26198 CONGRESSIONAL RECORD—HOUSE December 5, 2000 HOUSE OF REPRESENTATIVES—December 5, 2000

The House met at 9 a.m. and was Jacob, that he may instruct us in his Mr. GIBBONS. Mr. Speaker, as we called to order by the Speaker pro tem- ways, and we may walk in his paths.’ ’’ prepare for the 107th Congress, I call pore (Mrs. BIGGERT). Give direction, Lord God, to each upon my colleagues on the other side of f step we take these days. Let us not be the aisle to work with this Republican- fearful of the heights; our eyes fixed on led Congress to do the work of the peo- DESIGNATION OF SPEAKER PRO You. Free us to be led to Your dwelling ple. TEMPORE place. Then we will be light to the On November 7, the people of this The SPEAKER pro tempore laid be- world and an example to other nations. country entrusted us with many re- fore the House the following commu- By being truly present to one an- sponsibilities, including passing tax re- nication from the Speaker: other and unafraid to address every lief, implementing education reform, WASHINGTON, DC, need, we will establish true dialogue and ensuring quality and affordable December 5, 2000. and soon find ourselves in a lasting health care for every American. I hereby appoint the Honorable JUDY house of justice and integrity where It is time that our hard-working fam- BIGGERT to act as Speaker pro tempore on You live now and forever. ilies receive a break from the over- this day. Amen. whelming tax burdens preventing many J. DENNIS HASTERT, f from saving for their child’s education Speaker of the House of Representatives. or even for their own retirement. It is THE JOURNAL f time that our seniors be able to afford The SPEAKER pro tempore. The both food and medicine through a vol- MORNING HOUR DEBATES Chair has examined the Journal of the untary prescription drug benefit under The SPEAKER pro tempore. Pursu- last day’s proceedings and announces Medicare. And it is time that our ant to the order of the House of Janu- to the House his approval thereof. teachers and parents, not the Wash- ary 19, 1999, the Chair will now recog- Pursuant to clause 1, rule I, the Jour- ington bureaucrats, are empowered to nize Members from lists submitted by nal stands approved. provide a quality education for Amer- the majority and minority leaders for f ica’s children. morning hour debates. The Chair will PLEDGE OF ALLEGIANCE Working together, in a bipartisan alternate recognition between the par- fashion, we can accomplish these goals ties, with each party limited to not to The SPEAKER pro tempore. Will the and many more. exceed 25 minutes, and each Member, gentleman from Pennsylvania (Mr. It is my hope that my colleagues on except the majority leader, the minor- MURTHA) come forward and lead the the other side of the aisle will put po- ity leader, or the minority whip, lim- House in the Pledge of Allegiance. litical partisanship aside and join with ited to not to exceed 5 minutes, but in Mr. MURTHA led the Pledge of Alle- me to do the work of the people. no event shall debate extend beyond giance as follows: f 9:50 a.m. I pledge allegiance to the Flag of the United States of America, and to the Repub- CLINTON ADMINISTRATION HAS f lic for which it stands, one nation under God, REINVENTED COMMUNISM indivisible, with liberty and justice for all. RECESS (Mr. TRAFICANT asked and was The SPEAKER pro tempore. Pursu- f given permission to address the House ant to clause 12 of rule I, the Chair de- PRIVATE CALENDAR for 1 minute and to revise and extend clares the House in recess until 10 a.m. The SPEAKER pro tempore. This is his remarks.) Accordingly (at 9 o’clock and 1 Private Calendar day. The Clerk will Mr. TRAFICANT. Mr. Speaker, minute a.m.), the House stood in recess call the first individual bill on the Pri- America’s trade deficit for September until 10 a.m. vate Calendar. hit $35 billion for one month, $35 bil- lion. America is heading for a $420 bil- f f lion, 1-year trade deficit. b 1000 ALEXANDRE MALOFIENKO, OLGA Unbelievable. If this continues, MATSKO, AND VLADIMIR America will have a crash that will AFTER RECESS MALOFIENKO make 1929 look like a fender-bender. The recess having expired, the House The Clerk called the Senate bill (S. What is even worse, China is now was called to order by the Speaker pro 199) for the relief of Alexandre taking $100 billion of cash out of our tempore (Mr. LAHOOD) at 10 a.m. Malofienko, Olga Matsko, and their economy, buying missiles, and pointing f son, Vladimir Malofienko. them at us. Mr. SENSENBRENNER. Mr. Speak- Beam us up, all of us. PRAYER er, I ask unanimous consent that the We must be stupid. Ronald Reagan The Chaplain, the Reverend Daniel P. bill be passed over without prejudice. almost destroyed Communism, and the Coughlin, offered the following prayer: The SPEAKER pro tempore. Is there Clinton administration has reinvented The prophet Isaiah had a vision that objection to the request of the gen- it, is now subsidizing it, and is now sta- helped people to see through the dark- tleman from Wisconsin? bilizing it. ening days of winter. There was no objection. I yield back any common sense left ‘‘In days to come, the mountain of f and any patriotism left in this Con- the Lord’s house shall be established as gress. TO DO THE WORK OF THE PEOPLE the highest mountain and raised above f the hills. All nations shall stream to- (Mr. GIBBONS asked and was given ward it; many people shall come and permission to address the House for 1 AN ERA OF BIPARTISANSHIP say: ‘Come, let us climb the Lord’s minute and to revise and extend his re- (Ms. ROS-LEHTINEN asked and was mountain, to the house of the God of marks.) given permission to address the House

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.000 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26199 for 1 minute and to revise and extend Mr. Speaker, the continuing resolu- level of appropriations for items such her remarks.) tion that we bring to the floor this as education that are now contained in Ms. ROS-LEHTINEN. Mr. Speaker, morning is a 2-day extension to the the Labor-Health education con- Republicans have returned fiscal re- current continuing resolution that will ference. sponsibility and discipline to Wash- keep the remaining elements of the Mr. Speaker, we have the votes in ington. When House Republicans be- Government operating that have not both Houses for that Labor-Health and came a majority in 1994, there were yet had their regular appropriations Education conference if the leadership deficits as far as the eye could see. bills enacted. will ever allow it to come to the floor. Today, because House Republicans held As our colleagues know, we really But so far, it is being prevented from the line on spending and reined in have only one appropriations bill that coming to the floor by the leadership. President Clinton and House Demo- has not been concluded and most of the I would simply say that some may re- crats, there is boundless prosperity. issues relative to not concluding that member around here what happened And because of this, America has re- bill have been non-appropriations over the past year. For the first 9 elected a House Republican majority issues. They have been policy issues, months of the year, it was apparent for four consecutive elections. legislative issues. Nevertheless, that that the majority was intending to pro- It is now time to work together bill is not completed. vide education numbers which were across party lines. The American pub- There was a meeting at the White significantly below where those of us lic has a right to expect their elected House yesterday between the bicameral on this side of the aisle felt they ought officials to work together to address leadership of the House and Senate, Re- to be. Then, with the putting together the people’s business. The next Con- publican and Democrat. We hope that of the conference report of Labor- gress, America’s 107th, will have a that will produce some beneficial re- Health and Education in the closing unique opportunity to do this, making sults. I believe that I speak for at least days of the session before the election, a fresh start with a new President in most of the Members of the House everyone walked out of here and most the White House. when I say that it is time to conclude people on both sides of the aisle cam- Mr. Speaker, even in this time of the business of the 106th Congress, and paigned for the funding levels that prosperity, our Nation faces real chal- it is time to begin preparation for the were provided in that bill. lenges. There are challenges I know 107th Congress, which will convene in Now, apparently after the election, that we can meet by working together. January. And the way to accomplish we are seeing a reversion to form and And I am confident that I speak for all that is to conclude the business on this once again we are being asked to make the Members of the new Congress in final appropriations bill. major reductions in education as a pledging to put people ahead of poli- Mr. Speaker, I reserve the balance of price for having a convenient end to tics. my time. the session. f Mr. OBEY. Mr. Speaker, I yield my- I think that is a price that many of FURTHER CONTINUING APPRO- self such time as I may consume. us are not going to want to pay. And PRIATIONS, FISCAL YEAR 2001 Mr. Speaker, let me simply say hello that is why I am much more pessi- to you and to my good friend, the gen- mistic that we will, in fact, get the Mr. YOUNG of Florida. Mr. Speaker, tleman from Florida (Mr. YOUNG). work done that we should be able to pursuant to the previous order of the Mr. Speaker, there is nothing very get done this week. House, I call up the joint resolution complicated about this resolution, but I find it interesting that the majority (H.J. Res. 126) making further con- I think there is something very trou- party and Mr. Bush campaigned, at tinuing appropriations for fiscal year bling that lies underneath it. least rhetorically campaigned, as those 2001, and for other purposes, and ask Up until yesterday, I had been fairly folks who could best bring us together for its immediate consideration in the confident that the House, if it wished, in a bipartisan fashion; and yet the House. could come to a conclusion on this very first thing that we are being The Clerk read the joint resolution, year’s appropriation bills and finish as follows: asked to do since we have returned, the our work this week, our left-over work very first thing we are being asked to H.J. RES. 126 from the previous session. do by the House leadership is to in fact Resolved by the Senate and House of Rep- I now am feeling much more pessi- walk away from and scuttle a bill upon resentatives of the United States of America in mistic than I was, largely based upon Congress assembled, That Public Law 106–275, which agreement had been reached on a is further amended by striking the date spec- conversations which took place at the bipartisan basis. ified in section 106(c) and inserting ‘‘Decem- White House last night and based upon I do not think that is a healthy way ber 7, 2000’’. newspaper accounts of people’s com- in which to conclude this session. I do The SPEAKER pro tempore. Pursu- ments after that meeting last night. not think that is a healthy way in ant to the order of the House of Mon- I was originally optimistic because I which to begin our relationships for day, December 4, 2000, the gentleman thought that, when we left, we had had the coming session. But apparently from Florida (Mr. YOUNG) and the gen- very few differences that actually re- that is the direction that the leader- tleman from Wisconsin (Mr. OBEY) each mained. They were largely focused on ship is most comfortable with. will control 30 minutes. two appropriations bills, the Labor- I regret that. And so I will happily The Chair recognizes the gentleman Health bill and the State-Justice-Com- support this 2-day continuing resolu- from Florida (Mr. YOUNG). merce bill. tion in the waning hope that we will be GENERAL LEAVE On State-Justice there was the immi- able to reach agreement and get out of Mr. YOUNG of Florida. Mr. Speaker, gration controversy. And on the Labor- here at the end of those 2 days, but I do I ask unanimous consent that all Mem- Health, the focus of objection to that so with no illusions and no real expec- bers may have 5 legislative days within bill, which was negotiated on a bipar- tations that the conditions are present which to revise and extend their re- tisan basis and a bicameral basis, the for that kind of a bipartisan, early res- marks and that I may include tabular principal objection that we heard when olution of this session. and extraneous material on H.J. Res. we came back was the language with Mr. Speaker, I yield back the balance 126. respect to ergonomics. And that issue of my time. The SPEAKER pro tempore. Is there has now become moot because those b 1015 objection to the request of the gen- regulations have been published. tleman from Florida? So at this point, what I think we Mr. YOUNG of Florida. Mr. Speaker, There was no objection. really face is the question of whether I yield myself the balance of my time. Mr. YOUNG of Florida. Mr. Speaker, or not there is, as a price for getting I do so to point out that the other bills I yield myself such time as I may con- our work done, we are going to be that were passed, sent to the White sume. asked to in a major way pare back the House and were vetoed have basically

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.000 H05DE0 26200 CONGRESSIONAL RECORD—HOUSE December 5, 2000 been repaired and fixed. They are ready The SPEAKER pro tempore. Evi- Northup Roukema Sununu to move at a moment’s notice and can dently a quorum is not present. Norwood Roybal-Allard Sweeney Nussle Royce Tancredo be moved either separately or can be The Sergeant at Arms will notify ab- Oberstar Rush Tanner moved as part of an agreement on the sent Members. Obey Ryun (KS) Tauscher Olver Sabo Labor, Health and Human Services and The vote was taken by electronic de- Tauzin Education Bill. I wanted to just make Ortiz Salmon Taylor (MS) vice, and there were—yeas 378, nays 6, Ose Sanchez Taylor (NC) a brief point about that bill. That is not voting 48, as follows: Owens Sanders Terry the bill where we provide funding for Oxley Sandlin Thomas medical research. We have made a com- [Roll No. 600] Packard Sanford Thompson (CA) Pallone Sawyer mitment to double the investment in YEAS—378 Thompson (MS) Pascrell Saxton Thornberry medical research over a 5-year period, Abercrombie DeLauro Jenkins Pastor Scarborough Thune and a substantial part of the increase Ackerman DeMint John Payne Schaffer Thurman Aderholt Deutsch Johnson, E. B. Pease Schakowsky Tiahrt in that bill goes to fulfill that commit- Andrews Diaz-Balart Johnson, Sam Pelosi Scott Tierney ment. Another very large part of the Archer Dicks Jones (OH) Peterson (MN) Sensenbrenner Toomey Baca Doggett Kanjorski Petri Serrano increase in that bill is money that we Traficant Bachus Doyle Kaptur Phelps Shadegg have approved for education, and the Turner Baird Dreier Kasich Pickering Shaw education amounts are actually great- Baker Duncan Kelly Pickett Shays Udall (CO) er than those requested by the budget Baldacci Dunn Kennedy Pitts Sherman Udall (NM) that we received at the beginning of Baldwin Ehlers Kildee Pombo Sherwood Upton Vela´ zquez the year. So this is an important bill. Ballenger Ehrlich Kilpatrick Porter Shimkus Barcia Emerson Kind (WI) Portman Shows Walden Our former colleague, Bill Natcher, Barr Engel King (NY) Price (NC) Shuster Walsh use to come on the floor and make the Barrett (WI) English Kingston Pryce (OH) Simpson Wamp comment that this is the people’s bill, Bartlett Eshoo Kleczka Quinn Sisisky Watkins because the programs included in this Bass Etheridge Knollenberg Radanovich Skeen Watt (NC) Becerra Evans Kolbe Rahall Skelton Watts (OK) bill deal with people. It is important Bentsen Everett Kucinich Ramstad Slaughter Waxman that we do this job responsibly and not Bereuter Ewing Kuykendall Rangel Smith (MI) Weiner just pick a number out of the air and Berkley Farr LaFalce Regula Smith (NJ) Weller decide, well, that is a good number. Berman Fattah LaHood Reyes Smith (TX) Weygand Berry Filner Lampson Reynolds Smith (WA) Whitfield That number should be based on what Biggert Fletcher Largent Riley Snyder Wicker the real needs of the United States of Bilbray Foley Larson Rivers Souder Wilson America are today and will be in this Bilirakis Forbes Latham Rodriguez Spratt Wise Bishop Ford LaTourette Roemer Stabenow Wolf coming fiscal year. It is essential that Blagojevich Fossella Lazio Rogan Stearns Wu we approach that final deliberation Bliley Fowler Leach Rogers Stenholm Wynn with tremendous responsibility, but it Blumenauer Frank (MA) Lee Rohrabacher Strickland Young (AK) is also essential that we get it done. To Blunt Franks (NJ) Levin Ros-Lehtinen Stump Young (FL) Boehlert Frelinghuysen Lewis (CA) carry this over into the next year, into Boehner Frost Lewis (GA) NAYS—6 the next administration, into the next Bonilla Gallegly Lewis (KY) Barton Dingell Stupak Congress, I think would be inexcusable. Bonior Ganske Linder Costello Paul Visclosky Bono Gephardt LoBiondo I would ask those Members who are in- Borski Gibbons Lofgren NOT VOTING—48 terested to help us keep the momen- Boswell Gilchrest Lucas (KY) Allen Gejdenson Moakley tum going, to get this bill completed Boucher Gillmor Lucas (OK) Armey Gekas Peterson (PA) and let us conclude the business of the Boyd Gilman Luther Barrett (NE) Goode Pomeroy Brady (PA) Gonzalez Maloney (CT) 106th Congress. Bryant Gutknecht Rothman Brady (TX) Goodlatte Maloney (NY) Burton Hill (MT) Ryan (WI) Mr. Speaker, I would like to say a Brown (FL) Goodling Manzullo Chenoweth-Hage Hoekstra Sessions word of welcome back to all of those Brown (OH) Gordon Markey Coburn Hulshof Spence Members who are here for this lame Burr Goss Martinez Deal Jefferson Stark Buyer Graham Mascara duck session and my friend the gen- DeFazio Johnson (CT) Talent Callahan Granger Matsui Delahunt Jones (NC) Towns tleman from Wisconsin (Mr. OBEY). I Calvert Green (TX) McCarthy (MO) DeLay Klink Vitter look forward to our working together Camp Green (WI) McCarthy (NY) Dickey Lantos Waters Campbell Greenwood McCollum Dixon Lipinski Weldon (FL) again during the next fiscal year. Canady Gutierrez McCrery Mr. Speaker, I yield back the balance Dooley Lowey Weldon (PA) Cannon Hall (OH) McGovern Doolittle McDermott Wexler of my time. Capps Hall (TX) McHugh Edwards Miller (FL) Woolsey The SPEAKER pro tempore (Mr. Capuano Hansen McInnis Cardin Hastings (FL) McIntosh LAHOOD). All time for debate has ex- Carson Hastings (WA) McIntyre b 1042 pired. Castle Hayes McKeon So the joint resolution was passed. The joint resolution is considered as Chabot Hayworth McKinney having been read for amendment. Chambliss Hefley McNulty The result of the vote was announced Pursuant to the order of the House of Clay Herger Meehan as above recorded. Clayton Hill (IN) Meek (FL) A motion to reconsider was laid on Monday, December 4, 2000, the previous Clement Hilleary Meeks (NY) question is ordered. Clyburn Hilliard Menendez the table. The question is on the engrossment Coble Hinchey Metcalf Stated for: and third reading of the joint resolu- Collins Hinojosa Mica Mr. MCDERMOTT. Mr. Speaker, I was ab- Combest Hobson Millender- sent and unable to vote. I would have voted tion. Condit Hoeffel McDonald The joint resolution was ordered to Conyers Holden Miller, Gary in favor of H.J. Res. 126 (rollcall No. 600). be engrossed and read a third time, and Cook Holt Miller, George was read the third time. Cooksey Hooley Minge f The SPEAKER pro tempore. The Cox Horn Mink Coyne Hostettler Mollohan AMERICAN HOMEOWNERSHIP AND question is on the passage of the joint Cramer Houghton Moore ECONOMIC OPPORTUNITY ACT OF resolution. Crane Hoyer Moran (KS) The question was taken; and the Crowley Hunter Moran (VA) 2000 Cubin Hutchinson Morella Speaker pro tempore announced that Cummings Hyde Murtha Mr. LEACH. Mr. Speaker, I move to the ayes appeared to have it. Cunningham Inslee Myrick suspend the rules and pass the bill Mr. OBEY. Mr. Speaker, I object to Danner Isakson Nadler (H.R. 5640) to expand homeownership in the vote on the ground that a quorum Davis (FL) Istook Napolitano the United States, and for other pur- Davis (IL) Jackson (IL) Neal is not present and make the point of Davis (VA) Jackson-Lee Nethercutt poses. order that a quorum is not present. DeGette (TX) Ney The Clerk read as follows:

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.000 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26201 H.R. 5640 Sec. 702. Promissory note requirement under Sec. 1103. Coordination of reporting require- Be it enacted by the Senate and House of Rep- housing repair loan program. ments. resentatives of the United States of America in Sec. 703. Limited partnership eligibility for Sec. 1104. Elimination of certain reporting Congress assembled, farm labor housing loans. requirements. Sec. 704. Project accounting records and TITLE XII—FINANCIAL REGULATORY SEC. 1. SHORT TITLE AND TABLE OF CONTENTS. practices. RELIEF Sec. 705. Definition of rural area. (a) SHORT TITLE.—This Act may be cited as Sec. 1200. Short title. Sec. 706. Operating assistance for migrant the ‘‘American Homeownership and Eco- farmworkers projects. Subtitle A—Improving Monetary Policy and nomic Opportunity Act of 2000’’. Sec. 707. Multifamily rental housing loan Financial Institution Management Practices (b) TABLE OF CONTENTS.—The table of con- Sec. 1201. Repeal of savings association li- tents for this Act is as follows: guarantee program. Sec. 708. Enforcement provisions. quidity provision. Sec. 1. Short title and table of contents. Sec. 709. Amendments to title 18 of United Sec. 1202. Noncontrolling investments by TITLE I—REMOVAL OF BARRIERS TO States Code. savings association holding companies. HOUSING AFFORDABILITY TITLE VIII—HOUSING FOR ELDERLY AND Sec. 1203. Repeal of deposit broker notifica- Sec. 101. Short title. DISABLED FAMILIES Sec. 102. Grants for regulatory barrier re- tion and recordkeeping require- Sec. 801. Short title. ment. moval strategies. Sec. 802. Regulations. Sec. 103. Regulatory barriers clearinghouse. Sec. 1204. Expedited procedures for certain Sec. 803. Effective date. reorganizations. TITLE II—HOMEOWNERSHIP FOR Subtitle A—Refinancing for Section 202 Sec. 1205. National bank directors. WORKING FAMILIES Supportive Housing for the Elderly Sec. 1206. Amendment to National Bank Sec. 201. Home equity conversion mortgages. Sec. 811. Prepayment and refinancing. Consolidation and Merger Act. Sec. 202. Assistance for self-help housing Sec. 1207. Loans on or purchases by institu- providers. Subtitle B—Authorization of Appropriations tions of their own stock; affili- for Supportive Housing for the Elderly and ations. TITLE III—SECTION 8 HOMEOWNERSHIP Persons With Disabilities OPTION Sec. 1208. Purchased mortgage servicing Sec. 821. Supportive housing for elderly per- Sec. 301. Downpayment assistance. rights. sons. Sec. 302. Pilot program for homeownership Subtitle B—Streamlining Activities of Sec. 822. Supportive housing for persons assistance for disabled families. Institutions with disabilities. Sec. 303. Funding for pilot programs. Sec. 823. Service coordinators and con- Sec. 1211. Call report simplification. TITLE IV—PRIVATE MORTGAGE INSUR- gregate services for elderly and Subtitle C—Streamlining Agency Actions ANCE CANCELLATION AND TERMI- disabled housing. Sec. 1221. Elimination of duplicative disclo- NATION Subtitle C—Expanding Housing Opportuni- sure of fair market value of as- Sec. 401. Short title. ties for the Elderly and Persons With Dis- sets and liabilities. Sec. 402. Changes in amortization schedule. abilities Sec. 1222. Payment of interest in receiver- Sec. 403. Deletion of ambiguous references ships with surplus funds. PART 1—HOUSING FOR THE ELDERLY to residential mortgages. Sec. 1223. Repeal of reporting requirement Sec. 404. Cancellation rights after cancella- Sec. 831. Eligibility of for-profit limited on differences in accounting tion date. partnerships. standards. Sec. 405. Clarification of cancellation and Sec. 832. Mixed funding sources. Sec. 1224. Extension of time. termination issues and lender Sec. 833. Authority to acquire structures. Subtitle D—Technical Corrections paid mortgage insurance disclo- Sec. 834. Use of project reserves. Sec. 1231. Technical correction relating to sure requirements. Sec. 835. Commercial activities. deposit insurance funds. Sec. 406. Definitions. PART 2—HOUSING FOR PERSONS WITH Sec. 1232. Rules for continuation of deposit TITLE V—NATIVE AMERICAN DISABILITIES insurance for member banks HOMEOWNERSHIP Sec. 841. Eligibility of for-profit limited converting charters. Subtitle A—Native American Housing partnerships. Sec. 1233. Amendments to the Revised Stat- Sec. 501. Lands title report commission. Sec. 842. Mixed funding sources. utes of the United States. Sec. 502. Loan guarantees. Sec. 843. Tenant-based assistance. Sec. 1234. Conforming change to the Inter- Sec. 503. Native American housing assist- Sec. 844. Use of project reserves. national Banking Act of 1978. ance. Sec. 845. Commercial activities. TITLE I—REMOVAL OF BARRIERS TO Subtitle B—Native Hawaiian Housing PART 3—OTHER PROVISIONS HOUSING AFFORDABILITY Sec. 511. Short title. Sec. 851. Service coordinators. SEC. 101. SHORT TITLE. Sec. 512. Findings. Subtitle D—Preservation of Affordable This title may be cited as the ‘‘Housing Af- Sec. 513. Housing assistance. Housing Stock fordability Barrier Removal Act of 2000’’. Sec. 514. Loan guarantees. Sec. 861. Section 236 assistance. SEC. 102. GRANTS FOR REGULATORY BARRIER REMOVAL STRATEGIES. TITLE VI—MANUFACTURED HOUSING TITLE IX—OTHER RELATED HOUSING IMPROVEMENT (a) AUTHORIZATION OF APPROPRIATIONS.— PROVISIONS Subsection (a) of section 1204 of the Housing Sec. 601. Short title; references. Sec. 901. Extension of loan term for manu- and Community Development Act of 1992 (42 Sec. 602. Findings and purposes. factured home lots. U.S.C. 12705c(a)) is amended to read as fol- Sec. 603. Definitions. Sec. 902. Use of section 8 vouchers for opt- lows: Sec. 604. Federal manufactured home con- outs. ‘‘(a) FUNDING.—There is authorized to be struction and safety standards. Sec. 903. Maximum payment standard for appropriated for grants under subsections (b) Sec. 605. Abolishment of National Manufac- enhanced vouchers. and (c) such sums as may be necessary for tured Home Advisory Council; Sec. 904. Use of section 8 assistance by each of fiscal years 2001, 2002, 2003, 2004, and manufactured home installa- ‘‘grand-families’’ to rent dwell- 2005.’’. tion. ing units in assisted projects. (b) CONSOLIDATION OF STATE AND LOCAL Sec. 606. Public information. GRANTS.—Subsection (b) of section 1204 of Sec. 607. Research, testing, development, TITLE X—FEDERAL RESERVE BOARD PROVISIONS the Housing and Community Development and training. Act of 1992 (42 U.S.C. 12705c(b)) is amended— Sec. 1001. Federal Reserve Board buildings. Sec. 608. Prohibited acts. (1) in the subsection heading, by striking Sec. 609. Fees. Sec. 1002. Positions of Board of Governors of ‘‘STATE GRANTS’’ and inserting ‘‘GRANT AU- Sec. 610. Dispute resolution. the Federal Reserve System on THORITY’’; Sec. 611. Elimination of annual reporting re- the Executive schedule. (2) in the matter preceding paragraph (1), quirement. Sec. 1003. Amendments to the Federal Re- by inserting after ‘‘States’’ the following: Sec. 612. Effective date. serve Act. ‘‘and units of general local government (in- Sec. 613. Savings provisions. TITLE XI—BANKING AND HOUSING cluding consortia of such governments)’’; TITLE VII—RURAL HOUSING AGENCY REPORTS (3) in paragraph (3), by striking ‘‘a State HOMEOWNERSHIP Sec. 1101. Short title. program to reduce State and local’’ and in- Sec. 701. Guarantees for refinancing of rural Sec. 1102. Preservation of certain reporting serting ‘‘State, local, or regional programs housing loans. requirements. to reduce’’;

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.000 H05DE0 26202 CONGRESSIONAL RECORD—HOUSE December 5, 2000 (4) in paragraph (4), by inserting ‘‘or local’’ ‘‘(A) shall describe the types of barriers to tion for a refinancing mortgage insured after ‘‘State’’; and affordable housing that the strategy or plan under this subsection does not exceed 5 (5) in paragraph (5), by striking ‘‘State’’. was designed to ameliorate or remove; and years. (c) REPEAL OF LOCAL GRANTS PROVISION.— ‘‘(B) shall, not later than 30 days after sub- ‘‘(4) CREDIT FOR PREMIUMS PAID.—Notwith- Section 1204 of the Housing and Community mission to the clearinghouse of any new standing section 203(c)(2)(A), the Secretary Development Act of 1992 (42 U.S.C. 12705c) is strategy or plan, be updated to include the may reduce the amount of the single pre- amended by striking subsection (c). new strategy or plan submitted.’’; and mium payment otherwise collected under (d) APPLICATION AND SELECTION.—The last (3) by adding at the end the following new such section at the time of the insurance of sentence of section 1204(e) of the Housing and subsections: a mortgage refinanced and insured under Community Development Act of 1992 (42 ‘‘(c) ORGANIZATION.—The clearinghouse this subsection. The amount of the single U.S.C. 12705c(e)) is amended— under this section shall be established within premium for mortgages refinanced under (1) by striking ‘‘and for the selection of the Office of Policy Development of the De- this subsection shall be determined by the units of general local government to receive partment of Housing and Urban Development Secretary based on the actuarial study re- grants under subsection (f)(2)’’; and and shall be under the direction of the As- quired under paragraph (5). (2) by inserting before the period at the end sistant Secretary for Policy Development ‘‘(5) ACTUARIAL STUDY.—Not later than 180 the following: ‘‘and such criteria shall re- and Research. days after the date of the enactment of the quire that grant amounts be used in a man- ‘‘(d) TIMING.—The clearinghouse under this American Homeownership and Economic Op- ner consistent with the strategy contained section (as amended by section 103 of the portunity Act of 2000, the Secretary shall in the comprehensive housing affordability Housing Affordability Barrier Removal Act conduct an actuarial analysis to determine strategy for the jurisdiction pursuant to sec- of 2000) shall be established and commence the adequacy of the insurance premiums col- tion 105(b)(4) of the Cranston-Gonzalez Na- carrying out the functions of the clearing- lected under the program under this sub- tional Affordable Housing Act’’. house under this section not later than 1 section with respect to— (e) SELECTION OF GRANTEES.—Subsection (f) year after the date of the enactment of such ‘‘(A) a reduction in the single premium of section 1204 of the Housing and Commu- Act. The Secretary of Housing and Urban De- payment collected at the time of the insur- nity Development Act of 1992 (42 U.S.C. velopment may comply with the require- ance of a mortgage refinanced and insured 12705c(f)) is amended to read as follows: ments under this section by reestablishing under this subsection; ‘‘(f) SELECTION OF GRANTEES.—To the ex- the clearinghouse that was originally estab- ‘‘(B) the establishment of a single national tent amounts are made available to carry lished to comply with this section and updat- limit on the benefits of insurance under sub- out this section, the Secretary shall provide ing and improving such clearinghouse to the section (g) (relating to limitation on insur- grants on a competitive basis to eligible extent necessary to comply with the require- ance authority); and grantees based on the proposed uses of such ments of this section as in effect pursuant to ‘‘(C) the combined effect of reduced insur- amounts, as provided in applications under the enactment of such Act.’’. ance premiums and a single national limita- subsection (e).’’. TITLE II—HOMEOWNERSHIP FOR tion on insurance authority. ‘‘(6) FEES.—The Secretary may establish a (f) TECHNICAL AMENDMENTS.—Section WORKING FAMILIES 107(a)(1) of the Housing and Community De- limit on the origination fee that may be SEC. 201. HOME EQUITY CONVERSION MORT- charged to a mortgagor under a mortgage in- velopment Act of 1974 (42 U.S.C. 5307(a)(1)) is GAGES. sured under this subsection, except that such amended— (a) INSURANCE FOR MORTGAGES TO REFI- limitation shall provide that the origination (1) in subparagraph (G), by inserting ‘‘and’’ NANCE EXISTING HECMS.— fee may be fully financed with the mortgage after the semicolon at the end; (1) IN GENERAL.—Section 255 of the Na- and shall include any fees paid to cor- (2) by striking subparagraph (H); and tional Housing Act (12 U.S.C. 1715z–20) is (3) by redesignating subparagraph (I) as respondent mortgagees approved by the Sec- amended— retary.’’. subparagraph (H). (A) by redesignating subsection (k) as sub- (2) REGULATIONS.—The Secretary shall SEC. 103. REGULATORY BARRIERS CLEARING- section (m); and issue any final regulations necessary to im- HOUSE. (B) by inserting after subsection (j) the fol- plement the amendments made by paragraph Section 1205 of the Housing and Commu- lowing new subsection: (1) of this subsection, which shall take effect nity Development Act of 1992 (42 U.S.C. ‘‘(k) INSURANCE AUTHORITY FOR not later than the expiration of the 180-day 12705d) is amended— REFINANCINGS.— period beginning on the date of the enact- (1) in subsection (a)— ‘‘(1) IN GENERAL.—The Secretary may, upon ment of this Act. The regulations shall be (A) in the matter preceding paragraph (1), application by a mortgagee, insure under issued after notice and opportunity for pub- by striking ‘‘receive, collect, process, and as- this subsection any mortgage given to refi- lic comment in accordance with the proce- semble’’ and inserting ‘‘serve as a national nance an existing home equity conversion dure under section 553 of title 5, United repository to receive, collect, process, as- mortgage insured under this section. States Code, applicable to substantive rules semble, and disseminate’’; ‘‘(2) ANTI-CHURNING DISCLOSURE.—The Sec- (notwithstanding subsections (a)(2), (b)(B), (B) in paragraph (1)— retary shall, by regulation, require that the and (d)(3) of such section). (i) by striking ‘‘, including’’ and inserting mortgagee of a mortgage insured under this (b) HOUSING COOPERATIVES.—Section 255(b) ‘‘(including’’; and subsection, provide to the mortgagor, within of the National Housing Act (12 U.S.C. 1715z– (ii) by inserting before the semicolon at an appropriate time period and in a manner 20(b)) is amended— the end the following: ‘‘), and the prevalence established in such regulations, a good faith (1) in paragraph (2), by striking ‘‘ ‘mort- and effects on affordable housing of such estimate of: (A) the total cost of the refi- gage’,’’; and laws, regulations, and policies’’; nancing; and (B) the increase in the mortga- (2) by adding at the end the following new (C) in paragraph (2), by inserting before the gor’s principal limit as measured by the esti- paragraphs: semicolon the following: ‘‘, including par- mated initial principal limit on the mort- ‘‘(4) MORTGAGE.—The term ‘mortgage’ ticularly innovative or successful activities, gage to be insured under this subsection less means a first mortgage or first lien on real strategies, and plans’’; and the current principal limit on the home eq- estate, in fee simple, on all stock allocated (D) in paragraph (3), by inserting before uity conversion mortgage that is being refi- to a dwelling in a residential cooperative the period at the end the following: ‘‘, in- nanced and insured under this subsection. housing corporation, or on a leasehold— cluding particularly innovative or successful ‘‘(3) WAIVER OF COUNSELING REQUIREMENT.— ‘‘(A) under a lease for not less than 99 strategies, activities, and plans’’; The mortgagor under a mortgage insured years that is renewable; or (2) in subsection (b)— under this subsection may waive the applica- ‘‘(B) under a lease having a period of not (A) in paragraph (1), by striking ‘‘and’’ at bility, with respect to such mortgage, of the less than 10 years to run beyond the matu- the end; requirements under subsection (d)(2)(B) (re- rity date of the mortgage. (B) in paragraph (2), by striking the period lating to third party counseling), but only ‘‘(5) FIRST MORTGAGE.—The term ‘first at the end and inserting ‘‘; and’’; and if— mortgage’ means such classes of first liens as (C) by adding at the end the following new ‘‘(A) the mortgagor has received the disclo- are commonly given to secure advances on, paragraph: sure required under paragraph (2); or the unpaid purchase price of, real estate ‘‘(3) by making available through a World ‘‘(B) the increase in the principal limit de- or all stock allocated to a dwelling unit in a Wide Web site of the Department, by elec- scribed in paragraph (2) exceeds the amount residential cooperative housing corporation, tronic mail, or otherwise, provide to each of the total cost of refinancing (as described under the laws of the State in which the real housing agency of a unit of general local in such paragraph) by an amount to be deter- estate or dwelling unit is located, together government that serves an area having a mined by the Secretary; and with the credit instruments, if any, secured population greater than 100,000, an index of ‘‘(C) the time between the closing of the thereby.’’. all State and local strategies and plans sub- original home equity conversion mortgage (c) WAIVER OF UP-FRONT PREMIUMS FOR mitted under subsection (a) to the clearing- that is refinanced through the mortgage in- MORTGAGES USED TO FUND LONG-TERM CARE house, which— sured under this subsection and the applica- INSURANCE.—

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(1) IN GENERAL.—Section 255 of the Na- Not later than 180 days after the date of the thereafter to the extent provided in advance tional Housing Act (12 U.S.C. 1715z–20) is enactment of this Act, the Secretary shall in appropriations Acts. amended by inserting after subsection (k) (as complete the study under this subsection ‘‘(B) AMOUNT.—The amount of a downpay- added by subsection (a) of this section) the and submit a report describing the study and ment grant on behalf of an assisted family following new subsection: the results of the study to the Committee on may not exceed the amount that is equal to ‘‘(l) WAIVER OF UP-FRONT PREMIUMS FOR Banking and Financial Services of the House the sum of the assistance payments that MORTGAGES TO FUND LONG-TERM CARE INSUR- of Representatives and to the Committee on would be made during the first year of assist- ANCE.— Banking, Housing, and Urban Affairs of the ance on behalf of the family, based upon the ‘‘(1) IN GENERAL.—In the case of any mort- Senate. income of the family at the time the grant is gage insured under this section under which SEC. 202. ASSISTANCE FOR SELF-HELP HOUSING to be made.’’. the total amount (except as provided in para- PROVIDERS. (b) EFFECTIVE DATE.—The amendments graph (2)) of all future payments described in (a) REAUTHORIZATION.—Subsection (p) of made by subsection (a) shall take effect im- subsection (b)(3) will be used only for costs of section 11 of the Housing Opportunity Pro- mediately after the amendments made by a qualified long-term care insurance con- gram Extension Act of 1996 (42 U.S.C. 12805 section 555(c) of the Quality Housing and tract that covers the mortgagor or members note) is amended to read as follows: Work Responsibility Act of 1998 take effect of the household residing in the property ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.— pursuant to such section. that is subject to the mortgage, notwith- There are authorized to be appropriated to SEC. 302. PILOT PROGRAM FOR HOMEOWNER- standing section 203(c)(2), the Secretary shall carry out this section such sums as may be SHIP ASSISTANCE FOR DISABLED not charge or collect the single premium necessary for fiscal year 2001.’’. FAMILIES. payment otherwise required under subpara- (b) ELIGIBLE EXPENSES.—Section 11(d)(2)(A) (a) IN GENERAL.—A public housing agency graph (A) of such section to be paid at the of the Housing Opportunity Program Exten- providing tenant-based assistance on behalf time of insurance. sion Act of 1996 (42 U.S.C. 12805 note) is of an eligible family under section 8 of the ‘‘(2) AUTHORITY TO REFINANCE EXISTING amended by inserting before the period at United States Housing Act of 1937 (42 U.S.C. MORTGAGE AND FINANCE CLOSING COSTS.—A the end the following: ‘‘, which may include 1437f) may provide assistance for a disabled mortgage described in paragraph (1) may reimbursing an organization, consortium, or family that purchases a dwelling unit (in- provide financing of amounts that are used affiliate, upon approval of any required envi- cluding a dwelling unit under a lease-pur- to satisfy outstanding mortgage obligations ronmental review, for nongrant amounts of chase agreement) that will be owned by one (in accordance with such limitations as the the organization, consortium, or affiliate ad- or more members of the disabled family and Secretary shall prescribe) and any amounts vanced before such review to acquire land’’. will be occupied by the disabled family, if used for initial service charges, appraisal, in- (c) DEADLINE FOR RECAPTURE OF FUNDS.— the disabled family— spection, and other fees (as approved by the Section 11 of the Housing Opportunity Pro- (1) purchases the dwelling unit before the Secretary) in connection with such mort- gram Extension Act of 1996 (42 U.S.C. 12805 expiration of the 3-year period beginning on gage, and the amount of future payments de- note) is amended— the date that the Secretary first implements scribed in subsection (b)(3) under the mort- (1) in subsection (i)(5)— the pilot program under this section; gage shall be reduced accordingly. (A) by striking ‘‘if the organization or con- (2) demonstrates that the disabled family ‘‘(3) DEFINITION.—For purposes of this sub- sortia has not used any grant amounts’’ and has income from employment or other section, the term ‘qualified long-term care inserting ‘‘the Secretary shall recapture any sources (including public assistance), as de- insurance contract’ has the meaning given grant amounts provided to the organization termined in accordance with requirements of such term in section 7702B of the Internal or consortia that are not used’’; the Secretary, that is not less than twice the Revenue Code of 1986 (26 U.S.C. 7702B)), ex- (B) by striking ‘‘(or,’’ and inserting ‘‘, ex- payment standard established by the public cept that such contract shall also meet the cept that such period shall be 36 months’’; housing agency (or such other amount as requirements of— and may be established by the Secretary); ‘‘(A) sections 9 (relating to disclosure), 24 (C) by striking ‘‘within 36 months), the (3) except as provided by the Secretary, (relating to suitability), and 26 (relating to Secretary shall recapture such unused demonstrates at the time the disabled family contingent nonforfeiture) of the long-term amounts’’ and inserting ‘‘and in the case of initially receives tenant-based assistance care insurance model regulation promul- a grant amounts provided to a local affiliate under this section that one or more adult gated by the National Association of Insur- of the organization or consortia that is de- members of the disabled family have ance Commissioners (as adopted as of Sep- veloping five or more dwellings in connec- achieved employment for the period as the tember 2000); and tion with such grant amounts’’; and Secretary shall require; ‘‘(B) section 8 (relating to contingent non- (2) in subsection (j), by inserting after (4) participates in a homeownership and forfeiture) of the long-term care insurance ‘‘carry out this section’’ the following: ‘‘and housing counseling program provided by the model Act promulgated by the National As- grant amounts provided to a local affiliate of agency; and sociation of Insurance Commissioners (as the organization or consortia that is devel- (5) meets any other initial or continuing adopted as of September 2000).’’. oping five or more dwellings in connection requirements established by the public hous- (2) APPLICABILITY.—The provisions of sec- with such grant amounts’’. ing agency in accordance with requirements tion 255(l) of the National Housing Act (as (d) TECHNICAL CORRECTIONS.—Section 11 of established by the Secretary. the Housing Opportunity Program Extension added by paragraph (1) of this subsection) (b) DETERMINATION OF AMOUNT OF ASSIST- Act of 1996 (42 U.S.C. 12805 note) is amended— shall apply only to mortgages closed on or ANCE.— (1) in subsection (b)(4), by striking ‘‘Habi- after April 1, 2001. (1) IN GENERAL.— tat for Humanity International, its affili- (d) STUDY OF SINGLE NATIONAL MORTGAGE (A) MONTHLY EXPENSES NOT EXCEEDING PAY- ates, and other’’; and LIMIT.—The Secretary of Housing and Urban MENT STANDARD.—If the monthly home- Development shall conduct an actuarially (2) in subsection (e)(2), by striking ownership expenses, as determined in accord- based study of the effects of establishing, for ‘‘consoria’’ and inserting ‘‘consortia’’. ance with requirements established by the mortgages insured under section 255 of the TITLE III—SECTION 8 HOMEOWNERSHIP Secretary, do not exceed the payment stand- National Housing Act (12 U.S.C. 1715z–20), a OPTION ard, the monthly assistance payment shall single maximum mortgage amount limita- SEC. 301. DOWNPAYMENT ASSISTANCE. be the amount by which the homeownership tion in lieu of applicability of section (a) AMENDMENTS.—Section 8(y) of the expenses exceed the highest of the following 203(b)(2) of such Act (12 U.S.C. 1709(b)(2)). The United States Housing Act of 1937 (42 U.S.C. amounts, rounded to the nearest dollar: study shall— 1437f(y)) is amended— (i) 30 percent of the monthly adjusted in- (1) examine the effects of establishing such (1) by redesignating paragraph (7) as para- come of the disabled family. limitation at different dollar amounts; and graph (8); and (ii) 10 percent of the monthly income of the (2) examine the effects of such various lim- (2) by inserting after paragraph (6) the fol- disabled family. itations on— lowing new paragraph: (iii) If the disabled family is receiving pay- (A) the risks to the General Insurance ‘‘(7) DOWNPAYMENT ASSISTANCE.— ments for welfare assistance from a public Fund established under section 519 of such ‘‘(A) AUTHORITY.—A public housing agency agency, and a portion of those payments, ad- Act; may, in lieu of providing monthly assistance justed in accordance with the actual housing (B) the mortgage insurance premiums that payments under this subsection on behalf of costs of the disabled family, is specifically would be required to be charged to mortga- a family eligible for such assistance and at designated by that agency to meet the hous- gors to ensure actuarial soundness of such the discretion of the public housing agency, ing costs of the disabled family, the portion Fund; and provide assistance for the family in the form of those payments that is so designated. (C) take into consideration the various ap- of a single grant to be used only as a con- (B) MONTHLY EXPENSES EXCEED PAYMENT proaches to providing credit to borrowers tribution toward the downpayment required STANDARD.—If the monthly homeownership who refinance home equity conversion mort- in connection with the purchase of a dwell- expenses, as determined in accordance with gages insured under section 255 of such Act. ing for fiscal year 2000 and each fiscal year requirements established by the Secretary,

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.000 H05DE0 26204 CONGRESSIONAL RECORD—HOUSE December 5, 2000 exceed the payment standard, the monthly the National Housing Act, the disabled fam- (B) in paragraph (16)(B), by striking ‘‘am- assistance payment shall be the amount by ily may not continue to receive rental assist- ortization schedules’’ and inserting ‘‘the am- which the applicable payment standard ex- ance under section 8 of the United States ortization schedule then in effect’’; ceeds the highest of the amounts under Housing Act of 1937 unless it complies with (C) by redesignating paragraphs (6) clauses (i), (ii), and (iii) of subparagraph (A). requirements established by the Secretary. through (16) (as amended by the preceding (2) CALCULATION OF AMOUNT.— (2) ALL MORTGAGES.—A disabled family re- provisions of this paragraph) as paragraphs (A) LOW-INCOME FAMILIES.—A disabled fam- ceiving assistance under this section that de- (8) through (18), respectively; and ily that is a low-income family shall be eligi- faults under a mortgage may not receive as- (D) by inserting after paragraph (5) the fol- ble to receive 100 percent of the amount cal- sistance under this section for occupancy of lowing new paragraph: culated under paragraph (1). another dwelling unit owned by 1 or more ‘‘(6) AMORTIZATION SCHEDULE THEN IN EF- (B) INCOME BETWEEN 81 AND 89 PERCENT OF members of the disabled family. FECT.—The term ‘amortization schedule then MEDIAN.—A disabled family whose income is (3) EXCEPTION.—This subsection shall not in effect’ means, with respect to an adjust- between 81 and 89 percent of the median for apply if the Secretary determines that the able rate mortgage, a schedule established at the area shall be eligible to receive 66 per- disabled family receiving assistance under the time at which the residential mortgage cent of the amount calculated under para- this section defaulted under a mortgage due transaction is consummated or, if such graph (1). to catastrophic medical reasons or due to the schedule has been changed or recalculated, is (C) INCOME BETWEEN 90 AND 99 PERCENT OF impact of a federally declared major disaster the most recent schedule under the terms of MEDIAN.—A disabled family whose income is or emergency. the note or mortgage, which shows— between 90 and 99 percent of the median for (h) REGULATIONS.—Not later than 90 days ‘‘(A) the amount of principal and interest the area shall be eligible to receive 33 per- after the date of the enactment of this Act, that is due at regular intervals to retire the cent of the amount calculated under para- the Secretary shall issue regulations to im- principal balance and accrued interest over graph (1). plement this section. Such regulations may the remaining amortization period of the (D) INCOME MORE THAN 99 PERCENT OF ME- not prohibit any public housing agency pro- loan; and DIAN.—A disabled family whose income is viding tenant-based assistance on behalf of ‘‘(B) the unpaid balance of the loan after more than 99 percent of the median for the an eligible family under section 8 of the each such scheduled payment is made.’’; and area shall not be eligible to receive assist- United States Housing Act of 1937 from par- (2) in section 3(f)(1)(B)(ii), by striking ‘‘am- ance under this section. ticipating in the pilot program under this ortization schedules’’ and inserting ‘‘the am- (c) INSPECTIONS AND CONTRACT CONDI- section. ortization schedule then in effect’’. TIONS.— (i) DEFINITION OF DISABLED FAMILY.—For (b) TREATMENT OF BALLOON MORTGAGES.— (1) IN GENERAL.—Each contract for the pur- the purposes of this section, the term ‘‘dis- Paragraph (1) of section 2 of the Homeowners chase of a dwelling unit to be assisted under abled family’’ has the meaning given the Protection Act of 1998 (12 U.S.C. 4901(1)) is this section shall— term ‘‘person with disabilities’’ in section amended by adding at the end the following (A) provide for pre-purchase inspection of 811(k)(2) of the Cranston-Gonzalez National new sentence: ‘‘A residential mortgage that the dwelling unit by an independent profes- Affordable Housing Act (42 U.S.C. 8013(k)(2)). (A) does not fully amortize over the term of sional; and SEC. 303. FUNDING FOR PILOT PROGRAMS. the obligation, and (B) contains a condi- (B) require that any cost of necessary re- (a) AUTHORIZATION OF APPROPRIATIONS.— tional right to refinance or modify the pairs be paid by the seller. There is authorized to be appropriated such unamortized principal at the maturity date (2) ANNUAL INSPECTIONS NOT REQUIRED.— sums as may be necessary for fiscal year 2001 of the term, shall be considered to be an ad- The requirement under subsection for assistance in connection with the exist- justable rate mortgage for purposes of this (o)(8)(A)(ii) of section 8 of the United States ing homeownership pilot programs carried Act.’’. (c) TREATMENT OF LOAN MODIFICATIONS.— Housing Act of 1937 for annual inspections out under the demonstration program au- (1) IN GENERAL.—Section 3 of the Home- shall not apply to dwelling units assisted thorized under to section 555(b) of the Qual- owners Protection Act of 1998 (12 U.S.C. 4902) under this section. ity Housing and Work Responsibility Act of is amended— (d) OTHER AUTHORITY OF THE SECRETARY.— 1998 (Public Law 105–276; 112 Stat. 2613). (A) by redesignating subsections (d) The Secretary may— (b) USE.—Subject to subsection (c), through (f) as subsections (e) through (g), re- (1) limit the term of assistance for a dis- amounts made available pursuant to this spectively; and abled family assisted under this section; section shall be used only through such (B) by inserting after subsection (c) the fol- (2) provide assistance for a disabled family homeownership pilot programs to provide, on lowing new subsection: for the entire term of a mortgage for a dwell- behalf of families participating in such pro- ‘‘(d) TREATMENT OF LOAN MODIFICATIONS.— ing unit if the disabled family remains eligi- grams, amounts for downpayments in con- nection with dwellings purchased by such If a mortgagor and mortgagee (or holder of ble for such assistance for such term; and the mortgage) agree to a modification of the (3) modify the requirements of this section families using assistance made available under section 8(y) of the United States Hous- terms or conditions of a loan pursuant to a as the Secretary determines to be necessary residential mortgage transaction, the can- ing Act of 1937 (42 U.S.C. 1437f(y)). No such to make appropriate adaptations for lease- cellation date, termination date, or final ter- downpayment grant may exceed 20 percent of purchase agreements. mination shall be recalculated to reflect the the appraised value of the dwelling pur- (e) ASSISTANCE PAYMENTS SENT TO LEND- modified terms and conditions of such chased with assistance under such section ER.—The Secretary shall remit assistance loan.’’. 8(y). payments under this section directly to the (2) CONFORMING AMENDMENTS.—Section 4(a) (c) MATCHING REQUIREMENT.—The amount mortgagee of the dwelling unit purchased by of the Homeowners Protection Act of 1998 (12 of assistance made available under this sec- the disabled family receiving such assistance U.S.C. 4903(a)) is amended— tion for any existing homeownership pilot payments. (A) in paragraph (1)— program may not exceed twice the amount (f) INAPPLICABILITY OF CERTAIN PROVI- (i) in the matter preceding subparagraph donated from sources other than this section SIONS.—Assistance under this section shall (A), by striking ‘‘section 3(f)(1)’’ and insert- for use under the program for assistance de- not be subject to the requirements of the fol- ing ‘‘section 3(g)(1)’’; scribed in subsection (b). Amounts donated lowing provisions: (ii) in subparagraph (A)(ii)(IV), by striking from other sources may include amounts (1) Subsection (c)(3)(B) of section 8 of the ‘‘section 3(f)’’ and inserting ‘‘section 3(g)’’; from State housing finance agencies and United States Housing Act of 1937. and Neighborhood Housing Services of America. (2) Subsection (d)(1)(B)(i) of section 8 of the (iii) in subparagraph (B)(iii), by striking United States Housing Act of 1937. TITLE IV—PRIVATE MORTGAGE INSUR- ‘‘section 3(f)’’ and inserting ‘‘section 3(g)’’; (3) Any other provisions of section 8 of the ANCE CANCELLATION AND TERMI- and United States Housing Act of 1937 governing NATION (B) in paragraph (2), by striking ‘‘section maximum amounts payable to owners and SEC. 401. SHORT TITLE. 3(f)(1)’’ and inserting ‘‘section 3(g)(1)’’. amounts payable by assisted families. This title may be cited as the ‘‘Private SEC. 403. DELETION OF AMBIGUOUS REF- (4) Any other provisions of section 8 of the Mortgage Insurance Technical Corrections ERENCES TO RESIDENTIAL MORT- United States Housing Act of 1937 concerning and Clarification Act’’. GAGES. contracts between public housing agencies SEC. 402. CHANGES IN AMORTIZATION SCHED- (a) TERMINATION OF PRIVATE MORTGAGE IN- and owners. ULE. SURANCE.—Section 3 of the Homeowners Pro- (5) Any other provisions of the United (a) TREATMENT OF ADJUSTABLE RATE MORT- tection Act of 1998 (12 U.S.C. 4902) is amend- States Housing Act of 1937 that are incon- GAGES.—The Homeowners Protection Act of ed— sistent with the provisions of this section. 1998 (12 U.S.C. 4901 et seq.) is amended— (1) in subsection (c), by inserting ‘‘on resi- (g) REVERSION TO RENTAL STATUS.— (1) in section 2— dential mortgage transactions’’ after ‘‘im- (1) NON-FHA MORTGAGES.—If a disabled fam- (A) in paragraph (2)(B)(i), by striking ‘‘am- posed’’; and ily receiving assistance under this section ortization schedules’’ and inserting ‘‘the am- (2) in subsection (g) (as so redesignated by defaults under a mortgage not insured under ortization schedule then in effect’’; the preceding provisions of this title)—

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.000 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26205 (A) in paragraph (1), in the matter pre- tion Act of 1998 (12 U.S.C. 4902(b)(2)) is mission will be subject to oversight by the ceding subparagraph (A), by striking ‘‘mort- amended to read as follows: Committee on Banking and Financial Serv- gage or’’; ‘‘(2) if the mortgagor is not current on the ices of the House of Representatives and the (B) in paragraph (2), by striking ‘‘mortgage termination date, on the first day of the first Committee on Banking, Housing, and Urban or’’; and month beginning after the date that the Affairs of the Senate. (C) in paragraph (3), by striking ‘‘mortgage mortgagor becomes current on the payments (b) MEMBERSHIP.— or’’ and inserting ‘‘residential mortgage or required by the terms of the residential (1) APPOINTMENT.—The Commission shall residential’’. mortgage transaction.’’ be composed of 12 members, appointed not (b) DISCLOSURE REQUIREMENTS.—Section 4 (c) PREMIUM PAYMENTS.—Section 3 of the later than 90 days after the date of the enact- of the Homeowners Protection Act of 1998 (12 Homeowners Protection Act of 1998 (12 U.S.C. ment of this Act as follows: U.S.C. 4903(a)) is amended— 4902) is amended by adding at the end the fol- (A) Four members shall be appointed by (1) in subsection (a)— lowing new subsection: the President. (A) in paragraph (1)— ‘‘(h) ACCRUED OBLIGATION FOR PREMIUM (B) Four members shall be appointed by (i) by striking ‘‘mortgage or’’ the first PAYMENTS.—The cancellation or termination the Chairperson of the Committee on Bank- place it appears; and under this section of the private mortgage ing and Financial Services of the House of (ii) by striking ‘‘mortgage or’’ the second insurance of a mortgagor shall not affect the Representatives. place it appears and inserting ‘‘residential’’; rights of any mortgagee, servicer, or mort- (C) Four members shall be appointed by and gage insurer to enforce any obligation of the Chairperson of the Committee on Bank- (B) in paragraph (2), by striking ‘‘mortgage such mortgagor for premium payments ac- ing, Housing, and Urban Affairs of the Sen- or’’ and inserting ‘‘residential’’; crued prior to the date on which such can- ate. (2) in subsection (c), by striking ‘‘para- cellation or termination occurred.’’. (2) QUALIFICATIONS.— graphs (1)(B) and (3) of subsection (a)’’ and SEC. 406. DEFINITIONS. (A) MEMBERS OF TRIBES.—At all times, not inserting ‘‘subsection (a)(3)’’; and (a) REFINANCED.—Section 6(c)(1)(B)(ii) of less than eight of the members of the Com- (3) in subsection (d), by inserting before the Homeowners Protection Act of 1998 (12 mission shall be members of federally recog- the period at the end the following: ‘‘, which U.S.C. 4905(c)(1)(B)(ii)) is amended by insert- nized Indian tribes. disclosures shall relate to the mortgagor’s ing after ‘‘refinanced’’ the following: ‘‘(under (B) EXPERIENCE IN LAND TITLE MATTERS.— rights under this Act’’. the meaning given such term in the regula- All members of the Commission shall have (c) DISCLOSURE REQUIREMENTS FOR LENDER- tions issued by the Board of Governors of the experience in and knowledge of land title PAID MORTGAGE INSURANCE.—Section 6 of the Federal Reserve System to carry out the matters relating to Indian trust lands. Homeowners Protection Act of 1998 (12 U.S.C. Truth in Lending Act (15 U.S.C. 1601 et (3) CHAIRPERSON.—The Chairperson of the 4905) is amended— seq.))’’. Commission shall be one of the members of (1) in subsection (c)— (b) MIDPOINT OF THE AMORTIZATION PE- the Commission appointed under paragraph (A) in the matter preceding paragraph (1), RIOD.—Section 2 of the Homeowners Protec- (1)(C), as elected by the members of the Com- by striking ‘‘a residential mortgage or’’; and tion Act of 1998 (12 U.S.C. 4901) is amended by mission. (B) in paragraph (2), by inserting ‘‘trans- inserting after paragraph (6) (as added by the (4) VACANCIES.—Any vacancy on the Com- action’’ after ‘‘residential mortgage’’; and preceding provisions of this title) the fol- mission shall not affect its powers, but shall (2) in subsection (d), by inserting ‘‘trans- lowing new paragraph: be filled in the manner in which the original action’’ after ‘‘residential mortgage’’. ‘‘(7) MIDPOINT OF THE AMORTIZATION PE- appointment was made. SEC. 404. CANCELLATION RIGHTS AFTER CAN- RIOD.—The term ‘midpoint of the amortiza- (5) TRAVEL EXPENSES.—Members of the CELLATION DATE. tion period’ means, with respect to a residen- Commission shall serve without pay, but Section 3 of the Homeowners Protection tial mortgage transaction, the point in time each member shall receive travel expenses, Act of 1998 (12 U.S.C. 4902) is amended— that is halfway through the period that be- including per diem in lieu of subsistence, in (1) in subsection (a)— gins upon the first day of the amortization accordance with sections 5702 and 5703 of (A) in the matter preceding paragraph (1), period established at the time a residential title 5, United States Code. by inserting after ‘‘cancellation date’’ the mortgage transaction is consummated and (c) INITIAL MEETING.—The Chairperson of following: ‘‘or any later date that the mort- ends upon the completion of the entire pe- the Commission shall call the initial meet- gagor fulfills all of the requirements under riod over which the mortgage is scheduled to ing of the Commission. Such meeting shall paragraphs (1) through (4)’’; be amortized.’’. be held within 30 days after the Chairperson (B) in paragraph (2), by striking ‘‘and’’ at (c) ORIGINAL VALUE.—Section 2(12) of the of the Commission determines that sums suf- the end; Homeowners Protection Act of 1998 (12 U.S.C. ficient for the Commission to carry out its (C) by redesignating paragraph (3) as para- 4901(10)) (as so redesignated by the preceding duties under this Act have been appropriated graph (4); and provisions of this title) is amended— for such purpose. (D) by inserting after paragraph (2) the fol- (1) by inserting ‘‘transaction’’ after ‘‘a res- (d) DUTIES.—The Commission shall analyze lowing new paragraph: idential mortgage’’; and the system of the Bureau of Indian Affairs of ‘‘(3) is current on the payments required by (2) by adding at the end the following new the Department of the Interior for maintain- the terms of the residential mortgage trans- sentence: ‘‘In the case of a residential mort- ing land ownership records and title docu- action; and’’; and gage transaction for refinancing the prin- ments and issuing certified title status re- (2) in subsection (e)(1)(B) (as so redesig- cipal residence of the mortgagor, such term ports relating to Indian trust lands and, pur- nated by the preceding provisions of this means only the appraised value relied upon suant to such analysis, determine how best title), by striking ‘‘subsection (a)(3)’’ and in- by the mortgagee to approve the refinance to improve or replace the system— serting ‘‘subsection (a)(4)’’. transaction.’’. (1) to ensure prompt and accurate re- SEC. 405. CLARIFICATION OF CANCELLATION (d) PRINCIPAL RESIDENCE.—Section 2 of the sponses to requests for title status reports; AND TERMINATION ISSUES AND Homeowners Protection Act of 1998 (12 U.S.C. (2) to eliminate any backlog of requests for LENDER PAID MORTGAGE INSUR- 4901) is amended— title status reports; and ANCE DISCLOSURE REQUIREMENTS. (1) in paragraph (14) (as so redesignated by (3) to ensure that the administration of the (a) GOOD PAYMENT HISTORY.—Section 2(4) the preceding provisions of this title) by system will not in any way impair or restrict of the Homeowners Protection Act of 1998 (12 striking ‘‘primary’’ and inserting ‘‘prin- the ability of Native Americans to obtain U.S.C. 4901(4)) is amended— cipal’’; and conventional loans for purchase of residences (1) in subparagraph (A)— (2) in paragraph (15) (as so redesignated by located on Indian trust lands, including any (A) by inserting ‘‘the later of (i)’’ before the preceding provisions of this title) by actions necessary to ensure that the system ‘‘the date’’; and striking ‘‘primary’’ and inserting ‘‘prin- will promptly be able to meet future de- (B) by inserting ‘‘, or (ii) the date that the cipal’’. mands for certified title status reports, tak- mortgagor submits a request for cancellation ing into account the anticipated complexity TITLE V—NATIVE AMERICAN under section 3(a)(1)’’ before the semicolon; and volume of such requests. HOMEOWNERSHIP and (e) REPORT.—Not later than the date of the (2) in subparagraph (B)— Subtitle A—Native American Housing termination of the Commission under sub- (A) by inserting ‘‘the later of (i)’’ before SEC. 501. LANDS TITLE REPORT COMMISSION. section (h), the Commission shall submit a ‘‘the date’’; and (a) ESTABLISHMENT.—Subject to sums being report to the Committee on Banking and Fi- (B) by inserting ‘‘, or (ii) the date that the provided in advance in appropriations Acts, nancial Services of the House of Representa- mortgagor submits a request for cancellation there is established a Commission to be tives and the Committee on Banking, Hous- under section 3(a)(1)’’ before the period at known as the Lands Title Report Commis- ing, and Urban Affairs of the Senate describ- the end. sion (hereafter in this section referred to as ing the analysis and determinations made (b) AUTOMATIC TERMINATION.—Paragraph the ‘‘Commission’’) to facilitate home loan pursuant to subsection (d). (2) of section 3(b) of the Homeowners Protec- mortgages on Indian trust lands. The Com- (f) POWERS.—

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(1) HEARINGS AND SESSIONS.—The Commis- (2) LOCAL COOPERATION AGREEMENT.—Sec- ‘‘(b) ADDITIONAL REVIEWS AND AUDITS.— sion may, for the purpose of carrying out tion 101(c) of the Native American Housing ‘‘(1) IN GENERAL.—In addition to any audit this section, hold hearings, sit and act at Assistance and Self-Determination Act of or review under subsection (a), to the extent times and places, take testimony, and re- 1996 (25 U.S.C. 4111(c)) is amended by adding the Secretary determines such action to be ceive evidence as the Commission considers at the end the following: ‘‘The Secretary appropriate, the Secretary may conduct an appropriate. may waive the requirements of this sub- audit or review of a recipient in order to— (2) STAFF OF FEDERAL AGENCIES.—Upon re- section and subsection (d) if the recipient ‘‘(A) determine whether the recipient— quest of the Commission, the head of any has made a good faith effort to fulfill the re- ‘‘(i) has carried out— Federal department or agency may detail, on quirements of this subsection and subsection ‘‘(I) eligible activities in a timely manner; a reimbursable basis, any of the personnel of (d) and agrees to make payments in lieu of and that department or agency to the Commis- taxes to the appropriate taxing authority in ‘‘(II) eligible activities and certification in sion to assist it in carrying out its duties an amount consistent with the requirements accordance with this Act and other applica- under this section. of subsection (d)(2) until such time as the ble law; (3) OBTAINING OFFICIAL DATA.—The Com- matter of making such payments has been ‘‘(ii) has a continuing capacity to carry out mission may secure directly from any de- resolved in accordance with subsection (d).’’. eligible activities in a timely manner; and partment or agency of the United States in- (b) ASSISTANCE TO FAMILIES THAT ARE NOT ‘‘(iii) is in compliance with the Indian formation necessary to enable it to carry out LOW-INCOME.—Section 102(c) of the Native housing plan of the recipient; and this section. Upon request of the Chairperson American Housing Assistance and Self-De- ‘‘(B) verify the accuracy of information of the Commission, the head of that depart- termination Act of 1996 (25 U.S.C. 4112(c)) is contained in any performance report sub- ment or agency shall furnish that informa- amended by adding at the end the following: mitted by the recipient under section 404. tion to the Commission. ‘‘(6) CERTAIN FAMILIES.—With respect to as- ‘‘(2) ON-SITE VISITS.—To the extent prac- (4) MAILS.—The Commission may use the sistance provided under section 201(b)(2) by a ticable, the reviews and audits conducted United States mails in the same manner and recipient to Indian families that are not low- under this subsection shall include on-site under the same conditions as other depart- income families, evidence that there is a visits by the appropriate official of the De- ments and agencies of the United States. need for housing for each such family during partment of Housing and Urban Develop- (5) ADMINISTRATIVE SUPPORT SERVICES.— that period that cannot reasonably be met ment. Upon the request of the Commission, the Ad- without such assistance.’’. ‘‘(c) REVIEW OF REPORTS.— ministrator of General Services shall provide (c) ELIMINATION OF WAIVER AUTHORITY FOR ‘‘(1) IN GENERAL.—The Secretary shall pro- to the Commission, on a reimbursable basis, SMALL TRIBES.—Section 102 of the Native vide each recipient that is the subject of a the administrative support services nec- American Housing Assistance and Self-De- report made by the Secretary under this sec- essary for the Commission to carry out its termination Act of 1996 (25 U.S.C. 4112) is tion notice that the recipient may review duties under this section. amended— and comment on the report during a period (1) by striking subsection (f); and (6) STAFF.—The Commission may appoint of not less than 30 days after the date on personnel as it considers appropriate, subject (2) by redesignating subsection (g) as sub- which notice is issued under this paragraph. section (f). to the provisions of title 5, United States ‘‘(2) PUBLIC AVAILABILITY.—After taking (d) ENVIRONMENTAL COMPLIANCE.—Section Code, governing appointments in the com- into consideration any comments of the re- 105 of the Native American Housing Assist- petitive service, and shall pay such personnel cipient under paragraph (1), the Secretary— ance and Self-Determination Act of 1996 (25 in accordance with the provisions of chapter ‘‘(A) may revise the report; and U.S.C. 4115) is amended by adding at the end 51 and subchapter III of chapter 53 of that the following: ‘‘(B) not later than 30 days after the date title relating to classification and General ‘‘(d) ENVIRONMENTAL COMPLIANCE.—The on which those comments are received, shall Schedule pay rates. Secretary may waive the requirements under make the comments and the report (with (g) AUTHORIZATION OF APPROPRIATIONS.— this section if the Secretary determines that any revisions made under subparagraph (A)) There is authorized to be appropriated to a failure on the part of a recipient to comply readily available to the public. carry out this section such sums as may be with provisions of this section— ‘‘(d) EFFECT OF REVIEWS.—Subject to sec- necessary, and any amounts appropriated ‘‘(1) will not frustrate the goals of the Na- tion 401(a), after reviewing the reports and pursuant to this subsection shall remain tional Environmental Policy Act of 1969 (42 audits relating to a recipient that are sub- available until expended. U.S.C. 4331 et seq.) or any other provision of mitted to the Secretary under this section, (h) TERMINATION.—The Commission shall law that furthers the goals of that Act; the Secretary may adjust the amount of a terminate 1 year after the date of the initial ‘‘(2) does not threaten the health or safety grant made to a recipient under this Act in meeting of the Commission. of the community involved by posing an im- accordance with the findings of the Sec- SEC. 502. LOAN GUARANTEES. mediate or long-term hazard to residents of retary with respect to those reports and au- Section 184(i) of the Housing and Commu- that community; dits.’’. nity Development Act of 1992 (12 U.S.C. ‘‘(3) is a result of inadvertent error, includ- (f) ALLOCATION FORMULA.—Section 302(d)(1) 1715z–13a(i)) is amended— ing an incorrect or incomplete certification of the Native American Housing Assistance (1) in paragraph (5), by striking subpara- provided under subsection (c)(1); and and Self-Determination Act of 1996 (25 U.S.C. graph (C) and inserting the following new ‘‘(4) may be corrected through the sole ac- 4152(d)(1)) is amended— subparagraph: tion of the recipient.’’. (1) by striking ‘‘The formula,’’ and insert- ‘‘(C) LIMITATION ON OUTSTANDING AGGRE- (e) OVERSIGHT.— ing the following: GATE PRINCIPAL AMOUNT.—Subject to the lim- (1) REPAYMENT.—Section 209 of the Native ‘‘(A) IN GENERAL.—Except with respect to itations in subparagraphs (A) and (B), the American Housing Assistance and Self-De- an Indian tribe described in subparagraph Secretary may enter into commitments to termination Act of 1996 (25 U.S.C. 4139) is (B), the formula’’; and guarantee loans under this section in each amended to read as follows: (2) by adding at the end the following: fiscal year with an aggregate outstanding ‘‘SEC. 209. NONCOMPLIANCE WITH AFFORDABLE ‘‘(B) CERTAIN INDIAN TRIBES.—With respect principal amount not exceeding such amount HOUSING REQUIREMENT. to fiscal year 2001 and each fiscal year there- as may be provided in appropriation Acts for ‘‘If a recipient uses grant amounts to pro- after, for any Indian tribe with an Indian such fiscal year.’’; and vide affordable housing under this title, and housing authority that owns or operates (2) in paragraph (7), by striking ‘‘each of at any time during the useful life of the fewer than 250 public housing units, the for- fiscal years 1997, 1998, 1999, 2000, and 2001’’ housing the recipient does not comply with mula shall provide that if the amount pro- and inserting ‘‘each fiscal year’’. the requirement under section 205(a)(2), the vided for a fiscal year in which the total SEC. 503. NATIVE AMERICAN HOUSING ASSIST- Secretary shall take appropriate action amount made available for assistance under ANCE. under section 401(a).’’. this Act is equal to or greater than the (a) RESTRICTION ON WAIVER AUTHORITY.— (2) AUDITS AND REVIEWS.—Section 405 of the amount made available for fiscal year 1996 (1) IN GENERAL.—Section 101(b)(2) of the Native American Housing Assistance and for assistance for the operation and mod- Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. ernization of the public housing referred to Self-Determination Act of 1996 (25 U.S.C. 4165) is amended to read as follows: in subparagraph (A), then the amount pro- 4111(b)(2)) is amended by striking ‘‘if the Sec- ‘‘SEC. 405. REVIEW AND AUDIT BY SECRETARY. vided to that Indian tribe as modernization retary’’ and all that follows through the pe- ‘‘(a) REQUIREMENTS UNDER CHAPTER 75 OF assistance shall be equal to the average an- riod at the end and inserting the following: TITLE 31, UNITED STATES CODE.—An entity nual amount of funds provided to the Indian ‘‘for a period of not more than 90 days, if the designated by an Indian tribe as a housing tribe (other than funds provided as emer- Secretary determines that an Indian tribe entity shall be treated, for purposes of chap- gency assistance) under the assistance pro- has not complied with, or is unable to com- ter 75 of title 31, United States Code, as a gram under section 14 of the United States ply with, those requirements due to exigent non-Federal entity that is subject to the Housing Act of 1937 (42 U.S.C. 1437l) for the circumstances beyond the control of the In- audit requirements that apply to non-Fed- period beginning with fiscal year 1992 and dian tribe.’’. eral entities under that chapter. ending with fiscal year 1997.’’.

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(g) HEARING REQUIREMENT.—Section 401(a) ‘‘(A) has made a good faith effort to meet 108 et seq.), the United States set aside of the Native American Housing Assistance the compliance objectives specified in the 200,000 acres of land in the Federal territory and Self-Determination Act of 1996 (25 U.S.C. agreement, the Secretary may enter into an that later became the State of Hawaii in 4161(a)) is amended— additional performance agreement for the order to establish a homeland for the native (1) by redesignating paragraphs (1) through period specified in paragraph (2); and people of Hawaii—Native Hawaiians; (4) as subparagraphs (A) through (D), respec- ‘‘(B) has failed to make a good faith effort (4) despite the intent of Congress in 1920 to tively, and realigning such subparagraphs (as to meet applicable compliance objectives, address the housing needs of Native Hawai- so redesignated) so as to be indented 4 ems the Secretary shall determine the recipient ians through the enactment of the Hawaiian from the left margin; to have failed to comply substantially with Homes Commission Act, 1920 (42 Stat. 108 et (2) by striking ‘‘Except as provided’’ and this Act, and the recipient shall be subject to seq.), Native Hawaiians eligible to reside on inserting the following: an action under subsection (a).’’. the Hawaiian home lands have been fore- ‘‘(1) IN GENERAL.—Except as provided’’; (i) LABOR STANDARDS.—Section 104(b) of closed from participating in Federal housing (3) by striking ‘‘If the Secretary takes an the Native American Housing Assistance and assistance programs available to all other el- action under paragraph (1), (2), or (3)’’ and Self-Determination Act of 1996 (25 U.S.C. igible families in the United States; inserting the following: 4114(b) is amended— (5) although Federal housing assistance ‘‘(2) CONTINUANCE OF ACTIONS.—If the Sec- (1) in paragraph (1), by striking ‘‘Davis- programs have been administered on a ra- retary takes an action under subparagraph Bacon Act (40 U.S.C. 276a–276a–5)’’ and insert- cially neutral basis in the State of Hawaii, (A), (B), or (C) of paragraph (1)’’; and ing ‘‘Act of March 3, 1931 (commonly known Native Hawaiians continue to have the (4) by adding at the end the following: as the Davis-Bacon Act; chapter 411; 46 Stat. greatest unmet need for housing and the ‘‘(3) EXCEPTION FOR CERTAIN ACTIONS.— 1494; 40 U.S.C 276a et seq.)’’; and highest rates of overcrowding in the United ‘‘(A) IN GENERAL.—Notwithstanding any (2) by adding at the end the following new States; other provision of this subsection, if the Sec- paragraph: (6) among the Native American population retary makes a determination that the fail- ‘‘(3) APPLICATION OF TRIBAL LAWS.—Para- of the United States, Native Hawaiians expe- ure of a recipient of assistance under this graph (1) shall not apply to any contract or rience the highest percentage of housing Act to comply substantially with any mate- agreement for assistance, sale, or lease pur- problems in the United States, as the per- rial provision (as that term is defined by the suant to this Act, if such contract or agree- centage— Secretary) of this Act is resulting, and would ment is otherwise covered by one or more (A) of housing problems in the Native Ha- continue to result, in a continuing expendi- laws or regulations adopted by an Indian waiian population is 49 percent, as compared ture of Federal funds in a manner that is not tribe that requires the payment of not less to— authorized by law, the Secretary may take than prevailing wages, as determined by the (i) 44 percent for American Indian and an action described in paragraph (1)(C) be- Indian tribe.’’. Alaska Native households in Indian country; fore conducting a hearing. (j) TECHNICAL AND CONFORMING AMEND- and ‘‘(B) PROCEDURAL REQUIREMENT.—If the MENTS.— (ii) 27 percent for all other households in Secretary takes an action described in sub- (1) TABLE OF CONTENTS.—Section 1(b) of the the United States; and paragraph (A), the Secretary shall— Native American Housing Assistance and (B) overcrowding in the Native Hawaiian ‘‘(i) provide notice to the recipient at the Self-Determination Act of 1996 (25 U.S.C. 4101 population is 36 percent as compared to 3 time that the Secretary takes that action; note) is amended in the table of contents— percent for all other households in the and (A) by striking the item relating to section United States; ‘‘(ii) conduct a hearing not later than 60 206; and (7) among the Native Hawaiian population, days after the date on which the Secretary (B) by striking the item relating to section the needs of Native Hawaiians, as that term provides notice under clause (i). 209 and inserting the following: is defined in section 801 of the Native Amer- ‘‘(C) DETERMINATION.—Upon completion of a hearing under this paragraph, the Sec- ‘‘209. Noncompliance with affordable housing ican Housing Assistance and Self-Determina- retary shall make a determination regarding requirement.’’. tion Act of 1996 (as added by this subtitle), eligible to reside on the Hawaiian Home whether to continue taking the action that (2) CERTIFICATION OF COMPLIANCE WITH SUB- Lands are the most severe, as— is the subject of the hearing, or take another SIDY LAYERING REQUIREMENTS.—Section 206 of action under this subsection.’’. the Native American Housing Assistance and (A) the percentage of overcrowding in Na- (h) PERFORMANCE AGREEMENT TIME Self-Determination Act of 1996 (25 U.S.C. tive Hawaiian households on the Hawaiian LIMIT.—Section 401(b) of the Native Amer- 4136) is repealed. Home Lands is 36 percent; and ican Housing Assistance and Self-Determina- (3) TERMINATIONS.—Section 502(a) of the (B) approximately 13,000 Native Hawaiians, tion Act of 1996 (25 U.S.C. 4161(b)) is amend- Native American Housing Assistance and which constitute 95 percent of the Native Ha- ed— Self-Determination Act of 1996 (25 U.S.C. waiians who are eligible to reside on the Ha- (1) by striking ‘‘If the Secretary’’ and in- 4181(a)) is amended by adding at the end the waiian Home Lands, are in need of housing; serting the following: following: ‘‘Any housing that is the subject (8) applying the Department of Housing ‘‘(1) IN GENERAL.—If the Secretary’’; of a contract for tenant-based assistance be- and Urban Development guidelines— (2) by striking ‘‘(1) is not’’ and inserting tween the Secretary and an Indian housing (A) 70.8 percent of Native Hawaiians who the following: authority that is terminated under this sec- either reside or who are eligible to reside on ‘‘(A) is not’’; tion shall, for the following fiscal year and the Hawaiian Home Lands have incomes that (3) by striking ‘‘(2) is a result’’ and insert- each fiscal year thereafter, be considered to fall below the median family income; and ing the following: be a dwelling unit under section 302(b)(1).’’. (B) 50 percent of Native Hawaiians who ei- ‘‘(B) is a result’’; ther reside or who are eligible to reside on Subtitle B—Native Hawaiian Housing (4) in the flush material following para- the Hawaiian Home Lands have incomes graph (1)(B), as redesignated by paragraph (3) SEC. 511. SHORT TITLE. below 30 percent of the median family in- of this subsection— This subtitle may be cited as the ‘‘Hawai- come; (A) by realigning such material so as to be ian Homelands Homeownership Act of 2000’’. (9) 1⁄3 of those Native Hawaiians who are el- indented 2 ems from the left margin; and SEC. 512. FINDINGS. igible to reside on the Hawaiian Home Lands (B) by inserting before the period at the The Congress finds that— pay more than 30 percent of their income for end the following: ‘‘, if the recipient enters (1) the United States has undertaken a re- shelter, and 1⁄2 of those Native Hawaiians into a performance agreement with the Sec- sponsibility to promote the general welfare face overcrowding; retary that specifies the compliance objec- of the United States by— (10) the extraordinarily severe housing tives that the recipient will be required to (A) employing its resources to remedy the needs of Native Hawaiians demonstrate that achieve by the termination date of the per- unsafe and unsanitary housing conditions Native Hawaiians who either reside on, or formance agreement’’; and and the acute shortage of decent, safe, and are eligible to reside on, Hawaiian Home (5) by adding at the end the following: sanitary dwellings for families of lower in- Lands have been denied equal access to Fed- ‘‘(2) PERFORMANCE AGREEMENT.—The period come; and eral low-income housing assistance programs of a performance agreement described in (B) developing effective partnerships with available to other qualified residents of the paragraph (1) shall be for 1 year. governmental and private entities to accom- United States, and that a more effective ‘‘(3) REVIEW.—Upon the termination of a plish the objectives referred to in subpara- means of addressing their housing needs performance agreement entered into under graph (A); must be authorized; paragraph (1), the Secretary shall review the (2) the United States has a special respon- (11) consistent with the recommendations performance of the recipient that is a party sibility for the welfare of the Native peoples of the National Commission on American In- to the agreement. of the United States, including Native Ha- dian, Alaska Native, and Native Hawaiian ‘‘(4) EFFECT OF REVIEW.—If, on the basis of waiians; Housing, and in order to address the con- a review under paragraph (3), the Secretary (3) pursuant to the provisions of the Ha- tinuing prevalence of extraordinarily severe determines that the recipient— waiian Homes Commission Act, 1920 (42 Stat. housing needs among Native Hawaiians who

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.000 H05DE0 26208 CONGRESSIONAL RECORD—HOUSE December 5, 2000 either reside or are eligible to reside on the (B) the enactment of the Act entitled ‘‘An ‘‘(ii) one or more persons described in Hawaiian Home Lands, Congress finds it nec- Act to provide for the admission of the State clause (i) living with one or more persons de- essary to extend the Federal low-income of Hawaii into the Union’’, approved March termined under the housing plan to be essen- housing assistance available to American In- 18, 1959 (73 Stat. 4)— tial to their care or well-being. dians and Alaska Natives under the Native (i) by ceding to the State of Hawaii title to ‘‘(4) HAWAIIAN HOME LANDS.—The term ‘Ha- American Housing Assistance and Self-De- the public lands formerly held by the United waiian Home Lands’ means lands that— termination Act of 1996 (25 U.S.C. 4101 et States, and mandating that those lands be ‘‘(A) have the status as Hawaiian home seq.) to those Native Hawaiians; held in public trust, for the betterment of lands under section 204 of the Hawaiian (12) under the treatymaking power of the the conditions of Native Hawaiians, as that Homes Commission Act, 1920(42 Stat. 110); or United States, Congress had the constitu- term is defined in section 201 of the Hawaiian ‘‘(B) are acquired pursuant to that Act. tional authority to confirm a treaty between Homes Commission Act, 1920 (42 Stat. 108 et ‘‘(5) HOUSING AREA.—The term ‘housing the United States and the government that seq.); and area’ means an area of Hawaiian Home represented the Hawaiian people, and from (ii) by transferring the United States re- Lands with respect to which the Department 1826 until 1893, the United States recognized sponsibility for the administration of Hawai- of Hawaiian Home Lands is authorized to the independence of the Kingdom of Hawaii, ian Home Lands to the State of Hawaii, but provide assistance for affordable housing extended full diplomatic recognition to the retaining the authority to enforce the trust, under this Act. Hawaiian Government, and entered into including the exclusive right of the United ‘‘(6) HOUSING ENTITY.—The term ‘housing treaties and conventions with the Hawaiian States to consent to any actions affecting entity’ means the Department of Hawaiian monarchs to govern commerce and naviga- the lands which comprise the corpus of the Home Lands. tion in 1826, 1842, 1849, 1875, and 1887; trust and any amendments to the Hawaiian ‘‘(7) HOUSING PLAN.—The term ‘housing (13) the United States has recognized and Homes Commission Act, 1920 (42 Stat. 108 et plan’ means a plan developed by the Depart- reaffirmed that— seq.), enacted by the legislature of the State ment of Hawaiian Home Lands. (A) Native Hawaiians have a cultural, his- of Hawaii affecting the rights of bene- ‘‘(8) MEDIAN INCOME.—The term ‘median in- toric, and land-based link to the indigenous ficiaries under the Act; come’ means, with respect to an area that is people who exercised sovereignty over the (C) the authorization of mortgage loans in- a Hawaiian housing area, the greater of— Hawaiian Islands, and that group has never sured by the Federal Housing Administra- ‘‘(A) the median income for the Hawaiian relinquished its claims to sovereignty or its tion for the purchase, construction, or refi- housing area, which shall be determined by sovereign lands; nancing of homes on Hawaiian Home Lands the Secretary; or (B) Congress does not extend services to under the National Housing Act (Public Law ‘‘(B) the median income for the State of Native Hawaiians because of their race, but 479; 73d Congress; 12 U.S.C. 1701 et seq.); Hawaii. because of their unique status as the indige- (D) authorizing Native Hawaiian represen- ‘‘(9) NATIVE HAWAIIAN.—The term ‘Native nous people of a once sovereign nation as to tation on the National Commission on Amer- Hawaiian’ means any individual who is— whom the United States has established a ican Indian, Alaska Native, and Native Ha- ‘‘(A) a citizen of the United States; and trust relationship; waiian Housing under Public Law 101–235; ‘‘(B) a descendant of the aboriginal people, (C) Congress has also delegated broad au- (E) the inclusion of Native Hawaiians in who, prior to 1778, occupied and exercised thority to administer a portion of the Fed- the definition under section 3764 of title 38, sovereignty in the area that currently con- eral trust responsibility to the State of Ha- United States Code, applicable to subchapter stitutes the State of Hawaii, as evidenced waii; V of chapter 37 of title 38, United States by— (D) the political status of Native Hawai- Code (relating to a housing loan program for ‘‘(i) genealogical records; ians is comparable to that of American Indi- Native American veterans); and ‘‘(ii) verification by kupuna (elders) or ans and Alaska Natives; and (F) the enactment of the Hawaiian Home kama’aina (long-term community residents); (E) the aboriginal, indigenous people of the Lands Recovery Act (109 Stat. 357; 48 U.S.C. or United States have— 491, note prec.) which establishes a process ‘‘(iii) birth records of the State of Hawaii. (i) a continuing right to autonomy in their for the conveyance of Federal lands to the ‘‘SEC. 802. BLOCK GRANTS FOR AFFORDABLE internal affairs; and Department of Hawaiian Homes Lands that HOUSING ACTIVITIES. (ii) an ongoing right of self-determination are equivalent in value to lands acquired by ‘‘(a) GRANT AUTHORITY.—For each fiscal and self-governance that has never been ex- the United States from the Hawaiian Home year, the Secretary shall (to the extent tinguished; Lands inventory. amounts are made available to carry out this (14) the political relationship between the SEC. 513. HOUSING ASSISTANCE. title) make a grant under this title to the United States and the Native Hawaiian peo- The Native American Housing Assistance Department of Hawaiian Home Lands to ple has been recognized and reaffirmed by and Self-Determination Act of 1996 (25 U.S.C. carry out affordable housing activities for the United States as evidenced by the inclu- 4101 et seq.) is amended by adding at the end Native Hawaiian families who are eligible to sion of Native Hawaiians in— the following: reside on the Hawaiian Home Lands. (A) the Native American Programs Act of 1974 (42 U.S.C. 2291 et seq.); ‘‘TITLE VIII—HOUSING ASSISTANCE FOR ‘‘(b) PLAN REQUIREMENT.— (B) the American Indian Religious Free- NATIVE HAWAIIANS ‘‘(1) IN GENERAL.—The Secretary may make dom Act (42 U.S.C. 1996 et seq.); ‘‘SEC. 801. DEFINITIONS. a grant under this title to the Department of (C) the National Museum of the American ‘‘In this title: Hawaiian Home Lands for a fiscal year only Indian Act (20 U.S.C. 80q et seq.); ‘‘(1) DEPARTMENT OF HAWAIIAN HOME LANDS; if— (D) the Native American Graves Protection DEPARTMENT.—The term ‘Department of Ha- ‘‘(A) the Director has submitted to the and Repatriation Act (25 U.S.C. 3001 et seq.); waiian Home Lands’ or ‘Department’ means Secretary a housing plan for that fiscal year; (E) the National Historic Preservation Act the agency or department of the government and (16 U.S.C. 470 et seq.); of the State of Hawaii that is responsible for ‘‘(B) the Secretary has determined under (F) the Native American Languages Act of the administration of the Hawaiian Homes section 804 that the housing plan complies 1992 (106 Stat. 3434); Commission Act, 1920 (42 Stat. 108 et seq.). with the requirements of section 803. (G) the American Indian, Alaska Native ‘‘(2) DIRECTOR.—The term ‘Director’ means ‘‘(2) WAIVER.—The Secretary may waive and Native Hawaiian Culture and Arts Devel- the Director of the Department of Hawaiian the applicability of the requirements under opment Act (20 U.S.C. 4401 et seq.); Home Lands. paragraph (1), in part, if the Secretary finds (H) the Job Training Partnership Act (29 ‘‘(3) ELDERLY FAMILIES; NEAR-ELDERLY FAM- that the Department of Hawaiian Home U.S.C. 1501 et seq.); and ILIES.— Lands has not complied or cannot comply (I) the Older Americans Act of 1965 (42 ‘‘(A) IN GENERAL.—The term ‘elderly fam- with those requirements due to cir- U.S.C. 3001 et seq.); and ily’ or ‘near-elderly family’ means a family cumstances beyond the control of the De- (15) in the area of housing, the United whose head (or his or her spouse), or whose partment of Hawaiian Home Lands. States has recognized and reaffirmed the po- sole member, is— ‘‘(c) USE OF AFFORDABLE HOUSING ACTIVI- litical relationship with the Native Hawaiian ‘‘(i) for an elderly family, an elderly per- TIES UNDER PLAN.—Except as provided in people through— son; or subsection (e), amounts provided under a (A) the enactment of the Hawaiian Homes ‘‘(ii) for a near-elderly family, a near-elder- grant under this section may be used only Commission Act, 1920 (42 Stat. 108 et seq.), ly person. for affordable housing activities under this which set aside approximately 200,000 acres ‘‘(B) CERTAIN FAMILIES INCLUDED.—The title that are consistent with a housing plan of public lands that became known as Hawai- term ‘elderly family’ or ‘near-elderly family’ approved under section 804. ian Home Lands in the Territory of Hawaii includes— ‘‘(d) ADMINISTRATIVE EXPENSES.— that had been ceded to the United States for ‘‘(i) two or more elderly persons or near-el- ‘‘(1) IN GENERAL.—The Secretary shall, by homesteading by Native Hawaiians in order derly persons, as the case may be, living to- regulation, authorize the Department of Ha- to rehabilitate a landless and dying people; gether; and waiian Home Lands to use a percentage of

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.000 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26209 any grant amounts received under this title Home Lands, in a form prescribed by the ‘‘(III) any other information required by for any reasonable administrative and plan- Secretary, that includes— the Secretary with respect to that demoli- ning expenses of the Department relating to ‘‘(i) an identification and a description of tion or disposition; carrying out this title and activities assisted the financial resources reasonably available ‘‘(ix) a description of the manner in which with those amounts. to the Department to carry out the purposes the Department of Hawaiian Home Lands ‘‘(2) ADMINISTRATIVE AND PLANNING EX- of this title, including an explanation of the will coordinate with welfare agencies in the PENSES.—The administrative and planning manner in which amounts made available State of Hawaii to ensure that residents of expenses referred to in paragraph (1) in- will be used to leverage additional resources; the affordable housing will be provided with clude— and access to resources to assist in obtaining em- ‘‘(A) costs for salaries of individuals en- ‘‘(ii) the uses to which the resources de- ployment and achieving self-sufficiency; gaged in administering and managing afford- scribed in clause (i) will be committed, in- ‘‘(x) a description of the requirements es- able housing activities assisted with grant cluding— tablished by the Department of Hawaiian amounts provided under this title; and ‘‘(I) eligible and required affordable hous- Home Lands to— ‘‘(B) expenses incurred in preparing a hous- ing activities; and ‘‘(I) promote the safety of residents of the ing plan under section 803. ‘‘(II) administrative expenses. affordable housing; ‘‘(e) PUBLIC-PRIVATE PARTNERSHIPS.—The ‘‘(D) AFFORDABLE HOUSING RESOURCES.—A ‘‘(II) facilitate the undertaking of crime Director shall make all reasonable efforts, statement of the affordable housing re- prevention measures; consistent with the purposes of this title, to sources currently available at the time of ‘‘(III) allow resident input and involve- maximize participation by the private sec- the submittal of the plan and to be made ment, including the establishment of resi- tor, including nonprofit organizations and available during the period covered by the dent organizations; and for-profit entities, in implementing a hous- plan, including— ‘‘(IV) allow for the coordination of crime ing plan that has been approved by the Sec- ‘‘(i) a description of the significant charac- prevention activities between the Depart- retary under section 803. teristics of the housing market in the State ment and local law enforcement officials; ‘‘SEC. 803. HOUSING PLAN. of Hawaii, including the availability of hous- and ‘‘(a) PLAN SUBMISSION.—The Secretary ing from other public sources, private mar- ‘‘(xi) a description of the entities that will shall— ket housing; carry out the activities under the plan, in- ‘‘(1) require the Director to submit a hous- ‘‘(ii) the manner in which the characteris- cluding the organizational capacity and key ing plan under this section for each fiscal tics referred to in clause (i) influence the de- personnel of the entities. year; and cision of the Department of Hawaiian Home ‘‘(E) CERTIFICATION OF COMPLIANCE.—Evi- ‘‘(2) provide for the review of each plan Lands to use grant amounts to be provided dence of compliance that shall include, as submitted under paragraph (1). under this title for— appropriate— ‘‘(b) FIVE-YEAR PLAN.—Each housing plan ‘‘(i) a certification that the Department of under this section shall— ‘‘(I) rental assistance; ‘‘(II) the production of new units; Hawaiian Home Lands will comply with— ‘‘(1) be in a form prescribed by the Sec- ‘‘(I) title VI of the Civil Rights Act of 1964 retary; and ‘‘(III) the acquisition of existing units; or ‘‘(IV) the rehabilitation of units; (42 U.S.C. 2000d et seq.) or with the Fair ‘‘(2) contain, with respect to the 5-year pe- Housing Act (42 U.S.C. 3601 et seq.) in car- ‘‘(iii) a description of the structure, coordi- riod beginning with the fiscal year for which rying out this title, to the extent that such nation, and means of cooperation between the plan is submitted, the following informa- title is applicable; and the Department of Hawaiian Home Lands tion: ‘‘(II) other applicable Federal statutes; and any other governmental entities in the ‘‘(A) MISSION STATEMENT.—A general state- ‘‘(ii) a certification that the Department development, submission, or implementation ment of the mission of the Department of will require adequate insurance coverage for of housing plans, including a description of— Hawaiian Home Lands to serve the needs of housing units that are owned and operated or ‘‘(I) the involvement of private, public, and the low-income families to be served by the assisted with grant amounts provided under nonprofit organizations and institutions; Department. this title, in compliance with such require- ‘‘(II) the use of loan guarantees under sec- ‘‘(B) GOAL AND OBJECTIVES.—A statement ments as may be established by the Sec- of the goals and objectives of the Depart- tion 184A of the Housing and Community De- retary; ment of Hawaiian Home Lands to enable the velopment Act of 1992; and ‘‘(iii) a certification that policies are in ef- Department to serve the needs identified in ‘‘(III) other housing assistance provided by fect and are available for review by the Sec- subparagraph (A) during the period. the United States, including loans, grants, retary and the public governing the eligi- ‘‘(C) ACTIVITIES PLANS.—An overview of the and mortgage insurance; bility, admission, and occupancy of families activities planned during the period includ- ‘‘(iv) a description of the manner in which for housing assisted with grant amounts pro- ing an analysis of the manner in which the the plan will address the needs identified vided under this title; activities will enable the Department to pursuant to subparagraph (C); ‘‘(iv) a certification that policies are in ef- meet its mission, goals, and objectives. ‘‘(v) a description of— fect and are available for review by the Sec- ‘‘(c) ONE-YEAR PLAN.—A housing plan ‘‘(I) any existing or anticipated home- retary and the public governing rents under this section shall— ownership programs and rental programs to charged, including the methods by which ‘‘(1) be in a form prescribed by the Sec- be carried out during the period covered by such rents or homebuyer payments are de- retary; and the plan; and termined, for housing assisted with grant ‘‘(2) contain the following information re- ‘‘(II) the requirements and assistance amounts provided under this title; and lating to the fiscal year for which the assist- available under the programs referred to in ‘‘(v) a certification that policies are in ef- ance under this title is to be made available: subclause (I); fect and are available for review by the Sec- ‘‘(A) GOALS AND OBJECTIVES.—A statement ‘‘(vi) a description of— retary and the public governing the manage- of the goals and objectives to be accom- ‘‘(I) any existing or anticipated housing re- ment and maintenance of housing assisted plished during the period covered by the habilitation programs necessary to ensure with grant amounts provided under this plan. the long-term viability of the housing to be title. ‘‘(B) STATEMENT OF NEEDS.—A statement of carried out during the period covered by the ‘‘(d) APPLICABILITY OF CIVIL RIGHTS STAT- the housing needs of the low-income families plan; and UTES.— served by the Department and the means by ‘‘(II) the requirements and assistance ‘‘(1) IN GENERAL.—To the extent that the which those needs will be addressed during available under the programs referred to in requirements of title VI of the Civil Rights the period covered by the plan, including— subclause (I); Act of 1964 (42 U.S.C. 2000d et seq.) or of the ‘‘(i) a description of the estimated housing ‘‘(vii) a description of— Fair Housing Act (42 U.S.C. 3601 et seq.) needs and the need for assistance for the low- ‘‘(I) all other existing or anticipated hous- apply to assistance provided under this title, income families to be served by the Depart- ing assistance provided by the Department of nothing in the requirements concerning dis- ment, including a description of the manner Hawaiian Home Lands during the period cov- crimination on the basis of race shall be con- in which the geographical distribution of as- ered by the plan, including— strued to prevent the provision of assistance sistance is consistent with— ‘‘(aa) transitional housing; under this title— ‘‘(I) the geographical needs of those fami- ‘‘(bb) homeless housing; ‘‘(A) to the Department of Hawaiian Home lies; and ‘‘(cc) college housing; and Lands on the basis that the Department ‘‘(II) needs for various categories of hous- ‘‘(dd) supportive services housing; and served Native Hawaiians; or ing assistance; and ‘‘(II) the requirements and assistance ‘‘(B) to an eligible family on the basis that ‘‘(ii) a description of the estimated housing available under such programs; the family is a Native Hawaiian family. needs for all families to be served by the De- ‘‘(viii)(I) a description of any housing to be ‘‘(2) CIVIL RIGHTS.—Program eligibility partment. demolished or disposed of; under this title may be restricted to Native ‘‘(C) FINANCIAL RESOURCES.—An operating ‘‘(II) a timetable for that demolition or Hawaiians. Subject to the preceding sen- budget for the Department of Hawaiian disposition; and tence, no person may be discriminated

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against on the basis of race, color, national for any succeeding fiscal year (with respect ‘‘(1) RELEASE OF FUNDS.— origin, religion, sex, familial status, or dis- to information included for the 5-year period ‘‘(A) IN GENERAL.—The Secretary may ability. under section 803(b) or for the 1-year period carry out the alternative environmental pro- ‘‘(e) USE OF NONPROFIT ORGANIZATIONS.—As under section 803(c)) by submitting only such tection procedures described in subparagraph a condition of receiving grant amounts under information regarding such changes as may (B) in order to ensure— this title, the Department of Hawaiian Home be necessary to update the plan previously ‘‘(i) that the policies of the National Envi- Lands shall, to the extent practicable, pro- submitted. ronmental Policy Act of 1969 (42 U.S.C. 4321 vide for private nonprofit organizations ex- ‘‘(2) COMPLETE PLANS.—The Director shall et seq.) and other provisions of law that fur- perienced in the planning and development submit a complete plan under section 803 not ther the purposes of such Act (as specified in of affordable housing for Native Hawaiians later than 4 years after submitting an initial regulations issued by the Secretary) are to carry out affordable housing activities plan under that section, and not less fre- most effectively implemented in connection with those grant amounts. quently than every 4 years thereafter. with the expenditure of grant amounts pro- ‘‘SEC. 804. REVIEW OF PLANS. ‘‘(e) EFFECTIVE DATE.—This section and vided under this title; and ‘‘(a) REVIEW AND NOTICE.— section 803 shall take effect on the date pro- ‘‘(ii) to the public undiminished protection ‘‘(1) REVIEW.— vided by the Secretary pursuant to section of the environment. ‘‘(A) IN GENERAL.—The Secretary shall con- 807(a) to provide for timely submission and ‘‘(B) ALTERNATIVE ENVIRONMENTAL PROTEC- duct a review of a housing plan submitted to review of the housing plan as necessary for TION PROCEDURE.—In lieu of applying envi- the Secretary under section 803 to ensure the provision of assistance under this title ronmental protection procedures otherwise that the plan complies with the require- for fiscal year 2001. applicable, the Secretary may by regulation ments of that section. ‘‘SEC. 805. TREATMENT OF PROGRAM INCOME provide for the release of funds for specific ‘‘(B) LIMITATION.—The Secretary shall have AND LABOR STANDARDS. projects to the Department of Hawaiian the discretion to review a plan referred to in ‘‘(a) PROGRAM INCOME.— Home Lands if the Director of the Depart- subparagraph (A) only to the extent that the ‘‘(1) AUTHORITY TO RETAIN.—The Depart- ment assumes all of the responsibilities for Secretary considers that the review is nec- ment of Hawaiian Home Lands may retain environmental review, decisionmaking, and essary. any program income that is realized from action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and ‘‘(2) NOTICE.— any grant amounts received by the Depart- such other provisions of law as the regula- ‘‘(A) IN GENERAL.—Not later than 60 days ment under this title if— tions of the Secretary specify, that would after receiving a plan under section 803, the ‘‘(A) that income was realized after the ini- apply to the Secretary were the Secretary to Secretary shall notify the Director of the tial disbursement of the grant amounts re- undertake those projects as Federal projects. Department of Hawaiian Home Lands wheth- ceived by the Department; and ‘‘(2) REGULATIONS.— er the plan complies with the requirements ‘‘(B) the Director agrees to use the pro- ‘‘(A) IN GENERAL.—The Secretary shall under that section. gram income for affordable housing activi- issue regulations to carry out this section ‘‘(B) EFFECT OF FAILURE OF SECRETARY TO ties in accordance with the provisions of this only after consultation with the Council on TAKE ACTION.—For purposes of this title, if title. Environmental Quality. the Secretary does not notify the Director, ‘‘(2) PROHIBITION OF REDUCTION OF GRANT.— The Secretary may not reduce the grant ‘‘(B) CONTENTS.—The regulations issued as required under this subsection and sub- under this paragraph shall— section (b), upon the expiration of the 60-day amount for the Department of Hawaiian Home Lands based solely on— ‘‘(i) provide for the monitoring of the envi- period described in subparagraph (A)— ronmental reviews performed under this sec- ‘‘(i) the plan shall be considered to have ‘‘(A) whether the Department retains pro- gram income under paragraph (1); or tion; been determined to comply with the require- ‘‘(ii) in the discretion of the Secretary, fa- ‘‘(B) the amount of any such program in- ments under section 803; and cilitate training for the performance of such come retained. ‘‘(ii) the Director shall be considered to reviews; and ‘‘(3) EXCLUSION OF AMOUNTS.—The Sec- have been notified of compliance. ‘‘(iii) provide for the suspension or termi- retary may, by regulation, exclude from con- ‘‘(b) NOTICE OF REASONS FOR DETERMINA- nation of the assumption of responsibilities sideration as program income any amounts TION OF NONCOMPLIANCE.—If the Secretary under this section. determined to be so small that compliance determines that a plan submitted under sec- ‘‘(3) EFFECT ON ASSUMED RESPONSIBILITY.— with the requirements of this subsection tion 803 does not comply with the require- The duty of the Secretary under paragraph would create an unreasonable administrative ments of that section, the Secretary shall (2)(B) shall not be construed to limit or re- burden on the Department. specify in the notice under subsection (a)— duce any responsibility assumed by the De- ‘‘(b) LABOR STANDARDS.— ‘‘(1) the reasons for noncompliance; and partment of Hawaiian Home Lands for grant ‘‘(1) IN GENERAL.—Any contract or agree- ‘‘(2) any modifications necessary for the amounts with respect to any specific release ment for assistance, sale, or lease pursuant plan to meet the requirements of section 803. of funds. to this title shall contain— ‘‘(c) REVIEW.— ‘‘(b) PROCEDURE.— ‘‘(1) IN GENERAL.—After the Director of the ‘‘(A) a provision requiring that an amount ‘‘(1) IN GENERAL.—The Secretary shall au- Department of Hawaiian Home Lands sub- not less than the wages prevailing in the lo- thorize the release of funds subject to the mits a housing plan under section 803, or any cality, as determined or adopted (subsequent procedures under this section only if, not amendment or modification to the plan to to a determination under applicable State or less than 15 days before that approval and the Secretary, to the extent that the Sec- local law) by the Secretary, shall be paid to before any commitment of funds to such retary considers such action to be necessary all architects, technical engineers, projects, the Director of the Department of to make a determination under this sub- draftsmen, technicians employed in the de- Hawaiian Home Lands submits to the Sec- section, the Secretary shall review the plan velopment and all maintenance, and laborers retary a request for such release accom- (including any amendments or modifications and mechanics employed in the operation, of panied by a certification that meets the re- thereto) to determine whether the contents the affordable housing project involved; and quirements of subsection (c). of the plan— ‘‘(B) a provision that an amount not less ‘‘(2) EFFECT OF APPROVAL.—The approval of ‘‘(A) set forth the information required by than the wages prevailing in the locality, as the Secretary of a certification described in section 803 to be contained in the housing predetermined by the Secretary of Labor paragraph (1) shall be deemed to satisfy the plan; pursuant to the Act commonly known as the responsibilities of the Secretary under the ‘‘(B) are consistent with information and ‘Davis-Bacon Act’ (46 Stat. 1494; chapter 411; National Environmental Policy Act of 1969 data available to the Secretary; and 40 U.S.C. 276a et seq.) shall be paid to all la- (42 U.S.C. 4321 et seq.) and such other provi- ‘‘(C) are not prohibited by or inconsistent borers and mechanics employed in the devel- sions of law as the regulations of the Sec- with any provision of this Act or any other opment of the affordable housing involved. retary specify to the extent that those re- applicable law. ‘‘(2) EXCEPTIONS.—Paragraph (1) and provi- sponsibilities relate to the releases of funds ‘‘(2) INCOMPLETE PLANS.—If the Secretary sions relating to wages required under para- for projects that are covered by that certifi- determines under this subsection that any of graph (1) in any contract or agreement for cation. the appropriate certifications required under assistance, sale, or lease under this title, ‘‘(c) CERTIFICATION.—A certification under section 803(c)(2)(E) are not included in a shall not apply to any individual who per- the procedures under this section shall— plan, the plan shall be considered to be in- forms the services for which the individual ‘‘(1) be in a form acceptable to the Sec- complete. volunteered and who is not otherwise em- retary; ‘‘(d) UPDATES TO PLAN.— ployed at any time in the construction work ‘‘(2) be executed by the Director of the De- ‘‘(1) IN GENERAL.—Subject to paragraph (2), and received no compensation or is paid ex- partment of Hawaiian Home Lands; after a plan under section 803 has been sub- penses, reasonable benefits, or a nominal fee ‘‘(3) specify that the Department of Hawai- mitted for a fiscal year, the Director of the for those services. ian Home Lands has fully carried out its re- Department of Hawaiian Home Lands may ‘‘SEC. 806. ENVIRONMENTAL REVIEW. sponsibilities as described under subsection comply with the provisions of that section ‘‘(a) IN GENERAL.— (a); and

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.000 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26211 ‘‘(4) specify that the Director— through affordable housing activities as- ‘‘(D) tenant selection; ‘‘(A) consents to assume the status of a re- sisted with grant amounts under this title to ‘‘(E) management of tenant-based rental sponsible Federal official under the National a family that is not composed of Native Ha- assistance; and Environmental Policy Act of 1969 (42 U.S.C. waiians if— ‘‘(F) management of affordable housing 4321 et seq.) and each provision of law speci- ‘‘(i) the Department determines that the projects. fied in regulations issued by the Secretary to presence of the family in the housing in- ‘‘(4) CRIME PREVENTION AND SAFETY ACTIVI- the extent that those laws apply by reason of volved is essential to the well-being of Na- TIES.—The provision of safety, security, and subsection (a); and tive Hawaiian families; and law enforcement measures and activities ap- ‘‘(B) is authorized and consents on behalf ‘‘(ii) the need for housing for the family propriate to protect residents of affordable of the Department of Hawaiian Home Lands cannot be reasonably met without the assist- housing from crime. and the Director to accept the jurisdiction of ance. ‘‘(5) MODEL ACTIVITIES.—Housing activities the Federal courts for the purpose of enforce- ‘‘(D) PREFERENCE.— under model programs that are— ment of the responsibilities of the Director ‘‘(i) IN GENERAL.—A housing plan sub- ‘‘(A) designed to carry out the purposes of of the Department of Hawaiian Home Lands mitted under section 803 may authorize a this title; and as such an official. preference, for housing or housing assistance ‘‘(B) specifically approved by the Secretary ‘‘SEC. 807. REGULATIONS. provided through affordable housing activi- as appropriate for the purpose referred to in ‘‘The Secretary shall issue final regula- ties assisted with grant amounts provided subparagraph (A). tions necessary to carry out this title not under this title to be provided, to the extent ‘‘SEC. 811. PROGRAM REQUIREMENTS. later than October 1, 2001. practicable, to families that are eligible to ‘‘(a) RENTS.— ‘‘SEC. 808. EFFECTIVE DATE. reside on the Hawaiian Home Lands. ‘‘(1) ESTABLISHMENT.—Subject to para- ‘‘Except as otherwise expressly provided in ‘‘(ii) APPLICATION.—In any case in which a graph (2), as a condition to receiving grant this title, this title shall take effect on the housing plan provides for preference de- amounts under this title, the Director shall date of the enactment of the American scribed in clause (i), the Director shall en- develop written policies governing rents and Homeownership and Economic Opportunity sure that housing activities that are assisted homebuyer payments charged for dwelling Act of 2000. with grant amounts under this title are sub- units assisted under this title, including ‘‘SEC. 809. AFFORDABLE HOUSING ACTIVITIES. ject to that preference. methods by which such rents and homebuyer ‘‘(a) NATIONAL OBJECTIVES AND ELIGIBLE ‘‘(E) USE OF NONPROFIT ORGANIZATIONS.—As payments are determined. FAMILIES.— a condition of receiving grant amounts under ‘‘(2) MAXIMUM RENT.—In the case of any ‘‘(1) PRIMARY OBJECTIVE.—The national ob- this title, the Department of Hawaiian Home low-income family residing in a dwelling jectives of this title are— Lands, shall to the extent practicable, pro- unit assisted with grant amounts under this ‘‘(A) to assist and promote affordable hous- vide for private nonprofit organizations ex- title, the monthly rent or homebuyer pay- ing activities to develop, maintain, and oper- perienced in the planning and development ment (as applicable) for that dwelling unit ate affordable housing in safe and healthy of affordable housing for Native Hawaiians may not exceed 30 percent of the monthly environments for occupancy by low-income to carry out affordable housing activities adjusted income of that family. Native Hawaiian families; with those grant amounts. ‘‘(b) MAINTENANCE AND EFFICIENT OPER- ‘‘(B) to ensure better access to private ‘‘SEC. 810. ELIGIBLE AFFORDABLE HOUSING AC- ATION.— mortgage markets and to promote self-suffi- TIVITIES. ‘‘(1) IN GENERAL.—The Director shall, using ciency of low-income Native Hawaiian fami- ‘‘(a) IN GENERAL.—Affordable housing ac- amounts of any grants received under this lies; tivities under this section are activities con- title, reserve and use for operating under ‘‘(C) to coordinate activities to provide ducted in accordance with the requirements section 810 such amounts as may be nec- housing for low-income Native Hawaiian of section 811 to— essary to provide for the continued mainte- families with Federal, State and local activi- ‘‘(1) develop or to support affordable hous- nance and efficient operation of such hous- ties to further economic and community de- ing for rental or homeownership; or ing. velopment; ‘‘(2) provide housing services with respect ‘‘(2) DISPOSAL OF CERTAIN HOUSING.—This ‘‘(D) to plan for and integrate infrastruc- to affordable housing, through the activities subsection may not be construed to prevent ture resources on the Hawaiian Home Lands described in subsection (b). the Director, or any entity funded by the De- with housing development; and ‘‘(b) ACTIVITIES.—The activities described partment, from demolishing or disposing of ‘‘(E) to— in this subsection are the following: housing, pursuant to regulations established ‘‘(i) promote the development of private ‘‘(1) DEVELOPMENT.—The acquisition, new by the Secretary. capital markets; and construction, reconstruction, or moderate or ‘‘(c) INSURANCE COVERAGE.—As a condition ‘‘(ii) allow the markets referred to in substantial rehabilitation of affordable hous- to receiving grant amounts under this title, clause (i) to operate and grow, thereby bene- ing, which may include— the Director shall require adequate insur- fiting Native Hawaiian communities. ‘‘(A) real property acquisition; ance coverage for housing units that are ‘‘(2) ELIGIBLE FAMILIES.— ‘‘(B) site improvement; owned or operated or assisted with grant ‘‘(A) IN GENERAL.—Except as provided ‘‘(C) the development of utilities and util- amounts provided under this title. under subparagraph (B), assistance for eligi- ity services; ‘‘(d) ELIGIBILITY FOR ADMISSION.—As a con- ble housing activities under this title shall ‘‘(D) conversion; dition to receiving grant amounts under this be limited to low-income Native Hawaiian ‘‘(E) demolition; title, the Director shall develop written poli- families. ‘‘(F) financing; cies governing the eligibility, admission, and ‘‘(B) EXCEPTION TO LOW-INCOME REQUIRE- ‘‘(G) administration and planning; and occupancy of families for housing assisted MENT.— ‘‘(H) other related activities. with grant amounts provided under this ‘‘(i) IN GENERAL.—The Director may pro- ‘‘(2) HOUSING SERVICES.—The provision of title. vide assistance for homeownership activities housing-related services for affordable hous- ‘‘(e) MANAGEMENT AND MAINTENANCE.—As a under— ing, including— condition to receiving grant amounts under ‘‘(I) section 810(b); ‘‘(A) housing counseling in connection with this title, the Director shall develop policies ‘‘(II) model activities under section 810(f); rental or homeownership assistance; governing the management and maintenance or ‘‘(B) the establishment and support of resi- of housing assisted with grant amounts ‘‘(III) loan guarantee activities under sec- dent organizations and resident management under this title. tion 184A of the Housing and Community De- corporations; ‘‘SEC. 812. TYPES OF INVESTMENTS. velopment Act of 1992 to Native Hawaiian ‘‘(C) energy auditing; ‘‘(a) IN GENERAL.—Subject to section 811 families who are not low-income families, to ‘‘(D) activities related to the provisions of and an applicable housing plan approved the extent that the Secretary approves the self-sufficiency and other services; and under section 803, the Director shall have— activities under that section to address a ‘‘(E) other services related to assisting ‘‘(1) the discretion to use grant amounts need for housing for those families that can- owners, tenants, contractors, and other enti- for affordable housing activities through the not be reasonably met without that assist- ties participating or seeking to participate use of— ance. in other housing activities assisted pursuant ‘‘(A) equity investments; ‘‘(ii) LIMITATIONS.—The Secretary shall es- to this section. ‘‘(B) interest-bearing loans or advances; tablish limitations on the amount of assist- ‘‘(3) HOUSING MANAGEMENT SERVICES.—The ‘‘(C) noninterest-bearing loans or advances; ance that may be provided under this title provision of management services for afford- ‘‘(D) interest subsidies; for activities for families that are not low- able housing, including— ‘‘(E) the leveraging of private investments; income families. ‘‘(A) the preparation of work specifica- or ‘‘(C) OTHER FAMILIES.—Notwithstanding tions; ‘‘(F) any other form of assistance that the paragraph (1), the Director may provide ‘‘(B) loan processing; Secretary determines to be consistent with housing or housing assistance provided ‘‘(C) inspections; the purposes of this title; and

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.000 H05DE0 26212 CONGRESSIONAL RECORD—HOUSE December 5, 2000 ‘‘(2) the right to establish the terms of as- ble Federal, State, or local law, or for other families eligible to reside on the Hawaiian sistance provided with funds referred to in good cause; and Home Lands; and paragraph (1). ‘‘(6) provide that the Director, owner, or ‘‘(3) any other objectively measurable con- ‘‘(b) INVESTMENTS.—The Director may in- manager may terminate the tenancy of a ditions that the Secretary and the Director vest grant amounts for the purposes of car- resident for any activity, engaged in by the may specify. rying out affordable housing activities in in- resident, any member of the household of the ‘‘(c) OTHER FACTORS FOR CONSIDERATION.— vestment securities and other obligations, as resident, or any guest or other person under In establishing the formula under subsection approved by the Secretary. the control of the resident, that— (a), the Secretary shall consider the relative ‘‘SEC. 813. LOW-INCOME REQUIREMENT AND IN- ‘‘(A) threatens the health or safety of, or administrative capacities of the Department COME TARGETING. right to peaceful enjoyment of the premises of Hawaiian Home Lands and other chal- ‘‘(a) IN GENERAL.—Housing shall qualify for by, other residents or employees of the De- lenges faced by the Department, including— affordable housing for purposes of this title partment, owner, or manager; ‘‘(1) geographic distribution within Hawai- only if— ‘‘(B) threatens the health or safety of, or ian Home Lands; and ‘‘(1) each dwelling unit in the housing— right to peaceful enjoyment of their prem- ‘‘(2) technical capacity. ‘‘(A) in the case of rental housing, is made ises by, persons residing in the immediate vi- ‘‘(d) EFFECTIVE DATE.—This section shall available for occupancy only by a family cinity of the premises; or take effect on the date of the enactment of that is a low-income family at the time of ‘‘(C) is criminal activity (including drug- the American Homeownership and Economic the initial occupancy of that family of that related criminal activity) on or off the prem- Opportunity Act of 2000. unit; and ises. ‘‘SEC. 818. REMEDIES FOR NONCOMPLIANCE. ‘‘(B) in the case of housing for homeowner- ‘‘(b) TENANT OR HOMEBUYER SELECTION.—As ‘‘(a) ACTIONS BY SECRETARY AFFECTING ship, is made available for purchase only by a condition to receiving grant amounts GRANT AMOUNTS.— a family that is a low-income family at the under this title, the Director shall adopt and ‘‘(1) IN GENERAL.—Except as provided in time of purchase; and use written tenant and homebuyer selection subsection (b), if the Secretary finds after ‘‘(2) each dwelling unit in the housing will policies and criteria that— reasonable notice and opportunity for a remain affordable, according to binding com- ‘‘(1) are consistent with the purpose of pro- hearing that the Department of Hawaiian mitments satisfactory to the Secretary, viding housing for low-income families; Home Lands has failed to comply substan- for— ‘‘(2) are reasonably related to program eli- tially with any provision of this title, the ‘‘(A) the remaining useful life of the prop- gibility and the ability of the applicant to Secretary shall— erty (as determined by the Secretary) with- perform the obligations of the lease; and ‘‘(A) terminate payments under this title out regard to the term of the mortgage or to ‘‘(3) provide for— to the Department; transfer of ownership; or ‘‘(A) the selection of tenants and home- ‘‘(B) reduce payments under this title to ‘‘(B) such other period as the Secretary de- buyers from a written waiting list in accord- the Department by an amount equal to the termines is the longest feasible period of ance with the policies and goals set forth in amount of such payments that were not ex- time consistent with sound economics and an applicable housing plan approved under pended in accordance with this title; or the purposes of this title, except upon a fore- section 803; and ‘‘(C) limit the availability of payments closure by a lender (or upon other transfer in ‘‘(B) the prompt notification in writing of under this title to programs, projects, or ac- lieu of foreclosure) if that action— any rejected applicant of the grounds for tivities not affected by such failure to com- ‘‘(i) recognizes any contractual or legal that rejection. ply. rights of any public agency, nonprofit spon- ‘‘SEC. 815. REPAYMENT. ‘‘(2) ACTIONS.—If the Secretary takes an sor, or other person or entity to take an ac- ‘‘If the Department of Hawaiian Home action under subparagraph (A), (B), or (C) of tion that would— Lands uses grant amounts to provide afford- paragraph (1), the Secretary shall continue ‘‘(I) avoid termination of low-income af- able housing under activities under this title that action until the Secretary determines fordability, in the case of foreclosure; or and, at any time during the useful life of the that the failure by the Department to com- ‘‘(II) transfer ownership in lieu of fore- housing, the housing does not comply with ply with the provision has been remedied by closure; and the requirement under section 813(a)(2), the the Department and the Department is in ‘‘(ii) is not for the purpose of avoiding low- Secretary shall— compliance with that provision. income affordability restrictions, as deter- ‘‘(1) reduce future grant payments on be- ‘‘(b) NONCOMPLIANCE BECAUSE OF A TECH- mined by the Secretary. half of the Department by an amount equal NICAL INCAPACITY.—The Secretary may pro- ‘‘(b) EXCEPTION.—Notwithstanding sub- to the grant amounts used for that housing vide technical assistance for the Depart- section (a), housing assisted pursuant to sec- (under the authority of section 819(a)(2)); or ment, either directly or indirectly, that is tion 809(a)(2)(B) shall be considered afford- ‘‘(2) require repayment to the Secretary of designed to increase the capability and ca- able housing for purposes of this title. any amount equal to those grant amounts. pacity of the Director of the Department to ‘‘SEC. 814. LEASE REQUIREMENTS AND TENANT ‘‘SEC. 816. ANNUAL ALLOCATION. administer assistance provided under this SELECTION. ‘‘For each fiscal year, the Secretary shall title in compliance with the requirements ‘‘(a) LEASES.—Except to the extent other- allocate any amounts made available for as- under this title if the Secretary makes a wise provided by or inconsistent with the sistance under this title for the fiscal year, finding under subsection (a), but determines laws of the State of Hawaii, in renting dwell- in accordance with the formula established that the failure of the Department to comply ing units in affordable housing assisted with pursuant to section 817 to the Department of substantially with the provisions of this grant amounts provided under this title, the Hawaiian Home Lands if the Department title— Director, owner, or manager shall use leases complies with the requirements under this ‘‘(1) is not a pattern or practice of activi- that— title for a grant under this title. ties constituting willful noncompliance; and ‘‘(1) do not contain unreasonable terms and ‘‘SEC. 817. ALLOCATION FORMULA. ‘‘(2) is a result of the limited capability or conditions; ‘‘(a) ESTABLISHMENT.—The Secretary shall, capacity of the Department of Hawaiian ‘‘(2) require the Director, owner, or man- by regulation issued not later than the expi- Home Lands. ager to maintain the housing in compliance ration of the 6-month period beginning on ‘‘(c) REFERRAL FOR CIVIL ACTION.— with applicable housing codes and quality the date of the enactment of the American ‘‘(1) AUTHORITY.—In lieu of, or in addition standards; Homeownership and Economic Opportunity to, any action that the Secretary may take ‘‘(3) require the Director, owner, or man- Act of 2000, in the manner provided under under subsection (a), if the Secretary has ager to give adequate written notice of ter- section 807, establish a formula to provide reason to believe that the Department of Ha- mination of the lease, which shall be the pe- for the allocation of amounts available for a waiian Home Lands has failed to comply sub- riod of time required under applicable State fiscal year for block grants under this title stantially with any provision of this title, or local law; in accordance with the requirements of this the Secretary may refer the matter to the ‘‘(4) specify that, with respect to any no- section. Attorney General of the United States with tice of eviction or termination, notwith- ‘‘(b) FACTORS FOR DETERMINATION OF a recommendation that an appropriate civil standing any State or local law, a resident NEED.—The formula under subsection (a) action be instituted. shall be informed of the opportunity, before shall be based on factors that reflect the ‘‘(2) CIVIL ACTION.—Upon receiving a refer- any hearing or trial, to examine any rel- needs for assistance for affordable housing ral under paragraph (1), the Attorney Gen- evant documents, record, or regulations di- activities, including— eral may bring a civil action in any United rectly related to the eviction or termination; ‘‘(1) the number of low-income dwelling States district court of appropriate jurisdic- ‘‘(5) require that the Director, owner, or units owned or operated at the time pursu- tion for such relief as may be appropriate, manager may not terminate the tenancy, ant to a contract between the Director and including an action— during the term of the lease, except for seri- the Secretary; ‘‘(A) to recover the amount of the assist- ous or repeated violation of the terms and ‘‘(2) the extent of poverty and economic ance furnished under this title that was not conditions of the lease, violation of applica- distress and the number of Native Hawaiian expended in accordance with this title; or

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‘‘(B) for mandatory or injunctive relief. ‘‘(2) MEASURES.—The measures referred to ‘‘(i) carried out eligible activities under ‘‘(d) REVIEW.— in paragraph (1) shall provide for— this title in a timely manner; ‘‘(1) IN GENERAL.—If the Director receives ‘‘(A) to the extent allowable by Federal ‘‘(ii) carried out and made certifications in notice under subsection (a) of the termi- and State law, the enforcement of the provi- accordance with the requirements and the nation, reduction, or limitation of payments sions of this title by the Department and the primary objectives of this title and with under this Act, the Director— Secretary; and other applicable laws; and ‘‘(A) may, not later than 60 days after re- ‘‘(B) remedies for breach of the provisions ‘‘(iii) a continuing capacity to carry out ceiving such notice, file with the United referred to in paragraph (1). the eligible activities in a timely manner; States Court of Appeals for the Ninth Cir- ‘‘(b) PERIODIC MONITORING.— ‘‘(B) the Director has complied with the cuit, or in the United States Court of Ap- ‘‘(1) IN GENERAL.—Not less frequently than housing plan submitted by the Director peals for the District of Columbia, a petition annually, the Director shall review the ac- under section 803; and for review of the action of the Secretary; and tivities conducted and housing assisted ‘‘(C) the performance reports of the De- ‘‘(B) upon the filing of any petition under under this title to assess compliance with partment under section 821 are accurate. subparagraph (A), shall forthwith transmit the requirements of this title. ‘‘(2) ONSITE VISITS.—Each review conducted copies of the petition to the Secretary and ‘‘(2) REVIEW.—Each review under paragraph under this section shall, to the extent prac- the Attorney General of the United States, (1) shall include onsite inspection of housing ticable, include onsite visits by employees of who shall represent the Secretary in the liti- to determine compliance with applicable re- the Department of Housing and Urban Devel- gation. quirements. opment. ‘‘(2) PROCEDURE.— ‘‘(3) RESULTS.—The results of each review ‘‘(b) REPORT BY SECRETARY.—The Sec- ‘‘(A) IN GENERAL.—The Secretary shall file under paragraph (1) shall be— retary shall give the Department of Hawai- in the court a record of the proceeding on ‘‘(A) included in a performance report of ian Home Lands not less than 30 days to re- which the Secretary based the action, as pro- the Director submitted to the Secretary view and comment on a report under this vided in section 2112 of title 28, United States under section 820; and subsection. After taking into consideration Code. ‘‘(B) made available to the public. the comments of the Department, the Sec- ‘‘(B) OBJECTIONS.—No objection to the ac- ‘‘(c) PERFORMANCE MEASURES.—The Sec- retary may revise the report and shall make tion of the Secretary shall be considered by retary shall establish such performance the comments of the Department and the re- the court unless the Department has reg- measures as may be necessary to assess com- port with any revisions, readily available to istered the objection before the Secretary. pliance with the requirements of this title. the public not later than 30 days after re- ‘‘(3) DISPOSITION.— ‘‘SEC. 820. PERFORMANCE REPORTS. ceipt of the comments of the Department. ‘‘(c) EFFECT OF REVIEWS.—The Secretary ‘‘(A) COURT PROCEEDINGS.— ‘‘(a) REQUIREMENT.—For each fiscal year, may make appropriate adjustments in the ‘‘(i) JURISDICTION OF COURT.—The court the Director shall— amount of annual grants under this title in shall have jurisdiction to affirm or modify ‘‘(1) review the progress the Department accordance with the findings of the Sec- the action of the Secretary or to set the ac- has made during that fiscal year in carrying retary pursuant to reviews and audits under tion aside in whole or in part. out the housing plan submitted by the De- this section. The Secretary may adjust, re- ‘‘(ii) FINDINGS OF FACT.—If supported by partment under section 803; and duce, or withdraw grant amounts, or take substantial evidence on the record consid- ‘‘(2) submit a report to the Secretary (in a other action as appropriate in accordance ered as a whole, the findings of fact by the form acceptable to the Secretary) describing with the reviews and audits of the Secretary Secretary shall be conclusive. the conclusions of the review. under this section, except that grant ‘‘(iii) ADDITION.—The court may order evi- ‘‘(b) CONTENT.—Each report submitted amounts already expended on affordable dence, in addition to the evidence submitted under this section for a fiscal year shall— housing activities may not be recaptured or for review under this subsection, to be taken ‘‘(1) describe the use of grant amounts pro- deducted from future assistance provided to by the Secretary, and to be made part of the vided to the Department of Hawaiian Home the Department of Hawaiian Home Lands. record. Lands for that fiscal year; ‘‘SEC. 822. GENERAL ACCOUNTING OFFICE AU- ‘‘(B) SECRETARY.— ‘‘(2) assess the relationship of the use re- DITS. ‘‘(i) IN GENERAL.—The Secretary, by reason ferred to in paragraph (1) to the goals identi- ‘‘To the extent that the financial trans- of the additional evidence referred to in sub- fied in the housing plan; actions of the Department of Hawaiian Home paragraph (A) and filed with the court— ‘‘(3) indicate the programmatic accom- Lands involving grant amounts under this ‘‘(I) may— plishments of the Department; and title relate to amounts provided under this ‘‘(aa) modify the findings of fact of the ‘‘(4) describe the manner in which the De- title, those transactions may be audited by Secretary; or partment would change its housing plan sub- the Comptroller General of the United States ‘‘(bb) make new findings; and mitted under section 803 as a result of its ex- under such regulations as may be prescribed ‘‘(II) shall file— periences. by the Comptroller General. The Comp- ‘‘(aa) such modified or new findings; and ‘‘(c) SUBMISSIONS.—The Secretary shall— troller General of the United States shall ‘‘(bb) the recommendation of the Sec- ‘‘(1) establish a date for submission of each have access to all books, accounts, records, retary, if any, for the modification or setting report under this section; reports, files, and other papers, things, or aside of the original action of the Secretary. ‘‘(2) review each such report; and property belonging to or in use by the De- ‘‘(ii) FINDINGS.—The findings referred to in ‘‘(3) with respect to each such report, make partment of Hawaiian Home Lands per- clause (i)(II)(bb) shall, with respect to a recommendations as the Secretary considers taining to such financial transactions and question of fact, be considered to be conclu- appropriate to carry out the purposes of this necessary to facilitate the audit. sive if those findings are— title. ‘‘SEC. 823. REPORTS TO CONGRESS. ‘‘(I) supported by substantial evidence on ‘‘(d) PUBLIC AVAILABILITY.— ‘‘(a) IN GENERAL.—Not later than 90 days the record; and ‘‘(1) COMMENTS BY BENEFICIARIES.—In pre- after the conclusion of each fiscal year in ‘‘(II) considered as a whole. paring a report under this section, the Direc- which assistance under this title is made ‘‘(4) FINALITY.— tor shall make the report publicly available available, the Secretary shall submit to Con- ‘‘(A) IN GENERAL.—Except as provided in to the beneficiaries of the Hawaiian Homes gress a report that contains— subparagraph (B), upon the filing of the Commission Act, 1920 (42 Stat. 108 et seq.) ‘‘(1) a description of the progress made in record under this subsection with the court— and give a sufficient amount of time to per- accomplishing the objectives of this title; ‘‘(i) the jurisdiction of the court shall be mit those beneficiaries to comment on that ‘‘(2) a summary of the use of funds avail- exclusive; and report before it is submitted to the Sec- able under this title during the preceding fis- ‘‘(ii) the judgment of the court shall be retary (in such manner and at such time as cal year; and final. the Director may determine). ‘‘(3) a description of the aggregate out- ‘‘(B) REVIEW BY SUPREME COURT.—A judg- ‘‘(2) SUMMARY OF COMMENTS.—The report standing loan guarantees under section 184A ment under subparagraph (A) shall be sub- shall include a summary of any comments of the Housing and Community Development ject to review by the Supreme Court of the received by the Director from beneficiaries Act of 1992. United States upon writ of certiorari or cer- under paragraph (1) regarding the program ‘‘(b) RELATED REPORTS.—The Secretary tification, as provided in section 1254 of title to carry out the housing plan. may require the Director to submit to the 28, United States Code. ‘‘SEC. 821. REVIEW AND AUDIT BY SECRETARY. Secretary such reports and other informa- ‘‘SEC. 819. MONITORING OF COMPLIANCE. ‘‘(a) ANNUAL REVIEW.— tion as may be necessary in order for the ‘‘(a) ENFORCEABLE AGREEMENTS.— ‘‘(1) IN GENERAL.—The Secretary shall, not Secretary to prepare the report required ‘‘(1) IN GENERAL.—The Director, through less frequently than on an annual basis, under subsection (a). binding contractual agreements with owners make such reviews and audits as may be nec- ‘‘SEC. 824. AUTHORIZATION OF APPROPRIATIONS. or other authorized entities, shall ensure essary or appropriate to determine wheth- ‘‘There are authorized to be appropriated long-term compliance with the provisions of er— to the Department of Housing and Urban De- this title. ‘‘(A) the Director has— velopment for grants under this title such

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sums as may be necessary for each of fiscal ‘‘(B) HOUSING PLAN.—A housing plan de- ‘‘(2) STANDARD FOR APPROVAL.—The Sec- years 2001, 2002, 2003, 2004, and 2005.’’. scribed in this subparagraph is a housing retary may approve a loan for guarantee SEC. 514. LOAN GUARANTEES. plan that— under this section and issue a certificate ‘‘(i) has been submitted and approved by under this subsection only if the Secretary Subtitle E of title I of the Housing and the Secretary under section 803 of the Native determines that there is a reasonable pros- Community Development Act of 1992 is American Housing Assistance and Self-De- pect of repayment of the loan. amended by inserting after section 184 (12 termination Act of 1996; and ‘‘(3) EFFECT.— U.S.C. 1715z–13a) the following: ‘‘(ii) provides for the use of loan guaran- ‘‘(A) IN GENERAL.—A certificate of guar- ‘‘SEC. 184A. LOAN GUARANTEES FOR NATIVE HA- tees under this section to provide affordable antee issued under this subsection by the WAIIAN HOUSING. homeownership housing on Hawaiian Home Secretary shall be conclusive evidence of the ‘‘(a) DEFINITIONS.—In this section: Lands. eligibility of the loan for guarantee under ‘‘(1) DEPARTMENT OF HAWAIIAN HOME ‘‘(3) SECURITY.—The loan may be secured this section and the amount of that guar- LANDS.—The term ‘Department of Hawaiian by any collateral authorized under applica- antee. Home Lands’ means the agency or depart- ble Federal or State law. ‘‘(B) EVIDENCE.—The evidence referred to ment of the government of the State of Ha- ‘‘(4) LENDERS.— in subparagraph (A) shall be incontestable in waii that is responsible for the administra- ‘‘(A) IN GENERAL.—The loan shall be made the hands of the bearer. tion of the Hawaiian Homes Commission only by a lender approved by, and meeting ‘‘(C) FULL FAITH AND CREDIT.—The full Act, 1920 (42 Stat. 108 et seq.). qualifications established by, the Secretary, faith and credit of the United States is ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible including any lender described in subpara- pledged to the payment of all amounts entity’ means a Native Hawaiian family, the graph (B), except that a loan otherwise in- agreed to be paid by the Secretary as secu- Department of Hawaiian Home Lands, the sured or guaranteed by an agency of the Fed- rity for the obligations made by the Sec- Office of Hawaiian Affairs, and private non- eral Government or made by the Department retary under this section. profit or private for-profit organizations ex- of Hawaiian Home Lands from amounts bor- ‘‘(4) FRAUD AND MISREPRESENTATION.—This perienced in the planning and development rowed from the United States shall not be el- subsection may not be construed— of affordable housing for Native Hawaiians. igible for a guarantee under this section. ‘‘(A) to preclude the Secretary from estab- ‘‘(3) FAMILY.—The term ‘family’ means one ‘‘(B) APPROVAL.—The following lenders lishing defenses against the original lender or more persons maintaining a household, as shall be considered to be lenders that have based on fraud or material misrepresenta- the Secretary shall by regulation provide. been approved by the Secretary: tion; or ‘‘(4) GUARANTEE FUND.—The term ‘Guar- ‘‘(i) Any mortgagee approved by the Sec- ‘‘(B) to bar the Secretary from establishing antee Fund’ means the Native Hawaiian retary for participation in the single family by regulations that are on the date of Housing Loan Guarantee Fund established mortgage insurance program under title II of issuance or disbursement, whichever is ear- under subsection (i). the National Housing Act (12 U.S.C.A. 1707 et lier, partial defenses to the amount payable ‘‘(5) HAWAIIAN HOME LANDS.—The term ‘Ha- seq.). on the guarantee. ‘‘(ii) Any lender that makes housing loans waiian Home Lands’ means lands that— ‘‘(e) GUARANTEE FEE.— under chapter 37 of title 38, United States ‘‘(A) have the status of Hawaiian Home ‘‘(1) IN GENERAL.—The Secretary shall fix Lands under section 204 of the Hawaiian Code, that are automatically guaranteed and collect a guarantee fee for the guarantee under section 3702(d) of title 38, United Homes Commission Act (42 Stat. 110); or of a loan under this section, which may not States Code. ‘‘(B) are acquired pursuant to that Act. exceed the amount equal to 1 percent of the ‘‘(iii) Any lender approved by the Sec- ‘‘(6) NATIVE HAWAIIAN.—The term ‘Native principal obligation of the loan. retary of Agriculture to make guaranteed Hawaiian’ means any individual who is— ‘‘(2) PAYMENT.—The fee under this sub- loans for single family housing under the ‘‘(A) a citizen of the United States; and section shall— Housing Act of 1949 (42 U.S.C.A. 1441 et seq.). ‘‘(B) a descendant of the aboriginal people, ‘‘(A) be paid by the lender at time of ‘‘(iv) Any other lender that is supervised, who, prior to 1778, occupied and exercised issuance of the guarantee; and approved, regulated, or insured by any agen- sovereignty in the area that currently con- ‘‘(B) be adequate, in the determination of cy of the Federal Government. stitutes the State of Hawaii, as evidenced the Secretary, to cover expenses and prob- ‘‘(5) TERMS.—The loan shall— by— able losses. ‘‘(i) genealogical records; ‘‘(A) be made for a term not exceeding 30 years; ‘‘(3) DEPOSIT.—The Secretary shall deposit ‘‘(ii) verification by kupuna (elders) or any fees collected under this subsection in kama’aina (long-term community residents); ‘‘(B) bear interest (exclusive of the guar- antee fee under subsection (d) and service the Native Hawaiian Housing Loan Guar- or antee Fund established under subsection (j). ‘‘(iii) birth records of the State of Hawaii. charges, if any) at a rate agreed upon by the borrower and the lender and determined by ‘‘(f) LIABILITY UNDER GUARANTEE.—The li- ‘‘(7) OFFICE OF HAWAIIAN AFFAIRS.—The the Secretary to be reasonable, but not to ability under a guarantee provided under term ‘Office of Hawaiian Affairs’ means the exceed the rate generally charged in the area this section shall decrease or increase on a entity of that name established under the (as determined by the Secretary) for home pro rata basis according to any decrease or constitution of the State of Hawaii. mortgage loans not guaranteed or insured by increase in the amount of the unpaid obliga- ‘‘(b) AUTHORITY.—To provide access to any agency or instrumentality of the Fed- tion under the provisions of the loan agree- sources of private financing to Native Hawai- eral Government; ment involved. ian families who otherwise could not acquire ‘‘(C) involve a principal obligation not ex- ‘‘(g) TRANSFER AND ASSUMPTION.—Notwith- housing financing because of the unique ceeding— standing any other provision of law, any legal status of the Hawaiian Home Lands or ‘‘(i) 97.75 percent of the appraised value of loan guaranteed under this section, includ- as a result of a lack of access to private fi- the property as of the date the loan is ac- ing the security given for the loan, may be nancial markets, the Secretary may guar- cepted for guarantee (or 98.75 percent if the sold or assigned by the lender to any finan- antee an amount not to exceed 100 percent of value of the property is $50,000 or less); or cial institution subject to examination and the unpaid principal and interest that is due ‘‘(ii) the amount approved by the Secretary supervision by an agency of the Federal Gov- on an eligible loan under subsection (b). under this section; and ernment or of any State or the District of ‘‘(c) ELIGIBLE LOANS.—Under this section, a ‘‘(D) involve a payment on account of the Columbia. loan is an eligible loan if that loan meets the property— ‘‘(h) DISQUALIFICATION OF LENDERS AND following requirements: ‘‘(i) in cash or its equivalent; or CIVIL MONEY PENALTIES.— ‘‘(1) ELIGIBLE BORROWERS.—The loan is ‘‘(ii) through the value of any improve- ‘‘(1) IN GENERAL.— made only to a borrower who is— ments to the property made through the ‘‘(A) GROUNDS FOR ACTION.—The Secretary ‘‘(A) a Native Hawaiian family; skilled or unskilled labor of the borrower, as may take action under subparagraph (B) if ‘‘(B) the Department of Hawaiian Home the Secretary shall provide. the Secretary determines that any lender or Lands; ‘‘(d) CERTIFICATE OF GUARANTEE.— holder of a guarantee certificate under sub- ‘‘(C) the Office of Hawaiian Affairs; or ‘‘(1) APPROVAL PROCESS.— section (c)— ‘‘(D) a private nonprofit organization expe- ‘‘(A) IN GENERAL.—Before the Secretary ap- ‘‘(i) has failed— rienced in the planning and development of proves any loan for guarantee under this sec- ‘‘(I) to maintain adequate accounting affordable housing for Native Hawaiians. tion, the lender shall submit the application records; ‘‘(2) ELIGIBLE HOUSING.— for the loan to the Secretary for examina- ‘‘(II) to service adequately loans guaran- ‘‘(A) IN GENERAL.—The loan will be used to tion. teed under this section; or construct, acquire, or rehabilitate not more ‘‘(B) APPROVAL.—If the Secretary approves ‘‘(III) to exercise proper credit or under- than 4-family dwellings that are standard the application submitted under subpara- writing judgment; or housing and are located on Hawaiian Home graph (A), the Secretary shall issue a certifi- ‘‘(ii) has engaged in practices otherwise Lands for which a housing plan described in cate under this subsection as evidence of the detrimental to the interest of a borrower or subparagraph (B) applies. loan guarantee approved. the United States.

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‘‘(B) ACTIONS.—Upon a determination by holder of the guarantee may submit to the ‘‘(D) paying administrative expenses in the Secretary that a holder of a guarantee Secretary a request to assign the obligation connection with this section; and certificate under subsection (c) has failed to and security interest to the Secretary in re- ‘‘(E) reasonable and necessary costs of re- carry out an activity described in subpara- turn for payment of the claim under the habilitation and repair to properties that the graph (A)(i) or has engaged in practices de- guarantee. The Secretary may accept assign- Secretary holds or owns pursuant to this sec- scribed in subparagraph (A)(ii), the Sec- ment of the loan if the Secretary determines tion. retary may— that the assignment is in the best interest of ‘‘(4) INVESTMENT.—Any amounts in the ‘‘(i) refuse, either temporarily or perma- the United States. Guarantee Fund determined by the Sec- nently, to guarantee any further loans made ‘‘(bb) PAYMENT.—Upon assignment, the retary to be in excess of amounts currently by such lender or holder; Secretary shall pay to the holder of the required at the time of the determination to ‘‘(ii) bar such lender or holder from acquir- guarantee the pro rata portion of the carry out this section may be invested in ob- ing additional loans guaranteed under this amount guaranteed (as determined under ligations of the United States. section; and subsection (f)). ‘‘(5) LIMITATION ON COMMITMENTS TO GUAR- ‘‘(iii) require that such lender or holder as- ‘‘(cc) SUBROGATION.—The rights of the Sec- ANTEE LOANS AND MORTGAGES.— sume not less than 10 percent of any loss on retary shall be subrogated to the rights of ‘‘(A) REQUIREMENT OF APPROPRIATIONS.— further loans made or held by the lender or the holder of the guarantee. The holder shall The authority of the Secretary to enter into holder that are guaranteed under this sec- assign the obligation and security to the commitments to guarantee loans under this tion. Secretary. section shall be effective for any fiscal year ‘‘(2) CIVIL MONEY PENALTIES FOR INTEN- ‘‘(B) REQUIREMENTS.—Before any payment to the extent, or in such amounts as are, or TIONAL VIOLATIONS.— under a guarantee is made under subpara- have been, provided in appropriations Acts, ‘‘(A) IN GENERAL.—The Secretary may im- graph (A), the holder of the guarantee shall without regard to the fiscal year for which pose a civil monetary penalty on a lender or exhaust all reasonable possibilities of collec- such amounts were appropriated. holder of a guarantee certificate under sub- tion. Upon payment, in whole or in part, to ‘‘(B) LIMITATIONS ON COSTS OF GUARAN- section (d) if the Secretary determines that the holder, the note or judgment evidencing TEES.—The authority of the Secretary to the holder or lender has intentionally the debt shall be assigned to the United enter into commitments to guarantee loans failed— States and the holder shall have no further under this section shall be effective for any ‘‘(i) to maintain adequate accounting claim against the borrower or the United fiscal year only to the extent that amounts records; States. The Secretary shall then take such in the Guarantee Fund are or have been ‘‘(ii) to adequately service loans guaran- action to collect as the Secretary determines made available in appropriations Acts to teed under this section; or to be appropriate. cover the costs (as that term is defined in ‘‘(iii) to exercise proper credit or under- ‘‘(2) LIMITATIONS ON LIQUIDATION.— section 502 of the Federal Credit Reform Act writing judgment. ‘‘(A) IN GENERAL.—If a borrower defaults on of 1990 (2 U.S.C. 661a)) of such loan guaran- a loan guaranteed under this section that in- tees for such fiscal year. Any amounts appro- ‘‘(B) PENALTIES.—A civil monetary penalty imposed under this paragraph shall be im- volves a security interest in restricted Ha- priated pursuant to this subparagraph shall posed in the manner and be in an amount waiian Home Land property, the mortgagee remain available until expended. IMITATION ON OUTSTANDING AGGRE- provided under section 536 of the National or the Secretary shall only pursue liquida- ‘‘(C) L tion after offering to transfer the account to GATE PRINCIPAL AMOUNT.—Subject to the lim- Housing Act (12 U.S.C.A. 1735f–1) with respect another eligible Hawaiian family or the De- itations in subparagraphs (A) and (B), the to mortgagees and lenders under that Act. partment of Hawaiian Home Lands. Secretary may enter into commitments to ‘‘(3) PAYMENT ON LOANS MADE IN GOOD ‘‘(B) LIMITATION.—If, after action is taken guarantee loans under this section for each FAITH.—Notwithstanding paragraphs (1) and under subparagraph (A), the mortgagee or of fiscal years 2001, 2002, 2003, 2004, and 2005 (2), if a loan was made in good faith, the Sec- the Secretary subsequently proceeds to liq- with an aggregate outstanding principal retary may not refuse to pay a lender or uidate the account, the mortgagee or the amount not exceeding $100,000,000 for each holder of a valid guarantee on that loan, Secretary shall not sell, transfer, or other- such fiscal year. without regard to whether the lender or wise dispose of or alienate the property de- ‘‘(6) LIABILITIES.—All liabilities and obliga- holder is barred under this subsection. scribed in subparagraph (A) except to an- tions of the assets credited to the Guarantee ‘‘(i) PAYMENT UNDER GUARANTEE.— other eligible Hawaiian family or to the De- Fund under paragraph (2)(A) shall be liabil- ‘‘(1) LENDER OPTIONS.— partment of Hawaiian Home Lands. ities and obligations of the Guarantee Fund. ‘‘(A) IN GENERAL.— ‘‘(j) HAWAIIAN HOUSING LOAN GUARANTEE ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) NOTIFICATION.—If a borrower on a loan FUND.— There are authorized to be appropriated to guaranteed under this section defaults on ‘‘(1) ESTABLISHMENT.—There is established the Guarantee Fund to carry out this section the loan, the holder of the guarantee certifi- in the Treasury of the United States the Ha- such sums as may be necessary for each of cate shall provide written notice of the de- waiian Housing Loan Guarantee Fund for the fiscal years 2001, 2002, 2003, 2004, and 2005. fault to the Secretary. purpose of providing loan guarantees under ‘‘(k) REQUIREMENTS FOR STANDARD HOUS- ‘‘(ii) PAYMENT.—Upon providing the notice this section. ING.— required under clause (i), the holder of the ‘‘(2) CREDITS.—The Guarantee Fund shall ‘‘(1) IN GENERAL.—The Secretary shall, by guarantee certificate shall be entitled to be credited with— regulation, establish housing safety and payment under the guarantee (subject to the ‘‘(A) any amount, claims, notes, mort- quality standards to be applied for use under provisions of this section) and may proceed gages, contracts, and property acquired by this section. to obtain payment in one of the following the Secretary under this section, and any ‘‘(2) STANDARDS.—The standards referred to manners: collections and proceeds therefrom; in paragraph (1) shall— ‘‘(I) FORECLOSURE.— ‘‘(B) any amounts appropriated pursuant ‘‘(A) provide sufficient flexibility to permit ‘‘(aa) IN GENERAL.—The holder of the cer- to paragraph (7); the use of various designs and materials in tificate may initiate foreclosure proceedings ‘‘(C) any guarantee fees collected under housing acquired with loans guaranteed (after providing written notice of that action subsection (d); and under this section; and to the Secretary). ‘‘(D) any interest or earnings on amounts ‘‘(B) require each dwelling unit in any ‘‘(bb) PAYMENT.—Upon a final order by the invested under paragraph (4). housing acquired in the manner described in court authorizing foreclosure and submission ‘‘(3) USE.—Amounts in the Guarantee Fund subparagraph (A) to— to the Secretary of a claim for payment shall be available, to the extent provided in ‘‘(i) be decent, safe, sanitary, and modest under the guarantee, the Secretary shall pay appropriations Acts, for— in size and design; to the holder of the certificate the pro rata ‘‘(A) fulfilling any obligations of the Sec- ‘‘(ii) conform with applicable general con- portion of the amount guaranteed (as deter- retary with respect to loans guaranteed struction standards for the region in which mined pursuant to subsection (f)) plus rea- under this section, including the costs (as the housing is located; sonable fees and expenses as approved by the that term is defined in section 502 of the Fed- ‘‘(iii) contain a plumbing system that— Secretary. eral Credit Reform Act of 1990 (2 U.S.C. 661a)) ‘‘(I) uses a properly installed system of pip- ‘‘(cc) SUBROGATION.—The rights of the Sec- of such loans; ing; retary shall be subrogated to the rights of ‘‘(B) paying taxes, insurance, prior liens, ‘‘(II) includes a kitchen sink and a the holder of the guarantee. The holder shall expenses necessary to make fiscal adjust- partitional bathroom with lavatory, toilet, assign the obligation and security to the ment in connection with the application and and bath or shower; and Secretary. transmittal of collections, and other ex- ‘‘(III) uses water supply, plumbing, and ‘‘(II) NO FORECLOSURE.— penses and advances to protect the Secretary sewage disposal systems that conform to any ‘‘(aa) IN GENERAL.—Without seeking fore- for loans which are guaranteed under this minimum standards established by the appli- closure (or in any case in which a foreclosure section or held by the Secretary; cable county or State; proceeding initiated under clause (i) con- ‘‘(C) acquiring such security property at ‘‘(iv) contain an electrical system using tinues for a period in excess of 1 year), the foreclosure sales or otherwise; wiring and equipment properly installed to

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.000 H05DE0 26216 CONGRESSIONAL RECORD—HOUSE December 5, 2000 safely supply electrical energy for adequate ‘‘(8) to ensure that the public interest in, (3) in section 615 (42 U.S.C. 5414)— lighting and for operation of appliances that and need for, affordable manufactured hous- (A) in subsection (b)(1), by striking ‘‘deal- conforms to any appropriate county, State, ing is duly considered in all determinations er’’ and inserting ‘‘retailer’’; or national code; relating to the Federal standards and their (B) in subsection (b)(3), by striking ‘‘dealer ‘‘(v) be not less than the size provided enforcement.’’. or dealers’’ and inserting ‘‘retailer or retail- under the applicable locally adopted stand- SEC. 603. DEFINITIONS. ers’’; and ards for size of dwelling units, except that (a) IN GENERAL.—Section 603 (42 U.S.C. (C) in subsections (d) and (f), by striking the Secretary, upon request of the Depart- 5402) is amended— ‘‘dealers’’ each place it appears and inserting ment of Hawaiian Home Lands may waive (1) in paragraph (2), by striking ‘‘dealer’’ ‘‘retailers’’; the size requirements under this paragraph; and inserting ‘‘retailer’’; (4) in section 616 (42 U.S.C. 5415), by strik- and (2) in paragraph (12), by striking ‘‘and’’ at ing ‘‘dealer’’ and inserting ‘‘retailer’’; and ‘‘(vi) conform with the energy performance the end; (5) in section 623(c)(9), by striking ‘‘deal- requirements for new construction estab- (3) in paragraph (13), by striking the period ers’’ and inserting ‘‘retailers’’. lished by the Secretary under section 526(a) at the end and inserting a semicolon; and SEC. 604. FEDERAL MANUFACTURED HOME CON- of the National Housing Act (12 U.S.C.A. (4) by adding at the end the following: STRUCTION AND SAFETY STAND- 1735f–4), unless the Secretary determines ‘‘(14) ‘administering organization’ means ARDS. that the requirements are not applicable. the recognized, voluntary, private sector, Section 604 (42 U.S.C. 5403) is amended— ‘‘(l) APPLICABILITY OF CIVIL RIGHTS STAT- consensus standards body with specific expe- (1) by striking subsections (a) and (b) and UTES.—To the extent that the requirements rience in developing model residential build- inserting the following: of title VI of the Civil Rights Act of 1964 (42 ing codes and standards involving all dis- ‘‘(a) ESTABLISHMENT.— U.S.C. 2000d et seq.) or of the Fair Housing ciplines regarding construction and safety ‘‘(1) AUTHORITY.—The Secretary shall es- Act (42 U.S.C.A. 3601 et seq.) apply to a guar- that administers the consensus standards tablish, by order, appropriate Federal manu- antee provided under this subsection, noth- through a development process; factured home construction and safety ing in the requirements concerning discrimi- ‘‘(15) ‘consensus committee’ means the standards, each of which— nation on the basis of race shall be construed committee established under section ‘‘(A) shall— to prevent the provision of the guarantee to 604(a)(3); ‘‘(i) be reasonable and practical; an eligible entity on the basis that the enti- ‘‘(16) ‘consensus standards development ‘‘(ii) meet high standards of protection ty serves Native Hawaiian families or is a process’ means the process by which addi- consistent with the purposes of this title; Native Hawaiian family.’’. tions, revisions, and interpretations to the and Federal manufactured home construction ‘‘(iii) be performance-based and objectively TITLE VI—MANUFACTURED HOUSING stated, unless clearly inappropriate; and IMPROVEMENT and safety standards and enforcement regu- lations shall be developed and recommended ‘‘(B) except as provided in subsection (b), SEC. 601. SHORT TITLE; REFERENCES. to the Secretary by the consensus com- shall be established in accordance with the (a) SHORT TITLE.—This title may be cited mittee; consensus standards development process. as the ‘‘Manufactured Housing Improvement ‘‘(17) ‘primary inspection agency’ means a ‘‘(2) CONSENSUS STANDARDS AND REGU- Act of 2000’’. State agency or private organization that LATORY DEVELOPMENT PROCESS.— (b) REFERENCES.—Whenever in this title an ‘‘(A) INITIAL AGREEMENT.—Not later than amendment is expressed in terms of an has been approved by the Secretary to act as a design approval primary inspection agency 180 days after the date of enactment of the amendment to, or repeal of, a section or Manufactured Housing Improvement Act of other provision, the reference shall be con- or a production inspection primary inspec- tion agency, or both; 2000, the Secretary shall enter into a con- sidered to be made to that section or other tract with an administering organization. provision of the National Manufactured ‘‘(18) ‘design approval primary inspection agency’ means a State agency or private or- The contractual agreement shall— Housing Construction and Safety Standards ganization that has been approved by the ‘‘(i) terminate on the date on which a con- Act of 1974 (42 U.S.C. 5401 et seq.). Secretary to evaluate and either approve or tract is entered into under subparagraph (B); SEC. 602. FINDINGS AND PURPOSES. disapprove manufactured home designs and and Section 602 (42 U.S.C. 5401) is amended to quality control procedures; ‘‘(ii) require the administering organiza- read as follows: ‘‘(19) ‘installation standards’ means rea- tion to— ‘‘SEC. 602. FINDINGS AND PURPOSES. sonable specifications for the installation of ‘‘(I) recommend the initial members of the ‘‘(a) FINDINGS.—Congress finds that— a manufactured home, at the place of occu- consensus committee under paragraph (3); ‘‘(1) manufactured housing plays a vital pancy, to ensure proper siting, the joining of ‘‘(II) administer the consensus standards role in meeting the housing needs of the Na- all sections of the home, and the installation development process until the termination tion; and of stabilization, support, or anchoring sys- of that agreement; and ‘‘(2) manufactured homes provide a signifi- tems; ‘‘(III) administer the consensus develop- cant resource for affordable homeownership ‘‘(20) ‘monitoring’ means the process of ment and interpretation process for proce- and rental housing accessible to all Ameri- periodic review of the primary inspection dural and enforcement regulations and regu- cans. agencies, by the Secretary or by a State lations specifying the permissible scope and ‘‘(b) PURPOSES.—The purposes of this title agency under an approved State plan pursu- conduct of monitoring until the termination are— ant to section 623, in accordance with regula- of that agreement. ‘‘(1) to protect the quality, durability, safe- tions promulgated under this title, giving ‘‘(B) COMPETITIVELY PROCURED CONTRACT.— ty, and affordability of manufactured homes; due consideration to the recommendations of Upon the expiration of the 4-year period be- ‘‘(2) to facilitate the availability of afford- the consensus committee under section ginning on the date on which all members of able manufactured homes and to increase 604(b), which process shall be for the purpose the consensus committee are appointed homeownership for all Americans; of ensuring that the primary inspection under paragraph (3), the Secretary shall, ‘‘(3) to provide for the establishment of agencies are discharging their duties under using competitive procedures (as such term practical, uniform, and, to the extent pos- this title; and is defined in section 4 of the Office of Federal sible, performance-based Federal construc- ‘‘(21) ‘production inspection primary in- Procurement Policy Act), enter into a com- tion standards for manufactured homes; spection agency’ means a State agency or petitively awarded contract with an admin- ‘‘(4) to encourage innovative and cost-ef- private organization that has been approved istering organization. The administering or- fective construction techniques for manufac- by the Secretary to evaluate the ability of ganization shall administer the consensus tured homes; manufactured home manufacturing plants to process for the development and interpreta- ‘‘(5) to protect residents of manufactured comply with approved quality control proce- tion of the Federal standards, the procedural homes with respect to personal injuries and dures and with the Federal manufactured and enforcement regulations, and regula- the amount of insurance costs and property home construction and safety standards pro- tions specifying the permissible scope and damages in manufactured housing, con- mulgated hereunder, including the inspec- conduct of monitoring, in accordance with sistent with the other purposes of this sec- tion of homes in the plant.’’. this title. tion; (b) CONFORMING AMENDMENTS.—The Na- ‘‘(C) PERFORMANCE REVIEW.—The Sec- ‘‘(6) to establish a balanced consensus proc- tional Manufactured Housing Construction retary— ess for the development, revision, and inter- and Safety Standards Act of 1974 (42 U.S.C. ‘‘(i) shall periodically review the perform- pretation of Federal construction and safety 5401 et seq.) is amended— ance of the administering organization; and standards for manufactured homes and re- (1) in section 613 (42 U.S.C. 5412), by strik- ‘‘(ii) may replace the administering organi- lated regulations for the enforcement of such ing ‘‘dealer’’ each place it appears and in- zation with another qualified technical or standards; serting ‘‘retailer’’; building code organization, pursuant to com- ‘‘(7) to ensure uniform and effective en- (2) in section 614(f) (42 U.S.C. 5413(f)), by petitive procedures, if the Secretary deter- forcement of Federal construction and safety striking ‘‘dealer’’ each place it appears and mines in writing that the administering or- standards for manufactured homes; and inserting ‘‘retailer’’; ganization is not fulfilling the terms of the

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agreement or contract to which the admin- ‘‘(F) ADDITIONAL QUALIFICATIONS.— ‘‘(i) PUBLICATION BY SECRETARY.—The con- istering organization is subject or upon the ‘‘(i) FINANCIAL INDEPENDENCE.—No indi- sensus committee shall provide a proposed expiration of the agreement or contract. vidual appointed under subparagraph (D)(ii) revised standard under subparagraph (A)(ii) ‘‘(3) CONSENSUS COMMITTEE.— shall have, and 3 of the individuals appointed to the Secretary who shall, not later than 30 ‘‘(A) PURPOSE.—There is established a com- under subparagraph (D)(iii) shall not have— days after receipt, cause such proposed re- mittee to be known as the ‘consensus com- ‘‘(I) a significant financial interest in any vised standard to be published in the Federal mittee’, which shall, in accordance with this segment of the manufactured housing indus- Register for notice and comment in accord- title— try; or ance with section 553 of title 5, United States ‘‘(i) provide periodic recommendations to ‘‘(II) a significant relationship to any per- Code. Unless clause (ii) applies, the Sec- the Secretary to adopt, revise, and interpret son engaged in the manufactured housing in- retary shall provide an opportunity for pub- the Federal manufactured housing construc- dustry. lic comment on such proposed revised stand- tion and safety standards in accordance with ‘‘(ii) POST-EMPLOYMENT BAN.—Each indi- ard in accordance with such section 553 and this subsection; vidual described in clause (i) shall be subject any such comments shall be submitted di- ‘‘(ii) provide periodic recommendations to to a ban disallowing compensation from the rectly to the consensus committee, without the Secretary to adopt, revise, and interpret manufactured housing industry during the delay. the procedural and enforcement regulations, period of, and during the 1-year following, ‘‘(ii) PUBLICATION OF REJECTED PROPOSED including regulations specifying the permis- the membership of the individual on the con- REVISED STANDARDS.—If the Secretary rejects sible scope and conduct of monitoring in ac- sensus committee. the proposed revised standard, the Secretary cordance with subsection (b); ‘‘(G) MEETINGS.— shall cause to be published in the Federal ‘‘(iii) be organized and carry out its busi- ‘‘(i) NOTICE; OPEN TO PUBLIC.—The con- Register the rejected proposed revised stand- ness in a manner that guarantees a fair op- sensus committee shall provide advance no- ard, the reasons for rejection, and any rec- portunity for the expression and consider- tice of each meeting of the consensus com- ommended modifications set forth. ation of various positions and for public par- mittee to the Secretary and cause to be pub- ‘‘(C) PRESENTATION OF PUBLIC COMMENTS; ticipation; and lished in the Federal Register advance notice PUBLICATION OF RECOMMENDED REVISIONS.— ‘‘(iv) be deemed to be an advisory com- of each such meeting. All meetings of the ‘‘(i) PRESENTATION.—Any public comments, mittee not composed of Federal employees. consensus committee shall be open to the views, and objections to a proposed revised ‘‘(B) MEMBERSHIP.—The consensus com- public. standard published under subparagraph (B) mittee shall be composed of— ‘‘(ii) REIMBURSEMENT.—Members of the shall be presented by the Secretary to the ‘‘(i) 21 voting members appointed by the consensus committee in attendance at meet- consensus committee upon their receipt and Secretary, after consideration of the rec- ings of the consensus committee shall be re- in the manner received, in accordance with ommendations of the administering organi- imbursed for their actual expenses as author- procedures established by the American Na- zation, from among individuals who are ized by section 5703 of title 5, United States tional Standards Institute. qualified by background and experience to Code, for persons employed intermittently in ‘‘(ii) PUBLICATION BY THE SECRETARY.—The participate in the work of the consensus Government service. consensus committee shall provide to the Secretary any revision proposed by the con- committee; and ‘‘(H) ADMINISTRATION.—The consensus com- sensus committee, which the Secretary ‘‘(ii) 1 nonvoting member appointed by the mittee and the administering organization shall, not later than 30 calendar days after Secretary to represent the Secretary on the shall— receipt, cause to be published in the Federal consensus committee. ‘‘(i) operate in conformance with the proce- Register a notice of the recommended revi- ‘‘(C) DISAPPROVAL.—The Secretary shall dures established by the American National sions of the consensus committee to the state, in writing, the reasons for failing to Standards Institute for the development and standards, a notice of the submission of the appoint any individual recommended under coordination of American National Stand- recommended revisions to the Secretary, and paragraph (2)(A)(ii)(I). ards; and a description of the circumstances under ‘‘(D) SELECTION PROCEDURES AND REQUIRE- ‘‘(ii) apply to the American National which the proposed revised standards could MENTS.—Each member of the consensus com- Standards Institute and take such other ac- become effective. mittee shall be appointed in accordance with tions as may be necessary to obtain accredi- ‘‘(iii) PUBLICATION OF REJECTED PROPOSED selection procedures, which shall be based on tation from the American National Stand- REVISED STANDARDS.—If the Secretary rejects the procedures for consensus committees ards Institute. the proposed revised standard, the Secretary promulgated by the American National ‘‘(I) STAFF AND TECHNICAL SUPPORT.—The shall cause to be published in the Federal Standards Institute (or successor organiza- administering organization shall, upon the Register the rejected proposed revised stand- tion), except that the American National request of the consensus committee— ard, the reasons for rejection, and any rec- Standards Institute interest categories shall ‘‘(i) provide reasonable staff resources to ommended modifications set forth. be modified for purposes of this paragraph to the consensus committee; and ‘‘(5) REVIEW BY THE SECRETARY.— ensure equal representation on the consensus ‘‘(ii) furnish technical support in a timely ‘‘(A) IN GENERAL.—The Secretary shall ei- committee of the following interest cat- manner to any of the interest categories de- ther adopt, modify, or reject a standard, as egories: scribed in subparagraph (D) represented on submitted by the consensus committee under ‘‘(i) PRODUCERS.—Seven producers or re- the consensus committee, if— paragraph (4)(A). tailers of manufactured housing. ‘‘(I) the support is necessary to ensure the ‘‘(B) TIMING.—Not later than 12 months ‘‘(ii) USERS.—Seven persons representing informed participation of the consensus com- after the date on which a standard is sub- consumer interests, such as consumer orga- mittee members; and mitted to the Secretary by the consensus nizations, recognized consumer leaders, and ‘‘(II) the costs of providing the support are committee, the Secretary shall take action owners who are residents of manufactured reasonable. regarding such standard under subparagraph homes. ‘‘(J) DATE OF INITIAL APPOINTMENTS.—The (C). ‘‘(iii) GENERAL INTEREST AND PUBLIC OFFI- initial appointments of all of the members of ‘‘(C) PROCEDURES.—If the Secretary— CIALS.—Seven general interest and public of- the consensus committee shall be completed ‘‘(i) adopts a standard recommended by the ficial members. not later than 90 days after the date on consensus committee, the Secretary shall— ‘‘(E) BALANCING OF INTERESTS.— which a contractual agreement under para- ‘‘(I) issue a final order without further ‘‘(i) IN GENERAL.—In order to achieve a graph (2)(A) is entered into with the admin- rulemaking; and proper balance of interests on the consensus istering organization. ‘‘(II) cause the final order to be published committee, the Secretary, in appointing the ‘‘(4) REVISIONS OF STANDARDS.— in the Federal Register; members of the consensus committee— ‘‘(A) IN GENERAL.—Beginning on the date ‘‘(ii) determines that any standard should ‘‘(I) shall ensure that all directly and ma- on which all members of the consensus com- be rejected, the Secretary shall— terially affected interests have the oppor- mittee are appointed under paragraph (3), ‘‘(I) reject the standard; and tunity for fair and equitable participation the consensus committee shall, not less than ‘‘(II) cause to be published in the Federal without dominance by any single interest; once during each 2-year period— Register a notice to that effect, together and ‘‘(i) consider revisions to the Federal man- with the reason or reasons for rejecting the ‘‘(II) may reject the appointment of any 1 ufactured home construction and safety proposed standard; or or more individuals in order to ensure that standards; and ‘‘(iii) determines that a standard rec- there is not dominance by any single inter- ‘‘(ii) submit proposed revised standards, if ommended by the consensus committee est. approved in a vote of the consensus com- should be modified, the Secretary shall— ‘‘(ii) DOMINANCE DEFINED.—In this subpara- mittee by 2⁄3 of the members, to the Sec- ‘‘(I) cause to be published in the Federal graph, the term ‘dominance’ means a posi- retary in the form of a proposed rule, includ- Register the proposed modified standard, to- tion or exercise of dominant authority, lead- ing an economic analysis. gether with an explanation of the reason or ership, or influence by reason of superior le- ‘‘(B) PUBLICATION OF PROPOSED REVISED reasons for the determination of the Sec- verage, strength, or representation. STANDARDS.— retary; and

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.000 H05DE0 26218 CONGRESSIONAL RECORD—HOUSE December 5, 2000 ‘‘(II) provide an opportunity for public ‘‘(ii) provide an opportunity for public (4) in subsection (f), by striking the sub- comment in accordance with section 553 of comment in accordance with section 553 of section designation and all of the matter title 5, United States Code. title 5, United States Code. that precedes paragraph (1) and inserting the ‘‘(D) FINAL ORDER.—Any final standard ‘‘(4) REQUIRED ACTION.—Not later than 120 following: under this paragraph shall become effective days after the date on which the Secretary ‘‘(e) CONSIDERATIONS IN ESTABLISHING AND pursuant to subsection (c). receives a proposed regulation or interpreta- INTERPRETING STANDARDS AND REGULA- ‘‘(6) FAILURE TO ACT.—If the Secretary fails tive bulletin submitted by the consensus TIONS.—The consensus committee, in recom- to take final action under paragraph (5) and committee, the Secretary shall— mending standards, regulations, and inter- to cause notice of the action to be published ‘‘(A) approve the proposal and cause the pretations, and the Secretary, in estab- in the Federal Register before the expiration proposed regulation or interpretative bul- lishing standards or regulations or issuing of the 12-month period beginning on the date letin to be published for public comment in interpretations under this section, shall—’’; on which the proposed revised standard is accordance with section 553 of title 5, United (5) by striking subsection (g); submitted to the Secretary under paragraph States Code; or (6) in the first sentence of subsection (j), by (4)(A)— ‘‘(B) reject the proposed regulation or in- striking ‘‘subsection (f)’’ and inserting ‘‘sub- ‘‘(A) the Secretary shall appear in person terpretative bulletin and— section (e)’’; and before the appropriate housing and appro- ‘‘(i) provide to the consensus committee a (7) by redesignating subsections (h), (i), priations subcommittees and committees of written explanation of the reasons for rejec- and (j), as subsections (f), (g), and (h), respec- the House of Representatives and the Senate tion; and tively. (referred to in this paragraph as the ‘com- ‘‘(ii) cause to be published in the Federal SEC. 605. ABOLISHMENT OF NATIONAL MANUFAC- mittees’) on a date or dates to be specified by Register the rejected proposed regulation or TURED HOME ADVISORY COUNCIL; the committees, but in no event later than 30 interpretive bulletin, the reasons for rejec- MANUFACTURED HOME INSTALLA- TION. days after the expiration of that 12-month tion, and any recommended modifications (a) IN GENERAL.—Section 605 (42 U.S.C. period, and shall state before the committees set forth. 5404) is amended to read as follows: the reasons for failing to take final action as ‘‘(5) AUTHORITY TO ACT AND EMERGENCY.—If ‘‘SEC. 605. MANUFACTURED HOME INSTALLA- required under paragraph (5); and the Secretary determines, in writing, that TION. ‘‘(B) if the Secretary does not appear in such action is necessary to address an issue ‘‘(a) PROVISION OF INSTALLATION DESIGN person as required under subparagraph (A), on which the Secretary determines that the AND INSTRUCTIONS.—A manufacturer shall the Secretary shall thereafter, and until consensus committee has not made a timely provide with each manufactured home, de- such time as the Secretary does appear as re- recommendation following a request by the sign and instructions for the installation of quired under subparagraph (A), be prohibited Secretary, or in order to respond to an emer- the manufactured home that have been ap- from expending any funds collected under gency that jeopardizes the public health or proved by a design approval primary inspec- authority of this title in an amount greater safety, the Secretary may issue an order tion agency. After establishment of model than that collected and expended in the fis- that is not developed under the procedures standards under subsection (b)(2), a design cal year immediately preceding the date of set forth in subsection (a) or in this sub- approval primary inspection agency may not enactment of the Manufactured Housing Im- section, if the Secretary— give such approval unless a design and in- provement Act of 2000, indexed for inflation ‘‘(A) provides to the consensus committee struction provides equal or greater protec- as determined by the Congressional Budget a written description and sets forth the rea- tion than the protection provided under such Office. sons why action is necessary and all sup- model standards. ‘‘(b) OTHER ORDERS.— porting documentation; and ‘‘(b) MODEL MANUFACTURED HOME INSTAL- ‘‘(1) REGULATIONS.—The Secretary may ‘‘(B) issues the order after notice and an LATION STANDARDS.— issue procedural and enforcement regula- opportunity for public comment in accord- ‘‘(1) PROPOSED MODEL STANDARDS.—Not tions and revisions to existing regulations as ance with section 553 of title 5, United States later than 18 months after the date on which necessary to implement the provisions of Code, and causes the order to be published in the initial appointments of all of the mem- this title. The consensus committee may the Federal Register. bers of the consensus committee are com- submit to the Secretary proposed procedural ‘‘(6) CHANGES.—Any statement of policies, pleted, the consensus committee shall de- and enforcement regulations and rec- practices, or procedures relating to construc- velop and submit to the Secretary proposed ommendations for the revision of such regu- tion and safety standards, regulations, in- model manufactured home installation lations. spections, monitoring, or other enforcement standards, which shall, to the maximum ex- ‘‘(2) INTERPRETATIVE BULLETINS.—The Sec- activities that constitutes a statement of tent practicable, taking into account the retary may issue interpretative bulletins to general or particular applicability to imple- factors described in section 604(e), be con- clarify the meaning of any Federal manufac- ment, interpret, or prescribe law or policy by sistent with— tured home construction and safety standard the Secretary is subject to subsection (a) or ‘‘(A) the manufactured home designs that or procedural and enforcement regulation. this subsection. Any change adopted in vio- have been approved by a design approval pri- The consensus committee may submit to the lation of subsection (a) or this subsection is mary inspection agency; and Secretary proposed interpretative bulletins void. ‘‘(B) the designs and instructions for the to clarify the meaning of any Federal manu- ‘‘(7) TRANSITION.—Until the date on which installation of manufactured homes provided factured home construction and safety the consensus committee is appointed pursu- by manufacturers under subsection (a). standard or procedural and enforcement reg- ant to section 604(a)(3), the Secretary may ‘‘(2) ESTABLISHMENT OF MODEL STAND- ulation. issue proposed orders, pursuant to notice and ARDS.—Not later than 12 months after receiv- ‘‘(3) REVIEW BY CONSENSUS COMMITTEE.—Be- comment in accordance with section 553 of ing the proposed model standards submitted fore issuing a procedural or enforcement reg- title 5, United States Code, that are not de- under paragraph (1), the Secretary shall de- ulation or an interpretative bulletin— veloped under the procedures set forth in velop and establish model manufactured ‘‘(A) the Secretary shall— this section for new and revised standards.’’; home installation standards, which shall, to ‘‘(i) submit the proposed procedural or en- (2) in subsection (d), by adding at the end the maximum extent practicable, taking forcement regulation or interpretative bul- the following: ‘‘Federal preemption under into account the factors described in section letin to the consensus committee; and this subsection shall be broadly and liberally 604(e), be consistent with— ‘‘(ii) provide the consensus committee with construed to ensure that disparate State or ‘‘(A) the manufactured home designs that a period of 120 days to submit written com- local requirements or standards do not affect have been approved by a design approval pri- ments to the Secretary on the proposed pro- the uniformity and comprehensiveness of the mary inspection agency; and cedural or enforcement regulation or the in- standards promulgated under this section ‘‘(B) the designs and instructions for the terpretative bulletin; and nor the Federal superintendence of the man- installation of manufactured homes provided ‘‘(B) if the Secretary rejects any signifi- ufactured housing industry as established by by manufacturers under subsection (a). cant comment provided by the consensus this title. Subject to section 605, there is re- ‘‘(3) FACTORS FOR CONSIDERATION.— committee under subparagraph (A), the Sec- served to each State the right to establish ‘‘(A) CONSENSUS COMMITTEE.—In developing retary shall provide a written explanation of standards for the stabilizing and support sys- the proposed model standards under para- the reasons for the rejection to the con- tems of manufactured homes sited within graph (1), the consensus committee shall sensus committee; and that State, and for the foundations on which consider the factors described in section ‘‘(C) following compliance with subpara- manufactured homes sited within that State 604(e). graphs (A) and (B), the Secretary shall— are installed, and the right to enforce com- ‘‘(B) SECRETARY.—In developing and estab- ‘‘(i) cause the proposed regulation or inter- pliance with such standards, except that lishing the model standards under paragraph pretative bulletin and the consensus com- such standards shall be consistent with the (2), the Secretary shall consider the factors mittee’s written comments, along with the purposes of this title and shall be consistent described in section 604(e). Secretary’s response thereto, to be published with the design of the manufacturer.’’; ‘‘(4) ISSUANCE.—The model manufactured in the Federal Register; and (3) by striking subsection (e); home installation standards shall be issued

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.000 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26219 after notice and an opportunity for public ment of the Manufactured Housing Improve- SEC. 609. FEES. comment in accordance with section 553 of ment Act of 2000, provides for an installation Section 620 (42 U.S.C. 5419) is amended to title 5, United States Code. program established by State law that meets read as follows: ‘‘(c) MANUFACTURED HOME INSTALLATION the requirements of section 605(c)(3);’’. ‘‘SEC. 620. AUTHORITY TO COLLECT FEE. PROGRAMS.— SEC. 606. PUBLIC INFORMATION. ‘‘(a) IN GENERAL.—In carrying out inspec- ‘‘(1) PROTECTION OF MANUFACTURED HOUSING Section 607 (42 U.S.C. 5406) is amended— tions under this title, in developing stand- RESIDENTS DURING INITIAL PERIOD.—During (1) in subsection (a)— ards and regulations pursuant to section 604, the 5-year period beginning on the date of (A) by inserting ‘‘to the Secretary’’ after and in facilitating the acceptance of the af- enactment of the Manufactured Housing Im- ‘‘submit’’; and fordability and availability of manufactured provement Act of 2000, no State or manufac- (B) by adding at the end the following: housing within the Department, the Sec- turer may establish or implement any instal- ‘‘The Secretary shall submit such cost and retary may— lation standards that, in the determination other information to the consensus com- ‘‘(1) establish and collect from manufac- of the Secretary, provide less protection to mittee for evaluation.’’; tured home manufacturers a reasonable fee, the residents of manufactured homes than (2) in subsection (d), by inserting ‘‘, the as may be necessary to offset the expenses the protection provided by the installation consensus committee,’’ after ‘‘public’’; and incurred by the Secretary in connection with standards in effect with respect to the State (3) by striking subsection (c) and redesig- carrying out the responsibilities of the Sec- or manufacturer, as applicable, on the date nating subsections (d) and (e) as subsections retary under this title, including— of enactment of the Manufactured Housing (c) and (d), respectively. ‘‘(A) conducting inspections and moni- Improvement Act of 2000. SEC. 607. RESEARCH, TESTING, DEVELOPMENT, toring; ‘‘(2) INSTALLATION STANDARDS.— AND TRAINING. ‘‘(B) providing funding to States for the ad- ‘‘(A) ESTABLISHMENT OF INSTALLATION PRO- (a) IN GENERAL.—Section 608(a) (42 U.S.C. ministration and implementation of ap- GRAM.—Not later than the expiration of the 5407(a)) is amended— proved State plans under section 623, includ- 5-year period described in paragraph (1), the (1) in paragraph (2), by striking ‘‘and’’ at ing reasonable funding for cooperative edu- Secretary shall establish an installation pro- the end; cational and training programs designed to gram that meets the requirements of para- (2) in paragraph (3), by striking the period facilitate uniform enforcement under this graph (3) for the enforcement of installation at the end and inserting a semicolon; and title, which funds may be paid directly to standards in each State described in subpara- (3) by adding at the end the following: the States or may be paid or provided to any ‘‘(4) encouraging the government-spon- graph (B) of this paragraph. person or entity designated to receive and sored housing entities to actively develop ‘‘(B) IMPLEMENTATION OF INSTALLATION PRO- disburse such funds by cooperative agree- and implement secondary market GRAM.—Beginning on the expiration of the 5- ments among participating States, provided securitization programs for the FHA manu- year period described in paragraph (1), the that such person or entity is not otherwise factured home loans and those of other loan Secretary shall implement the installation an agent of the Secretary under this title; programs, as appropriate, thereby promoting program established under subparagraph (A) ‘‘(C) providing the funding for a noncareer the availability of affordable manufactured in each State that does not have an installa- administrator within the Department to ad- homes to increase homeownership for all tion program established by State law that minister the manufactured housing program; people in the United States; and meets the requirements of paragraph (3). ‘‘(D) providing the funding for salaries and ‘‘(5) reviewing the programs for FHA man- ‘‘(C) CONTRACTING OUT OF IMPLEMENTA- ufactured home loans and developing any expenses of employees of the Department to TION.—In carrying out subparagraph (B), the changes to such programs to promote the af- carry out the manufactured housing pro- Secretary may contract with an appropriate fordability of manufactured homes, includ- gram; agent to implement the installation program ing changes in loan terms, amortization peri- ‘‘(E) administering the consensus com- established under that subparagraph, except ods, regulations, and procedures.’’. mittee as set forth in section 604; that such agent shall not be a person or enti- (b) DEFINITIONS.—Section 608 (42 U.S.C. ‘‘(F) facilitating the acceptance of the ty other than a government, nor an affiliate 5407) is amended by adding at the end the fol- quality, durability, safety, and affordability or subsidiary of such a person or entity, that lowing: of manufactured housing within the Depart- has entered into a contract with the Sec- ‘‘(c) DEFINITIONS.—For purposes of this sec- ment; and retary to implement any other regulatory tion, the following definitions shall apply: ‘‘(G) the administration and enforcement program under this title. ‘‘(1) GOVERNMENT-SPONSORED HOUSING ENTI- of the installation standards authorized by ‘‘(3) REQUIREMENTS.—An installation pro- TIES.—The term ‘government-sponsored section 605 in States in which the Secretary gram meets the requirements of this para- housing entities’ means the Government Na- is required to implement an installation pro- graph if it is a program regulating the in- tional Mortgage Association of the Depart- gram after the expiration of the 5-year pe- stallation of manufactured homes that in- ment of Housing and Urban Development, riod set forth in section 605(c)(2)(B), and the cludes— the Federal National Mortgage Association, administration and enforcement of a dispute ‘‘(A) installation standards that, in the de- and the Federal Home Loan Mortgage Cor- resolution program described in section termination of the Secretary, provide pro- poration. 623(c)(12) in States in which the Secretary is tection to the residents of manufactured ‘‘(2) FHA MANUFACTURED HOME LOAN.—The required to implement such a program after homes that equals or exceeds the protection term ‘FHA manufactured home loan’ means the expiration of the 5-year period set forth provided to those residents by— a loan that— in section 623(g)(2); and ‘‘(i) the model manufactured home instal- ‘‘(A) is insured under title I of the National ‘‘(2) subject to subsection (e), use amounts lation standards established by the Sec- Housing Act and is made for the purpose of from any fee collected under paragraph (1) of retary under subsection (b)(2); or financing alterations, repairs, or improve- this subsection to pay expenses referred to in ‘‘(ii) the designs and instructions provided ments on or in connection with an existing that paragraph, which shall be exempt and by manufacturers under subsection (a), if the manufactured home, the purchase of a manu- separate from any limitations on the Depart- Secretary determines that such designs and factured home, the purchase of a manufac- ment regarding full-time equivalent posi- instructions provide protection to the resi- tured home and a lot on which to place the tions and travel. dents of manufactured homes that equals or home, or the purchase only of a lot on which ‘‘(b) CONTRACTORS.—In using amounts from exceeds the protection provided by the model to place a manufactured home; or any fee collected under this section, the Sec- manufactured home installation standards ‘‘(B) is otherwise insured under the Na- retary shall ensure that separate and inde- established by the Secretary under sub- tional Housing Act and made for or in con- pendent contractors are retained to carry section (b)(2); nection with a manufactured home.’’. out monitoring and inspection work and any ‘‘(B) the training and licensing of manufac- SEC. 608. PROHIBITED ACTS. other work that may be delegated to a con- tured home installers; and Section 610(a) (42 U.S.C. 5409(a)) is amend- tractor under this title. ‘‘(C) inspection of the installation of manu- ed— ‘‘(c) PROHIBITED USE.—No amount from factured homes.’’. (1) in paragraph (5), by striking ‘‘or’’ at the any fee collected under this section may be (b) CONFORMING AMENDMENTS.—Section end; used for any purpose or activity not specifi- 623(c) (42 U.S.C. 5422(c)) is amended— (2) in paragraph (6), by striking the period cally authorized by this title, unless such ac- (1) in paragraph (10), by striking ‘‘and’’ at at the end and inserting ‘‘; or’’; and tivity was already engaged in by the Sec- the end; (3) by adding at the end the following new retary prior to the date of enactment of the (2) by redesignating paragraph (11) as para- paragraph: Manufactured Housing Improvement Act of graph (13); and ‘‘(7) after the expiration of the period spec- 2000. (3) by inserting after paragraph (10) the fol- ified in section 605(c)(2)(B), fail to comply ‘‘(d) MODIFICATION.—Beginning on the date lowing: with the requirements for the installation of enactment of the Manufactured Housing ‘‘(11) with respect to any State plan sub- program required by section 605 in any State Improvement Act of 2000, the amount of any mitted on or after the expiration of the 5- that has not adopted and implemented a fee collected under this section may only be year period beginning on the date of enact- State installation program.’’. modified—

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.000 H05DE0 26220 CONGRESSIONAL RECORD—HOUSE December 5, 2000 ‘‘(1) as specifically authorized in advance SEC. 611. ELIMINATION OF ANNUAL REPORTING nation fee not exceeding such amount as the in an annual appropriations Act; and REQUIREMENT. Secretary shall prescribe. ‘‘(2) pursuant to rulemaking in accordance The National Manufactured Housing Con- ‘‘(E) OTHER REQUIREMENTS.—The provisions with section 553 of title 5, United States struction and Safety Standards Act of 1974 of the last sentence of paragraph (1) and Code. (42 U.S.C. 5401 et seq.) is amended— paragraphs (2), (5), (6)(A), (7), and (9) shall ‘‘(e) APPROPRIATION AND DEPOSIT OF (1) by striking section 626 (42 U.S.C. 5425); apply to loans guaranteed under this para- FEES.— and graph, and no other provisions of paragraphs ‘‘(1) IN GENERAL.—There is established in (2) by redesignating sections 627 and 628 (42 (1) through (12) shall apply to such loans. the Treasury of the United States a fund to U.S.C. 5426, 5401 note) as sections 626 and 627, ‘‘(F) AUTHORITY TO ESTABLISH LIMITATION.— be known as the ‘Manufactured Housing Fees respectively. The Secretary may establish limitations on Trust Fund’ for deposit of amounts from any SEC. 612. EFFECTIVE DATE. the number of loans guaranteed under this fee collected under this section. Such The amendments made by this title shall paragraph, which shall be based on market amounts shall be held in trust for use only as take effect on the date of enactment of this conditions and other factors as the Secretary provided in this title. Act, except that the amendments shall have considers appropriate.’’. ‘‘(2) APPROPRIATION.—Amounts from any no effect on any order or interpretative bul- SEC. 702. PROMISSORY NOTE REQUIREMENT fee collected under this section shall be letin that is issued under the National Manu- UNDER HOUSING REPAIR LOAN PRO- available for expenditure only to the extent factured Housing Construction and Safety GRAM. approved in advance in an annual appropria- Standards Act of 1974 (42 U.S.C. 5401 et seq.) The fourth sentence of section 504(a) of the tions Act. Any change in the expenditure of and published as a proposed rule pursuant to Housing Act of 1949 (42 U.S.C. 1474(a)) is such amounts shall be specifically author- section 553 of title 5, United States Code, on amended by striking ‘‘$2,500’’ and inserting ized in advance in an annual appropriations or before that date of enactment. ‘‘$7,500’’. Act. SEC. 613. SAVINGS PROVISIONS. SEC. 703. LIMITED PARTNERSHIP ELIGIBILITY ‘‘(3) PAYMENTS TO STATES.—On and after (a) STANDARDS AND REGULATIONS.—The FOR FARM LABOR HOUSING LOANS. the effective date of the Manufactured Hous- Federal manufactured home construction The first sentence of section 514(a) of the ing Improvement Act of 2000, the Secretary and safety standards (as such term is defined Housing Act of 1949 (42 U.S.C. 1484(a)) is shall continue to fund the States having ap- in section 603 of the National Manufactured amended by striking ‘‘nonprofit limited proved State plans in the amounts which are Housing Construction and Safety Standards partnership’’ and inserting ‘‘limited partner- ship’’. not less than the allocated amounts, based Act of 1974) and all regulations pertaining on the fee distribution system in effect on thereto in effect on the day before the date SEC. 704. PROJECT ACCOUNTING RECORDS AND PRACTICES. the day before such effective date.’’. of enactment of this Act shall apply until Section 515 of the Housing Act of 1949 (42 SEC. 610. DISPUTE RESOLUTION. the effective date of a standard or regulation U.S.C. 1485) is amended by striking sub- Section 623(c) (42 U.S.C. 5422(c)) is amend- modifying or superseding the existing stand- ed— section (z) and inserting the following new ard or regulation that is promulgated under subsections: (1) by inserting after paragraph (11) (as subsection (a) or (b) of section 604 of the Na- added by the preceding provisions of this ‘‘(z) ACCOUNTING AND RECORDKEEPING RE- tional Manufactured Housing Construction QUIREMENTS.— title) the following: and Safety Standards Act of 1974, as amend- ‘‘(12) with respect to any State plan sub- ‘‘(1) ACCOUNTING STANDARDS.—The Sec- ed by this title. retary shall require that borrowers in pro- mitted on or after the expiration of the 5- (b) CONTRACTS.—Any contract awarded year period beginning on the date of enact- grams authorized by this section maintain pursuant to a Request for Proposal issued be- accounting records in accordance with gen- ment of the Manufactured Housing Improve- fore the date of enactment of this Act shall ment Act of 2000, provides for a dispute reso- erally accepted accounting principles for all remain in effect until the earlier of— projects that receive funds from loans made lution program for the timely resolution of (1) the expiration of the 2-year period be- disputes between manufacturers, retailers, or guaranteed by the Secretary under this ginning on the date of enactment of this Act; section. and installers of manufactured homes re- or ‘‘(2) RECORD RETENTION REQUIREMENTS.— garding responsibility, and for the issuance (2) the expiration of the contract term. of appropriate orders, for the correction or The Secretary shall require that borrowers repair of defects in manufactured homes that TITLE VII—RURAL HOUSING in programs authorized by this section re- are reported during the 1-year period begin- HOMEOWNERSHIP tain for a period of not less than 6 years and ning on the date of installation; and’’; and SEC. 701. GUARANTEES FOR REFINANCING OF make available to the Secretary in a manner (2) by adding at the end the following: RURAL HOUSING LOANS. determined by the Secretary, all records re- ‘‘(g) ENFORCEMENT OF DISPUTE RESOLUTION Section 502(h) of the Housing Act of 1949 (42 quired to be maintained under this sub- STANDARDS.— U.S.C. 1472(h)) is amended by adding at the section and other records identified by the ‘‘(1) ESTABLISHMENT OF DISPUTE RESOLUTION end the following new paragraph: Secretary in applicable regulations. PROGRAM.—Not later than the expiration of ‘‘(13) GUARANTEES FOR REFINANCING ‘‘(aa) DOUBLE DAMAGES FOR UNAUTHORIZED the 5-year period beginning on the date of LOANS.— USE OF HOUSING PROJECTS ASSETS AND IN- enactment of the Manufactured Housing Im- ‘‘(A) IN GENERAL.—Upon the request of the COME.— provement Act of 2000, the Secretary shall borrower, the Secretary shall, to the extent ‘‘(1) ACTION TO RECOVER ASSETS OR IN- establish a dispute resolution program that provided in appropriation Acts and subject COME.— meets the requirements of subsection (c)(12) to subparagraph (F), guarantee a loan that is ‘‘(A) IN GENERAL.—The Secretary may re- for dispute resolution in each State de- made to refinance an existing loan that is quest the Attorney General to bring an ac- scribed in paragraph (2) of this subsection. made under this section or guaranteed under tion in a United States district court to re- The order establishing the dispute resolution this subsection, and that the Secretary de- cover any assets or income used by any per- program shall be issued after notice and op- termines complies with the requirements of son in violation of the provisions of a loan portunity for public comment in accordance this paragraph. made or guaranteed by the Secretary under with section 553 of title 5, United States ‘‘(B) INTEREST RATE.—To be eligible for a this section or in violation of any applicable Code. guarantee under this paragraph, the refi- statute or regulation. ‘‘(2) IMPLEMENTATION OF DISPUTE RESOLU- nancing loan shall have a rate of interest ‘‘(B) IMPROPER DOCUMENTATION.—For pur- TION PROGRAM.—Beginning on the expiration that is fixed over the term of the loan and poses of this subsection, a use of assets or in- of the 5-year period described in paragraph does not exceed the interest rate of the loan come in violation of the applicable loan, loan (1), the Secretary shall implement the dis- being refinanced. guarantee, statute, or regulation shall in- pute resolution program established under ‘‘(C) SECURITY.—To be eligible for a guar- clude any use for which the documentation paragraph (1) in each State that has not es- antee under this paragraph, the refinancing in the books and accounts does not establish tablished a dispute resolution program that loan shall be secured by the same single-fam- that the use was made for a reasonable oper- meets the requirements of subsection (c)(12). ily residence as was the loan being refi- ating expense or necessary repair of the ‘‘(3) CONTRACTING OUT OF IMPLEMENTA- nanced, which shall be owned by the bor- project or for which the documentation has TION.—In carrying out paragraph (2), the Sec- rower and occupied by the borrower as the not been maintained in accordance with the retary may contract with an appropriate principal residence of the borrower. requirements of the Secretary and in reason- agent to implement the dispute resolution ‘‘(D) AMOUNT.—To be eligible for a guar- able condition for proper audit. program established under paragraph (2), ex- antee under this paragraph, the principal ob- ‘‘(C) DEFINITION.—For the purposes of this cept that such agent shall not be a person or ligation under the refinancing loan shall not subsection, the term ‘person’ means— entity other than a government, nor an affil- exceed an amount equal to the sum of the ‘‘(i) any individual or entity that borrows iate or subsidiary of such a person or entity, balance of the loan being refinanced and funds in accordance with programs author- that has entered into a contract with the such closing costs as may be authorized by ized by this section; Secretary to implement any other regu- the Secretary, which shall include a discount ‘‘(ii) any individual or entity holding 25 latory program under this title.’’. not exceeding 200 basis points and an origi- percent or more interest of any entity that

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.000 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26221 borrows funds in accordance with programs status as Indians pursuant to the Indian a civil monetary penalty in accordance with authorized by this section; and Self-Determination and Education Assist- this subsection against any individual or en- ‘‘(iii) any officer, director, or partner of an ance Act of 1975 (25 U.S.C. 450 et seq.); or tity, including its owners, officers, directors, entity that borrows funds in accordance with ‘‘(B) any entity established by the gov- general partners, limited partners, or em- programs authorized by this section. erning body of an Indian tribe described in ployees, who knowingly and materially vio- ‘‘(2) AMOUNT RECOVERABLE.— subparagraph (A) for the purpose of financ- late, or participate in the violation of, the ‘‘(A) IN GENERAL.—In any judgment favor- ing economic development.’’; provisions of this title, the regulations able to the United States entered under this (5) in subsection (t), by inserting before the issued by the Secretary pursuant to this subsection, the Attorney General may re- period at the end the following: ‘‘to provide title, or agreements made in accordance cover double the value of the assets and in- guarantees under this section for eligible with this title, by— come of the project that the court deter- loans having an aggregate principal amount ‘‘(A) submitting information to the Sec- mines to have been used in violation of the of $500,000,000’’; retary that is false; provisions of a loan made or guaranteed by (6) by striking subsection (l); ‘‘(B) providing the Secretary with false the Secretary under this section or any ap- (7) by redesignating subsections (m) certifications; plicable statute or regulation, plus all costs through (u) as subsections (l) through (t), re- ‘‘(C) failing to submit information re- related to the action, including reasonable spectively; and quested by the Secretary in a timely man- attorney and auditing fees. (8) by adding at the end the following new ner; ‘‘(B) APPLICATION OF RECOVERED FUNDS.— subsections: ‘‘(D) failing to maintain the property sub- Notwithstanding any other provision of law, ‘‘(u) FEE AUTHORITY.—Any amounts col- ject to loans made or guaranteed under this the Secretary may use amounts recovered lected by the Secretary pursuant to the fees title in good repair and condition, as deter- under this subsection for activities author- charged to lenders for loan guarantees issued mined by the Secretary; ized under this section and such funds shall under this section shall be used to offset ‘‘(E) failing to provide management for a remain available for such use until expended. costs (as defined by section 502 of the Con- project which received a loan made or guar- gressional Budget Act of 1974 (2 U.S.C. 661a)) ‘‘(3) TIME LIMITATION.—Notwithstanding anteed under this title that is acceptable to any other provision of law, an action under of loan guarantees made under this section. the Secretary; or ‘‘(v) DEFAULTS OF LOANS SECURED BY RES- this subsection may be commenced at any ‘‘(F) failing to comply with the provisions ERVATION LANDS.—In the event of a default time during the 6-year period beginning on of applicable civil rights statutes and regula- involving a loan to an Indian tribe or tribal tions. the date that the Secretary discovered or corporation made under this section which is should have discovered the violation of the ‘‘(2) CONDITIONS FOR RENEWAL OR EXTEN- secured by an interest in land within such SION.—The Secretary may require that expir- provisions of this section or any related stat- tribe’s reservation (as determined by the utes or regulations. ing loan or assistance agreements entered Secretary of the Interior), including a com- into under this title shall not be renewed or ‘‘(4) CONTINUED AVAILABILITY OF OTHER munity in Alaska incorporated by the Sec- extended unless the owner executes an agree- REMEDIES.—The remedy provided in this sub- retary of the Interior pursuant to the Indian section is in addition to and not in substi- ment to comply with additional conditions Reorganization Act (25 U.S.C. 461 et seq.), the prescribed by the Secretary, or executes a tution of any other remedies available to the lender shall only pursue liquidation after of- Secretary or the United States.’’. new loan or assistance agreement in the fering to transfer the account to an eligible form prescribed by the Secretary. SEC. 705. DEFINITION OF RURAL AREA. tribal member, the tribe, or the Indian hous- ‘‘(3) AMOUNT.— The second sentence of section 520 of the ing authority serving the tribe. If the lender ‘‘(A) IN GENERAL.—The amount of a civil Housing Act of 1949 (42 U.S.C. 1490) is amend- subsequently proceeds to liquidate the ac- monetary penalty imposed under this sub- ed— count, the lender shall not sell, transfer, or section shall not exceed the greater of— (1) by striking ‘‘1990 decennial census’’ and otherwise dispose of or alienate the property ‘‘(i) twice the damages the Department of inserting ‘‘1990 or 2000 decennial census’’; and except to one of the entities described in the Agriculture, the guaranteed lender, or the (2) by striking ‘‘year 2000’’ and inserting preceding sentence.’’. project that is secured for a loan under this ‘‘year 2010’’. SEC. 708. ENFORCEMENT PROVISIONS. section suffered or would have suffered as a SEC. 706. OPERATING ASSISTANCE FOR MIGRANT (a) IN GENERAL.—Title V of the Housing result of the violation; or FARMWORKERS PROJECTS. Act of 1949 (42 U.S.C. 1471 et seq.) is amended ‘‘(ii) $50,000 per violation. The last sentence of section 521(a)(5)(A) of by adding after section 542 the following: ‘‘(B) DETERMINATION.—In determining the the Housing Act of 1949 (42 U.S.C. ‘‘SEC. 543. ENFORCEMENT PROVISIONS. amount of a civil monetary penalty under 1490a(a)(5)(A)) is amended by striking ‘‘(a) EQUITY SKIMMING.— this subsection, the Secretary shall take ‘‘project’’ and inserting ‘‘tenant or unit’’. ‘‘(1) CRIMINAL PENALTY.—Whoever, as an into consideration— SEC. 707. MULTIFAMILY RENTAL HOUSING LOAN owner, agent, employee, or manager, or is ‘‘(i) the gravity of the offense; GUARANTEE PROGRAM. otherwise in custody, control, or possession ‘‘(ii) any history of prior offenses by the vi- Section 538 of the Housing Act of 1949 (42 of property that is security for a loan made olator (including offenses occurring prior to U.S.C. 1490p–2) is amended— or guaranteed under this title, willfully uses, the enactment of this section); (1) in subsection (c), by inserting ‘‘an In- or authorizes the use, of any part of the ‘‘(iii) the ability of the violator to pay the dian tribe,’’ after ‘‘thereof,’’; rents, assets, proceeds, income, or other penalty; (2) in subsection (f), by striking paragraph funds derived from such property, for any ‘‘(iv) any injury to tenants; (1) and inserting the following new para- purpose other than to meet actual, reason- ‘‘(v) any injury to the public; graph: able, and necessary expenses of the property, ‘‘(vi) any benefits received by the violator ‘‘(1) be made for a period of not less than or for any other purpose not authorized by as a result of the violation; 25 nor greater than 40 years from the date this title or the regulations adopted pursu- ‘‘(vii) deterrence of future violations; and the loan was made and may provide for am- ant to this title, shall be fined under title 18, ‘‘(viii) such other factors as the Secretary ortization of the loan over a period of not to United States Code, or imprisoned not more may establish by regulation. exceed 40 years with a final payment of the than 5 years, or both. ‘‘(4) PAYMENT OF PENALTIES.—No payment balance due at the end of the loan term;’’; ‘‘(2) CIVIL SANCTIONS.—An entity or indi- of a penalty assessed under this section may (3) in subsection (i)(2), by striking ‘‘(A) vidual who as an owner, operator, employee, be made from funds provided under this title conveyance to the Secretary’’ and all that or manager, or who acts as an agent for a or from funds of a project which serve as se- follows through ‘‘(C) assignment’’ and insert- property that is security for a loan made or curity for a loan made or guaranteed under ing ‘‘(A) submission to the Secretary of a guaranteed under this title where any part of this title. claim for payment under the guarantee, and the rents, assets, proceeds, income, or other ‘‘(5) REMEDIES FOR NONCOMPLIANCE.— (B) assignment’’; funds derived from such property are used ‘‘(A) JUDICIAL INTERVENTION.—If a person (4) in subsection (s), by adding at the end for any purpose other than to meet actual, or entity fails to comply with a final deter- the following new subsection: reasonable, and necessary expenses of the mination by the Secretary imposing a civil ‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ property, or for any other purpose not au- monetary penalty under this subsection, the means— thorized by this title or the regulations Secretary may request the Attorney General ‘‘(A) any Indian tribe, band, nation, or adopted pursuant to this title, shall be sub- of the United States to bring an action in an other organized group or community of Indi- ject to a fine of not more than $25,000 per appropriate United States district court to ans, including any Alaska Native village or violation. The sanctions provided in this obtain a monetary judgment against such in- regional or village corporation, as defined by paragraph may be imposed in addition to any dividual or entity and such other relief as or established pursuant to the Alaska Native other civil sanctions or civil monetary pen- may be available. The monetary judgment Claims Settlement Act (43 U.S.C. 1601 et alties authorized by law. may, in the court’s discretion, include the seq.), that is recognized as eligible for the ‘‘(b) CIVIL MONETARY PENALTIES.— attorney’s fees and other expenses incurred special programs and services provided by ‘‘(1) IN GENERAL.—The Secretary may, after by the United States in connection with the the United States to Indians because of their notice and opportunity for a hearing, impose action.

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‘‘(B) REVIEWABILITY OF DETERMINATION.—In tageous to existing and future tenants as the Subtitle B—Authorization of Appropriations an action under this paragraph, the validity terms required by the original loan agree- for Supportive Housing for the Elderly and and appropriateness of a determination by ment or any rental assistance payments con- Persons With Disabilities the Secretary imposing the penalty shall not tract under section 8 of the United States SEC. 821. SUPPORTIVE HOUSING FOR ELDERLY be subject to review.’’. Housing Act of 1937 (or any other rental PERSONS. (b) CONFORMING AMENDMENT.—Section 514 housing assistance programs of the Depart- Section 202 of the Housing Act of 1959 (12 of the Housing Act of 1949 (42 U.S.C. 1484) is ment of Housing and Urban Development, in- U.S.C. 1701q) is amended by adding at the end amended by striking subsection (j). cluding the rent supplement program under the following: SEC. 709. AMENDMENTS TO TITLE 18 OF UNITED section 101 of the Housing and Urban Devel- ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— STATES CODE. opment Act of 1965 (12 U.S.C. 1701s)) relating There are authorized to be appropriated for (a) MONEY LAUNDERING.—Section to the project; and providing assistance under this section such 1956(c)(7)(D) of title 18, United States Code, is (2) the prepayment may involve refi- sums as may be necessary for each of fiscal amended by inserting ‘‘any violation of sec- nancing of the loan if such refinancing re- years 2001, 2002, and 2003.’’. tion 543(a)(1) of the Housing Act of 1949 (re- sults in a lower interest rate on the principal SEC. 822. SUPPORTIVE HOUSING FOR PERSONS lating to equity skimming),’’ after ‘‘coupons WITH DISABILITIES. having a value of not less than $5,000,’’. of the loan for the project and in reductions in debt service related to such loan. Section 811 of the Cranston-Gonzalez Na- (b) OBSTRUCTION OF FEDERAL AUDITS.—Sec- tional Affordable Housing Act (42 U.S.C. 8013) tion 1516(a) of title 18, United States Code, is (b) SOURCES OF REFINANCING.—In the case is amended by striking subsection (m) and amended by inserting ‘‘or relating to any of prepayment under this section involving inserting the following: property that is security for a loan that is refinancing, the project sponsor may refi- ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— made or guaranteed under title V of the nance the project through any third party There are authorized to be appropriated for Housing Act of 1949,’’ before ‘‘shall be fined source, including financing by State and providing assistance under this section such under this title’’. local housing finance agencies, use of tax-ex- sums as may be necessary for each of fiscal TITLE VIII—HOUSING FOR ELDERLY AND empt bonds, multi-family mortgage insur- years 2001, 2002, and 2003.’’. DISABLED FAMILIES ance under the National Housing Act, rein- SEC. 823. SERVICE COORDINATORS AND CON- GREGATE SERVICES FOR ELDERLY SEC. 801. SHORT TITLE. surance, or other credit enhancements, in- This title may be cited as the ‘‘Affordable AND DISABLED HOUSING. cluding risk sharing as provided under sec- Housing for Seniors and Families Act’’. There are authorized to be appropriated to tion 542 of the Housing and Community De- SEC. 802. REGULATIONS. the Secretary such sums as may be nec- The Secretary of Housing and Urban Devel- velopment Act of 1992 (12 U.S.C. 1707 note). essary for each of fiscal years 2001, 2002, and opment (referred to in this title as the ‘‘Sec- For purposes of underwriting a loan insured 2003, for the following purposes: retary’’) shall issue any regulations to carry under the National Housing Act, the Sec- (1) GRANTS FOR SERVICE COORDINATORS FOR out this title and the amendments made by retary may assume that any section 8 rental CERTAIN FEDERALLY ASSISTED MULTIFAMILY this title that the Secretary determines may assistance contract relating to a project will HOUSING.—For grants under section 676 of the Housing and Community Development Act of or will affect tenants of federally assisted be renewed for the term of such loan. housing only after notice and opportunity 1992 (42 U.S.C. 13632) for providing service co- (c) USE OF UNEXPENDED AMOUNTS.—Upon for public comment in accordance with the ordinators. procedure under section 553 of title 5, United execution of the refinancing for a project (2) CONGREGATE SERVICES FOR FEDERALLY States Code, applicable to substantive rules pursuant to this section, the Secretary shall ASSISTED HOUSING.—For contracts under sec- (notwithstanding subsections (a)(2), (b)(B), make available at least 50 percent of the an- tion 802 of the Cranston-Gonzalez National and (d)(3) of such section). Notice of such nual savings resulting from reduced section 8 Affordable Housing Act (42 U.S.C. 8011) to proposed rulemaking shall be provided by or other rental housing assistance contracts provide congregate services programs for eli- gible residents of eligible housing projects publication in the Federal Register. In in a manner that is advantageous to the ten- issuing such regulations, the Secretary shall under subparagraphs (B) through (D) of sub- ants, including— section (k)(6) of such section. take such actions as may be necessary to en- (1) not more than 15 percent of the cost of sure that such tenants are notified of, and increasing the availability or provision of Subtitle C—Expanding Housing Opportuni- ties for the Elderly and Persons With Dis- provided an opportunity to participate in, supportive services, which may include the abilities the rulemaking, as required by such section financing of service coordinators and con- 553. gregate services; PART 1—HOUSING FOR THE ELDERLY SEC. 803. EFFECTIVE DATE. (2) rehabilitation, modernization, or retro- SEC. 831. ELIGIBILITY OF FOR-PROFIT LIMITED (a) IN GENERAL.—The provisions of this fitting of structures, common areas, or indi- PARTNERSHIPS. title and the amendments made by this title vidual dwelling units; Section 202(k)(4) of the Housing Act of 1959 are effective as of the date of enactment of (3) construction of an addition or other fa- (12 U.S.C. 1701q(k)(4)) is amended by insert- this Act, unless such provisions or amend- cility in the project, including assisted liv- ing after subparagraph (C) the following: ments specifically provide for effectiveness ing facilities (or, upon the approval of the ‘‘Such term includes a for-profit limited or applicability upon another date certain. partnership the sole general partner of which Secretary, facilities located in the commu- (b) EFFECT OF REGULATORY AUTHORITY.— is an organization meeting the requirements nity where the project sponsor refinances a Any authority in this title or the amend- under subparagraphs (A), (B), and (C), or a project under this section, or pools shared ments made by this title to issue regula- corporation wholly owned and controlled by tions, and any specific requirement to issue resources from more than 1 such project); or an organization meeting the requirements regulations by a date certain, may not be (4) rent reduction of unassisted tenants re- under subparagraphs (A), (B), and (C).’’. siding in the project according to a pro rata construed to affect the effectiveness or appli- SEC. 832. MIXED FUNDING SOURCES. allocation of shared savings resulting from cability of the provisions of this title or the Section 202(h)(6) of the Housing Act of 1959 the refinancing. amendments made by this title under such (12 U.S.C. 1701q(h)(6)) is amended— provisions and amendments and subsection (d) USE OF CERTAIN PROJECT FUNDS.—The (1) by striking ‘‘non-Federal sources’’ and (a) of this section. Secretary shall allow a project sponsor that inserting ‘‘sources other than this section’’; Subtitle A—Refinancing for Section 202 is prepaying and refinancing a project under and Supportive Housing for the Elderly this section— (2) by adding at the end the following new SEC. 811. PREPAYMENT AND REFINANCING. (1) to use any residual receipts held for sentence: ‘‘Notwithstanding any other provi- (a) APPROVAL OF PREPAYMENT OF DEBT.— that project in excess of $500 per individual sion of law, assistance amounts provided Upon request of the project sponsor of a dwelling unit for not more than 15 percent of under this section may be treated as project assisted with a loan under section 202 the cost of activities designed to increase the amounts not derived from a Federal grant.’’. of the Housing Act of 1959 (as in effect before availability or provision of supportive serv- SEC. 833. AUTHORITY TO ACQUIRE STRUCTURES. the enactment of the Cranston-Gonzalez Na- ices; and Section 202 of the Housing Act of 1959 (12 tional Affordable Housing Act), the Sec- (2) to use any reserves for replacement in U.S.C. 1701q) is amended— retary shall approve the prepayment of any excess of $1,000 per individual dwelling unit (1) in subsection (b), by striking ‘‘from the indebtedness to the Secretary relating to for activities described in paragraphs (2) and Resolution Trust Corporation’’; and any remaining principal and interest under (3) of subsection (c). (2) in subsection (h)(2)— the loan as part of a prepayment plan under (A) in the paragraph heading, by striking which— (e) BUDGET ACT COMPLIANCE.—This section ‘‘RTC PROPERTIES’’ and inserting ‘‘ACQUISI- (1) the project sponsor agrees to operate shall be effective only to extent or in such TION’’; and the project until the maturity date of the amounts that are provided in advance in ap- (B) by striking ‘‘from the Resolution’’ and original loan under terms at least as advan- propriation Acts. all that follows through ‘‘Insurance Act’’.

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.000 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26223 SEC. 834. USE OF PROJECT RESERVES. profit organizations rather than through (1) in the first sentence of subsection (a), Section 202(j) of the Housing Act of 1959 (12 public housing agencies. by striking ‘‘to carry out this subtitle pursu- U.S.C. 1701q(j)) is amended by adding at the ‘‘(C) ALLOCATION OF ASSISTANCE.—In deter- ant to the amendments made by this sub- end the following: mining the amount of assistance provided title’’ and inserting the following: ‘‘for pro- ‘‘(8) USE OF PROJECT RESERVES.—Amounts under subsection (b)(1) for a private non- viding service coordinators under this sec- for project reserves for a project assisted profit organization or public housing agency, tion’’; under this section may be used for costs, the Secretary shall consider the needs and (2) in subsection (d), by inserting ‘‘)’’ after subject to reasonable limitations as the Sec- capabilities of the organization or agency, in ‘‘section 683(2)’’; and retary determines appropriate, for reducing the case of a public housing agency, as de- (3) by adding at the end following: the number of dwelling units in the project. scribed in the plan for the agency under sec- ‘‘(e) SERVICES FOR LOW-INCOME ELDERLY OR Such use shall be subject to the approval of tion 7 of the United States Housing Act of DISABLED FAMILIES RESIDING IN VICINITY OF the Secretary to ensure that the use is de- 1937.’’; and CERTAIN PROJECTS.—To the extent only that signed to retrofit units that are currently (2) in subsection (l)(1)— this section applies to service coordinators obsolete or unmarketable.’’. (A) by striking ‘‘subsection (b)’’ and insert- for covered federally assisted housing de- SEC. 835. COMMERCIAL ACTIVITIES. ing ‘‘subsection (b)(2)’’; and scribed in subparagraphs (B), (C), (D), (E), Section 202(h)(1) of the Housing Act of 1959 (B) by striking the last comma and all that (F), and (G) of section 683(2), any reference in (12 U.S.C. 1701q(h)(1)) is amended by adding follows through ‘‘subsection (n)’’. this section to elderly or disabled residents at the end the following: ‘‘Neither this sec- SEC. 844. USE OF PROJECT RESERVES. of a project shall be construed to include tion nor any other provision of law may be Section 811(j) of the Cranston-Gonzalez Na- low-income elderly or disabled families liv- construed as prohibiting or preventing the tional Affordable Housing Act (42 U.S.C. ing in the vicinity of such project.’’. location and operation, in a project assisted 8013(j)) is amended by adding at the end the (c) PROTECTION AGAINST TELEMARKETING under this section, of commercial facilities following: FRAUD.— for the benefit of residents of the project and ‘‘(7) USE OF PROJECT RESERVES.—Amounts (1) SUPPORTIVE HOUSING FOR THE ELDER- the community in which the project is lo- for project reserves for a project assisted LY.—The first sentence of section 202(g)(1) of cated, except that assistance made available under this section may be used for costs, the Housing Act of 1959 (12 U.S.C. 1701q(g)(1)) under this section may not be used to sub- subject to reasonable limitations as the Sec- is amended by striking ‘‘and (F)’’ and insert- sidize any such commercial facility.’’. retary determines appropriate, for reducing ing the following: ‘‘(F) providing education the number of dwelling units in the project. and outreach regarding telemarketing fraud, PART 2—HOUSING FOR PERSONS WITH Such use shall be subject to the approval of in accordance with the standards issued DISABILITIES the Secretary to ensure that the use is de- under section 671(f) of the Housing and Com- SEC. 841. ELIGIBILITY OF FOR-PROFIT LIMITED signed to retrofit units that are currently munity Development Act of 1992 (42 U.S.C. PARTNERSHIPS. obsolete or unmarketable.’’. 13631(f)); and (G)’’. Section 811(k)(6) of the Housing Act of 1959 SEC. 845. COMMERCIAL ACTIVITIES. (2) OTHER FEDERALLY ASSISTED HOUSING.— (42 U.S.C. 8013(k)(6)) is amended by inserting Section 811(h)(1) of the Cranston-Gonzalez Section 671 of the Housing and Community after subparagraph (D) the following: National Affordable Housing Act (42 U.S.C. Development Act of 1992 (42 U.S.C. 13631), as ‘‘Such term includes a for-profit limited 8013(h)(1)) is amended by adding at the end amended by subsection (b) of this section, is partnership the sole general partner of which the following: ‘‘Neither this section nor any further amended— is an organization meeting the requirements other provision of law may be construed as (A) in the first sentence of subsection (c), under subparagraphs (A), (B), (C), and (D) or prohibiting or preventing the location and by inserting after ‘‘response,’’ the following: a corporation wholly owned and controlled operation, in a project assisted under this ‘‘education and outreach regarding tele- by an organization meeting the requirements section, of commercial facilities for the ben- marketing fraud in accordance with the under subparagraphs (A), (B), (C), and (D).’’. efit of residents of the project and the com- standards issued under subsection (f),’’; and SEC. 842. MIXED FUNDING SOURCES. munity in which the project is located, ex- (B) by adding at the end the following: Section 811(h)(5) of the Cranston-Gonzalez cept that assistance made available under ‘‘(f) PROTECTION AGAINST TELEMARKETING National Affordable Housing Act (42 U.S.C. this section may not be used to subsidize any FRAUD.— 8013(h)(5)) is amended— such commercial facility.’’. ‘‘(1) IN GENERAL.—The Secretary, in coordi- (1) by striking ‘‘non-Federal sources’’ and PART 3—OTHER PROVISIONS nation with the Secretary of Health and inserting ‘‘sources other than this section’’; SEC. 851. SERVICE COORDINATORS. Human Services, shall establish standards and (a) INCREASED FLEXIBILITY FOR USE OF for service coordinators in federally assisted (2) by adding at the end the following new SERVICE COORDINATORS IN CERTAIN FEDER- housing who are providing education and sentence: ‘‘Notwithstanding any other provi- ALLY ASSISTED HOUSING.—Section 676 of the outreach to elderly persons residing in such sion of law, assistance amounts provided Housing and Community Development Act of housing regarding telemarketing fraud. The under this section may be treated as 1992 (42 U.S.C. 13632) is amended— standards shall be designed to ensure that amounts not derived from a Federal grant.’’. (1) in the section heading, by striking such education and outreach informs such el- SEC. 843. TENANT-BASED ASSISTANCE. ‘‘MULTIFAMILY HOUSING ASSISTED derly persons of the dangers of tele- Section 811 of the Cranston-Gonzalez Na- UNDER NATIONAL HOUSING ACT’’ and in- marketing fraud and facilitates the inves- tional Affordable Housing Act (42 U.S.C. 8013) serting ‘‘CERTAIN FEDERALLY ASSISTED tigation and prosecution of telemarketers is amended— HOUSING’’; engaging in fraud against such residents. (1) in subsection (d), by striking paragraph (2) in subsection (a)— ‘‘(2) CONTENTS.—The standards established (4) and inserting the following: (A) in the first sentence, by striking ‘‘(E) under this subsection shall require that any ‘‘(4) TENANT-BASED RENTAL ASSISTANCE.— and (F)’’ and inserting ‘‘(B), (C), (D), (E), (F), such education and outreach be provided in a ‘‘(A) ADMINISTERING ENTITIES.—Tenant- and (G)’’; and manner that— based rental assistance provided under sub- (B) in the last sentence— ‘‘(A) informs such residents of— section (b)(1) may be provided only through (i) by striking ‘‘section 661’’ and inserting ‘‘(i) the prevalence of telemarketing fraud a public housing agency that has submitted ‘‘section 671’’; and targeted against elderly persons; and had approved an plan under section 7(d) (ii) by adding at the end the following: ‘‘A ‘‘(ii) how telemarketing fraud works; of the United States Housing Act of 1937 (42 service coordinator funded with a grant ‘‘(iii) how to identify telemarketing fraud; U.S.C. 1437e(d)) that provides for such assist- under this section for a project may provide ‘‘(iv) how to protect themselves against ance, or through a private nonprofit organi- services to low-income elderly or disabled telemarketing fraud, including an expla- zation. A public housing agency shall be eli- families living in the vicinity of such nation of the dangers of providing bank ac- gible to apply under this section only for the project.’’; count, credit card, or other financial or per- purposes of providing such tenant-based (3) in subsection (d)— sonal information over the telephone to un- rental assistance. (A) by striking ‘‘(E) or (F)’’ and inserting solicited callers; ‘‘(B) PROGRAM RULES.—Tenant-based rental ‘‘(B), (C), (D), (E), (F), or (G)’’; and ‘‘(v) how to report suspected attempts at assistance under subsection (b)(1) shall be (B) by striking ‘‘section 661’’ and inserting telemarketing fraud; and made available to eligible persons with dis- ‘‘section 671’’; and ‘‘(vi) their consumer protection rights abilities and administered under the same (4) by striking subsection (c) and redesig- under Federal law; rules that govern tenant-based rental assist- nating subsection (d) (as amended by para- ‘‘(B) provides such other information as ance made available under section 8 of the graph (3) of this subsection) as subsection the Secretary considers necessary to protect United States Housing Act of 1937, except (c). such residents against fraudulent tele- that the Secretary may waive or modify (b) REQUIREMENT TO PROVIDE SERVICE CO- marketing; and such rules, but only to the extent necessary ORDINATORS.—Section 671 of the Housing and ‘‘(C) disseminates the information provided to provide for administering such assistance Community Development Act of 1992 (42 by appropriate means, and in determining under subsection (b)(1) through private non- U.S.C. 13631) is amended— such appropriate means, the Secretary shall

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.000 H05DE0 26224 CONGRESSIONAL RECORD—HOUSE December 5, 2000 consider on-site presentations at federally 1437f(t)(1)(B)), as amended by the Depart- (A) by striking ‘‘the site’’ and inserting assisted housing, public service announce- ments of Veterans Affairs and Housing and ‘‘any site’’; and ments, a printed manual or pamphlet, an Urban Development, and Independent Agen- (B) by inserting ‘‘or buildings’’ after Internet website, and telephone outreach to cies Appropriations Act, 2001, is amended by ‘‘building’’ each place such term appears. residents whose names appear on ‘mooch inserting before the semicolon at the end the SEC. 1002. POSITIONS OF BOARD OF GOVERNORS lists’ confiscated from fraudulent tele- following: ‘‘, except that a limit shall not be OF THE FEDERAL RESERVE SYSTEM marketers.’’. considered reasonable for purposes of this ON THE EXECUTIVE SCHEDULE. Subtitle D—Preservation of Affordable subparagraph if it adversely affects such as- (a) IN GENERAL.— Housing Stock sisted families’’. (1) POSITIONS AT LEVEL I OF THE EXECUTIVE (b) EFFECTIVE DATE.—The amendment SCHEDULE.—Section 5312 of title 5, United SEC. 861. SECTION 236 ASSISTANCE. under subsection (a) shall be made and shall States Code, is amended by adding at the end (a) EXTENSION OF AUTHORITY TO RETAIN EX- apply— the following: CESS CHARGES.—Section 236(g) of the Na- (1) upon the enactment of this Act, if the ‘‘Chairman, Board of Governors of the Fed- tional Housing Act (12 U.S.C. 1715z–1(g)), as Departments of Veterans Affairs and Hous- amended by the Departments of Veterans Af- eral Reserve System.’’. ing and Urban Development, and Inde- (2) POSITIONS AT LEVEL II OF THE EXECUTIVE fairs and Housing and Urban Development, pendent Agencies Appropriations Act, 2001, is and Independent Agencies Appropriations SCHEDULE.—Section 5313 of title 5, United enacted before the enactment of this Act; States Code, is amended— Act, 2001, is amended— and (1) in paragraph (2), by striking ‘‘Subject (A) by striking ‘‘Chairman, Board of Gov- (2) immediately after the enactment of ernors of the Federal Reserve System.’’; and to paragraph (3) and notwithstanding’’ and such appropriations Act, if such appropria- inserting ‘‘Notwithstanding’’; and (B) by adding at the end the following: tions Act is enacted after the enactment of ‘‘Members, Board of Governors of the Fed- (2) by striking paragraph (3) and redesig- this Act. nating paragraph (4) as paragraph (3). eral Reserve System.’’. SEC. 904. USE OF SECTION 8 ASSISTANCE BY (b) TREATMENT OF EXCESS CHARGES PRE- (3) POSITIONS AT LEVEL III OF THE EXECUTIVE ‘‘GRAND-FAMILIES’’ TO RENT DWELL- SCHEDULE.—Section 5314 of title 5, United VIOUSLY COLLECTED.—Any excess charges ING UNITS IN ASSISTED PROJECTS. States Code, is amended by striking ‘‘Mem- that a project owner may retain pursuant to Section 215(a) of the Cranston-Gonzalez bers, Board of Governors of the Federal Re- the amendments made by subsections (b) and National Affordable Housing Act (42 U.S.C. serve System.’’. (c) of section 532 of the Departments of Vet- 12745(a)) is amended by adding at the end the (b) EFFECTIVE DATE.—This section and the erans Affairs and Housing and Urban Devel- following new paragraph: opment, and Independent Agencies Appro- amendments made by this section shall take ‘‘(6) WAIVER OF QUALIFYING RENT.— effect on the first day of the first pay period priations Act, 2000 (Public Law 106–74; 113 ‘‘(A) IN GENERAL.—For the purpose of pro- Stat. 1116) that have been collected by such for the Chairman and Members of the Board viding affordable housing appropriate for of Governors of the Federal Reserve System owner since the date of the enactment of families described in subparagraph (B), the such Appropriations Act and that such owner beginning on or after the date of enactment Secretary may, upon the application of the of this Act. has not remitted to the Secretary of Housing project owner, waive the applicability of sub- and Urban Development may be retained by SEC. 1003. AMENDMENTS TO THE FEDERAL RE- paragraph (A) of paragraph (1) with respect SERVE ACT. such owner unless such Secretary otherwise to a dwelling unit if— provides. To the extent that a project owner (a) REPEAL.—Section 2A of the Federal Re- ‘‘(i) the unit is occupied by such a family, serve Act (12 U.S.C. 225a) is amended by has remitted such excess charges to the Sec- on whose behalf tenant-based assistance is retary since such date of enactment, the Sec- striking all after the first sentence. provided under section 8 of the United States retary may return to the relevant project (b) APPEARANCES BEFORE AND REPORTS TO Housing Act of 1937 (42 U.S.C. 1437f); owner any such excess charges remitted. THE CONGRESS.— ‘‘(ii) the rent for the unit is not greater Notwithstanding any other provision of law, (1) IN GENERAL.—The Federal Reserve Act than the existing fair market rent for com- amounts in the Rental Housing Assistance (12 U.S.C. 221 et seq.) is amended by inserting parable units in the area, as established by Fund, or heretofore or subsequently trans- after section 2A the following new section: the Secretary under section 8 of the United ferred from the Rental Housing Assistance ‘‘SEC. 2B. APPEARANCES BEFORE AND REPORTS States Housing Act of 1937; and Fund to the Flexible Subsidy Fund, shall be TO THE CONGRESS. ‘‘(iii) the Secretary determines that the available to make such return of excess ‘‘(a) APPEARANCES BEFORE THE CONGRESS.— charges previously remitted to the Sec- waiver, together with waivers under this (1) IN GENERAL.—The Chairman of the retary, including the return of excess paragraph for other dwelling units in the Board shall appear before the Congress at charges referred to in section 532(e) of such project, will result in the use of amounts de- semi-annual hearings, as specified in para- Appropriations Act. scribed in clause (iii) in an effective manner graph (2), regarding— that will improve the provision of affordable ‘‘(A) the efforts, activities, objectives and TITLE IX—OTHER RELATED HOUSING housing for such families. PROVISIONS plans of the Board and the Federal Open ‘‘(B) ELIGIBLE FAMILIES.—A family de- Market Committee with respect to the con- SEC. 901. EXTENSION OF LOAN TERM FOR MANU- scribed in this subparagraph is a family that FACTURED HOME LOTS. duct of monetary policy; and consists of at least one elderly person (who is ‘‘(B) economic developments and prospects Section 2(b)(3)(E) of the National Housing the head of household) and one or more of Act (12 U.S.C. 1703(b)(3)(E)) is amended by for the future described in the report re- such person’s grand children, great grand- quired in subsection (b). striking ‘‘fifteen’’ and inserting ‘‘twenty’’. children, great nieces, great nephews, or ‘‘(2) SCHEDULE.—The Chairman of the SEC. 902. USE OF SECTION 8 VOUCHERS FOR OPT- great great grandchildren (as defined by the OUTS. Board shall appear— Secretary), but does not include any parent ‘‘(A) before the Committee on Banking and (a) IN GENERAL.—Section 8(t)(2) of the of such grandchildren, great grandchildren, United States Housing Act of 1937 (42 U.S.C. Financial Services of the House of Rep- great nieces, great nephews, or great great 1437f(t)(2)), as amended by the Departments resentatives on or about February 20 of even grandchildren. Such term includes any such of Veterans Affairs and Housing and Urban numbered calendar years and on or about grandchildren, great grandchildren, great Development, and Independent Agencies Ap- July 20 of odd numbered calendar years; nieces, great nephews, or great great grand- propriations Act, 2001, is amended by strik- ‘‘(B) before the Committee on Banking, ing ‘‘fiscal year 1996’’ and inserting ‘‘fiscal children who have been legally adopted by Housing, and Urban Affairs of the Senate on year 1994’’. such elderly person.’’. or about July 20 of even numbered calendar (b) EFFECTIVE DATE.—The amendment TITLE X—FEDERAL RESERVE BOARD years and on or about February 20 of odd under subsection (a) shall be made and shall PROVISIONS numbered calendar years; and apply— SEC. 1001. FEDERAL RESERVE BOARD BUILD- ‘‘(C) before either Committee referred to in (1) upon the enactment of this Act, if the INGS. subparagraph (A) or (B), upon request, fol- Departments of Veterans Affairs and Hous- The 3rd undesignated paragraph of section lowing the scheduled appearance of the ing and Urban Development, and Inde- 10 of the Federal Reserve Act (12 U.S.C. 243) Chairman before the other Committee under pendent Agencies Appropriations Act, 2001, is is amended— subparagraph (A) or (B). enacted before the enactment of this Act; (1) by inserting after the 1st sentence the ‘‘(b) CONGRESSIONAL REPORT.—The Board and following new sentence: ‘‘After September 1, shall, concurrent with each semi-annual (2) immediately after the enactment of 2000, the Board may also use such assess- hearing required by this section, submit a such appropriations Act, if such appropria- ments to acquire, in its own name, a site or written report to the Committee on Bank- tions Act is enacted after the enactment of building (in addition to the facilities exist- ing, Housing, and Urban Affairs of the Sen- this Act. ing on such date) to provide for the perform- ate and the Committee on Banking and Fi- SEC. 903. MAXIMUM PAYMENT STANDARD FOR ance of the functions of the Board.’’; and nancial Services of the House of Representa- ENHANCED VOUCHERS. (2) in the sentences following the sentence tives, containing a discussion of the conduct (a) IN GENERAL.—Section 8(t)(1)(B) of the added by the amendment made by paragraph of monetary policy and economic develop- United States Housing Act of 1937 (42 U.S.C. (1) of this section— ments and prospects for the future, taking

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.001 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26225 into account past and prospective develop- (27) Section 707 of the Equal Credit Oppor- reports required under paragraphs (2) and (6) ments in employment, unemployment, pro- tunity Act (15 U.S.C. 1691f). of section 808(e) of the Civil Rights Act of duction, investment, real income, produc- (28) Section 114 of the Truth in Lending 1968, the reports required under subsections tivity, exchange rates, international trade Act (15 U.S.C. 1613). (a) and (b) of section 1061 of the Housing and and payments, and prices.’’. (29) The seventh undesignated paragraph of Community Development Act of 1992, the re- TITLE XI—BANKING AND HOUSING section 10 of the Federal Reserve Act (12 port required under section 802 of the Hous- AGENCY REPORTS U.S.C. 247). ing Act of 1954, and the report required under (30) The tenth undesignated paragraph of section 4(e)(2) of this Act.’’. SEC. 1101. SHORT TITLE. section 10 of the Federal Reserve Act (12 (f) FEDERAL HOUSING ADMINISTRATION.— This title may be cited as the ‘‘Federal Re- U.S.C. 247a). Section 203(v) of the National Housing Act porting Act of 2000’’. (31) Section 815 of the Fair Debt Collection (12 U.S.C. 1709(v)), as added by section 504 of SEC. 1102. PRESERVATION OF CERTAIN REPORT- Practices Act (15 U.S.C. 1692m). the Housing and Community Development ING REQUIREMENTS. (32) Section 102(d) of the Federal Credit Act of 1992, is amended by adding at the end Section 3003(a)(1) of the Federal Reports Union Act (12 U.S.C. 1752a(d)). the following new sentence: Elimination and Sunset Act of 1995 (31 U.S.C. (33) Section 21B(i) of the Federal Home ‘‘The report required under this subsection 1113 note) shall not apply to any report re- Loan Bank Act (12 U.S.C. 1441b(i)). shall include the report required under sec- quired to be submitted under any of the fol- (34) Section 607(a) of the Housing and Com- tion 540(c) and the report required under sec- lowing provisions of law: munity Development Amendments of 1978 (42 tion 205(g).’’. (1) Section 3 of the Employment Act of 1946 U.S.C. 8106(a)). (g) INTERNATIONAL FINANCIAL INSTITUTIONS (15 U.S.C. 1022). (35) Section 708(l) of the Defense Produc- ACT.—Section 701(c)(1) of the International (2) Section 309 of the Defense Production tion Act of 1950 (50 U.S.C. Ap. 2158(l)). Financial Institutions Act (22 U.S.C. Act of 1950 (50 U.S.C. App. 2099). (36) Section 2546 of the Comprehensive 262d(c)(1)) is amended by striking ‘‘Not (3) Section 603 of the Public Works and Thrift and Bank Fraud Prosecution and Tax- later’’ and all that follows through ‘‘quar- Economic Development Act of 1965 (42 U.S.C. payer Recovery Act of 1990 (28 U.S.C. 522 terly’’ and inserting ‘‘The Secretary of the 3213). note). Treasury shall report annually’’. (4) Section 7(o)(1) of the Department of (37) Section 202(b)(8) of the National Hous- SEC. 1104. ELIMINATION OF CERTAIN REPORTING Housing and Urban Development Act (42 ing Act (12 U.S.C. 1708(b)(8)). REQUIREMENTS. (a) EXPORT-IMPORT BANK.—The Export-Im- U.S.C. 3535(o)(1)). SEC. 1103. COORDINATION OF REPORTING RE- (5) Section 540(c) of the National Housing QUIREMENTS. port Bank Act of 1945 (12 U.S.C. 635 et seq.) is amended— Act (12 U.S.C. 1735f–18(c)). (a) FEDERAL DEPOSIT INSURANCE CORPORA- (1) in section 2(b)(1)(D)— (6) Paragraphs (2) and (6) of section 808(e) TION.—Section 17(a) of the Federal Deposit of the Civil Rights Act of 1968 (42 U.S.C. Insurance Act (12 U.S.C. 1827(a)) is amended (A) by striking ‘‘(i)’’; and 3608(e)). by adding at the end the following new para- (B) by striking clause (ii); (7) Section 1061 of the Housing and Commu- graph: (2) in section 2(b)(8), by striking the last sentence; nity Development Act of 1992 (42 U.S.C. 4856). ‘‘(3) COORDINATION WITH OTHER REPORT RE- (3) in section 6(b), by striking paragraph (2) (8) Section 203(v) of the National Housing QUIREMENTS.—The report required under this Act (12 U.S.C. 1709(v)), as added by section subsection shall include the report required and redesignating paragraph (3) as paragraph 504 of the Housing and Community Develop- under section 18(f)(7) of the Federal Trade (2); and ment Act of 1992 (Public Law 102–550; 106 Commission Act.’’. (4) in section 8, by striking subsections (b) Stat. 3780). (b) BOARD OF GOVERNORS OF THE FEDERAL and (d) and redesignating subsections (c) and (9) Section 802 of the Housing Act of 1954 RESERVE SYSTEM.—The 7th undesignated (e) as subsections (b) and (c), respectively. (b) FEDERAL DEPOSIT INSURANCE CORPORA- (12 U.S.C. 1701o). paragraph of section 10 of the Federal Re- TION.—Section 17 of the Federal Deposit In- (10) Section 8 of the Department of Hous- serve Act (12 U.S.C. 247) is amended by add- surance Act (12 U.S.C. 1827) is amended by ing and Urban Development Act (42 U.S.C. ing at the end the following new sentence: striking subsection (h). 3536). ‘‘The report required under this paragraph (11) Section 1320 of the National Flood In- shall include the reports required under sec- TITLE XII—FINANCIAL REGULATORY surance Act of 1968 (42 U.S.C. 4027). tion 707 of the Equal Credit Opportunity Act, RELIEF (12) Section 4(e)(2) of the Department of section 18(f)(7) of the Federal Trade Commis- SEC. 1200. SHORT TITLE. Housing and Urban Development Act (42 sion Act, section 114 of the Truth in Lending This title may be cited as the ‘‘Financial U.S.C. 3533(e)(2). Act, and the 10th undesignated paragraph of Regulatory Relief and Economic Efficiency (13) Section 205(g) of the National Housing this section.’’. Act of 2000’’. Act (12 U.S.C. 1711(g)). (c) COMPTROLLER OF THE CURRENCY.—Sec- Subtitle A—Improving Monetary Policy and (14) Section 701(c)(1) of the International tion 333 of the Revised Statutes of the Financial Institution Management Practices Financial Institutions Act (22 U.S.C. United States (12 U.S.C. 14) is amended by SEC. 1201. REPEAL OF SAVINGS ASSOCIATION LI- 262d(c)(1)). adding at the end the following new sen- QUIDITY PROVISION. (15) Paragraphs (1) and (2) of section 5302(c) tence: ‘‘The report required under this sec- (a) REPEAL OF LIQUIDITY PROVISION.—Sec- of title 31, United States Code. tion shall include the report required under tion 6 of the Home Owners’ Loan Act (12 (16) Section 18(f)(7) of the Federal Trade section 18(f)(7) of the Federal Trade Commis- U.S.C. 1465) is hereby repealed. Commission Act. (15 U.S.C. 57a(f)(7)). sion Act.’’. (b) CONFORMING AMENDMENTS.— (17) Section 333 of the Revised Statutes of (d) EXPORT-IMPORT BANK.— (1) SECTION 5.—Section 5(c)(1)(M) of the the United States (12 U.S.C. 14). (1) IN GENERAL.— Section 2(b)(1)(A) of the Home Owners’ Loan Act (12 U.S.C. (18) Section 3(g) of the Home Owners’ Loan Export-Import Bank Act of 1945 (12 U.S.C. 1464(c)(1)(M)) is amended to read as follows: Act (12 U.S.C. 1462a(g)). 635(b)(1)(A)) is amended— ‘‘(M) LIQUIDITY INVESTMENTS.—Investments (19) Section 304 of the Appalachian Re- (A) by striking ‘‘a annual’’ and inserting (other than equity investments), identified gional Development Act of 1965 (40 U.S.C. ‘‘an annual’’; and by the Director, for liquidity purposes, in- App. 304). (B) by adding at the end the following new cluding cash, funds on deposit at a Federal (20) Sections 2(b)(1)(A), 8(a), 8(c), 10(g)(1), sentence: ‘‘The annual report required under reserve bank or a Federal home loan bank, and 11(c) of the Export-Import Bank Act of this subparagraph shall include the report or bankers’ acceptances.’’. 1945 (12 U.S.C. 635(b)(1)(A), 635g(a), 635g(c), required under section 10(g).’’. (2) SECTION 10.—Section 10(m)(4)(B)(iii) of 635i–3(g), and 635i–5(c)). (2) TECHNICAL AND CONFORMING AMEND- the Home Owners’ Loan Act (12 U.S.C. (21) Section 17(a) of the Federal Deposit In- MENT.—Section 10(g)(1) of the Export-Import 1467a(m)(4)(B)(iii)) is amended by inserting surance Act (12 U.S.C. 1827(a)). Bank Act of 1945 (12 U.S.C. 635i–3(g)(1)) is ‘‘as in effect on the day before the date of (22) Section 13 of the Federal Financing amended— the enactment of the Financial Regulatory Bank Act of 1973 (12 U.S.C. 2292). (A) by striking ‘‘On or’’ and all that fol- Relief and Economic Efficiency Act of 2000,’’ (23) Section 2B(d) of the Federal Home lows through ‘‘the Bank’’ and inserting ‘‘The after ‘‘Loan Act,’’. Loan Bank Act (12 U.S.C. 1422b(d)). Bank’’; and SEC. 1202. NONCONTROLLING INVESTMENTS BY (24) Section 1002(b) of Financial Institu- (B) by striking ‘‘a report’’ and inserting SAVINGS ASSOCIATION HOLDING tions Reform, Recovery, and Enforcement ‘‘an annual report’’. COMPANIES. Act of 1989 (12 U.S.C. 1811 note). (e) DEPARTMENT OF HOUSING AND URBAN Section 10(e)(1)(A)(iii) of the Home Owners’ (25) Section 8 of the Fair Credit and Charge DEVELOPMENT.—Section 8 of the Department Loan Act (12 U.S.C. 1467a(e)(1)(A)(iii)) is Card Disclosure Act of 1988 (15 U.S.C. 1637 of Housing and Urban Development Act (42 amended— note). U.S.C. 3536) is amended by adding at the end (1) by inserting ‘‘, except with the prior (26) Section 136(b)(4)(B) of the Truth in the following new sentence: ‘‘The report re- written approval of the Director,’’ after ‘‘or Lending Act (15 U.S.C. 1646(b)(4)(B)). quired under this section shall include the to retain’’; and

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.001 H05DE0 26226 CONGRESSIONAL RECORD—HOUSE December 5, 2000 (2) by striking ‘‘so acquire or retain’’ and (1) by striking ‘‘for one year’’ and inserting (1) in subsection (a)(1), by inserting ‘‘(or inserting ‘‘acquire or retain, and the Direc- ‘‘for a period of not more than 3 years’’; and such other percentage exceeding 90 percent tor may not authorize acquisition or reten- (2) by adding at the end the following: ‘‘In but not exceeding 100 percent, as may be de- tion of,’’. accordance with regulations issued by the termined under subsection (b))’’ after ‘‘90 SEC. 1203. REPEAL OF DEPOSIT BROKER NOTIFI- Comptroller of the Currency, a national percent’’; CATION AND RECORDKEEPING RE- bank may adopt bylaws that provide for (2) by redesignating subsections (b) and (c) QUIREMENT. staggering the terms of its directors.’’. as subsections (c) and (d), respectively, and Section 29A of the Federal Deposit Insur- (b) AMENDMENT TO THE BANKING ACT OF by inserting after subsection (a) the fol- ance Act (12 U.S.C. 1831f–1) is hereby re- 1933.—Section 31 of the Banking Act of 1933 lowing new subsection: pealed. (12 U.S.C. 71a) is amended in the first sen- ‘‘(b) AUTHORITY TO DETERMINE PERCENTAGE SEC. 1204. EXPEDITED PROCEDURES FOR CER- tence, by inserting before the period ‘‘, ex- BY WHICH TO DISCOUNT VALUE OF SERVICING TAIN REORGANIZATIONS. cept that the Comptroller of the Currency RIGHTS.—The appropriate Federal banking The National Bank Consolidation and may, by regulation or order, exempt a na- agencies may allow readily marketable pur- Merger Act (12 U.S.C. 215 et seq.) is amend- tional bank from the 25-member limit estab- chased mortgage servicing rights to be val- ed— lished by this section’’. ued at more than 90 percent of their fair (1) by redesignating section 5 as section 7; SEC. 1206. AMENDMENT TO NATIONAL BANK CON- market value but at not more than 100 per- and SOLIDATION AND MERGER ACT. cent of such value, if such agencies jointly (2) by inserting after section 4 the fol- The National Bank Consolidation and make a finding that such valuation would lowing new section: Merger Act (12 U.S.C. 215 et seq.) is amended not have an adverse effect on the deposit in- ‘‘SEC. 5. EXPEDITED PROCEDURES FOR CERTAIN by inserting after section 5, as added by this surance funds or the safety and soundness of REORGANIZATIONS. title, the following new section: insured depository institutions.’’; and ‘‘(a) IN GENERAL.—A national bank may, ‘‘SEC. 6. MERGERS AND CONSOLIDATIONS WITH (3) in subsection (c), by striking ‘‘and’’ and with the approval of the Comptroller, pursu- SUBSIDIARIES AND NONBANK AF- inserting ‘‘, ‘deposit insurance fund’, and’’. ant to rules and regulations promulgated by FILIATES. Subtitle B—Streamlining Activities of ‘‘(a) IN GENERAL.—Upon the approval of the the Comptroller, and upon the affirmative Institutions vote of the shareholders of such bank owning Comptroller, a national bank may merge with 1 or more of its nonbank subsidiaries or SEC. 1211. CALL REPORT SIMPLIFICATION. at least two-thirds of its capital stock out- (a) MODERNIZATION OF CALL REPORT FILING standing, reorganize so as to become a sub- affiliates. ‘‘(b) SCOPE.—Nothing in this section shall AND DISCLOSURE SYSTEM.—In order to reduce sidiary of a bank holding company or of a be construed— the administrative requirements pertaining company that will, upon consummation of ‘‘(1) to affect the applicability of section to bank reports of condition, savings associa- such reorganization, become a bank holding 18(c) of the Federal Deposit Insurance Act; or tion financial reports, and bank holding company. ‘‘(2) to grant a national bank any power or company consolidated and parent-only finan- ‘‘(b) REORGANIZATION PLAN.—A reorganiza- cial statements, and to improve the timeli- tion authorized under subsection (a) shall be authority that is not permissible for a na- tional bank under other applicable provi- ness of such reports and statements, the Fed- carried out in accordance with a reorganiza- eral banking agencies shall— tion plan that— sions of law. ‘‘(c) REGULATIONS.—The Comptroller shall (1) work jointly to develop a system under ‘‘(1) specifies the manner in which the reor- promulgate regulations to implement this which— ganization shall be carried out; section.’’. (A) insured depository institutions and ‘‘(2) is approved by a majority of the entire their affiliates may file such reports and board of directors of the national bank; SEC. 1207. LOANS ON OR PURCHASES BY INSTITU- TIONS OF THEIR OWN STOCK; AF- statements electronically; and ‘‘(3) specifies— FILIATIONS. (B) the Federal banking agencies may ‘‘(A) the amount of cash or securities of (a) AMENDMENT TO THE REVISED STAT- make such reports and statements available the bank holding company, or both, or other UTES.—Section 5201 of the Revised Statutes to the public electronically; and consideration to be paid to the shareholders of the United States (12 U.S.C. 83) is amended (2) not later than 1 year after the date of of the reorganizing bank in exchange for to read as follows: enactment of this Act, report to the Con- their shares of stock of the bank; ‘‘SEC. 5201. LOANS BY BANK ON ITS OWN STOCK. gress and make recommendations for legisla- ‘‘(B) the date as of which the rights of each ‘‘(a) GENERAL PROHIBITION.—No national tion that would enhance efficiency for filers shareholder to participate in such exchange bank shall make any loan or discount on the and users of such reports and statements. will be determined; and security of the shares of its own capital (b) UNIFORM REPORTS AND SIMPLIFICATION ‘‘(C) the manner in which the exchange stock. OF INSTRUCTIONS.—The Federal banking will be carried out; and ‘‘(b) EXCLUSION.—For purposes of this sec- agencies shall, consistent with the principles ‘‘(4) is submitted to the shareholders of the tion, a national bank shall not be deemed to of safety and soundness, work jointly— reorganizing bank at a meeting to be held on be making a loan or discount on the security (1) to adopt a single form for the filing of the call of the directors in accordance with of the shares of its own capital stock if it ac- core information required to be submitted the procedures prescribed in connection with quires the stock to prevent loss upon a debt under Federal law to all such agencies in the a merger of a national bank under section 3. previously contracted for in good faith.’’. reports and statements referred to in sub- ‘‘(c) RIGHTS OF DISSENTING SHARE- (b) AMENDMENTS TO THE FEDERAL DEPOSIT section (a); and HOLDERS.—If, pursuant to this section, a re- INSURANCE ACT.—Section 18 of the Federal (2) to simplify instructions accompanying organization plan has been approved by the Deposit Insurance Act (12 U.S.C. 1828) is such reports and statements and to provide shareholders and the Comptroller, any share- amended— an index to the instructions that is adequate holder of the bank who has voted against the (1) by redesignating subsection (t), as to meet the needs of both filers and users. reorganization at the meeting referred to in added by section 730 of the Gramm-Leach- (c) REVIEW OF CALL REPORT SCHEDULE.— subsection (b)(4), or has given notice in writ- Bliley Act (Public Law 106–102; 113 Stat. Each Federal banking agency shall— ing at or prior to that meeting to the pre- 1476), as subsection (u); and (1) review the information required by siding officer that the shareholder dissents (2) by adding at the end the following new schedules supplementing the core informa- from the reorganization plan, shall be enti- subsection: tion referred to in subsection (b); and tled to receive the value of his or her shares, ‘‘(v) LOANS BY INSURED INSTITUTIONS ON (2) eliminate requirements that are not as provided by section 3 for the merger of a THEIR OWN STOCK.— warranted for reasons of safety and sound- national bank. ‘‘(1) GENERAL PROHIBITION.—No insured de- ness or other public purposes. ‘‘(d) EFFECT OF REORGANIZATION.—The cor- pository institution may make any loan or (d) DEFINITION.—In this section, the term porate existence of a national bank that re- discount on the security of the shares of its ‘‘Federal banking agency’’ has the same organizes in accordance with this section own capital stock. meaning as in section 3 of the Federal De- shall not be deemed to have been affected in ‘‘(2) EXCLUSION.—For purposes of this sub- posit Insurance Act (12 U.S.C. 1813). any way by reason of such reorganization. section, an insured depository institution Subtitle C—Streamlining Agency Actions ‘‘(e) APPROVAL UNDER THE BANK HOLDING shall not be deemed to be making a loan or SEC. 1221. ELIMINATION OF DUPLICATIVE DIS- COMPANY ACT.—This section does not affect discount on the security of the shares of its CLOSURE OF FAIR MARKET VALUE in any way the applicability of the Bank own capital stock if it acquires the stock to OF ASSETS AND LIABILITIES. Holding Company Act of 1956 to a trans- prevent loss upon a debt previously con- Section 37(a)(3) of the Federal Deposit In- action described in subsection (a).’’. tracted for in good faith.’’. surance Act (12 U.S.C. 1831n(a)(3)) is amended SEC. 1205. NATIONAL BANK DIRECTORS. SEC. 1208. PURCHASED MORTGAGE SERVICING by striking subparagraph (D). (a) AMENDMENTS TO THE REVISED STAT- RIGHTS. SEC. 1222. PAYMENT OF INTEREST IN RECEIVER- UTES.—Section 5145 of the Revised Statutes Section 475 of the Federal Deposit Insur- SHIPS WITH SURPLUS FUNDS. of the United States (12 U.S.C. 71) is amend- ance Corporation Improvement Act of 1991 Section 11(d)(10) of the Federal Deposit In- ed— (12 U.S.C. 1828 note) is amended— surance Act (12 U.S.C. 1821(d)(10)) is amended

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by adding at the end the following new sub- the gentleman from New York (Mr. LA- going to address, but let me just con- paragraph: FALCE) each will control 20 minutes. clude by thanking all Members for ‘‘(C) RULEMAKING AUTHORITY OF CORPORA- The Chair recognizes the gentleman their help and participation in this bill. TION.—The Corporation may prescribe such from Iowa (Mr. LEACH). In particular, I want to thank the rules, including definitions of terms, as it gentleman from New York (Mr. LA- deems appropriate to establish a single uni- b 1045 FALCE) for his graciousness and form interest rate for or to make payments Mr. LEACH. Mr. Speaker, I yield my- of post insolvency interest to creditors hold- thoughtfulness, and the gentleman ing proven claims against the receivership self such time as I may consume. from Massachusetts (Mr. FRANK) for a estates of insured Federal or State deposi- Mr. Speaker, the bill before the number of very thoughtful additions to tory institutions following satisfaction by House today, the American Home- this bill. I am very, very much in both the receiver of the principal amount of all ownership and Economic Opportunity of their debts. creditor claims.’’. Act, combines a number of important Mr. Speaker, the bill before the House SEC. 1223. REPEAL OF REPORTING REQUIRE- banking and housing proposals that today, the American Homeownership and Eco- MENT ON DIFFERENCES IN AC- were approved by the House on a bipar- COUNTING STANDARDS. nomic Opportunity Act, combines a number of Section 37(c) of the Federal Deposit Insur- tisan basis earlier in the session. important banking and housing proposals that ance Act (12 U.S.C. 1831n(c)) is amended— We are bringing this legislation back were approved by the House on a bipartisan (1) in paragraph (1), by striking ‘‘Each’’ to the floor after a consultation with basis earlier in this session. We are bringing and all that follows through ‘‘a report’’ and the other body with the expectation this legislation back to the House after con- inserting ‘‘The Federal banking agencies that this bill will eventually be en- sultation with the other body, with the expecta- shall jointly submit an annual report’’; and acted into law. tion that this bill will eventually be enacted into (2) by inserting ‘‘any’’ before ‘‘such agen- With regard to housing, the legisla- law. cy’’ each place that term appears. tion draws substantially from H.R. SEC. 1224. EXTENSION OF TIME. With regard to housing, the legislation draws 1776, the American Homeownership and substantially from H.R. 1776, the ‘‘American Section 6(a)(1) of the Federal Home Loan Economic Opportunity Act, which Bank Act (12 U.S.C. 1426(a)(1)) is amended by Homeownership and Economic Opportunity striking ‘‘1 year’’ and inserting ‘‘18 months’’. passed the House by a vote of 417 to 8 Act,’’ which passed the House by a vote of on April 6. Subtitle D—Technical Corrections 417 to 8 on April 6, 2000. There are also pro- Mr. Speaker, there are also provi- SEC. 1231. TECHNICAL CORRECTION RELATING visions drawn from H.R. 202, the ‘‘Preserving TO DEPOSIT INSURANCE FUNDS. sions drawn from H.R. 202, the Pre- Affordable Housing for Seniors and Vulnerable (a) IN GENERAL.—Section 2707 of the De- serving Affordable Housing for Seniors Families into the 21st Century Act,’’ another posit Insurance Funds Act of 1996 (Public and Vulnerable Families into the 21st bipartisan bill designed to help the elderly and Law 104–208; 110 Stat. 3009–496) is amended— Century Act, another bipartisan bill individuals with disablilites with their housing (1) by striking ‘‘7(b)(2)(C)’’ and inserting designed to help the elderly and indi- needs which passed the House on September ‘‘7(b)(2)(E)’’; and viduals with disabilities. 27, 1999 by a vote of 405 to 5. (2) by striking ‘‘, as redesignated by sec- Let me stress that the housing provi- Let me stress that the housing provisions in tion 2704(d)(6) of this subtitle’’. sions of this bill are a testament to the (b) EFFECTIVE DATE.—The amendments this bill are a testament to the extraordinary made by subsection (a) shall be deemed to extraordinary work of the gentleman work of the gentleman from New York, RICK have the same effective date as section 2707 from New York (Mr. LAZIO), the chair- LAZIO, the Chairman of the Housing Sub- of the Deposit Insurance Funds Act of 1996 man of the Subcommittee on Housing committee. During the last 6 years, Chairman (Public Law 104–208; 110 Stat. 3009–496). and Community Opportunity. During LAZIO has been the recognized leader in Con- SEC. 1232. RULES FOR CONTINUATION OF DE- the last 6 years, the gentleman from gress on affordable housing and community POSIT INSURANCE FOR MEMBER New York (Chairman LAZIO) has been a renewal issues, in particular, as the author BANKS CONVERTING CHARTERS. recognized leader in Congress on af- Section 8(o) of the Federal Deposit Insur- and champion of the historic public and as- ance Act (12 U.S.C. 1818(o)) is amended in the fordable housing and community re- sisted housing reform enacted in the 105th second sentence, by striking ‘‘subsection (d) newal issues, and in particular, as the Congress. In my experience, there has been of section 4’’ and inserting ‘‘subsection (c) or author and champion of the historic no greater Subcommittee chairmanship than (d) of section 4’’. Public and Assisted Housing Reform that of RICK LAZIO, and his work will make a SEC. 1233. AMENDMENTS TO THE REVISED STAT- Act enacted in the 105th Congress. real difference in the everyday lives of low-in- UTES OF THE UNITED STATES. In my experience, there has been no come Americans for generations to come. (a) WAIVER OF CITIZENSHIP REQUIREMENT greater subcommittee chairmanship Today, affordable housing continues to be FOR NATIONAL BANK DIRECTORS.—Section 5146 than that of the gentleman from New of the Revised Statutes of the United States out of the reach for many Americans. A strong (12 U.S.C. 72) is amended in the first sen- York, and his work will make a great economy has created a dynamic where in tence, by inserting before the period ‘‘, and deal of difference in the everyday lives many parts of the country the cost of real es- waive the requirement of citizenship in the of low-income Americans for genera- tate is rising faster than income levels. case of not more than a minority of the total tions to come. Secondly, although interest rates are not as number of directors’’. There is an also great debt of grati- high as at other times in our history, an un- (b) TECHNICAL AMENDMENT TO THE REVISED tude owed in this act to the gentle- precedented differential has nevertheless STATUTES.—Section 329 of the Revised Stat- woman from New Jersey (Mrs. ROU- come into being between inflation and long- utes of the United States (12 U.S.C. 11) is KEMA), particularly for those parts of amended by striking ‘‘to be interested in any term interest rates, making financing of a association issuing national currency under the bill that deal with deregulation and home purchase extremely difficult. the laws of the United States’’ and inserting certain aspects in the banking indus- Included in our bill are innovative home- ‘‘to hold an interest in any national bank’’. try. ownership programs to empower low-income (c) REPEAL OF UNNECESSARY CAPITAL AND Finally, let me just stress that this recipients of Section 8 housing assistance to SURPLUS REQUIREMENT.—Section 5138 of the bill contains some very important apply that assistance towards buying a home. Revised Statutes of the United States (12 manufactured housing provisions. Man- Provisions included in this bill from H.R. 202 U.S.C. 51) is hereby repealed. ufactured housing is an important part will help the elderly and individuals with dis- SEC. 1234. CONFORMING CHANGE TO THE INTER- of the American housing mosaic, and NATIONAL BANKING ACT OF 1978. abilities immensely, and assist the construc- Section 4(b) of the International Banking modernizing the reform and regula- tion and financing of more facilities for these Act of 1978 (12 U.S.C. 3102(b)) is amended in tions governing manufactured housing populations. The legislation helps Native the second sentence, by striking paragraph is long overdue. It is critical for the Americans and Native Hawaiians, and con- (1) and by redesignating paragraphs (2) economy to improve the quality and af- tains many more provision that will improve through (4) as paragraphs (1) through (3), re- fordability of such housing in the con- our Nation’s housing and increase home- spectively. text of maintaining consumer protec- ownership opportunities. The SPEAKER pro tempore (Mr. tion and safety. Finally, the bill also contains important provi- LAHOOD). Pursuant to the rule, the There are a number of other features sions modernizing the Federal manufacturing gentleman from Iowa (Mr. LEACH) and in the bill that other Members are housing regulatory regime. Manufactured

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00030 Fmt 0688 Sfmt 9920 E:\BR00\H05DE0.001 H05DE0 26228 CONGRESSIONAL RECORD—HOUSE December 5, 2000 housing is an important part of America’s riers Clearinghouse’’ to collect and dissemi- demonstration programs approved under the housing mosaic. Modernizing the reform and nate information on, among other things, Section 8 homeownership demonstration pro- regulations governing manufactured housing is the prevalence of regulatory barriers and gram. The program has a 50% match require- long overdue. It is critical to the economy to their effects on availability of affordable ment. housing, and successful barrier removal TITLE IV—PRIVATE MORTGAGE INSURANCE improve the quality and affordability of such strategies. housing in the context of maintaining con- CANCELLATION AND TERMINATION TITLE II—HOMEOWNERSHIP FOR WORKING sumer protection and safety. Section 401. Short title. FAMILIES With regard to the banking provisions of the Provides that this title may be cited as the bill, the legislation includes several provisions Section 201. Home equity conversion mortgages. ‘‘Private Mortgage Insurance Technical Cor- that the House has previously approved this Allows for the refinancing of home equity rections and Clarification Act’’. session in separate pieces of legislation, com- conversion mortgages (HECMs) for elderly Section 402. Changes in amortization schedule. homeowners. Gives the Secretary discretion Clarifies that private mortgage insurance bined with non-controversial, bipartisanly-sup- to reduce the single premium payment to an ported elements of a regulatory relief package. (PMI) termination/cancellation rights for ad- amount as determined by an actuarial study, justable rate mortgages (ARMs) are based on Many of these regulatory provisions were con- to be conducted by the Secretary within 180 tained in H.R. 4364 of the 105th Congress the amortization schedule then in effect (the days of enactment, and to credit the pre- most recent calculation); treats a balloon which the House approved by voice vote two mium paid on the original loan. Authorizes mortgage like an ARM (uses most recent am- years ago, and were carried over this session the Secretary to establish a limit on origina- ortization schedule); bases cancellation/ter- in legislation introduced in the House by the tion fees that may be charged (which fees mination rights on modified terms if loan gentlelady from New Jersey (Mrs. ROUKEMA), may be fully financed). Waives counseling re- modification occurs. the distinguished chair of our Financial Institu- quirements if the borrower has received counseling in the prior five years and the in- Section 403. Deletion of ambiguous references to tions Subcommittee. crease in the principal limit exceeds refi- residential mortgages. In this package we are also renewing, some nancing costs by an amount set by the De- Clarifies that borrowers’ PMI cancellation with slight changes, reporting requirements by partment; provides a disclosure under a refi- and termination rights apply only to mort- the Executive Branch and independent regu- nanced mortgage of the total cost of refi- gages created after the effective date of the lators in some 45 instances, as provided for in nancing and the principal limit increase. legislation (one-year after the date of enact- legislation passed by the House last year on In cases where the reverse mortgage pro- ment). a voice vote. Included is the semi-annual re- ceeds are used for long-term care insurance Section 404. Cancellation rights after cancella- port to Congress of the Federal Reserve contracts, a portion of those proceeds may tion date. be used for up-front costs, such as initial Clarifies that the good payment history re- Board on the conduct of monetary policy. service, appraisal and inspection fees. Re- While the reports being renewed are quirement in the bill is calculated as of the quires HUD to waive the up-front mortgage later of the cancellation date or, the date on deemed important for the oversight work of insurance premium in cases where reverse the Banking Committee, I know of no more im- which a borrower requests cancellation. Pro- mortgage proceeds are used for costs of vides that if a borrower is not current on portant oversight responsibility of the Con- qualified long-term care insurance contract. payments as of the termination date, but gress than the review of the Fed’s conduct of Directs the Department to conduct an ac- later becomes current, termination shall not monetary policy. tuarial study within 180 days of enactment of take place until the first day of the following With regard to the Fed, there is one other the effect creating a single national loan month (eliminates lender need to check and section of the bill that deserves note. This is limit for HECM reverse mortgages. cancel PMI every day of the month). Clari- a section that provides pay parity for Fed Gov- Section 202. Assistant for self-help providers. fies that PMI cancellation or termination ernors and their Cabinet and sub-cabinet Reauthorizes the self-help housing for FY does not eliminate requirement to make PMI counterparts. 2001. Allows projects within 5 or more units payments legitimately accrued prior to any Let me conclude by thanking all of those to use their funds over a 3-year period. Al- cancellation or termination of PMI. Members and staff on both sides of the House lows entities to advance themselves funds Section 405. Clarification of cancellation and who have participated in putting together the prior to completion of environmental re- termination issues and lender paid mortgage views for purposes of land acquisition. legislation before us today, and to thank in insurance disclosure requirements. TITLE III—SECTION 8 HOMEOWNERSHIP OPTION Adds provision clarifying cancellation and particular Mrs. ROUKEMA, Mr. BEREUTER, Mr. termination issues related to terms ambig- LAFALCE and Mr. FRANK who have contributed Section 301. Downpayment assistance. uous in law, including ‘‘good payment his- so much to all aspects of this bill. Public Housing Authorities (PHAs) are au- thorized to provide down-payment assistance tory’’, ‘‘automatic termination’’ and ‘‘ac- Mr. Speaker, I include for the crued obligation form premium payments’’. RECORD the following material regard- in the form of a single grant, in lieu of monthly assistance. Such down-payment as- Clarifies that PMI cancellation rights exist ing H.R. 5640. on the cancellation date, or any later date, The material referred to is as follows: sistance shall not exceed the total amount of monthly assistance received by the tenant as long as the borrower complies with all H.R. 5640—SECTION-BY-SECTION for the first year of assistance. For FY 2000 cancellation requirements. Clarifies that Section 1. Short Title and Table of Contents. and thereafter, assistance under this section borrower must be current on loan payments States that the act may be cited as the shall be available to the extent that sums to exercise cancellation. ‘‘American Homeownership and Economic are appropriated. Section 406. Definitions. Opportunity Act of 2000.’’ Section 302. Pilot program for homeownership Sets forth definitions of: (a) refinanced; (b) TITLE I—REMOVAL OF BARRIERS TO HOUSING assistance for disabled families. midpoint of the amortization period; (d) AFFORDABILITY Adds a pilot program to demonstrate the original value; and (e) principal residence. Section 101. Short title. use of tenant-based section 8 assistance (sec- TITLE V—NATIVE AMERICAN HOMEOWNERSHIP This title may be referred to as the ‘‘Hous- tion 8 vouchers) for the purchase of a home SUBTITLE A—NATIVE AMERICAN HOUSING ing Affordability Barrier Removal Act of that will be owned by 1 or more members of Section 501. Lands Title Report Commission. 2000.’’ the disabled family and will be occupied by Subject to amounts appropriated, creates Section 102. Grants for regulatory barrier re- that family and meets certain requirements. an Indian Lands Title Report Commission to moval strategies. Requirements include purchase of the prop- develop recommended approaches to improv- erty within three years of enactment of this Authorizes $15 million for FY 2001 through ing how the Bureau of Indian Affairs (BIA) Act; demonstrated income level from em- FY 2005 for grants to States, local govern- conducts title reviews in connection with the ployment or other sources (including public ments, and eligible consortia for regulatory sale of Indian lands. Receipts of a certificate assistance), that is not less than twice the barrier removal strategies. This is reauthor- from BIA is a prerequisite to any sale trans- Section 8 payment standard established by ization of the same amount under an already action on Indian lands, and the current pro- the PHA; participation in a housing coun- existing CDBG setaside (Section 107(a)(1)(H)). cedure is overly burdensome and presents a seling program provided by the PHA; and Grants provided for these purposes must be regulatory barrier to increasing homeowner- other requirements established by the PHA used in coordination with the local com- ship on Indian lands. in accordance with requirements established prehensive housing affordability strategy The Commission is composed of 12 mem- by the Secretary of HUD. (‘‘CHAS’’). bers with knowledge of Indian land title Section 103. Regulatory barriers clearinghouse. Section 303. Funding for pilot program. issues (4 appointed by the President, 4 by the Creates within HUD’s Office of Policy De- Authorizes such sums as may be appro- President from recommendations made by velopment and Research a ‘‘Regulatory Bar- priated for a grant program to supplement the Chairman of the Senate Committee on

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.001 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26229 Banking, Housing and Urban Affairs Com- requirements with respect to housing as- Section 604. Federal manufactured home con- mittee, and 4 by President from rec- sisted with grant amounts provided under struction and safety standards. ommendations made by the Chairman of the the Act. Section 604 of current law (P.L. 93–383) is House Committee on Banking and Financial SUBTITLE B—NATIVE HAWAIIAN HOUSING revised to establish a consensus committee Services). Authorized at $500,000. Section 511. Short title. that would submit recommendations to the Section 502. Loan guarantees. Secretary of HUD for developing, amending Provides that the subtitle may be cited as and revising both the Federal Manufactured Premamently authorizes the section 184 the ‘‘Hawaiian Homelands Homeownership Loan Guarantee Program for Indian housing. Home Construction and Safety Standards Act of 2000.’’ and the enforcement regulations. These rec- Section 503. Native American housing assist- Section 512. Findings. ommendations would be published in the ance. Finds that Native Hawaiians continue to Federal Register for notice and comment Makes the following amendments to the have the greatest unmet need for housing prior to final adoption by the Secretary. The Native American Housing and Self-Deter- and the highest rates of overcrowding in the committee shall be composed of 21 voting mination Act of 1996 (NAHASDA): United States, and that Congress finds it members, appointed by the Secretary, based Restricts Secretary’s authority to grant necessary to extend the Federal low-income on recommendations of administering orga- waiver of Indian housing plan requirements, housing assistance available under the Na- nizations, who shall be qualified individuals upon noncompliance due to circumstances tive American Housing and Self Determina- (7 producers of manufactured housing, 7 beyond the control of the Indian tribe, to a tion Act of 1996 to those Native Hawaiians. users of manufactured housing, and 7 general period of 90 days. Allows Secretary to waive Section 513. Housing assistance. interest groups and/or public officials), and requirement for a local cooperation agree- one additional non-voting member to rep- ment provided the recipient has made a good Provides the Secretary of HUD with au- resent the Secretary on the consensus com- faith effort to comply and agrees to make thority to establish a program for the provi- mittee. The committee would function in ac- payments in lieu of taxes to the jurisdiction. sion of block grants for affordable housing cordance with the American National Stand- Sets forth requirement for assistance to activities for Native Hawaiians, within the ards Institute (ANSI) procedures for the de- Indian families that are now low-income Native American Housing Assistance and velopment and coordination of American Na- upon a showing of need. Eliminates separate Self Determination Act of 1996. The Sec- tional Standards. Indian housing plan requirements for small retary is to be guided by the program re- If the Secretary fails to take final action Indian tribes. quirements of titles I, II and IV of the Native on a proposed revised standard, the Sec- Provides Secretary with authority to American Housing Assistance and Self-De- retary shall appear before the housing and waive statutory requirements of environ- termination Act in the implementation of appropriation subcommittees and commit- mental reviews upon a determination that housing assistance programs for Native Ha- tees of the House of Representatives and the failure to comply does not undermine goals waiians under this title. The Secretary may Senate and state the reasons for failure. of the National Environmental Policy Act, make exceptions to, or modifications of, pro- Further, if the Secretary does not appear will not threaten the health or safety of the gram requirements as necessary and appro- in person as required, the Secretary will be community, is the result of inadvertent priate to meet the unique situation and prohibited from expending funds collected error and can be corrected by the recipient of housing needs of Native Hawaiians. Sets under authority of this title in any amount funding. The intent is to address problems forth definitions, the requirements associ- greater than that collected and expended in resulting from procedural, rather than sub- ated with housing plans, and other program the fiscal year preceding enactment of the stantive, noncompliance. requirements. Manufactured Housing Improvement Act of Authorizes tribal housing entities to pro- Section 514. Loan guarantees. 2000. vide housing on Indian reservations to full- Provides for loan guarantees for Native The revisions to section 604 would also time law enforcement officers, sworn to im- Hawaiian Housing. Loans guaranteed by the clarify the scope of federal preemption to en- plement the Federal, State, county, or tribal Secretary pursuant to this title shall be in sure that disparate state or local require- law. amounts not to exceed one hundred percent ments do not affect the uniformity and com- Revises provisions regarding audits and re- of the unpaid principal and interest that is prehensive nature of the federal standards. views by the Secretary by making applicable due on an eligible loan. A loan is an eligible At the same time, the bill would reinforce the requirements of the Single Audit Act to loan if that loan is made only to a borrower the proposition that installation standards tribal housing entities; allowing these hous- who is a Native Hawaiian family, the Depart- and regulations remain under the exclusive ing entities to be treated as a non-Federal ment of Hawaiian Home Lands, the Office of authority of each state. entities; and, permitting the Secretary to Hawaiian Affairs, or a private nonprofit or- Section 605. Abolishment of the National Manu- conduct audits. The audits will determine ganization experience in the planning and factured Home Advisory Council; manufac- whether the grant recipient has carried out development of affordable housing for Native tured home installation. eligible activities in a timely manner; has Hawaiians. Section 605 of existing law (P.L. 93–383) met certification requirements; has an on TITLE VI—MANUFACTURED HOUSING would be repealed, abolishing the National going capacity to carry out eligible activi- IMPROVEMENT Manufactured Home Advisory Council, which ties in a timely manner; and, has complied is replaced by the consensus committee Section 601. Short Title References. with the proposed housing plan. formed under Section —04. A new section 605 Prescribes formula allocation for Indian States that this title may be cited as the is added, entitled ‘‘Section 605. Manufactured housing authorities operating fewer than 250 ‘‘Manufactured Housing Improvement Act of Home Installation,’’ which give states five units by requiring the amount of assistance 2000.’’ years to adopt an installation program. Dur- provided to these tribes to be based on an av- Section 602. Findings and purposes. ing this five-year period, the Secretary of erage of their allocations from the prior five Current law provisions are replaced with a the Department of Housing and Urban Devel- (5) fiscal years (fiscal years 1992 through more detailed statement of the original in- opment (HUD) and the Consensus Committee 1997). tent of Congress when it enacted the Federal are charged with constructing a ‘‘model’’ Amends hearing requirements to allow the Manufactured Home Construction and Safety manufactured housing installation program. Secretary to take immediate remedial ac- Standards Act. Adds a consensus standards In states that choose not to adopt an instal- tion if the Secretary determines that the re- development process to the purpose of the lation program, HUD may contract with an cipient has failed to comply substantially act. Expresses the continuing need for af- appropriate agent in those states to imple- with any material provision of NAHASDA fordability and the need for objective, per- ment the ‘‘model’’ installation program. resulting in continued federal expenditures formance-based standards, while empha- Section 606. Public information. not authorized by law. sizing the need for consumer protection. Upon noncompliance with the law due to Amends current requirements governing technical incapacity, requires a recipient to Section 603. Definitions. cost information of any new standards sub- enter into a ‘‘performance agreement’’ with Adds several definitions to Section 603 of mitted by manufacturers to the Secretary by the Secretary before the Secretary can pro- current law concerning the consensus com- requiring the Secretary to submit such cost vide technical assistance. mittee and the consensus standards develop- information to the consensus committee for For section 8 vouchers currently being ment process (Section —4). Adds a definition evaluation. used by an Indian tribe, requires counting for the monitoring function and related defi- Section 607. Research, Testing, Development, such vouchers under the NAHASDA block nitions for primary inspection agency, de- and Training. grant allocation formula to ensure that fam- sign approval inspection agency, and produc- Requires HUD Secretary to conduct re- ilies currently participating in the Section 8 tion inspection primary inspection agency search, testing, development and training voucher program will continue to be funded. duties, which had not been previously de- necessary to carry out the purposes of facili- Repeals requirement regarding the certifi- fined. The term ‘‘dealer’’ has been replaced tating manufactured housing, including en- cation of compliance with subsidy layering throughout with the term ‘‘retailer.’’ couraging GSE’s to develop and implement

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.001 H05DE0 26230 CONGRESSIONAL RECORD—HOUSE December 5, 2000 secondary market securitization programs drews) Homeowners Financing Protection if the sponsor (owner) continues the low-in- for FHA manufactured home loans, and re- Act (passed the House under suspension on come use restrictions. Requires that upon re- viewing the programs for FHA manufactured September 19, 2000).] financing, the Secretary make available at home loans and developing any changes to Section 702. Promissory note requirement under least 50% of annual savings resulting from such programs to promote the affordability housing repair loan program. reduced Section 8 or other rental housing as- of manufactured homes. Increases amount of promissory note (in- sistance in a manner that is advantageous to Section 608. Prohibited Acts. stead of use of liens on property) amounts tenants, which may include increasing sup- Requires continued compliance with the from $2,500 to $7,500 (adjusted from late 1970’s portive services, rehabilitation, moderniza- requirements for the installation program amount to account for home repairs, e.g., tion, and retrofitting of structure, and other required by Section 605 in any State that has roofing, heating systems, windows, etc.) specified purposes. not adopted and implemented a State instal- without going through the formal loan proc- This allows sponsors to build equity in lation program. ess. their project that can be used to refinance at lower interest rates. The refinancing may re- Section 609. Fees. Section 703. Limited partnership eligibility for farm labor housing loans. sult in lower project based Section 8 if the Amends current section 620 by allowing the Technical amendment that clarifies that sponsor elects to lower debt service in addi- Secretary to use industry label fees for the tion to the lower interest rate. The savings administration of the consensus committee, limited partnerships are eligible for loans under Section 514 (Farm Labor Housing) in can then be used for improvements to the fa- hiring additional program staff, for addi- cases where the general partner is a non- cility or services for residents. tional travel funding, funding of a non-career profit entity. SUBTITLE B—AUTHORIZATION OF APPROPRIA- administrator to oversee the program, and TIONS FOR SUPPORTIVE HOUSING FOR THE EL- for HUD’s efforts to promote the availability Section 704. Project accounting records and DERLY AND PERSONS WITH DISABILITIES and affordability of manufactured housing. practices. Prohibits the use of label fees to fund any ac- Sets forth accounting and record keeping Section 821. Supportive housing for elderly per- tivity not expressly authorized by the act, requirements, including maintaining ac- sons. unless already engaged in by the Secretary, counting records in accordance with gen- Authorizes such sums for the existing pro- makes expenditure of label fees to annual erally accepted accounting principles for all gram of supportive housing for the elderly Congressional appropriations review. Re- projects that receive funds under this pro- (section 202 housing) for FY 01 and ‘‘such quires HUD to be accountable for any fee in- gram; retaining records available for inspec- sums as may be necessary’’ for FY 02, and FY crease by requiring notice and comment tion by the USDA Secretary for not less than 03. six years, and other requirements. rulemaking. Section 822. Supportive housing for persons with Section 610. Dispute Resolution. Section 705. Definition of rural area. disabilities. Extends designation of rural areas, for pur- In order to address problems that may Authorizes such sums for the existing pro- poses of the Rural Housing Service housing arise with manufactured homes, Section 610 gram of supportive housing for the disabled programs, for a narrow category of commu- gives the states five years to adopt a dispute (section 811 housing) for FY 01 and ‘‘such nities until the 2010 census. resolution program for the timely resolution sums as may be necessary’’ for FY 02, and FY of disputes between manufacturers, retailers, Section 706. Operating assistance for migrant 03. farmworkers projects. and installers regarding the responsibility Section 823. Service coordinators and congregate Allows Section 521 operating assistance for for the correction or repair of defects in services for elderly and disabled housing. farm labor housing complexes where manufactured homes that are reported dur- Authorizes such sums for grants for service ing the one year period beginning on the ‘‘mixed’’ migrant and annual workers will live. coordinators, who link residents with sup- date of installation. This also requires state portive or medical services in the commu- issuance of appropriate orders for the correc- Section 707. Multifamily rental housing loan guarantee program. nity, for certain federally assisted multi- tion or repair of defects in the manufactured family housing projects for FY 01 and ‘‘such Allows Native Americans to become eligi- homes that are reported during the 1-year sums as may be necessary’’ for FY 02, and FY ble borrowers under the multifamily loan period beginning on the date of installation 03. under the dispute resolution program. In guarantee program; authorizes a ‘‘balloon states that choose not to adopt their own payment’’ as a financing option; allows fees SUBTITLE C—EXPANDING HOUSING OPPORTUNI- dispute program, HUD may contract with an from lenders to be used to help offset pro- TIES FOR THE ELDERLY AND PERSONS WITH appropriate agent in those states to imple- gram costs; and repeals existing prohibition DISABILITIES ment a dispute resolution program. against the transfer of property title from Part 1—Housing for the Elderly Section 611. Elimination of annual report re- the lender to the federal government as well Section 831. Eligibility of for-profit limited part- quirement. as the prohibition against the transfer of li- nerships. ability from one borrower to another. Eliminates existing annual reporting by Allows 202 sponsors to form limited part- the Secretary to Congress on manufactured Section 708. Enforcement provisions. nerships with for-profits, but the nonprofits housing standards. Provides criminal penalties and civil sanc- must be the controlling partner. Through tions for violations of program requirements. Section 612. Effective date. this partnership, the sponsors could compete Section 709. Amendments to title 18 of the Effective date of the legislation is the date for the low income housing tax credit. With United States Code. of enactment, except that interpretive bul- this change, owners could build bigger devel- letins or orders published as a proposed rule Amends Title 18 of U.S. Code—Money opments and achieve scale economies. The prior to the date of enactment shall be unaf- Laundering—to strengthen enforcement and units financed under Section 202 would be fected. prosecution of program fraud and abuse. governed by those rules, and the tax units TITLE VIII—HOUSING FOR ELDERLY AND would be governed under those rules. States Section 613. Savings provision. DISABLED FAMILIES would still be making the decision who gets Existing manufactured housing standards Section 801. Short Title. the LIHTC, and the limited partnerships are maintained in effect until the effective would have to compete like everybody else. This title may be cited as the ‘‘Affordable date of the Federal manufactured home con- Section 832. Mixing funding sources. struction and safety standards pursuant to Housing for Seniors and Families Act.’’ the amendments made by this act. Section 802. Regulations. Allows private non-profit housing pro- viders to use all sources of financing, includ- TITLE VII—RURAL HOUSING HOMEOWNERSHIP Provides that the Secretary of HUD shall issue regulations implementing the provi- ing Federal funds, for amenities, relevant de- Section 701. Guarantees for refinancing of rural sions of this title only after notice and op- sign features and construction of affordable loans. portunity for public comment. housing for seniors. Amends Section 502(h) of the Housing Act Section 803. Effective Date. Section 833. Authority to acquire structures. of 1949 to allow borrowers of Rural Housing Removes limitation allowing private non- Service single-family loans to refinance an Provides that the provisions of the title profit housing providers to acquire only existing direct or guaranteed loan with a are effective upon enactment unless such RTC-held properties. RTC went out of busi- new guarantee loan, provided the interest provisions specifically provide for effective- ness. This provision allows 202 projects to ac- rate is at least equal or lower than the cur- ness or applicability upon another date cer- quire properties. rent interest rate being refinanced; the same tain. home is used as security; the principal is SUBTITLE A—REFINANCING FOR SECTION 202 Section 834. Use of project reserves. equal to or lower than the refinanced SUPPORTIVE HOUSING FOR THE ELDERLY Project reserves, a set-aside account fund- amount plus costs, discount points not ex- Section 811. Prepayment and refinancing. ed through rent receipts for repairs to the ceeding 2 basis points and, an origination fee Requires the Secretary to approve prepay- building’s structure or infrastructure over by the Agriculture Secretary [HR 3834 (An- ment of mortgages for Section 202 properties the years (roof, elevator, etc.), may be used

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.001 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26231 to reduce the number of dwelling units in the Section 236 owners to retain excess income 20 of even numbered years and July 20 of odd 202 project. The use of these funds is subject (which results when 30% of somebody’s in- numbered years, and before the Senate to the Secretary’s approval to ensure the use come exceeds the base rent established by Banking Committee on February 20 of odd is designed to retrofit obsolete or unmarket- HUD), but the authority had to be approved numbered years and July 20 of even num- able units. on an annual basis through the appropria- bered years. Either Committee may request During the cost containment phase of the tions process. This provision puts the unin- the Chairman to appear after his scheduled Section 202 program, many efficiencies were sured 236s on equal footing with the FHA in- appearance before the other. built. In many cases, it is preferable to con- sured projects, which are already allowed to Requires the Federal Reserve Board to sub- vert efficiencies to 1 or 2 bedroom apart- retain excess income. mit, concurrent with each semi-annual hear- ments. In other instances, the project may To the extent a project owner has remitted ing, a written report to both Committees dis- want to reduce units to make room for a excess income charges to HUD since the date cussing the same subjects, taking into ac- clinic or community space. of enactment of the FY 1999 appropriations count developments in employment, unem- Section 835. Commercial activities. Act, the Department may return to the rel- ployment, production, investment, real in- Makes clear that commercial facilities evant project owner any such excess charges come, productivity, exchange rates, inter- may be located and operated in Section 202 remitted. This would put these owners on an national trade and payments, and prices. projects, as long as the business is not sub- equal footing with those owners who had re- TITLE XI—BANKING AND HOUSING AGENCY sidized with 202 funds. These facilities can tained these excess charges and whom HUD REPORTS benefit residents and bring some additional has, through notice, permitted to retain such Section 1101. Short title. excess income. revenue (rent) to the project. The title is cited as the ‘‘Federal Report- Part 2—Housing for Persons with Disabilities TITLE IX—OTHER RELATED HOUSING ing Act of 2000.’’ PROVISIONS Section 841. Eligibility of for-profit limited part- Section 1102. Preservation of certain reporting nerships. Section 901. Extension of Loan Term for Manu- requirements. factured Home Lots. Provides that for-profit limited partner- This Section reinstates certain reports ships are eligible to participate in the 811 Extends the loan terms for manufactured which expired in May 2000 pursuant to the program established under this Act. The home lots financed by insured financial in- Federal Reports Elimination and Sunset Act nonprofit will be the controlling partner, and stitutions from 15 years, 32 days to 20 years, of 1995. the limited partnership may compete with 32 days. (1) President’s economic report, together for the LIHTC. Section 902. Use of Section 8 Vouchers for Opt- with the annual report of the Council of Eco- Section 842. Mixed funding sources. Outs. nomic Advisors. Due: During the first 20 days Allows private non-profit housing pro- Amends the VA, HUD and Independent of each regular session. viders to use all sources of financing, includ- Agencies Appropriations Act of FY 2001 by (2) President’s report on impact of offsets ing Federal funds, for amenities, relevant de- changing the effective date when Section 8 on the defense preparedness, industrial com- sign features and construction of affordable vouchers may be used in situations where petitiveness, employment, and trade of the housing for the disabled. owners opt out of the program from 1996 to US. Due: Annually (to Banking and Armed 1994. Services Committees) (This report discloses Section 843. Tenant-based assistance for persons impact on the U.S. economy in cases where Section 903. Maximum payment standard for en- with disabilities. foreign governments, to justify the purchase hanced vouchers. Provides that tenant-based rental assist- of a U.S.-made defense systems, require tech- ance provided under Section 811 of the Cran- Amends the VA, HUD and Independent nology transfers or direct in-country invest- ston-Gonzalez National Affordable Housing Agencies Appropriations Act of FY 2001 to ments. Such concessions ensure the sale but Act may be provided by a private nonprofit require that HUD may not limit the value of may impair future sales or enhance the pro- organization as well as by a public housing enhanced vouchers as provided under the duction capacity of a potential foreign com- agency as under current law. Caps the statute if such limit would adversely affect petitor to the U.S.) amount of tenant-based assistance under the assisted families to which enhanced (3) Commerce Department report on oper- Section 811 at 25% of the yearly appropria- vouchers are provided. ations under the Public Works and Economic tion for Section 811 housing to ensure that Section 904. Use of section 8 assistance by Development Act of 1965 (by the Economic money remains available for construction of ‘‘grand-families’’ to rent dwelling units in Development Administration) Due: Annu- affordable housing stock for the disabled. assisted projects. ally. (The EDA provides grants for public Section 844. Use of project reserves. Allows HOME funds (in rental units other- works and other assistance to alleviate un- Project reserves may be used to reduce the wise not eligible for HOME funds) to be used employment in economically distressed number of dwelling units in an 811 project to for facilities with units with low-income areas.) retrofit obsolete or unmarketable units. Al- families having a grandparent residing with (4) HUD’s agenda of all rules and regula- lows flexibility to design the project in a a grandchild, or in some cases, where great- tions under development or review. Due: way that makes it more comfortable and ap- and great-great grandchildren are residing in Semiannually (to Banking Committee). pealing for the residents. the unit, with neither of the child’s parents (5) HUD report on early defaults on FHA- insured loans. Due: Annually. (The report in- Section 845. Commercial Activities. residing in the household. cludes data on lenders and the numbers of TITLE X—FEDERAL RESERVE BOARD Clarifies that commercial facilities may be loans they make—and defaults and fore- PROVISIONS located and operated in Section 811 projects, closures thereon—by census tract.) as long as the business is not subsidized with Section 1001. Federal Reserve Board Buildings. (6) Two HUD Reports related to rights: (a) 811 funds. Allows the Federal Reserve Board to have Progress in eliminating discriminatory hous- Part 3—Other Provisions more than one building. ing practices. Due: Annually. (The report re- Section 851. Service coordinators. Section 1002. Positions of Board of Governors of views the nature and extent of progress in Allows service coordinators to assist low- Federal Reserve System on the Executive eliminating housing discrimination prac- income elderly or disabled families living in Schedule. tices, obstacles remaining, and recommenda- tions for legislation or executive action.) and the vicinity of an eligible federally assisted Raises the pay of the Chairman of the Fed- (b) Data on applicants, participants, and project. Requires HUD and HHS to develop eral Reserve Board from Level II of the Exec- beneficiaries of the programs administered standards for service coordinators in feder- utive Schedule to Level I (approx. $14,800) by HUD. Due: Annually. (The report provides ally assisted housing to educate seniors and the Board Members from Level III to data on race, color, religion, sex, national or- about telemarketing fraud and facilitating Level II (approx. $10,500). prosecution of such fraud. This change will igin, age, handicap, and family characteris- Section 1003. Amendments to the Federal Re- tics of applicants or participants in HUD make the project a focal point of the com- serve Act. munity, address the isolation many seniors programs.) feel particularly in rural areas—and help Provides a new reporting requirement to (7) Two HUD reports related to lead-based seniors protect themselves against fraud. replace the expired provisions relating to the paint hazards: (a) Assessment of the progress semi-annual ‘‘Humphrey-Hawkins’’ reports made in implementing the various programs SUBTITLE D—PRESERVATION OF AFFORDABLE requirements. Section 1002 requires the authorized by the Act. Due: Annually. (This HOUSING STOCK Chairman of the Federal Reserve Board to report covers research/studies into lead poi- Section 861. Section 236 Assistance. appear before Congress a semi-annual hear- soning and recommendations for legislative Allows owners of uninsured Section 236 ings to discuss monetary policy as well as or other action to improve HUD’s perform- projects to retain excess income. This money economic developments and prospects for the ance in combating such hazards.); and (b) is needed for repairs to the aging projects. future. The Chairman will appear before the Progress of the Department in implementing The FY 00 VA–HUD bill allowed uninsured House Banking Committee around February expanded lead-based paint hazard evaluation

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.001 H05DE0 26232 CONGRESSIONAL RECORD—HOUSE December 5, 2000 and reduction activities. Due: Biennially. companies.); (b) Tied aid credits. Due: Bian- (36) Justice Department report on data col- (This report is related to the one above and nually. (This report covers the tied aid credit lection re banks and banking. Due: Quar- provides an assessment of HUD’s progress in program under which grants are made to terly. (This report details civil and criminal various lead-based paint abatement pro- supplement financing for a US export when investigations and prosecutions relating to grams.) it appears predatory financing will be avail- banking law offenses.) (8) FHA annual report. Due: Annually. (The able from another country for a competitor’s (37) Federal Housing Administration Advi- report provides an analysis of income-demo- product.); and (c) Operations as of the close sory Board report on assessment of the ac- graphic borrower information, specifically of business each fiscal year. Due: Annually. tivities of the Federal Housing Administra- related to incomes not exceeding 100% of (This report includes other ‘‘sub-reports’’ tion; effectiveness of the Mortgagee Review area median income (AMI), 80% of AMI, 60% which would also be retained, i.e. environ- Board. Due: Annually. (This report covers of AMI; minority central city and rural bor- mental exports and small business exports. the soundness of FHA’s underwriting proce- rowers; and, HUD activities to ensure par- Three other sub-reports are listed for repeal dures and other activities relating to the ticipation by these groups.) under Section 1005.) FHA’s ability to serve nation’s homebuyers (9) HUD annual report. Due: Annually. (21) FDIC report on operations of the Cor- and renters, as well as the effectiveness of (This is an annual report by the Secretary to poration. Due: Annually. (The report also in- the Mortgagee Review Board which takes ac- the President for submission to the Congress cludes information on the BIF and SAIF.) tion against mortgagees in violation of the on all operations and programs under HUD’s (22) Federal Financing Bank report on ac- Fair Housing Act or other statutory require- jurisdiction during the previous year.) tivities of the Bank. Due: Annually. (The ments.) (10) HUD annual report. Due: Annually. FFB lends to federal agencies to reduce the Section 1103. Coordination of Reporting Re- (This is a general requirement for an annual cost of borrowing, ensure coordination of quirements. report from the Secretary to the President borrowings with federal fiscal and debt man- Subsection (a) requires the FDIC’s annual on the activities of HUD for submission to agement, and assure minimal disruption of report to include the agency’s annual con- Congress.) private markets and institutions.) sumer affairs report. (11) FEMA report on operations under the (23) Federal Housing Finance Board Annual Subsection (b) requires the annual report National Flood Insurance Act of 1968. Due: Report. Due: Annually. of the Federal Reserve Board of Governor to Biennially. (This report covers operations of (24) Federal Reserve survey of bank fees include the Fed’s annual report of activities the national flood insurance program offered and services. Due: Annually. (The report cov- under the Equal Credit Opportunity Act, the to communities which enforce flood plain ers discernible changes in cost and avail- Board’s annual consumer affairs report, the management measures.) ability of bank services.) annual report on administration of the (12) HUD report on Indians and Alaska Na- (25) Federal Reserve assessment of the Truth in Lending Act, and the Fed’s annual tive housing and community development. profitability of credit card operations of de- report on policy actions of the Federal Open Due: Annually. (The report covers the hous- pository institutions. 15 U.S.C. 1637 Due: An- Market Committee and the Board. ing needs of Indian tribes in the U.S. and nually. (The report also discusses trends in Subsection (c) requires the OCC annual re- HUD’s activities in meeting such needs. It credit card interest rates.) port to include the agency’s annual con- includes estimates of the costs of projected (26) Federal Reserve report on credit card sumer affairs report. Subsection (d) requires the Ex-Im Bank’s activities for succeeding fiscal years, statis- price and availability information. Due: annual report on export financing competi- tics on the conditions of Indian and Alaska Semiannually. (The Board provides informa- tion to include the tied aid report, and Native housing, and recommendations for tion on a sample of 150 card issuers twice a makes the latter an annual rather than new legislation.) year.) (27) Federal Reserve activities under the semi-annual report. (13) HUD report on actuarial soundness of Equal Credit Opportunity Act. Due: Annu- Subsection (e) requires HUD’s annual re- the Mutual Mortgage Insurance Fund. Due: ally. (This information is included in the port to include the Department’s two annual Annually. (The report describes HUD actions Board’s annual report.) reports required under the Civil Rights Act to ensure the Fund maintains a capital ratio (28) Federal Reserve report on administra- relating to progress in eliminating housing of at least 1.25 percent.) tion of and recommendations as to changes discrimination and data on applicants and (14) Treasury Department report on in the Truth in Lending Act. Due: Annually. participants in HUD programs, the Depart- progress in enhancing human rights through (The report provides information on compli- ment’s annual and biennial reports on lead U.S. participation in international financial ance with TILA regulations.) based paint, the Department’s annual report institutions. Due: Quarterly (to Banking and (29) Federal Reserve Board of Governors re- on all HUD programs and operations, and International Relations Committees). port of activities. Due: Annually. HUD’s annual report on housing programs (15) Treasury Department reports: (a) Fi- (30) Federal Reserve report on policy ac- related to Indians and Alaskan Natives. nancial statement and report of transactions tions of the Federal Open Market Committee Subsection (f) requires the annual report of of the Exchange Stabilization Fund (ESF). and the Board. Due: Annually. (This is in- the Federal Housing Administration to in- Due: Monthly (to Banking Committee); and cluded in the Fed’s annual report.) clude the annual report on early defaults on (b) Operations of the ESF. Due: Annually. (31) Federal Trade Commission’s reports on FHA-insured loans and the annual report on (16) OCC, FDIC, and Federal Reserve Board administration of the Fair Debt Collection the actuarial soundness of the Mutual Mort- reports on activities of the consumer affairs Practices Act. Due: Annually. (The report gage Insurance Fund. division. Due: Annually. (These reports de- covers elimination of abusive debt collection Subsection (g) amends the International scribe actions taken by the agencies to pre- practices.) Financial Institutions Act to change Treas- vent unfair or deceptive acts or practices by (32) National Credit Union Administra- ury’s report on promoting human rights banks and to address consumer complaints.) tion’s report on operations and financial in- through international financial institutions (17) OCC Annual Report. Due: Annually. formation. Due: Annually. from a quarterly report to an annual report. (18) OTS report on minority institutions. (33) Treasury Department report on activi- Section 1104. Elimination of certain reporting re- Due: Annually. (This report relates to OTS ties and audit of financial statement of the quirements. actions to preserve minority ownership of Resolution Funding Corporation. Due: Annu- Provides for the repeal of certain Export- minority financial institutions many of ally. (REFCORP was established by FIRREA Import Bank reports. One is a report from which serve lower income and minority com- to raise funding for RTC resolution of insol- the President requesting legislation if the munities.) vent S&Ls. Funds are appropriated to Treas- amount of direct loan authority or guar- (19) Appalachian Regional Commission re- ury to pay interest on obligations issued by antee authority available to the Export-Im- port to activities. Due: Annually. (The re- REFCORP.) port Bank for the fiscal year involved ex- port covers Federal-State activities to sup- (34) Neighborhood Reinvestment Corpora- ceeds the amount necessary. This report is port economic development in the 13 Appa- tion’s annual report. Due: Annually. (The being repealed because it is a corollary to lachian states.) corporation was set up to continue the work the President’s annual report on sufficiency (20) Export-Import Bank reports: (a) Ex- of the Urban Reinvestment Task Force in es- of Ex-Im authority which expired pursuant port financing competition. Due: Annually. tablishing neighborhood housing services to the sunset. There are four ‘‘sub-reports’’ (This report reviews how well Ex-Im’s pro- and providing grants and technical assist- to Ex-Im’s annual report that are also to be grams compete with those of other export ance to facilitate reinvestment.) repealed: (1) a report on specific Ex-Im’s pro- credit agencies, and includes other ‘‘sub-re- (35) Voluntary agreements under the De- grams and activities to promote nonnuclear ports’’ which will also continue, i.e. the fense Production Act. Due: At least annu- renewable energy resources and description Trade Promotion Coordinating Committee ally. (This report is due to the Congress and of Ex-Im’s actions to assist small business (TPCC) Strategic Plan, Advisory Committee the President from any individual(s) des- which is being repealed because this infor- comments on Ex-Im’s competitiveness, and ignated by the President, describing vol- mation is already included in other reports; Competitive Insurance Opportunities report untary agreements and plans of action in ef- (2) a report on Ex-Im’s actions on maintain- on Ex-Im deals with respect to countries fect for preparedness programs and expan- ing ‘‘key linkage industries’’ which is unnec- that deny opportunities to US insurance sion of production capacity and supply.) essary because Ex-Im’s annual report covers

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.001 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26233 exports for various industries; (3) a report on SUBTITLE STREAMLINING AGENCY ACTIONS issue with a few provisions in that bill Ex-Im’s measures to supplement financing Section 1221. Elimination of Duplicative Disclo- and refused to take it up. for agricultural commodities which was en- sure of Fair Market Value of Assets and Li- Therefore, in the interest of enacting acted 20 years ago but which is no longer abilities. the great number of positive, non- needed with Ex-Im continuing to be involved Clarifies that banking agencies need no in this area; and (4) a report on Ex-Im’s pro- controversial provisions, in the inter- longer pursue further development of the est of advancing legislation, we are grams on the export of services which is also supplemental disclosure method. Even so, covered in the annual report since it is part Section 36 of FDIA and its supporting regula- therefore back before this body with- of Ex-Im’s activities. tions provide agencies with discretion to out the excellent provisions that the This section also provides for the repeal of seek additional information in regulatory re- Senate refused to accept. a semi-annual FDIC report on the agencies ports and annual reports regarding fair mar- Most critically, I am extremely dis- efforts to maximize the efficient use of pri- ket value. vate sector contractors to manage assets appointed that today’s bill drops a pro- held by the agency. There is little need for Section 1222. Payment of Interest in Receiver- vision that I authored to authorize 1 the report today since assets have declined ships With Surplus Funds. percent down FHA mortgage loans for significantly since 1991. The 1999 report Gives the FDIC the authority to establish teachers, policemen, and firemen who showed the agency had only about 3% of the a uniform interest rate with regard to re- would buy a home in the school district assets in liquidation it had 7 years earlier. ceiverships. or local employing jurisdiction where TITLE XII—FINANCIAL REGULATORY RELIEF Section 1223. Repeal of Reporting Requirement they work. on Differences in Accounting standards. Section 1200. Short Title. The purpose of my bill was to provide Amends the requirement for each agency This title may be cited as the ‘‘Financial low downpayment loans to these crit- to produce an Annual Report on ‘‘Agency ical public servants to help them afford Regulatory Relief and Economic Efficiency Differences in Reporting Capital Ratios and Act of 2000. Related Accounting Standards.’’ Instead, to buy a home in the community they Section 1201. Repeal of Savings Association Li- this provision directs the Federal banking serve, and to help schools and localities quidity Provision. agencies to jointly produce one report. recruit teachers, policemen, and fire- Repeals unnecessary provisions relating to Section 1224. Extension of Time. men. savings association liquidity requirements. Extends deadline for new FHLB capital The Congressional Budget Office had Section 1202. Non-controlling Investments by rules from 12 months to 28 months. projected that this provision would Savings Association Holding Companies. SUBTITLE D—TECHNICAL CORRECTIONS generate $125,000 new loans to teachers, Allows a savings and loan holding company Section 1231. Technical Correction Relating to policemen, and firemen over the next 5 to acquire a five to twenty-five percent non- Deposit Insurance Funds. years. Moreover, CBO projects it would controlling interest of another SLHC or sav- Makes technical correction to FDIA. have increased the Federal budget sur- ings association, subject to the approval of plus by $162 billion over the same 5- the Director of the OTS. Section 1232. Rules for Continuation of Deposit Insurance For Member Banks Converting year period. It was a win-win situation. Section 1203. Repeal of Deposit Broker Notifica- Charters. And, the provision was supported by tion and Record Keeping Requirement. Makes technical changes with regard to a the Fraternal Order of Police, the Repeals requirement that brokers file a cross-reference cite. American Federation of Teachers, the written notice with the FDIC before solic- Section 1233. Amendments to the Revised Stat- National Education Association, the iting or placing deposits with an insured de- utes of the United States. American Association of School Ad- pository institution. 503(a) Provides that the Comptroller may ministrators, et cetera. Section 1204. Expedited Procedures for Certain waive the U.S. citizenship requirement for Reorganizations. In short, it is most unfortunate that up to a minority of a national bank’s direc- today’s bill omits that critical provi- Simplifies procedures for a national bank tors. The Economic Growth and Regulatory sion. Be assured, the House will be reorganizing into a bank holding company. Paperwork Reduction Act (EGRPRA) inad- back again next year fighting for its Section 1205. National Bank Directors. vertently deleted the long-standing author- ity of the Comptroller to waive the citizen- enactment. Permits national banks to elect directors The bill we are now considering in- to terms of up to 3 years on a staggered ship requirement for up to a minority of di- basis. Permits Comptroller to remove the rectors of national banks that are subsidi- cludes not only the Manufactured limitation on the number of board members. aries or affiliates of foreign banks. Housing Improvement Act, largely the 503(b) Updates Section 11 to reflect that House version, for which both the gen- Section 1206. Amendment to Bank Consolidation national banks no longer issue national cur- tleman from New York (Mr. LAZIO) and and Merger Act. rency, while maintaining the provision that Permits national bank, upon approval of prohibits the Comptroller from owning inter- the gentleman from Massachusetts Comptroller, to merge or consolidate with est in the national banks they regulate. (Mr. FRANK) in particular deserve spe- its subsidiaries or nonbank affiliates—with 503(c) Repeals Section 5138 of the Revised cial credit, but a number of other ini- no increase in powers for the national bank. Statutes (first enacted in 1864), which im- tiatives that have had broad bipartisan Section 1207. Loans on or Purchases by Institu- poses minimum capital requirements for na- support, including other housing pro- tions of their own Stock. tional banks. This minimum capital require- posals, language reauthorizing the ment (ranging from $50,000 to $200,000) is ob- Repeals prohibition on a bank owning or Humphrey-Hawkins report and other solete, since Congress granted the Federal holding its stock, but retains prohibition on key consumer housing reports, and banking agencies the regulatory authority making loans or discounts on the security of to establish minimum capital requirements some technical changes of importance its own stock. in 1983. to bank and thrift regulators. Section 1208. Purchased Mortgage Servicing Section 1234. Conforming Change to the Inter- With respect to housing provisions, Rights. national Banking Act of 1978. today’s bill includes a number of provi- Authorizes the appropriate Federal bank- Allows branches and agencies of foreign sions with bipartisan support that have ing agencies to jointly simplify capital cal- banks that satisfy the asset test imposed on been pulled together from homeowner- culations by not requiring banks or thrifts domestic banks to be examined on an 18- ship and elderly housing legislation to distinguish between types of mortgage month cycle instead of the 12-month cycle. that has previously passed the House. servicing rights. This would allow regulators to value marketable mortgage servicing as- Mr. Speaker, I reserve the balance of The bill addresses the challenge of sets in capital determinations up to 100% of my time. meeting the affordable housing and their fair market value rather than the cur- Mr. LAFALCE. Mr. Speaker, I yield health care needs of our growing elder- rent level which is limited to 90% of fair myself such time as I may consume. ly population. market value. Mr. Speaker, in October of this year, I am especially pleased the House is SUBTITLE B—STREAMLINING ACTIVITIES OF our House passed S. 1452, a bill that in- again acting on my initiative to make INSTITUTIONS cluded a number of housing and bank- FHA reverse mortgages more afford- Section 1211. Call Report Simplifications. ing provisions that had been developed able when used to buy long-term care Provides for the modernization of the call on a bipartisan basis. Unfortunately, insurance. This provision has recently report filing and disclosure system. the majority party in the Senate took been enhanced by adding a requirement

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that any long-term care insurance pol- York (Mr. LAFALCE) said, let me stress PMI, as it is noted. This is what Con- icy must comply with disclosure, suit- that the gentleman from New York gress intended in 1998 in the bills that ability, and contingent nonforfeiture (Mr. LAZIO) and I were deeply dis- we passed at that time. requirements recently adopted under appointed that the provision men- This clarification will be particularly the National Association of Insurance tioned was deleted from the bill, and I helpful to those with certain adjustable Commissioners’ model reg in order to am hopeful in the next Congress we can rate mortgages. The bill also ensures qualify for the lower premium. move forward with that kind of provi- that defined terms, such as ‘‘adjustable The bill also includes a number of sion. I would be delighted to assist the rate mortgage’’ and ‘‘balloon rate provisions designed to encourage gentleman in that effort. mortgages’’, are used consistently and mixed-income mixed-finance elderly Mr. Speaker, I yield 5 minutes to the appropriately. So this particular piece housing. This is something we need to distinguished gentlewoman from New of legislation is consistent also with do much more of. And it increases Jersey (Mrs. ROUKEMA), the sub- what the gentleman from Utah (Mr. flexibility for federally-funded service committee chairman. HANSEN), a leader on this issue, desires. coordinators, and provides more re- Mrs. ROUKEMA. Mr. Speaker, cer- His legislation and leadership has been sources to sponsors of existing elderly tainly I rise in strong support of this helpful, and we have put it into this housing to make needed capital re- bill. bill. pairs. As has been outlined, it comprehen- Again I want to thank the gentleman Our bill also represents a balanced sively addresses a range of banking from Iowa (Mr. LEACH) and the gen- resolution of the 3-year effort to re- issues: as mentioned, the important tleman from New York (Mr. LAFALCE), form our manufactured housing legisla- housing provisions and regulatory bur- and look forward to clearing up a lot of tion. I would point out that the final den restrictions and regulation provi- ambiguities in the law through this product reflects a number of demo- sions. legislation for the good of all people in cratic pro-consumer initiatives. Certainly I want to thank the chair- housing, as well as regulatory relief. For the first time, we will be estab- man, the gentleman from Iowa (Mr. Mr. FRANK of Massachusetts. Mr. lishing a national Federal installation LEACH), for his outstanding leadership Speaker, I ask unanimous consent that standard, and requiring that there be a for bringing this bill in this form back I be allowed to control the time of the dispute resolution process in each to the floor. As has been noted, it was gentleman from New York (Mr. LA- State to adequately address consumer passed in October, but it did not get ap- FALCE). complaints. proved in the Senate. The SPEAKER pro tempore (Mr. With regard to the process of updat- In any case, I want to point out how LAHOOD). Is there objection to the re- ing our construction and safety stand- deeply involved a number of us have quest of the gentleman from Massachu- ards, we have revised the initial legis- been on this legislation. I want to setts? lation to put HUD back in charge of point out that it is very important for There was no objection. setting standards, and have balanced us to resolve them hopefully once and Mr. FRANK of Massachusetts. Mr. the consensus committee process and for all. Speaker, I yield myself such time as I eliminated its strong role in setting en- The regulatory relief provisions of may consume. forcement regulations, as proposed in the bill I would like to focus on be- Mr. Speaker, I am pleased that at previous drafts of this bill. cause Congress has a defined responsi- this late date we are still able to move Should the present chairman of the bility, and we have recognized that, to this bill forward. I would like to make Subcommittee on Housing and Commu- assure the Federal laws and regula- a point that sometimes escapes our nity Opportunity wind up being Sec- tions and the supervisory system pro- friends in the press and the rest of the retary of HUD, I think he will be espe- mote safety and soundness of the bank- press, which may be the majority. cially happy that he conceded on those ing system. Unnecessary regulatory The House is continuing to function, issues to us. burdens by their very nature, as we as will the other body. We will pass im- Finally, the legislation includes a have learned over and over again in portant legislation. There is this as- number of noncontroversial but impor- these recent years, unnecessary regu- sumption among headline writers and tant provisions in the housing area, in- latory burdens have the effect of under- some others that when there are major cluding technical corrections of the mining the ability of banks to operate differences of opinion between the par- Private Mortgage Insurance Act, na- efficiently and effectively. ties, somehow that means paralysis of tive Hawaiian housing legislation, Na- I want to point out that I am pleased the whole institution. tive American housing legislation, and that this bill includes H.R. 1585, the 1100 a number of rural housing provisions. Depository Institution Regulatory b The package also contains other im- Streamlining Act, which I introduced This is one further example of the portant initiatives that have had broad in Congress and have gotten broad sup- fallacy of that viewpoint. We are capa- bipartisan support in the House: legis- port for. So I am very pleased that this ble of strong disagreement on some im- lation reauthorizing the critical Hum- is included. portant issues and at the same time phrey-Hawkins report and a number of There are a number of technical pro- being able to work together on non- other important consumer and housing visions, but we widely agree on a bipar- ideological matters that advance the reports that are essential in helping tisan basis that this is necessary. I am public interest. This is an example. the authorizing committee to shape pleased that the bill contains many of There have probably been few times policy; some largely technical changes the provisions that we have worked to- in our country’s history when there has intended to remove some inefficiencies gether on in a cooperative fashion, been a greater partisan division over in the bank and thrift regulatory sys- both on a bipartisan basis with the in- some important subjects; that does not tem. dustry and with the regulators and all prevent this committee, and this House As we reach the end of this congres- the members of the Committee on and, ultimately, this Congress from sional session, we should pass this very Banking and Financial Services. moving forward with an important sound piece of banking and housing I want to stress here something that piece of legislation that was more im- legislation. has not been mentioned specifically. portant than people will know, because Mr. Speaker, I would urge its adop- That is the private mortgage insurance it is not controversial. tion, and I reserve the balance of my technical corrections and clarifications We do have a journalistic tendency to time. that are included in this bill. equate controversy with importance, Mr. LEACH. Mr. Speaker, I yield my- In particular, this bill will clarify the and if Members are not yelling at each self such time as I may consume. cancellation and termination issues to other, nobody knows about it. This is a Mr. Speaker, first in response to ensure that homeowners will be able to very significant piece of legislation something the gentleman from New cancel private mortgage insurance, that will advance important housing

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interests, and it will be done in this LAZIO) on that, and we extend that ing measures which the House has al- kind of fashion. somewhat here. ready approved throughout the 106th There are some very important spe- We do some other important things Congress. cifics. The manufactured housing piece in this bill within the limits that were Though our economy is strong, it im- has been alluded to. I want to acknowl- set for us, and this is the final point I perative that Congress continue to edge that the gentleman from Indiana want to make, this is an example of co- focus on the needs of those who are in (Mr. ROEMER), who sits here and who operation on a nonideological set of need of clean, safe, and affordable will be speaking later, did an enormous issues where we were able to, within housing. Furthermore, we must recog- amount of work with me and others in the framework of existing programs nize that often outdated or poorly persuading us of the importance of and law, improve things. crafted regulations are the only bar- sticking with it. There is one other specific thing I riers standing between working fami- We had some disagreements. I do not want to mention that is important, and lies and homeownership. think everything in this is perfect. that was we make it easier to ease Fed- Accordingly, I want to thank our Mr. Speaker, I yield to the gentleman eral housing assistance supplied good friend and colleague, the gen- from Iowa (Mr. LEACH), chairman of through HUD in conjunction with the tleman from Iowa (Mr. LEACH), our dis- the Committee on Banking and Finan- low-income housing tax credit, and we tinguished chairman of the Committee cial Services, because he and I had a should again be doing more of that on Banking and Financial Services for colloquy on the manufactured housing next year. That is a very important the introduction of this legislation now piece in the last discussion of this bill. piece that the gentleman from New before us. And I would just like to incorporate it York (Mr. LAZIO) and I have worked on, In addition, I want to commend the by reference and ask the gentleman if and I am very pleased that we have gentleman from New York (Mr. LAZIO), he agrees that our previous colloquy been able to do that to improve the ef- chairman of the Subcommittee on should stand with regard to this bill. ficiency of both programs so they can Housing and Community Opportunity, Mr. LEACH. Mr. Speaker, I fully go further. for his diligence and outstanding work agree with the gentleman from Massa- This leaves us, however, with an un- in seeing these measures through to a chusetts (Mr. FRANK), and I believe it done task. And I am grateful to the successful conclusion. The gentleman from New York (Mr. LAZIO) throughout was a thoughtful expression of concern gentleman from Iowa (Mr. LEACH), the his tenure in the Congress has been a on the gentleman’s part in the last de- gentleman from New York (Mr. LAZIO), bate, and that colloquy should stand and the staffs of both committees who strong champion for affordable, acces- exactly as in this debate. did an enormous amount of important sible and quality housing for all of our Mr. FRANK of Massachusetts. Mr. technical work on this bill, which is citizens. The legislation before us today pro- Speaker, I thank the gentleman from primarily a technical bill. We did the vides grants to States and local gov- Iowa (Chairman LEACH), and I hope we best we could within the framework. ernments to renew regulatory barriers have set an example for our colleagues Now is the time to address the frame- against affordable housing. It also pro- by referring to something we both said work. vides for the refinancing of home eq- before and not repeating it. There is a housing crisis increasingly uity conversion mortgages for our el- The manufactured housing piece is in this country caused, ironically in derly and provides authorization for important, because manufactured some part, by prosperity because, as public housing authorities to provide housing is important. Manufactured some people increase their wealth, down payment assistance and impor- housing is an undervalued housing re- those who are not participants in that tant construction and safety standards source, particularly for people of mod- prosperity find themselves squeezed. for manufactured homes. erate income, and to the extent that That is why we tried, as the gentleman Moreover, this legislation provides we can advance the ability of the man- from Iowa (Mr. LEACH) and the gen- numerous other worthy programs to ufactured housing industry to supply tleman from New York (Mr. LAFALCE) streamline and provide homeownership that important niche in the housing mentioned, to extend some special help opportunities. market, we should take it. We advance in cities to policeman and teachers, Accordingly, Mr. Speaker, I urge all it in this bill. people who serve our public interests of our colleagues to support this impor- There are some gaps, as we have said, and who are sometimes required by law tant omnibus housing measure, and I and I look forward to working on them to live in the municipality where they thank the gentleman from Iowa for next year. We also took some steps to work but find themselves by economic yielding the time to me. further protect those tenants who are trends priced out of an ability to live Mr. FRANK of Massachusetts. Mr. living in federally subsidized ten- there. Speaker, I yield 4 minutes to the gen- dencies, not public housing, but pri- We tried to help them. It is time for tleman from Indiana (Mr. ROEMER), vately owned, federally subsidized ten- us to get back in the business of in- who did so much to make sure that we ancies, who would otherwise have been creasing housing production. This bill address the manufactured housing victimized by a 20-year expiration date and the previous bill that we adopted issues in this bill. that was put into the law that should goes as far as it is possible to go with- Mr. ROEMER. Mr. Speaker, I thank not have been. This tweaks further leg- out getting back in the housing pro- my good friend, the gentleman from islation, that we did in a favored way duction business, but the demands of Massachusetts (Mr. FRANK) for yielding earlier, the gentleman from New York this society are such that now we have time to me, and I would like to start (Mr. LAZIO), chairman of the Sub- to get back in the housing production by talking about this bipartisan bill in committee on Housing and Community business, and I hope we will be able to a bipartisan way and saying to my col- Opportunity, and I had worked on. We do that next year. leagues here, as the gentleman from in this past Congress, essentially pro- Mr. Speaker, I reserve the balance of Massachusetts (Mr. FRANK), my good tected virtually all of the tenants in my time. colleague said, to the people hopefully those tenancies from eviction. Mr. LEACH. Mr. Speaker, I yield 2 watching on television, that I hope this I wish we could have also protected minutes to the distinguished gen- bill is a stepping stone for successes of the tenancies. We could not. That is, tleman from New York (Mr. GILMAN), a future Congress, that we can work to- when the existing tenants leave, we chairman of the Committee on Inter- gether in a bipartisan way to help will lose those subsidized units. That is national Relations. moderate- and low-income people get something I hope we will address next Mr. GILMAN. Mr. Speaker, I am access to housing and help their chil- year, but we have protected the tenan- pleased to rise today in strong support dren and help their families and help cies. of the American Homeownership and engage in this economy that has bene- I appreciate the ability to work with Economic Opportunity Act of 2000, leg- fitted so many people but has also left the gentleman from New York (Mr. islation containing a number of hous- some behind.

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.001 H05DE0 26236 CONGRESSIONAL RECORD—HOUSE December 5, 2000 I want to especially thank the gen- Mr. Speaker, I again thank my col- and villages and on farms. Through tleman from Massachusetts (Mr. leagues for this bipartisan legislation this method and others, as we mod- FRANK), my friend, and the gentleman and hope this leads to bipartisanship in ernize and make it more likely that from New York (Mr. LAFALCE) for education and debt reduction and elec- these USDA programs will be bene- never giving up on this bill at times toral reform and campaign finance re- ficially used by the USDA’s clients when this process may have killed this form in the next session of Congress. across the country. bill or put it in the Senate, where we Mr. LEACH. Mr. Speaker, I yield my- This legislation, H.R. 5640, contains many had some tough sledding for a while; self such time as I may consume. of the same provisions included in the earlier and I want to thank the gentleman for Mr. Speaker, first let me thank the American Homeownership and Economic Op- your tenacity and your determination. gentleman from Indiana (Mr. ROEMER) portunity Act, H.R. 1776, which passed the I want to thank the gentleman from for his thoughtful additions to this bill. House by a vote of 417–8, on April 6, 2000, Iowa (Mr. LEACH) and the gentleman Manufactured housing is clearly one of with this Member’s support. Unfortunately, the from New York (Mr. LAZIO) for their the most important aspects of the Senate has yet to act on H.R. 1776. In addi- hard work on this legislation. American housing mosaic and key to tion, many of these provisions also were in- In perspective, Mr. Speaker, roughly our future. cluded in S. 1452, which passed the House on one out of every four new homes in Mr. Speaker, I yield 2 minutes to the October 24, 2000, by a voice vote. Unfortu- America is a manufactured home; and gentleman from Nebraska (Mr. BEREU- nately, the Senate failed to act on S. 1452. yet up until today, up until this his- TER). For many Americans, the most important in- toric moment, we have waited almost Mr. BEREUTER. Mr. Speaker, I rise vestment they make is to purchase a home. 26 years to update the regulatory infra- in strong support of this legislation. Homeownership gives an individual or family a structure to say how we will produce Mr. Speaker, this Member wants to sense of pride in themselves, their home, as and manufacture these homes that are express my appreciation and my com- well as in their community. This legislation increasingly better quality and in- mendations to the gentleman from goes to great lengths to promote homeowner- creasingly places for people to start in Iowa (Mr. LEACH), Chairman of the ship for Americans across the entire country. the home equity ladder and moving up. Committee on Banking and Financial The following are, in this Member’s opinion, This is historic in meeting this chal- Services; the gentleman from New six significant provisions, among many others, lenge from the American people. I am York (Mr. LAZIO), Chairman of the Sub- of the American Homeownership and Eco- very happy we finally are there today committee on Housing and Community nomic Opportunity Act of 2000. passing this legislation. Can we imag- Opportunity; the gentlewoman from First, this legislation allows families to use ine if we were passing high-technology New Jersey (Mrs. ROUKEMA); as well as their Federal monthly assistance for down legislation that had not been addressed the gentleman from New York (Mr. LA- payment assistance. for 25 years given the changes in that FALCE); the gentleman from Massachu- Second, this legislation amends Section industry over the last 8 years? setts (Mr. FRANK); and to the gen- 502(h) of the Housing Act of 1949 to allow We have worked with President Bush tleman from Indiana (Mr. ROEMER) and borrowers of the Rural Housing Service (RHS) and Secretary Kemp. We have worked others who have made important con- single-family loans to refinance either an exist- with President Clinton and Secretary tributions in this legislation. ing Section 502 direct or guaranteed loan to a Cisneros and Secretary Cuomo and Mr. This legislation does, through a num- new Section 502 guaranteed loan, provided Apgar on this legislation, and I want to ber of provisions, advance the cause of the interest rate is at least equal or lower than thank them and the Clinton adminis- homeownership across the United the current interest rate being refinanced and tration for their hard work and their States, as well as improving the hous- the same home is used as security. diligence and their patience and their ing opportunities for those Americans This Member supports this legislation as it tenacity to get this legislation through who rent their homes. utilizes the RHS Section 502 Single Family today. Mr. Speaker, I remind my colleagues Loan Guarantee Program. In particular, this In a broader sense, S. 1452 promotes that among the most poorly housed loan guarantee program, which was first au- and expands modified section 202, el- Americans are those that live on In- thorized because of my initiative, has been derly, and section 811, disabled housing dian reservations. In most cases, they very effective in non-metropolitan communities programs. It allows seniors to refi- live in housing that is public housing, by guaranteeing loans made by approved nance federally insured reverse mort- but by the permanent extension of a lenders to low to moderate income house- gages, and it includes numerous bank demonstration program, section 184, we holds. regulatory relief provisions. All of provide for the first time through this In particular, since its inception as a pilot these provisions are very important in legislation a continuing opportunity program in 1991, the Section 502 Single-Fam- including people in the ladder of home- for Native Americans living on Indian ily Loan Guarantee Program has facilitated ownership. reservations to own their own homes. over $10.2 billion in lending in non-metropoli- As a longtime advocate of manufac- This Member believes that is a major tan areas. This translates into 151,000 loans tured housing, I have been working contribution. to families who now own homes which they with the Department of Housing and Additionally, as a part of that effort, otherwise may not have been able to pur- Urban Development for successive through the establishment of an Indian chase. Presidential administrations and for 8 Lands Title Report Commission, with a Third, this measure extends the grandfather years to pass this important regulatory sunset, we will see direction and con- status until the 2010 census for similarly situ- change in the climate of how we ad- sistency given to the Bureau of Indian ated cities nationwide like Norfolk, Nebraska, dress regulations for consumer safety Affairs so that their procedures are to continue to be able to use the USDA Rural and for safe products coming from the standard and have a positive effect Housing Service program. The current grand- industry. across the whole country for the use of father is until the 2000 census, which is cur- I am currently one of the authors and section 184. rently under way. This Member introduced a cosponsors of this Manufactured Hous- In the area of the housing programs bill earlier in the 106th Congress which would ing Improvement Act, which has be- of USDA, this legislation makes a accomplish the furtherance of this grandfather come title VII of this bill. It seeks to number of very important advances. provision until 2010. reform and improve the Federal manu- Among other things, it makes it pos- Fourth, this legislation also includes a per- factured housing program by modern- sible for us to extend the provisions of manent authorization of Section 184, the Na- izing 26-year-old statutory frameworks the so-called ‘‘Norfolk amendment’’ to tive American Loan Guarantee program, which that have often been characterized by those medium-sized cities that are non- this Member authored. Under current law, the ineffective allocation of resources metropolitan for the next decade. Section 184 program is authorized through within the agency and a poor response These are important provisions of 2001. A very conservative estimate would sug- to the needs and concerns of both man- USDA’s housing programs for those of gest that the Section 184 program should an- ufacturers and consumers. us Americans who live in smaller cities nually facilitate over $72 million in guaranteed

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00039 Fmt 0688 Sfmt 9920 E:\BR00\H05DE0.001 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26237 loans for privately financed homes for Indian some legislation that was proposed and Mr. FRANK of Massachusetts. Mr. families who are otherwise unable to secure passed. And actually seeing it in place Speaker, I would just on behalf of ev- conventional financing due to the trust status was an exciting thing for me. eryone on our side want to reciprocate, of Indian reservation land. Let me point out two or three things because the gentleman from New York Fifth, a provision is included in this legisla- that I think are particularly signifi- (Mr. LAZIO) has been an exemplar of tion which would create a short term Indian cant about this piece of legislation. our ability to at the same time have Lands Title Report Commission to improve the One of those is wherein people can use disagreements on major policy issues procedure by which the Bureau of Indian Af- section 8 dollars for down payment on that are legitimately debated and yet fairs conducts title reviews in connection with a home. I believe that if we can have to be able to work in a very construc- the sale of Indian lands. This provision is iden- families who have wonderful homes or tive fashion on a broad range of com- tical to a bill that this Member introduced pre- have comfortable homes where they mon agreement. viously in the current 106th Congress. More- can raise their families and live to- I thank the gentleman from New over, this Commission should facilitate the gether and enjoy one another, we can York for helping us set that wonderful Section 184 program to benefit additional Na- deal with many of the issues that we example, and he can look back on a tive Americans in purchasing homes. address in our particular country. record of a very significant accom- Sixth, this Member is pleased that as a mat- One section, section 904, provides for plishment of protecting vulnerable ten- ter of equity, this legislation extends Native section 8 housing assistance for grand- ants. American housing assistance to Native Hawai- families, meaning grandparents or Mr. LAZIO. Mr. Speaker, I thank the ians. In particular, it applies the Section 184 great grandparents who are raising gentleman very much. Loan Guarantee program to the unique legal their grandchildren. In my congres- More than ever in the impending po- status of the Hawaiian home lands. sional district, that is a significant litical environment, comity and bipar- Lastly, it is important to note that this bill no issue; and I am constantly confronted tisan cooperation, as the gentleman longer contains the Federal Housing Adminis- by grandparents and great grand- from Massachusetts (Mr. FRANK) has tration (FHA) reduced downpayment provi- parents saying ‘‘I need help.’’ So I am just referred to, will be the overriding sions for municipal employees. This provision so happy to see this in the legislation guiding principles that will shape pub- as well. resulted in opposition to the bill by some in the lic policy. With regard to pilot programs for Senate. Hopefully, the Senate will now finally Mr. Speaker, like no other country in homeownership for disabled families, act on the American Homeownership and Eco- the world, Americans cherish the ideals that is an important issue as well. of self-sufficiency and independence nomic Opportunity Act of 2000. So I just come here to say I am that is embodied in the family home. In closing, this Member, because of the pleased that we in this Congress on For many of us, the most important fi- above provisions, and for other reasons, this date, December 5, are able to pass nancial investment that we make in would encourage his colleagues to vote for a significant piece of legislation that is our lives is the purchase of a home. H.R. 5640. bipartisan so that the public can see we Homeownership creates a sense of com- Mr. FRANK of Massachusetts. Mr. are moving forward with the issues of 1 munity, binding neighbors together, in- Speaker, I yield 2 ⁄4 minutes to the gen- the day and representing the American vesting all in the common good. tlewoman from Ohio (Mrs. JONES), a people. very active member of the Sub- Mr. LEACH. Mr. Speaker, I yield 6 Today, two-thirds of Americans own committee on Housing and Community minutes to the gentleman from New their own homes, continuing a trend since the mid-1990s of historically high Opportunity. York (Mr. LAZIO), this body’s great Mrs. JONES of Ohio. Mr. Speaker, I friend and I guess the term is ‘‘soon to homeownership rates. Much of this suc- would like to thank the gentleman be departed,’’ but with our greatest, cess is attributed to the strong Amer- from Iowa (Mr. LEACH), the chairman greatest esteem. ican economy, a product of Federal fis- of the Committee on Banking and Fi- Mr. LAZIO. Mr. Speaker, let me cal restraint, and the enterprising spir- nancial Services, and the gentleman thank the gentleman from Iowa (Mr. it of working men and women across from New York (Mr. LAFALCE), my LEACH), the distinguished chairman of the country. ranking member on the Committee on the Committee on Banking and Finan- Yet a paradox of the strong economy Banking and Financial Services, and cial Services, not just for his persist- has been the rising real estate prices the gentleman from Massachusetts ence and hard work, his profes- unmatched by a similar rise in income (Mr. FRANK), the ranking member on sionalism and dedication with respect for many working families. For African the Subcommittee on Housing and to this bill, but as a partner and as a American and Hispanic American popu- Community Opportunity, for all the friend, as an honest broker, as some- lations, homeownership rates continue work that they do in this particular body who has worked very hard over to remain under 50 percent. area. these last 6 years to enact sweeping We are also confronting a demo- In my first term of Congress, serving housing legislation. I am very, very ap- graphic explosion as America’s baby on the Subcommittee on Housing and preciative for his extraordinary efforts. boomers move into retirement years. Community Opportunity has been one Mr. Speaker, I would also like to Today, there are more than 33 million of the most exciting opportunities that thank the members of the committee, Americans age 65 years and older. By I have had. I am glad to serve as the the gentleman from Massachusetts the year 2020, the number will grow to chair of the Housing committee for the (Mr. FRANK), who has been a terrific almost 53 million, or one in every six Congressional Black Caucus. partner as well in working through in a Americans. Already more than a mil- This piece of legislation will provide bipartisan fashion many of these lion senior citizens across the country a number of incentives for housing issues, the gentleman from New York are experiencing worst-case housing ownership in my congressional district. (Mr. LAFALCE), Members on both sides needs. Our challenge is to do more. Our b 1115 of the aisle who have been tremendous advocates for housing. blueprint is before us. Today we con- On December 1, I had the pleasure to Last, but certainly not least, I thank sider what in many ways is the final have an opportunity to celebrate World the people who staff the committee on piece of the housing puzzle. During my AIDS Day and went to a facility in my both sides of the aisle, a thankless job time as chairman of the Subcommittee congressional district funded as a re- that should be acknowledged; and, in on Housing and Community Oppor- sult of some of the work that we have my humble way, I hope I can right tunity, we have enacted the most com- been doing on the Subcommittee on now. prehensive public housing reform in 60 Housing and Community Opportunity Mr. FRANK of Massachusetts. Mr. years. We have reformed Native Amer- to visit a home, a facility, where there Speaker, will the gentleman yield? ican housing, section 8 housing. We are 14 apartments for people who are Mr. LAZIO. I am happy to yield to have provided the first major partner- living with AIDS just to see in place the gentleman from Massachusetts. ship with the Habitat For Humanity,

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.001 H05DE0 26238 CONGRESSIONAL RECORD—HOUSE December 5, 2000 reverse mortgages for seniors. We have for his steady and committed work and This is a bill that has returned to the set in place mechanisms to provide per- focus on behalf of affordable housing House with a very important provision manent housing solutions to homeless- initiatives throughout our country. unfortunately deleted because it could ness. Most recently, we have provided a I also want to thank the gentleman not receive consensus in the other means to preserve affordable housing from New York (Mr. LAFALCE), also the body. But I am very hopeful that this for seniors and individuals with disabil- gentleman from Iowa (Mr. LEACH), our bill in its current form can be accepted ities incorporated right in this bill. committee chair, and the gentleman by the other body and that we will Mr. Speaker, our proposal will build from New York (Mr. LAZIO) for bring- have a change in law that will be for on these accomplishments and help ing this bill to the floor in such a bi- the good of the country and particu- provide millions more Americans with partisan manner. larly for the good of those Americans greater opportunity for affordable I come from one of the areas in the that are on the cusp of being able to af- housing and homeownership. Let me country which is really quickly becom- ford a family home. I urge acceptance mention just a few of the provisions ing the least affordable area to live in, of this bill. that will make a very real difference in the Bay Area of California. So as a Ms. PELOSI. Mr. Speaker, I rise in support the everyday lives of Americans across Member of this subcommittee, I have of the American Homeownership and Eco- the country. been very pleased to work with our nomic Opportunity Act which would enhance Today, more than 3 million families leadership to develop this bill. America’s affordable housing and promote receive annual rental assistance I want to just say a couple of things homeownership opportunities. Far too many, through HUD section 8 voucher pro- with regard to housing, because we an estimated 5.4 million Americans, suffer gram. Many of these families would know that housing is really not just a worst-case housing needs, paying more than rent for life, never being able to roof over one’s head. Having a decent 50 percent of their income for housing, and achieve a sense of homeownership, place to live can make all of the dif- this bill takes important steps to address this never being able to achieve and build ference in the world in terms of the and related housing needs. The bill would en- quality of life. personal equity. able tenants to use their section 8 rental as- Also, homeownership provides one Our proposal builds on a successful sistance as a downpayment toward home- with a stake in the American dream. It nonprofit demonstration project in my provides the average, ordinary Amer- ownership, strengthen the service delivery of home district on Long Island to allow ican with the ability to develop equity elderly and disabled service coordinators, and families receiving section 8 to aggre- so that he or she may develop a small streamline manufactured housing standards. gate up to 1 year’s worth of assistance I strongly support the important provisions in business or send their children to col- toward down payment and closing this bill that would protect tenants of project lege. Not everyone has stock options. based section 8 buildings, especially those costs. So instead of a perpetual cycle of Not everyone can accumulate wealth who have experienced conversion of their rental assistance, we are helping build through mutual funds and through units to market rent levels, through owner opt- personal wealth and a sense of pride. planning in the stock market. So Most importantly, we are helping fami- homeownership is so integral and so se- outs or prepayments. Tenant protections are lies across the country achieve the rious in terms of the ability to realize needed to avoid displacing HUD tenants, to American dream of homeownership. the American dream. provide converted tenants with enhanced As we look to the future, for our par- In a time when our country is experi- vouchers, and to reduce other harmful effects. ents and the generations to come, the encing a time of unprecedented eco- It is vital that Congress enact all the needed issue of affordable housing will be as nomic growth, we must seize this op- legal steps and HUD take the needed admin- critical as the future of Social Security portunity to invest in those who need istrative steps to ensure project based tenants and Medicare. Without a roof over it the most. In communities across our may continue to reside in their units and are one’s head, little else seems to matter. Nation, like, again, in my district in held harmless against conversion’s adverse Our proposal today also includes a Oakland, California, which, again, has consequences. This bill takes important steps comprehensive set of initiatives to give been in the past been a very affordable and in the next Congress, I will continue work- nonprofit housing providers greater city but now is becoming one of the ing toward this goal. flexibility and resources to grow the least affordable cities, we have our I strongly support this bill’s reach back pro- inventory of affordable housing for sen- nonprofits and developers and local vision, ‘‘Use of Section 8 Vouchers for Opt- iors and individuals with disabilities. If governments working together to de- Outs’’, which would protect tenants whose we do nothing else, we must provide se- velop strategies to find solutions to our properties were converted in the years before curity and peace of mind for those who housing crisis. This bill will help us Congress addressed the owner opt-out prob- have given so much for their families tremendously in our efforts. lem. This provision would enable HUD to grant and to our country. Clearly, the Federal Government converted tenants protective enhanced vouch- Mr. Speaker, our continuing chal- must always fight hard to maintain ers in opt-out situations extending back to fis- lenge must be to recognize that the what we believe is a very central part cal year 1994. This bill also contains an impor- family home serves as a foundation for to the American dream, and that is tant provision, ‘‘Maximum Payment Standard all else, where we teach our children homeownership. for Enhanced Vouchers’’, which would grant right from wrong, our sanctuary from So I would like to thank both sides some HUD discretion to limit the enhanced the rush of the outside world, and again for allowing us the opportunity voucher payment standard, yet deny this dis- where we draw strength for the other to bring this bill forward. It is one of cretion where it adversely affects HUD ten- pursuits of life and faith. the most important pieces of legisla- ants. The House passed Manufactured Hous- Today we take an important step to- tion this year for my area. I want to ing Improvement Act includes these provisions ward an agenda for housing and the re- thank my colleagues again for the op- in sections 902 and 903. HUD also supports newal of the American dream. portunity to make my presentation. them. This legislator is very proud to be Mr. LEACH. Mr. Speaker, I yield my- It is disappointing that the Senate did not closing out his career doing just what self such time as I may consume. support, and this bill does not include, the he has always loved to do, legislating. Mr. Speaker, in conclusion, let me House passed provisions to promote home- Mr. FRANK of Massachusetts. Mr. thank again the gentleman from New ownership for public service employees, which Speaker, I yield the remaining time to York (Mr. LAFALCE), the distinguished would enable teachers and public safety offi- the gentlewoman from California (Ms. ranking member, and the gentleman cers to obtain FHA loans with a 1-percent LEE), one of our most active and dedi- from Massachusetts (Mr. FRANK), as downpayment. Earlier this year, in coordina- cated supporters of the inadequate well as the gentleman from New York tion with concerned constituents, I authored a housing response. (Mr. LAZIO) and the gentlewoman from successful amendment to the House passed Ms. LEE. Mr. Speaker, I want to New Jersey (Mrs. ROUKEMA), two ex- American Homeownership and Economic Op- thank the gentleman from Massachu- traordinary subcommittee chairmen, portunity Act, H.R. 1776, to extend this oppor- setts for yielding me this time and also on this bill. tunity to prekindergarten teachers. Many cities

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00041 Fmt 0688 Sfmt 9920 E:\BR00\H05DE0.001 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26239 and rural communities, including the district I Nicolet National Forest in my district, comment from the people in my dis- represent, San Francisco, suffer a shortage of and, as I said, millions of acres all trict, they would have understood the quality teachers and are experiencing prob- across our Nation. real impact of this policy. lems recruiting and retaining teachers. To al- It locks away all of this land from I am going to do everything I can, leviate this problem, we must take additional economic opportunities as well as from and I am sure some of my colleagues steps to help teachers and public sector em- the taxpayers who use the land for will follow suit, to make sure that the ployees obtain affordable housing in the com- recreation. I call it a bait and switch people in communities like those in munities they serve. because, throughout this process, while northern Wisconsin have the chance to I urge my colleagues to support this bill and the administration was talking a good publicly comment and have their opin- continue working to increase affordable hous- game about continued access to the ions recorded. In fact, Mr. Speaker, I ing opportunities across the country. forest during the public comment pe- am going to place these letters that I Mr. LEACH. Mr. Speaker, I yield riod, they obviously intended all along have right here from my constituents back the balance of my time. to institute this much more sweeping, into the CONGRESSIONAL RECORD. These The SPEAKER pro tempore (Mr. much more restrictive proposal after letters are but a very small representa- LAHOOD). The question is on the mo- the public’s opportunity for comment tion, a handful of the hundreds of let- tion offered by the gentleman from had expired. ters that I have received opposing this plan. Iowa (Mr. LEACH) that the House sus- b 1130 pend the rules and pass the bill, H.R. There are comments like this one, 5640. Mr. Speaker, throughout this proc- from my constituent, Brian The question was taken; and (two- ess, the people of northern Wisconsin Swearingen, in Appleton, Wisconsin. thirds having voted in favor thereof) have been assured and reassured that He writes, ‘‘While the Forest Service the rules were suspended and the bill responsible timber harvesting would suggests that it has the public interest was passed. not be restricted under this plan. Now, in mind when advocating this initia- A motion to reconsider was laid on the Forest Service drops this final pro- tive, little thought appears to have the table. posal on the folks whose livelihoods are been given to the impact this policy at stake and, to add insult to injury, will have on Americans who enjoy f offers them no chance whatsoever to using our country’s public lands.’’ GENERAL LEAVE comment, telling them that they have I will submit these for the RECORD. already had their chance to speak out. We can only hope that the powers that Mr. LEACH. Mr. Speaker, I ask unan- This is an unbelievable act of arro- be will take them into account. imous consent that all Members may gance by an outgoing administration, APPLETON, WI, November 17, 2000. have 5 legislative days within which to and it should outrage every Member of DEAR REPRESENTATIVE MARK GREEN: As revise and extend their remarks on this body, no matter what their party, someone who enjoys visiting and using our H.R. 5640. public lands, I am writing you to express my no matter how they feel about the The SPEAKER pro tempore. Is there grave concern over the various policy initia- issue itself. Our forests should not be objection to the request of the gen- tives undertaken by the Clinton Administra- locked away from the public by Wash- tleman from Iowa? tion to limit access to public lands. Of par- ington bureaucrats. There was no objection. ticular concern to me is the Roadless initia- Keeping our forests open to multiple tive sponsored by the U.S. Forest Service. f uses is essential to preserving the way While the Forest Service suggests that it of life in my district and in forests all has the public interest in mind when advo- SPECIAL ORDERS across America. Entire communities cating this initiative, little thought appears to have been given to the impact this policy The SPEAKER pro tempore. Under and their economies rely on this access the Speaker’s announced policy of Jan- will have on Americans who enjoy using our for their very survival. And what is not country’s public lands. Of particular concern uary 6, 1999, and under a previous order discussed nearly often enough, keeping is the fact that senior citizens and those of the House, the following Members these areas open to responsible mul- with disabilities will be locked out of our will be recognized for 5 minutes each. tiple use is essential to preserving the public lands if this initiative becomes effec- f forests themselves. tive. Let us go back some time, to 1924, It is important that the Congress begin to FOREST SERVICE RELEASES PRE- when the Wisconsin legislature origi- exercise oversight of the Forest Service espe- cially since the agency seems to be forfeiting FERRED PROPOSAL FOR nally decided to release these lands to ROADLESS AREA INITIATIVE its responsibility to manage our national the Federal Government to create the forests with a multiple use perspective. I be- The SPEAKER pro tempore. Under a national forests. The Federal Govern- lieve that public lands can be utilized and previous order of the House, the gen- ment said explicitly and on the public kept environmentally safe all at the same tleman from Wisconsin (Mr. GREEN) is record that it was acquiring these time. Keeping people out of our public lands recognized for 5 minutes. lands to restore them to a condition of should not be an acceptable solution. Mr. GREEN of Wisconsin. Mr. Speak- maximum productivity and to main- The U.S. Forest Service Roadless initiative must be stopped. Please become active on er, in the brief time I have today, I tain public access. That was the reason this issue. would like to talk about what con- for taking these forests, to maintain Sincerely, sumer advocates would call a case of public access. But, of course, the new BRIAN SWEARINGEN. bait and switch. The shameful deceit of restrictions that I am talking of fly in which I speak was made clear on No- the face of that agreement. FOREST SAWMILL, INC., vember 13, because, on that day, the Obviously, if the Wisconsin legisla- Wabeno, WI, November 28, 2000. Clinton administration’s Forest Serv- ture, if the Wisconsin citizens knew DEAR REPRESENTATIVE MARK GREEN: Thank you for your help in the fight against ice released their, quote-unquote, re- then what we know now, they never the Roadless area. Here are some of my ferred proposal for a roadless area ini- would have transferred these lands. In thoughts on the subject. First I believe we tiative that will close off 60 million fact, some of my constituents are even should be allowed to make public comment acres of public land from the public exploring legal action to try to reclaim on the final plan, since it is so different from itself. As we have learned just recently, these lands. what we were being told at many of the the Forest Service may actually issue I am outraged and I am disappointed meetings. In Mike Dombeck’s opening letter the final version of this plan as early that the Forest Service has brushed he says that he wanted to thank all the peo- as next week. aside so cavalierly the economic im- ple that participated in this rule making. The wealth of insight and experience im- This plan bans road construction, pact this policy will have on commu- proved the proposal and the analyses of so- timber harvesting, and even road re- nities and citizens all across northern cial, economic, and environmental effects. In construction in these areas. This af- Wisconsin. Perhaps if the Forest Serv- reading the summary, I get the feeling that fects 69,000 acres of the Chequamegon- ice had listened or accepted further none of our ideas were taken into account

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and that the meetings were just a smoke FLORENCE COUNTY FORESTRY AND SHAWANO, WI, November 29, 2000. screen to make us believe we were getting PARKS, NATURAL RESOURCES CEN- DEAR REPRESENTATIVE MARK GREEN: I have input. TER, been reading, with growing concern, about Florence, WI, November 30, 2000. the Administration’s efforts to restrict the In looking at the job loss numbers, I be- To: Representative Mark Green. use of our public lands and waterways. While lieve they aren’t accurate. I feel this because From: David S. Majewski, Administrator, I applaud the government’s desire to ensure every job lost has a trickle down effect that Florence County Forestry & Parks, Flor- that our natural resources are there for fu- travels through the whole community and ence, Wisconsin. ture generations to enjoy, unilaterally cut- the whole state. Subject: Federal Roadless Initiative. ting off access to these lands is misguided, As I understand there is a need to com- wrong and in some cases, dangerous. The summary also states on page S–27 that ment on the proposed ‘‘Roadless Initiative’’ For example, if the goal of the Forest Serv- timber production has been reduced from 12 and send the comments to your office. ice Roadless Initiative is to preserve these Billion board feet in 1987 to 3 Billion board The present Administration is trying to lands for our children and grandchildren to feet in 1999. This disturbs me because these ram through an effort on behalf of the ‘‘pres- enjoy by not building roads and trails into areas are already greatly effected by the dra- ervationists’’ that will affect many people these areas, how can they be expected to matic reduction already put in place through and communities. Most of the people in this enjoy them when they cannot get to them? the last 12 years. Many of these areas are group live far away from the lands that are By definition, the lands and adjacent wa- mere skeletons of what they were in the proposed in this effort and it does not impact terways maintained by the federal land man- times of proper forest management. The their day to day lives or affect their liveli- agement agencies are public lands. They are hood. maintained with funds provided by tax dol- western states are fine examples of this. The This proposal is a smokescreen, to create lars as well as entrance and user fees. Yet, Forest Service’s idea to fix the problem is to more wilderness in the very near future. It is the public, as well as Congress, governors, throw money at the problem. This is never a an attempt to stop timber management in local land managers and fire and rescue per- way to fix a problem. (The plan is described these areas. It will affect the economy of sonnel, were not involved in the creation of on page S–10.) The way to fix the problem, is many communities surrounding these Na- these policies. Much of the Forest Service to not create it in the first place. This could tional Forests. It will also cause many seri- land has been statutorily designated as mul- be done by properly managing the resources ous problems for forest protection, which in- tiple-use land. By cutting off access to large we are letting go to waste. clude control of insects, disease, and fire. portions of the land in its care, the Forest The proposal is not good for the health of Service is defying a decades old congres- In closing I think we should give our forest the forests, the economy of the areas, or the sional mandate. back to foresters to manage. This means we many recreational opportunities that are Further, this type of thinking, returning should have foresters in every level of the presently available when the forests are our natural areas to what is being described Forest Service to help develop plans of ac- managed for multiple use. It is also not good as a pre-European state is very dangerous. tion, instead of people with no idea of how stewardship of the land. As you know, much of our forest land in the properly managing a forest. During a meet- The Public Forests in the Lake States western United States is burning out of con- have been managed very conservatively ing in Crandon, WI, one of the planners said, trol (in part as a result of other poorly de- since the early 1900’s, the ‘‘Early Logging this was the best way to develop a plan with signed policies). Without roads and Era’’. Keeping healthy diverse aged forests is firebreaks, the already difficult jobs of fire- public input. I feel this job should be given better for our environment than over-aged fighters and other rescue personnel would be to trained foresters, because to let the public unhealthy forests. The Forests are used by a made even more difficult, if not impossible. decide is leaving the decision to people with wide variety of recreation users and the cur- I do not believe that all public lands should no education on the subject. These people rent management provides for a sustained be available for all uses. We all share a re- are ruled by whims, not any knowledge on economy for these rural communities and sponsibility to treat our natural areas care- proper management. the Nation. The current multiple use man- fully and safely. However, if we all work to- Sincerely, agement also provides for healthy forests gether we can create a policy regarding our EDWARD PIONTEK, JR., and very good habitat for a wide variety of public lands and waterways that is fair, rea- Vice President. wildlife. Many of the present wildlife species sonable and physically and environmentally could not exist without it. safe. This initiative will: restrict if not elimi- Please help us achieve this balance for this PINE RIVER TRANSPORT, LTD., nate timber management, cause deteriora- generation and those to come. Long Lake, WI, November 30, 2000. tion of health forests, constrict all rec- Sincerely. Inventoried Roadless Area in Florence Coun- reational opportunities, and inhibit habitat KEVIN KING. ty for the majority of the present wildlife. This The 18,000 acre closure to timber cutting initiative will not preserve these Forests for f when coupled to all the other forest service future generations but will cause more envi- TRIBUTE IN MEMORY OF FORMER set asides is going to further exacerbate the ronmental damage when insects, diseases, CONGRESSMAN HENRY B. GON- and fires rage through these areas. rapid drop in volume harvested from the Thank you, for the opportunity to provide ZALEZ Nicolet National Forest. these comments. The SPEAKER pro tempore. Under This in addition to the new Administration Sincerely, the Speaker’s announced policy of Jan- Rules on hours and the 95% reduction in the DAVID S. MAJEWSKI. uary 6, 1999, the gentleman from Texas amount of sulfur in diesel fuel will make the (Mr. RODRIGUEZ) is recognized for 60 continued operation of this trucking com- GOODMAN FOREST INDUSTRIES, LTD., Long Lake, WI, December 1, 2000. minutes as the designee of the minor- pany very questionable, as fuel costs will Re Florence County Roadless Area ity leader. soar. I attended a meeting today of the MI–WI Mr. RODRIGUEZ. Mr. Speaker, on Good management of our National Forests Timber Producers Association and found Saturday, I paid my last respects to a can provide all the multiple use benefits that that the 18,000 acre ‘‘Roadless’’ area in Flor- man that I knew since the age of 12, a we all value so highly. At the present time ence County has been heavily logged in re- man that I respected and admired im- ‘‘Mother Nature’’ in the form of fire, wind cent years and is well roaded. mensely, Henry B. Gonzalez. I have Who is the Forest Service trying to fool on and disease has taken over the management called this special order so that we this? We in the industry believe in ‘‘multiple of the forests from the Forest Service. use’’ of our forest lands, however we can not may honor Henry B., a friend and a It is my understanding that the so called tolerate any more ‘‘lockout’’ set asides to former colleague. ‘‘Roadless Area’’ in Florence County is actu- occur. Stumpage prices are already sky- I would like to express my condo- ally fully roaded and is far from the inacces- rocketing because of the fact the Forest lences to his wife, Senora Gonzalez; my sible pristine areas referred to by Chief Service is not even offering 50% of its oper- good friend and colleague, the gen- ating plan on the Nicolet National Forest. Dombeck. tleman from Texas (Mr. CHARLES GON- Please let me know if you think Congress ZALEZ); and the entire Gonzalez family. We need some sort of common sense re- can intervene. If not, then industry will have My heart and prayers are with them in stored versus this high handed rule making no choice but to take the U.S. Forest Service this time of sorrow. of the Clinton-Gore administration. to court to stop this ridiculous set asides for- Sincerely, mation. Henry B. was one of the hardest RICHARD CONNOR, Jr. Sincerely, working men I have ever known. My fa- RICHARD KRAWZE. ther often referred to him as ‘‘El

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.001 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26241 Compadre,’’ the godfather. He was a man, he helped to usher over 71 bills Education case. Among his other achieve- true friend to all San Antonions and all through the legislative process. He was ments in the Senate were a slum clearance Texans and throughout the country. an advocate for making more credit law and the passage of a bill for the creation ´ From my father’s radio I grew up lis- available to small businesses, helping of a medical school. In 1958 Gonzalez unsuc- cessfully ran for Governor of Texas; although tening to the words of Henry B. My find safe places for people to put their an unlikely candidate, he wanted to offer an dad’s Compadre was famous for his savings, and reauthorizing the Federal alternative to the race between Governor blazing honesty, strong convictions, housing loans and laws. Daniel and former governor W. Lee O’Daniel. compelling oratory, and undying dedi- In 1997, from the floor of the United During the 1960 presidential campaign, cation to public service. States House of Representatives, our John F. Kennedy requested Gonza´ lez’s help Long hours working at a Southside Compadre introduced me to the coun- in organizing Viva Kennedy Clubs through- San Antonio gas station as a young try as I was sworn in to the Congress. out the country. Gonza´ lez and U.S. Senator man gave me the opportunity to meet As he introduced me to his colleagues Dennis Cha´ vez of New Mexico served as na- tional co-chairman. dozens of people every day when I used of more than 30 years, I recalled with Gonza´ lez was elected to the U.S. House of to fill gas tanks. When I worked at the great pride his leadership throughout Representatives in a special election to fill gas station and people came by, I the years that he had espoused. I also the vacancy caused by the resignation of checked their oil and washed their win- thought back to that one day when Paul J. Kilday (D–TX), who had been ap- dows. I still vividly recall the day al- some 40 years before that I had had a pointed to the Court of Military Appeals. In most 40 years ago when I was working chance to meet him for the first time 1961 he was elected with over half of the there at that gas station on Pleasanton and marveled at how far our commu- votes. Subsequently he has faced little chal- Road and a special customer drove up nity and Nation had come because of lenge in reelection bids; he has generally won with at least eighty percent of the vote and asked me to fill up his tank. When this single man. and a number of times he has run unopposed. I realized that it was Henry B. Gon- It is with deep sadness that we say Although he has supported and initiated leg- zalez who had parked next to me, I was good-bye to a true American hero. islation for the welfare of Hispanics, he has filled with pride and excitement. Henry B. dedicated his life to public never run on a Hispanic platform. Even at that age, as a teenager, I service and we have all benefitted from As a Representative, Gonza´ lez quickly got knew Henry B. and the legacy that he his kindness and his wisdom. attention in 1963. He received substantial was hard at work establishing. Con- Mr. Speaker, I will attach additional publicity when he voted against additional gressman Gonzalez was a role model to documentation on Mr. Gonzalez at this appropriations for the House Committee on Un-American Activities, because it received all of us, a strong man with a strong point for the RECORD. more money than other committees that ´ work ethic fighting for all of us. But at HENRY B. GONZALEZ; UNITED STATES produced more reports and legislation. the time, for me, he was one who need- REPRESENTATIVE, DEMOCRAT OF TEXAS During his first term, Gonza´ lez was as- ed gas; and I took pride in being able to Eighty–seventh–One Hundred Fourth signed to the Committee on Banking and fill up his gas tank at that age. Congresses, November 4, 1961–Present Currency, which in 1977 became the Banking, As the Nation pays tribute to Henry A strong personality who has received na- Finance, and Urban Affairs Committee, B. and the hard-fought battles he tional attention for his various crusades, where he worked for the passage of a number championed, Alamo City mourns the Henry Gonza´ lez was the first Hispanic Rep- of legislative proposals of the New Frontier profound loss of one of the most well- resentative from Texas, and has served in and Great Society including the Housing Act of 1964. He worked on legislation that was known figures in Texas public office. Congress longer than any other Hispanic. He was born Enrique Barbosa Gonza´ lez in San eventually incorporated into the Equal Op- He served proudly in the United States Antonio, Texas on May 3, 1916. His parents, portunities Act of 1964, and supported the Li- House of Representatives, but long be- Leonides Gonza´ lez Cigarroa and Genoveva brary Service Act of 1964, and the Civil fore his famous days in Washington, Barbosa Prince de Gonza´ lez, fled to San An- Rights Act of 1964. In addition, Chairman our Compadre served as a civilian cable tonio from the state of Durango in northern Wright Patman (D–TX) appointed Gonza´ lez and radio censor for military and naval Mexico during the Mexican Revolution in as a special liaison representative on Latin- intelligence, as a Bexar County proba- 1911. Leonides Gonza´ lez had served as mayor American affairs; Gonza´ lez attended the tion officer, the deputy director of the of the town of Mapimi, Durango in Mexico. Inter-American Development Bank Board of ´ Directors conference in Panama in April San Antonio housing authority, and as Henry Gonzalez attended public schools and graduated from Jefferson High School in 1964. During the 1960’s he also campaigned to a city councilman in San Antonio and 1935. He continued his education at the Uni- put and end to the bracero program, which the Texas State Senate fighting for our versity of Texas and San Antonio College. In allowed the use of foreign labor to harvest communities. 1943 he graduated from St. Mary’s University agricultural crops. He criticized the program Henry B. spoke for those who had no School of Law. Shortly after the Japanese for the deplorable conditions under which la- voice of their own. Then State Senator attack on Pearl Harbor, he was called to gov- borers worked. Gonzalez is also known for his famous ernment service and worked as a civilian In the 1970’s Gonza´ lez continued with his filibuster. To this day, as a State Sen- cable and radio censor for military and naval crusades. In 1977 he gained national atten- ator in Texas, he still holds the record intelligence. After graduation he worked as tion as Chairman of the House Assassina- assistant juvenile probation officer, quickly tions Committee that was established to in- for the longest filibuster. And his fili- rising to chief probation officer of the Bexar vestigate the murders of John F. Kennedy buster helped kill several bills, in fact County Juvenile Court. In 1947 he was hired and Martin Luther King, Jr. Animosity de- almost 20 or 30 bills, that were still by the Pan American Progressive Associa- veloped between Gonza´ lez and the attorney pending in the Texas House that would tion as executive assistant. From 1947 to 1951 who headed the probe. Gonza´ lez quit within have overridden and circumvented the he helped his father ran a translation service weeks, due to the fact that in his opinion the Supreme Court decisions regarding seg- in San Antonio. investigation was doomed because powerful regation. In 1953, with the support of Mexican-Amer- forces in organized crime were against it. He Congressman Gonzalez shepherded icans and Anglos, Gonza´ lez was elected to also urged an investigation of the murder of the San Antonio City Council, serving as Judge John W. Wood in San Antonio. When the construction of a medical school in mayor pro-tempore for part of his first term. the indictments were handed down, Federal San Antonio and veterans hospital in In the city council he spoke against segrega- prosecutors thanked Gonza´ lez for his perse- San Antonio, he brought the tion of public facilities, and the council verance. As a member of the House Small HemisFair exposition to the city, he passed desegregation ordinances. In 1956 he Business Committee in the 94th Congress, passed measures protecting San Anto- was elected to the State Senate; he was sub- Gonza´ lez served as Chairman of the ad hoc nio’s vital drinking water supply, sup- sequently reelected and served until 1961. In subcommittee on the Robinson-Patman Act, ported area military installations, and 1957 Gonza´ lez, along with Senator Abraham Anti-trust Legislation, and Related Matters. worked to expose the 1980 savings and Kazen, attracted national attention for hold- He played a key role in salvaging the Robin- ing the longest filibuster in the history of son-Patman Act, which some consider to be loan scandal. the Texas Legislature, which lasted thirty- the ‘‘Magna Carta’’ of small business. During As a partisan firebrand in the United six hours. They succeeded in killing eight the 1970’s Gonza´ lez opposed nuclear power States Congress and chairman of the out of ten racial segregation bills that were and introduced legislation to phase out ex- House Committee on Banking, Henry aimed at circumventing the U.S. Supreme isting nuclear facilities, and continued his B. was tireless at his work. As chair- Court’s decision in the Brown v. Board of work in support of public housing.

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.001 H05DE0 26242 CONGRESSIONAL RECORD—HOUSE December 5, 2000 In 1981 Gonza´ lez became the Chairman of many other Democrats who put up fierce re- ess. It’s better to be tested and tried and win the Subcommittee on Housing and Commu- sistance to the newly empowered GOP ma- than not to be tried at all.’’ nity Development, where he worked on legis- jority. During a congressional career that has lation to approve a program to assist fami- Ironically, Gonzalez’s most notable spanned nearly four decades and included lies who faced foreclosure on their homes. achievement of late involved him defeating three terms as chairman of the Banking Later he battled the Reagan administration Democrats, and Republicans. In November Committee, Gonzalez has earned a reputa- when it proposed cuts in public housing pro- 1996, he fended off two Democrats who chal- tion for iconoclasm that few can match. Re- grams. lenged him for the ranking spot on Banking publicans remember him for advocating im- With the leadership of Gonza´ lez as Chair- for the 105th Congress. peachment of Presidents Ronald Reagan man of the Banking, Finance, and Urban Af- But one of the factors that kept him in the after the 1983 Grenada invasion and the 1987 fairs Committee, the committee was able to ranking seat was his promise to party col- Iran-contra scandal, and George Bush after enact many pieces of legislation, including leagues that he would give up the seat after the 1991 Persian Gulf War. But Gonzalez also flood insurance reform, major housing initia- two more years and serve in an emeritus ca- has been an affliction to some in his own tives, increasing the accessibility to credit pacity—if Gonzalez, now past 80, tries for a party. His bulldogging of savings and loan to small business, and strengthening anti- 19th full term in the House in 1998. kingpin Charles Keating, Jr. played a part in ending the political careers of three Demo- money laundering laws, bank fraud, and The House Democratic Caucus let Gonzalez cratic senators with ties to Keating. And he other financial crimes. In addition, through have two final years as ranking member gave no quarter when interrogating Demo- his efforts with legislation and through hear- after he made an emotional plea to stay on. cratic wise man Clark Clifford about his role ings, he succeeded in making the Federal Re- The mercurial Texan, who legendary inde- in the world’s biggest bank scandal, involv- serve more publicly accountable. During his pendent streak has long ruffled the feathers ing the Bank of Credit and Commerce Inter- ten year Chairmanship (1971–1981) of the of House leaders, demonstrated a vigor in the national (BCCI). Banking Committee’s Subcommittee on caucus session that noticeably has been Gonzalez’s hands-off attitude toward International Development Institutions, and lacking since the GOP takeover. He emerged Whitewater was rather out of character; in Finance, he sponsored an amendment to a with a plurality of the vote in a three-way the past he had often shown himself to be an number of international banking bills. The race with John J. LaFalce of New York and aggressive investigator. After the Gulf War, ‘‘Gonza´ lez amendment.’’ as it was commonly Bruce F. Vento of Minnesota, second- and for instance, he waged a lonely crusade to known, protects U.S. citizens from expro- third-ranking Democrats on the committee. expose what he saw as the U.S. government’s priation by countries that receive loans from Gonzalez got 82 votes, LaFalce 62 and Vento wrongheaded pre-war attempts to curry international development institutions to 47. LaFalce conceded rather than continuing favor with Iraq and help it strengthen its which the U.S. contributes. the fight into a runoff, sparing the party a military—a policy he said had encouraged During his tenure as Chairman of the clash that made many Democrats uncom- Iraqi leader Saddam Hussein to invade Ku- Banking Committee, Gonza´ lez had to deal fortable. wait. with the collapse of the savings and loan in- The effort to topple Gonzalez arose after But from the beginning, Gonzalez opposed dustry, a crisis he had predicted throughout his repeated absences from committee meet- using his Banking Committee to hold White- the 1980’s. In 1991 he led a restructuring of ings in the 104th caused even longtime sup- water hearings. He condemned Republican the federal deposit insurance system. As porters such as Barney Frank of Massachu- inquiries as a ‘‘witch hunt’’ and an ‘‘array of Chairman he earned a reputation for being a setts to recommend that Democratic leaders half-truths, old rumors, half-baked con- fair leader who allowed equitable participa- push out Gonzalez. spiracy theories and out-right lies.’’ Gon- tion in the creation of bills. ‘‘I think we had a very good six years zalez finally gave in, but when the hearings Gonza´ lez was once again in the national under Henry,’’ said Frank, who had been took place in August 1994, he made prolific spotlight in 1992, when he requested an inves- Gonzalez’s conduit to the House Democratic use of the gavel to enforce a five-minute tigation of the Bush administration’s in- leadership but supported LaFalce’s chal- limit for questioners and limit the scope of volvement in loans to Iraq. lenge. ‘‘But the transition from chairman to the inquiry. In addition to his legislative career ranking member was personally very tough Before he assumed the Banking chairman- Gonza´ lez has served seven times as a House for him.’’ ship, his record as a legislator was dismissed Delegate to the Mexico-United States Inter- Gonzalez’s supporters mounted an active as thin, even as he was revered in San Anto- parliamentary Conference, and has received campaign. Committee colleague Joseph P. nio for his unstinting defense of the numerous awards from universities, includ- Kennedy II of Massachusetts said that Bank- underclass. But in the six years he chaired ing honorary doctorates from St. Mary’s ing Democrats had pulled together to repel Banking, Gonzalez significantly rehabili- University and from Our Lady of the Lake GOP initiatives even though Gonzalez him- tated his image in Washington. He helped re- College. self had slowed. ‘‘What are we going to do, pair one of the biggest financial debacles in take away a ranking membership from a guy the nation’s history—the near-collapse of the savings and loan industry. He also helped HENRY B. GONZALEZ OF SAN ANTONIO— who is a folk hero among Democrats?’’ Ken- avert a lesser crisis affecting banks by shep- ELECTED 1961; 18TH FULL TERM nedy asked. ‘‘This guy defines the Demo- herding an overhaul of the deposit insurance cratic Party’s values.’’ BIOGRAPHICAL INFORMATION system in 1991. He earns credit for being one Gonzalez helped himself with a masterful Born: May 3, 1916, San Antonio, Texas. of the House’s most committed fighters for speech in which he made the one-last-term Education: San Antonio College, 1937; U. of affordable housing, although victories on pledge that earned him the benefit of some Texas, Austin, 1937–39; St. Mary’s U. of San that front have been few in recent years. And members’ doubt. ‘‘I say to you, I have served Antonio, LL.B. 1943. in the 103rd—a Congress that failed to enact with honor and integrity and success. I have Occupation: Teacher; public relations con- major legislation in several areas it pur- never failed myself and I have never failed sultant; translator. sued—Gonzalez’s committee passed two sig- you,’’ Gonzalez told the caucus behind closed Family: Wife, Bertha Cuellar; eight chil- nificant measures: in interstate banking law doors. ‘‘And so I appeal to you: Do the right dren. and a community development law that mar- thing. Do the fair thing. I appeal to your Political Career: Candidate for Texas ried bank regulatory relief with several sense of justice: One last term as ranking House, 1950; San Antonio City Council, 1953– schemes to encourage lending in distressed member, and I will not disappoint you.’’ 57, mayor pro tem, 1955–57; Texas Senate, communities. The caucus erupted in applause audible in 1957–61; sought Democratic nomination for Gonzalez has been a fighter since the be- the corridors of the Longworth House Office governor, 1958; sought Democratic nomina- ginning of his career, whether pressing solo Building. ‘‘There were probably some votes tion for U.S. Senate, 1961. causes or setting personal quarrels. He is a that he swayed even in that speech, which is Capitol Office: 2413 Rayburn Bldg. 20515; passionate populist, and a sincere if long- unusual around here,’’ admitted LaFalce 225–3236. winded one. He also can be stubborn, short- supporter Floyd H. Flake of New York. Gon- tempered and prone to eruptions of anger. In COMMITTEES zalez received two standing ovations, and 1963, he threatened to ‘‘pistol whip’’ and then Banking & Financial Services (ranking). balloting started immediately after his struck a House Republican who claimed Gon- In Washington: Gonzalez, more than most speech ended. zalez’s ‘‘left-wing voting record’’ served the other senior Democrats who once ruled the Gonzalez’s victory came despite LaFalce socialist-communist cause. In a San Antonio roost in the House, went into a shell with the received the Democratic Steering Commit- restaurant 23 years later, Gonzalez struck a Republican takeover in 1995. The energetic tee’s endorsement by a 22–19 margin, and man who had called him a communist; pros- (if eccentric) former chairman of the Bank- Vento campaigning vigorously. ‘‘It’s very ecutors later dropped misdemeanor charges. ing and Finance Committee was absent or in- difficult to express in words the profound At Home: Like many Texas Democratic in- active at many important committee ses- sense of gratitude I feel at this moment,’’ cumbents, Gonzalez felt some impact from sions in the 104th Congress. An intensely Gonzalez said after the vote. He said he did the big GOP year of 1994. While his Repub- proud man, he showed little interest in wag- not harbor any ill feelings towards LaFalce lican opponent, Balcones Heights City Coun- ing losing battles in committee, unlike or Vento, saying, ‘‘It’s all part of the proc- cil member Carl Bill Colyer, pulled in less

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.001 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26243 than 40 percent of the vote, he nevertheless KEY VOTES—Continued some people. But Henry did it his way. And held the incumbent to his lowest winning- he was as fearless in his crusading, as he was Deny public education to illegal immigrants ...... N margin since his first election in 1961. Repeal ban on certain assault-style weapons ...... N right on most issues,’’ Pickle said. The son of Mexican immigrants, Henry B. Increase minimum wage ...... Y ‘‘He was one of the rarest political char- (as he is known both in Washington and in Freeze defense spending ...... N acters I have ever known. And he was cham- Texas) began climbing the local political lad- Approval welfare overhaul ...... N 1995: pion for civil rights before we even knew der after World War II. He sought office Approve balanced-budget constitutional amendment ...... N what it was,’’ said Pickle, who retired in 1994 while helping his father, the managing editor Relax Clean Water Act regulations ...... N after 30 years on Capitol Hill. of a Spanish-language newspaper, run a Oppose limits on environmental regulations ...... Y Reduce projected Medicare spending ...... N House Minority Leader Dick Gephardt said translation service. Gonzalez made it to the Approve GOP budget with tax and spending cuts ...... N Gonzalez ‘‘always fought the good fight.’’ state Senate in 1957 and quickly drew atten- ‘‘Henry’s passing leaves us all with a void tion by filibustering against Democratic that can’t be filled,’’ Gephardt said. Gov. Price Daniel’s bill to allow the state to VOTING STUDIES Despite a long legislative career, Gonzalez close schools threatened by disturbances sur- Presidential Party unity Conservative was most proud of legislation he shepherded rounding integration. through Congress to help the underprivileged Year support coalition In 1958 Gonzalez ran as the liberal alter- SO gain a foothold to the American Dream. native to Daniel in the Democratic SO SO ‘‘Millions of Americans will sleep tonight gubernational primary. He was beaten by a 1996 ...... 84 16 84 16 67 31 in homes made possible through Mr. Gon- margin of more than 3-to-1, but the defeat 1995 ...... 82 14 82 11 48 44 zalez’s battles for affordable housing and only encouraged his ambition. Three years 1994 ...... 78 19 96 4 22 78 community development,’’ said Ralph Nader, 1993 ...... 90 10 95 5 34 66 later, he sought the Senate seat vacated by 1992 ...... 23 77 94 6 38 63 the Green Party presidential candidate and Lyndon B. Johnson. While Gonzalez carried 1991 ...... 32 67 93 7 16 84 consumer activist. his home base, Bexar County, his statewide ‘‘Mr. Gonzalez’s record will stand forever appeal as a candidate with a Hispanic name INTEREST GROUP RATINGS as a reminder of what legislators can accom- was limited. He ran sixth out of 73 can- plish when they have the courage and didates, gaining 9 percent of the vote. Year ADA AFL–CIO CCUS ACU thought to follow their best instincts,’’ But he soon had another chance. Later in Nader said. 1961, Democrat Paul Kilday resigned from 1996 ...... 80 n/a 38 15 His long list of fights and achievements on 1995 ...... 85 100 20 4 the House to accept a judgeship, and Gon- 1994 ...... 75 100 25 15 behalf of racial minorities, women and work- zalez became the consensus Democratic can- 1993 ...... 80 100 9 8 ing families brought out a ‘‘Who’s Who’’ of didate for the seat. 1992 ...... 80 92 38 4 politicians paying respect. 1991 ...... 75 100 10 0 The special election was a clear liberal- ‘‘Henry B. Gonzalez was one of my heroes,’’ conservative choice. Gonzalez was warmly former Texas Gov. Ann Richards said. endorsed by the Kennedy administration. [From the San Antonio Express-News, Dec. 2, ‘‘He spoke out for people and the needs of John Goode, a former GOP county chairman, 2000] the poor and working class long before it was had the active assistance of Arizona Sen. POLITICAL LEADERS OFFER THEIR TRIBUTES easy to do. Henry B. was a catalyst for the Barry Goldwater and Texas’ newly elected (By Gary Martin) advancement of the rights of Hispanics, peo- GOP senator, John Tower. With strong sup- ple of color and women. Our gratitude is WASHINGTON.—A flag flew at half-staff port in Hispanic areas, Gonzalez won with 55 Wednesday above the U.S. Capitol as former boundless,’’ Richards said. percent. He became the first person of Mexi- Rep. Henry B. Gonzalez’s death was met with On Capitol Hill, where lawmakers were in can-American extraction to be elected to the a national outpouring of sorrow and mourn- adjournment until Monday, fax machines House from Texas. ing. transmitted comments of praise and adula- tion for Gonzalez, who reluctantly left his HOUSE ELECTIONS President Clinton offered the country’s condolences to the Gonzalez family. Washington office because of illness in 1998. Many colleagues were in the Capitol in 1997 Total ‘‘Henry will forever be remembered as a man of conviction and humility who devoted when he left a session of Congress in an am- 1996 General: his life to lifting people up and building bulance. A dental infection had traveled to Henry B. Gonzalez (D) ...... 88,190 (64%) bridges of understanding.’’ Clinton said in a Gonzalez’s heart and damaged a valve. After James D. Walker (R) ...... 47,616 (34%) a 14-month absence, he returned, only to an- Alejandro ‘‘Alex’’ DePena (LIBERT) ...... 2,156 (2%) statement released by the White House. 1994 General: ‘‘Our thoughts and prayers go out to his nounce his retirement. Henry B. Gonzalez (D) ...... 60,114 (63%) wife, Bertha, his children, and his family and His son, Charlie Gonzalez, was elected to Carl Bill Colyer (R) ...... 36,035 (37%) friends,’’ Clinton said. succeed him. Gonzalez, 84, awoke feeling ill and was Charlie Gonzalez said his father struggled Previous Winning Percentages: 1992 (100%); rushed to Baptist Medical Center in San An- with the illness and being away from Wash- 1990 (100%); 1988 (71%); 1986 (100%); 1984 tonio, where he died Tuesday. ington. (100%); 1982 (92%); 1980 (82%); 1978 (100%); 1976 The feisty congressman was the first Mexi- ‘‘It’s been hard these last couple of years, (100%); 1974 (100%); 1972 (97%); 1970 (100%); can-American elected from Texas to serve in being away from Congress,’’ Gonzalez said 1968 (82%); 1966 (87%); 1964 (65%); 1962 (100%); the House of Representatives. Now there are moments after his father died. 1961, special election (55%). six from Texas, including three from San An- A tireless advocate for San Antonio, Gon- tonio. zalez was a New Deal Democrat who worked CAMPAIGN FINANCE ‘‘Congressman Gonzalez was a trailblazer to bring pork barrel projects back to his con- gressional district, helping to establish Kelly Expendi- and a leader for all of Texas,’’ Clinton said. Receipts Receipts from PACS tures In addition to kicking down ethnic bar- AFB as one of the largest aircraft repair de- riers, Gonzalez had a colorful career in the pots in the Air Force, and securing the 450- 1996: House that spanned 37 years. bed Brooke Army Medical Center. Gonzalez (D) ...... $123,375 $46,600 (38%) $86,231 Walker (R) ...... 138,847 450 (0%) 138,735 It was sprinkled with acts of defiance— Pickle said his biggest achievement was 1994: Gonzalez (D) ...... 116,025 32,650 (28%) 55,382 calling for the impeachment of two Repub- HemisFair 1968. Gonzalez funneled federal lican presidents—and fisticuffs that led to money into the project, prompting the city DISTRICT VOTE FOR PRESIDENT national headlines when he punched a GOP to name the nearby convention center after congressman in 1963 and a restaurant patron him. Total at Earl Abel’s diner in San Antonio 23 years ‘‘He put San Antonio on the map, through later. the HemisFair event,’’ Pickle said. 1996: A maverick lawmaker who sometimes frus- Early in his congressional career, San An- D ...... 82,892 (59%) R ...... 48,485 (35%) trated the leaders of his own party, Gonzalez tonio loyalists would hold an annual dinner I ...... 7,285 (5%) wore his populist and liberal leanings on his to honor Gonzalez, Pickle recalled, noting: 1992: sleeve, often dressed in seersucker or large- ‘‘The program would last on and on and on. D ...... 81,373 (48%) R ...... 57,964 (34%) lapel suits that caused visitors and Gucci- ‘‘On two or three occasions I would just go I ...... 28,970 (17%) dressed lobbyists on Capitol Hill to gawk. to listen to him. About 10 p.m. and 11 p.m. ‘‘I do remember that. They were great they would get around to introducing Henry suits,’’ said a chuckling J.J. ‘‘Jake’’ Pickle, KEY VOTES B.’’ a former Democratic congressman from Aus- Pickle said he was elated when Gonzalez, tin and one of Gonzalez’s closest friends. 1997: Ban ‘‘partial birth’’ abortions ...... N who was known for his lengthy speeches, an- 1996: ‘‘You could always spot Henry. But he nounced at one event that he wouldn’t make Approve farm bill ...... Y wore, and said, what he thought. It offended a speech.

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.001 H05DE0 26244 CONGRESSIONAL RECORD—HOUSE December 5, 2000 Instead, the congressman planned to intro- Gonzalez’s congressional colleagues came about a young Republican in Congress who duce his extended family, which would ‘‘fill from all over Texas and the nation to say learned how to vote by watching Gonzalez up a phone book.’’ goodbye to a man they called a warrior, a and always voting the other way. Pickle sneaked off. statesman, a pioneer, a hero and a national State Sen. Leticia Van de Putte, U.S. Rep. ‘‘By the time I got back to Austin, he was treasure. Maxine Waters, D-California, U.S. Rep. Ciro still introducing his last cousin,’’ he said. They also called him funny, brilliant, a Rodriguez, D-San Antonio, former U.S. Rep. ‘‘We were good friends,’’ Pickle said. ‘‘I ac- maverick and a coalition builder who lived Bill Patman, U.S. Rep. Ken Bentsen, U.S. cepted his odd characteristics, as I know he his life with gusto. Rep. Henry Bonilla, R-San Antonio, and de accepted mine.’’ But the long line of elected officials who la Garza also spoke eloquently about their spoke also described their longtime col- comrade. [From the San Antonio Express-News, Dec. 2, league as a warm and loyal friend. ‘‘Texas is a better place today because 2000] Bill Richardson, secretary of the U.S. De- Henry B. Gonzalez spent 84 years on the face PRAYER, PRAISE AT FUNERAL partment of Energy, told people that Gon- of this earth,’’ Frost said. (By Carmina Danini and Sherry Sylvester) zalez loved Congress and the people of San Both Richardson and Jackson Lee told of Antonio. the time, close to his retirement, when sev- The rich, the poor, the powerful, the dis- ‘‘But he was not just yours,’’ Richardson eral young Democrats believed Henry B. advantaged, the young and old gathered at said. ‘‘He belonged to everybody. He was na- should be replaced as chairman of the House San Fernando Cathedral on Saturday to cele- tional, but he was local.’’ Banking Committee. brate the life of a man they sent to Congress Richardson, who represented President ‘‘We needed 211 Democratic votes,’’ Rich- for 18 consecutive terms. Clinton at the Gonzalez funeral, knelt before ardson said, ‘‘I was a little worried.’’ Henry B. Gonzalez was paid tribute by col- Gonzalez’s coffin before he spoke, calling But Richardson said that Henry B. would leagues, friends and family in a funeral the Henry B. ‘‘a champion of the downtrodden.’’ not allow him to do any campaigning to keep size of which is rarely seen in San Antonio— U.S. Rep. Patrick Kennedy, D-Rhode Is- him in the job. and one marked by laughter and applause. land, predicted that Gonzalez’s legacy will When it came time for the Democratic Aired live on television, the Mass was part never die because he had pursued the path of Caucus to vote, Henry B. spoke last. political rally and part toast to the life of a what was right instead of what was easy. ‘‘I’ve never failed myself, and I’ve never remarkable man who was honored in pure ‘‘Like FDR, Henry B. was loved for the en- failed you,’’ Gonzalez said. San Antonio style with ‘‘Amazing Grace’’ emies he made,’’ Kennedy said. Richardson said he won the vote by a 3-to- sung in Spanish to mariachi music. ‘‘He had the privilege of being a thorn in 1 margin. Nearby, about three dozen mourners the side of great privilege.’’ ‘‘It wasn’t even close.’’ watched the Mass on two large screens in the Cisneros called Gonzalez the single most A sorrowful Charlie Gonzalez paid the final City Council chambers. important person in San Antonio’s history tribute to his father with stories, jokes and The 84-year-old Gonzalez, who retired from and one of the great leaders of the 20th cen- poetry. Gonzalez said that he had no ques- public life two years ago after an illness tury. tions about whether or not his father was in brought on by a dental infection, died Tues- ‘‘Hearts were touched and dreams were heaven, saying he believed his father was day afternoon. forged by what Henry B. Gonzalez inspired,’’ probably talking politics with St. Peter. For two days last week, thousands of San Cisneros said. ‘‘We have lost a great one.’’ ‘‘In heaven all the political yard signs will Antonians paid their respects and shared sto- Frost, who served with Henry B. for a say ‘Keep Henry B. in D.C.’ and ‘All the Way ries of the man who transcended his West longer time than any other Texas congress- with LBJ’ and, of course, ‘Viva Kennedy.’ ’’ Side background and captured the public’s man, called Gonzalez ‘‘an extraordinary fig- Gonzalez said he wanted to thank everyone affection with an uncanny ability to connect ure in Texas history.’’ who had ever voted for his father. ‘‘You are with people. Frost said that during his time in Con- the people who made his life possible,’’ he Despite chilly temperatures, throngs of gress, Gonzalez always took the stand he be- said. people stood inside the cathedral, in Main lieved was right. Gonzalez said that he and his family had Plaza and along the four-mile route of the Frost said that unlike many politicians, been comforted in recent days by the knowl- procession to San Fernando Cemetery No. 2, Gonzalez never cast a token vote for the edge that his father had left so much more to where he was buried alongside his parents, other side in an effort to avoid looking ‘‘too the world than he had taken. Leonides and Genoveva Gonzalez. liberal.’’ The congressman shared some of the many The oldest cathedral sanctuary in the ‘‘He never threw a vote, he never trimmed stories he said he has heard since his father’s United States was the perfect setting for the his sails,’’ Frost said. passing from people who said Henry B. had Mass of such a historic figure—a man be- Gonzalez’s congressional colleagues cred- touched their lives. loved by those cramming the old church to ited him for creating housing laws, financial The younger Gonzalez said he had been vis- capacity. regulations that opened the way to home ited by two brothers who had met Henry B. Many of them knew him. Others, like Lina ownership and financial security for poor when he was their juvenile probation officer. Bello, a City Hall secretary in Taxco, Mex- people. ‘‘He straightened us out,’’ Gonzalez re- ico, were visiting but were caught up in the U.S. Sen. Jack Reed, D-Rhode Island, told ported one brother saying. ‘‘He got me out of ceremony. the mourners at San Fernando Cathedral reform school and sent my brother there.’’ San Antonians loved Gonzalez, said former that he had flown to San Antonio on Satur- Gonzalez also read the William Words- U.S. Congressman Kika de la Garza, the day because Henry B. had played a key role worth poem, ‘‘The Character of the Happy Democrat from Mission, because he had ‘‘el in rescuing his state of Rhode Island from a Warrior’’ as his elegy. don de gentes.’’ severe financial crisis. ‘‘He opened eyes, he opened hearts and The Spanish phrase means having the ca- ‘‘He brought hope to a state whose motto that shall be my father’s legacy,’’ Gonzalez pability to win the good will of people. is hope,’’ Reed said. ‘‘We could not have done said. Former Housing Secretary Henry Cisneros it without Henry B.’’ Sitting on a back pew, Maria Palencia said Gonzalez was never a ‘‘jefe politico’’ or Former Congressman Bob Krueger said spoke proudly about the photos she had of political boss. that Gonzalez was able to follow his con- Gonzalez holding her then-3-month-old ‘‘He didn’t control a political machine,’’ science in Congress and speak from his heart granddaughter, Adelita Becerra. Cisneros told mourners, many of whom ar- because he knew he had the support of the ‘‘He went to Ruiz Elementary School, rived at the cathedral three hours early to people of San Antonio. where my daughter was a teacher,’’ Palencia ensure they had a place to sit at the Mass. Former Texas Attorney General Jim said. ‘‘She had taken the baby to school that ‘‘His political code was a bond directly be- Mattox said he was a little ill at ease seeing day.’’ tween him and the people. The only words so many political dignitaries at Gonzalez’s The granddaughter is now 26 years old. that I find to describe this man is that he funeral. Outside the cathedral, people stood three was a tribune of the people,’’ Cisneros said. ‘‘I have a feeling that Henry B., would open deep as the pealing of bells competed with Considered sacred in ancient Rome, the the doors and make sure all the common music by the Mariachis Campanas de Amer- tribunes could defend commoners against un- folks could get in here,’’ Mattox said. ica. fair acts by officials. U.S. Rep. Sheila Jackson Lee, D-Houston, A few waved as the casket was placed in- Other speakers, many of whom worked thanked the Gonzalez family for allowing the side the hearse. An elderly man who began alongside Gonzalez on Capitol Hill, told of high Mass to become a ‘‘state funeral,’’ and weeping uncontrollably was led away by his his unwavering work on behalf of the voice- Texas state Sen. Gonzalo Barrientos noted daughter. less. that he was in segregated schools when ‘‘We’ll never have anyone like him ever ‘‘He was the champion of the common man Henry B. first went to Congress. He thanked again,’’ the man said. and an extraordinary figure in Texas poli- Gonzalez for making his career possible. tics,’’ said U.S. Rep. Martin Frost, D-Dallas, U.S. Rep. Lamar Smith, R-San Antonio, Mr. RODRIGUEZ. Mr. Speaker, I dean of the Texas congressional delegation. told the crowd about joking with Gonzalez yield the balance of my time to the

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gentleman from Texas (Mr. FROST), our Finally, no one could ever say that There is not a piece of legislation dean and chairman. he benefitted financially from his posi- dealing with consumer rights, financial The SPEAKER pro tempore. Pursu- tion, or that he was in any way influ- issues, or housing issues that was not ant to the designation of the minority enced by special interest contributions. greatly influenced or does not bear the leader, the balance of the time is re- He simply did not need the contribu- mark of Henry B. Gonzalez that oc- allocated to the gentleman from Texas tions and probably would not have curred over the last 30 years. (Mr. FROST), and the gentleman from taken them even if he ever did have a Henry B. Gonzalez was the father of Texas may proceed. campaign, which he usually did not. the Community Reinvestment Act. He Mr. FROST. Mr. Speaker, I rise today Most of us spent hours putting to- was the father of much of the financial in honor of my friend and colleague, gether our annual financial disclosure services reform that occurred in the the late Henry B. Gonzalez. I remember statements we had to file with the 1980s and 1990s. And he clearly was the the day in January of 1979 that, as a House. Henry B. filed the same state- father of the various laws dealing with new freshman Congressman from Dal- ment every year. He had his congres- public housing and housing assistance las, I walked across the floor of the sional salary, and that was it. that were adopted by this body in the House and first introduced myself to During his final years as a Member of 1970s, 1980s, and 1990s. Henry B. Gonzalez. I, of course, knew Congress, age finally had started to Henry B. Gonzalez was always true to who he was and what he had stood for; slow him down. He was challenged in his word. He always rose to the occa- but I am not sure he knew anything the Democratic caucus in 1996 by two sion and conquered whatever task was about me. younger Members who wanted his posi- put before him. As my colleague from I mentioned to Congressman Gon- tion as ranking Democratic Member on Ft. Worth has mentioned, there were zalez that my father was from San An- the Committee on Banking. Henry B. some who questioned whether or not he tonio, that I had a lot of family in his rose in a hushed meeting of the caucus would be able to rise to the occasion as district; and I said something about my to ask his colleagues for one more term Chair of the House Committee on 88-year-old grandmother, Pearl Frost, as the ranking member. He eloquently Banking, and there were some who living in San Antonio. His eyes bright- recounted his career, how he had questioned whether or not he would be ened, and he replied that of course he fought for the people his entire life and able to go beyond issues related to con- knew my grandmother. Well, after all, what he had done as chairman of the sumer rights and community reinvest- he knew everybody in San Antonio. committee. It was no contest. The cau- ment and housing issues to deal with From that moment on, Henry B. took a cus rallied behind this champion of the the tough, intricate issues of financial special interest in my career. He was common man and the challenge dis- regulation, particularly in the midst of very kind and very helpful as I started appeared. the savings and loan crisis of the 1980s. learning how to be a Congressman. As Molly Ivins said in a recent col- And yet Henry B. Gonzalez was the per- For 20 years, I had the chance to ob- umn, ‘‘Henry B. was not a saint, but he son who was able to show the leader- serve Henry B. up close. Several things was a fighter. He was the genuine arti- ship, to drive a force through the mid- struck me during that time. First, he cle, the real thing. He was an extraor- dle to pass the FIRREA and FIDICIA was always true to his core beliefs. He dinary figure in Texas political history legislation and pass other legislation never varied from his support for the who advanced the cause of Hispanics which brought this country out of its downtrodden and in his support for and all minorities in our State. Texas worst banking crisis since the Great equal justice for all people, regardless is a better place today because Henry Depression. of race, color, or creed. Some Members B. Gonzalez spent 84 years on the face So, Mr. Speaker, I do not think there of Congress will follow a zigzag path in of the Earth. He will be remembered is any question that Henry B. Gonzalez their voting pattern from time to time, long after most of his contemporaries did what he was asked and served with casting a conservative vote here and have been forgotten. And that’s the great distinction for the people of the there so that opponents cannot call way it should be. We love you, Henry, 20th District of Texas and the United them a liberal in the next election. and we are better because you walked States. Henry B. never worried about that kind our way.’’ I would just close by saying this: I of thing. He was always on the side of Mr. Speaker, I yield to the gentleman had the honor of serving with Henry B. the people, no matter what the issue. from Texas (Mr. BENTSEN), who served Gonzalez in two ways, one as a Member He did not try to trim his sails. He was on the Committee on Banking and Fi- and also as staff; and I can remember, who he was. nancial Services with Mr. Gonzalez. while in graduate school as a young Second, Henry B. was well read, Mr. BENTSEN. Mr. Speaker, I thank staffer on the Hill long before the Con- smart and very able. When he first be- my colleague from Texas for yielding servative Opportunity Society and came chairman of the House Com- to me, and let me say that the people Members really knew what Special Or- mittee on Banking, some Members of San Antonio, the people of Bexar ders were about, it was Henry B. Gon- questioned whether he had the tem- County, Texas, and the people of Texas zalez who came to the floor every day perament to chair a major committee. and the United States suffered a great and closed the House and would speak Some good-naturedly commented to loss with the passing of our former col- extemporaneously for 60 minutes about him about how he had changed his league, Henry B. Gonzalez, last week. whatever issue he happened to be inter- wardrobe now that he chaired the Com- ested in, drawing back on his extensive mittee on Banking. He no longer wore b 1145 knowledge of history and captivating brightly colored suits all the time, but There is no question that Henry B. the audience that was there, the new C- could often be seen in dark pinstripes. Gonzalez, in his service on the San An- SPAN audience that was out there. They told him that he was even dress- tonio City Council, in the Texas State Later, as a member of the House ing like a banker. Senate, and as a Member of this body, Committee on Banking, when Henry The concerns about Henry B.’s abil- including the pinnacle of being the was the most senior member, with all ity to handle the Committee on Bank- Chair of the House Committee on due respect to the chairman, but still ing quickly disappeared. He was a Banking, Housing and Urban Affairs the most senior member on the com- steady chairman, fair to all sides, and did more for the people he represented mittee, and I the most junior member he guided the committee through some than probably most Members who have on the committee, he brought me very tough legislative balances. Early served in this body. But more than along. And I will never forget, as the on, he correctly predicted problems that, Henry was a trail blazer for the chairman of the committee knows this faced by deregulating Texas savings Hispanic population of Texas and the well, Henry B. Gonzalez, who built his and loans and, as chairman, crafted a United States, and he was a trail blazer career, who has the longest record for a fair, tough plan to correct these prob- and a leader for American consumers filibuster in the Texas State Senate, lems. as well. fighting the so-called States’ rights

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.001 H05DE0 26246 CONGRESSIONAL RECORD—HOUSE December 5, 2000 issues and the Jim Crow laws, that at the co-chair of our Steering Com- ing, as we have heard. In that regard, the end of his career, it was Henry B. mittee. And then it is my intention to he fought for the little people, the peo- Gonzalez and I who were fighting for yield to members of the Texas delega- ple who did not have the lobbyists in States’ rights and the rights of Texas tion. And then to the extent that we Washington or the great money to ad- to determine its home equity laws. have other Members who want to vocate their position. And during his We were not successful that day in speak, I will be yielding to them. But I tenure on that committee, he was in- the House Committee on Banking, as want to give our colleagues from Texas strumental in helping to pass key the chairman will remember. But, in the opportunity to speak. housing legislation, repairing the Fed- the end, Henry prevailed and the issue Mr. Speaker, I yield to the gentleman eral Deposit Insurance Corporation and went back to the State of Texas. from Maryland (Mr. HOYER). cleaning up the savings and loan scan- It was a great honor and privilege to Mr. HOYER. Mr. Speaker, I thank dals of the 1980s. serve with Henry B. Gonzalez. He will my friend for yielding. While Henry was undoubtedly proud long be remembered not just in the Mr. Speaker, I have 3 minutes. We of his ethnic heritage, he always in- 20th District and not just in Texas, but have an hour Special Order. Each one sisted that it did not determine his pol- throughout the United States, for the of us that stands could spend an hour itics. work that he did for the American peo- talking about our friend, Henry Gon- ‘‘I am a Democrat without prefix, ple. We are a better place for his serv- zalez. suffix or apology or any other kind of ice. This is the people’s House. We are modification,’’ he once said. Yes, Mr. Speaker, in this, the peo- Mr. FROST. Mr. Speaker, I yield to proud of that. No person in history bet- ter represented an advocate for the ple’s House, the people had no more ar- the gentleman from Iowa (Mr. LEACH), ticulate, no more committed, nor more the current chairman of the Committee people than Henry B. Gonzalez of Texas. courageous advocate than our friend on Banking and Financial Services. In a land of plenty, Mr. Speaker, and Henry B. Gonzalez. Mr. LEACH. Mr. Speaker, I thank the in a time of unprecedented economic When I first came to this House in gentleman for yielding. I particularly prosperity across our Nation, many 1981, I was privileged to serve on the thank the gentleman for holding this Americans, with no malicious intent in Committee on Banking. I was privi- Special Order in honor of his great their hearts, may overlook the plight leged to know him as a leader, as a role Texas friend. In my time in the United of the poor, the downtrodden, the vul- model, as a friend. America and its States Congress, I have served with no nerable. That, however, could never principles and Constitution had a great more honorable a man. ever be said of Henry B. Gonzalez of advocate in Henry B. Gonzalez. Amer- Henry was an old-fashioned liberal, Texas, who passed away at the age of 84 ica, Texas, San Antonio, CHARLIE our and he never had a conflict of interest. just a few days ago. colleague and his son, his other broth- He did not just simply advocate, he Throughout his entire life in public ers and sisters, his wife, his family will lived campaign reform. His only special service, including his 37 years in this miss him most. But, CHARLIE, know interest was his constituents. He never Chamber, where he represented his be- well that we miss him as well. We loved let them down. Nor did they ever coun- loved community of San Antonio, he him when he served with us, and we tenance an alternative. Honesty has its was a battler for those who were strug- love him now. rewards. gling in our society. He was a cham- Robert Kennedy once said that: I might say that, while a bit more pion of the underdog and for social jus- Each time a man stands up for an ideal, or conservative and bent, I believe his tice throughout his 37-year career in acts to improve the lot of others, or strikes values are very much reflected in his this body and previously in local and out against injustice, he sends forth a tiny son, with whom we are also very hon- State government. He was a man of in- ripple of hope, and crossing each other from ored to serve. a million different centers of energy and dar- tegrity, compassion, commitment, ing, those ripples build a current which can As colleagues on the Committee on courage, unquestioned honesty. Banking, Henry and I held differing po- sweep down the mightiest walls of oppression Born in 1916 to recent immigrants and resistance. sitions on a number of issues, particu- from Mexico, he knew firsthand dis- Henry Gonzalez did much more than send larly matters involving the Federal Re- crimination and poverty. He entered serve. But Henry Gonzalez always had forth a few tiny ripples of hope. His life’s work public office after once resigning a po- and his legacy were a strong, powerful wave an element of justice, an element of sition as a probation officer in juvenile good judgment on the side as, for ex- that gives all of us the energy and commit- court because he was prohibited from ment to keep up the good fight, and keep the ample, when he sought to bring more hiring an African American. transparency to certain operations of faith. Henry’s fight for social justice con- Mr. FROST. Mr. Speaker, I yield to the Federal Reserve. He also led Con- tinued when he was elected to the San the gentleman from Texas (Mr. ORTIZ). gress in efforts to uncover money laun- Antonio Council. He won approval for a Mr. ORTIZ. Mr. Speaker, to see the dering in all parts of the country, par- measure there to desegregate city fa- future we must stand on the shoulders ticularly in his own region, the San cilities long before it was the popular of a giant. At this moment, I would Antonio Federal Reserve District. issue of the day. like to offer my condolences to the It is sometimes said that the true In 1957, he became the first person of Gonzalez family and to my good friend, riches in one’s life can be measured by Mexican-American heritage elected to the gentleman from Texas (Mr. GON- the lives that one has touched and the Texas Senate. His legacy in that ZALEZ), for the loss of his father, a changed for the better. Throughout his body, as has been referenced, certainly great American. history in public service, Henry Gon- is focused on a 22-hour filibuster that For me and many of us sitting in the zalez has served as a model for millions he conducted to ensure the defeat of House of Representatives today, Henry of Americans. And throughout his ca- measures protecting school segrega- B. Gonzalez was a giant of a man. He reer, he steadfastly stood for those less tion. Henry could never, and would was the key that opened up many doors advantaged. He has literally rep- never, countenance rank injustice such that in the past had been closed to resented and improved the lives of hun- as that. many of us. dreds of thousands of Americans. Henry B. Gonzalez was not always People often speak of pioneers or of For his honorableness, his commit- successful in the short term, but his giants or of visionaries. Sometimes we ment to basic values, for his remem- cry for justice in the long term was use those words loosely. But there is brance of his roots, we in this House usually successful. Henry’s indefati- literally no better example of those are deeply honored to have served with gable quest for social justice and equal- words than Henry B., as he will forever this man and we honor his memory. ity continued, Mr. Speaker, when he be remembered by those of us who Mr. FROST. Mr. Speaker, at this was elected to the House in 1961. loved him. time it is my intention to yield to the Over the years, he rose to become the Henry B. was a pioneer for Texas and gentleman from Maryland (Mr. HOYER), chairman of the Committee on Bank- for Hispanic Americans throughout the

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.001 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26247 United States. He got a law degree in good about America is not that we are 1950s. There are now still precinct the days of segregation because he a perfect land but that we are forever judges, in Harris County, A.B. Olmos; loved the law and he knew that fun- in the struggle to try to come closer to and a number of people said, when you damentally the law would eventually reaching the high ideals of our Con- get to Washington as they supported come to protect all Americans. He en- stitution and Bill of Rights. Henry B. me in 1992, you need to look up our tered politics and was successful in mu- Gonzalez took the principles of that friend Henry B. and follow Henry B. nicipal, State, and Federal elections Constitution and the Bill of Rights and When I was elected and I sat down even in the days of the elite primaries, fought year in and year out to see that with Henry B. Gonzalez, and I almost legal segregation, and the poll tax. they were not just words on a piece of see him sitting here in this chair be- It was no coincidence that the day parchment, but they were a reality for cause he always sat just to the right of Henry B. was sworn in as a Member of all of God’s children living here in where I am standing, I sat down and in- this body he clutched in his left hand America, people of all races and all col- troduced myself because as serving 20 the bill that he would drop that day to ors and creeds and religions. years in the Texas legislature, Henry abolish the poll tax. There is a saying that I will never B. did not come to Austin very often. I I remember, when I was a young con- forget that was given to me by a young remember meeting him a couple of stable back in the 1960s, I was running Hispanic girl several years ago that I times. But I sat down with him and in- for county commissioner and I knew met. She was a 9-year-old girl fighting troduced myself and said, ‘‘I’d like to that there was a political rally in San for her life against cancer. She gave me work you. I’m not going to serve on the Antonio. I drove all the way from Cor- a little card that I will never forget, Banking Committee, but obviously I pus Christi to see if I could talk to and I think it is appropriate to repeat have some very close friends in Hous- Henry B. I had never met Henry B. be- the words of that little girl’s card ton who are your longtime sup- fore. I waited until he was about ready today, because to me they reflect the porters.’’ I would do that every few to exit the stage of this theater and I meaning of Henry B. Gonzalez’s life. weeks and talk with him and see what introduced myself. I said, ‘‘Mr. Con- This is how that card went—(The was going on as a freshman Member. gressman, I am SOLOMON ORTIZ. I am a gentleman from Texas spoke in Span- I had an opponent announce in De- constable from a small town, and I am ish—‘‘Cuando morimos, dejamos todo cember of 1993. Henry B. in January running for county commissioner. I lo que tenerras y nas llevarnos todo lo and February of 1994 said, ‘‘By the way, would like to see if you would be kind que dimos’’), when we leave this world, I want to help you in your reelection. enough to give me an endorsement.’’ we leave behind all that we have but I’ll do a radio tape or video or what- Right on the steps as he walked down we carry with us all that we have ever.’’ We never could set up the video the stage in this theater, he said, sit given. and I always wanted him to come to down. And he sat right on the steps. He To me, Henry B. Gonzalez had a great Houston but he always passed on made one 30-second spot and a 60-sec- deal to carry with him when he left through and went back to San Antonio ond spot. I won that election as county this world, a person who never forgot every weekend. Henry B. did that out commissioner. And then on my reelec- the least of these amongst us. He made of the graciousness of his heart, be- tion, again an old friend by the name of a difference for all Americans. He made cause he said, and I will remember Domingo Pena and Bob Cuellar, who America a better place for us and for these words, ‘‘I like the way you han- operated the theater, we went to see our children. For that as well as his de- dle yourself here on the House floor.’’ Henry B. to see if he could come to my cency and his dignity, we will never That was like somebody who you re- district for an event. He and his lovely forget our friend and colleague Henry spected as a hero putting their hand on wife, CHARLIE’s mother Bertha, joined B. Gonzalez. me. And we were very successful. your shoulder and giving you such a Mr. FROST. Mr. Speaker, I yield to great compliment. Henry B. did that. b 1200 the gentleman from Texas (Mr. GREEN). His filibuster in the Texas Senate in We lost a man that was loved by Mr. GREEN of Texas. Mr. Speaker, I the late 1950s against the segrega- many, many people. No matter how thank the gentleman from Texas (Mr. tionist bills again makes him part of much he may have disagreed with FROST) the dean of our delegation, for legend. He is only one of two Members those who served with him, he always organizing this special order for our of Congress whose pictures hang in the treated each person with whom he colleague, Henry B. Gonzalez. The Texas Senate. The other Member is the worked with great respect. We have United States lost a patriot; Texas lost late Barbara Jordan whose picture, lost a great American. a son; and I lost a mentor and a hero. along with Henry B.’s, also hangs in Mr. FROST. Mr. Speaker, I yield to Until today, I did not realize that he the Chamber of the Texas Senate. the gentleman from Texas (Mr. ED- was a mentor for other people. When Henry B.’s accomplishments and con- WARDS). the gentleman from Texas (Mr. ORTIZ) tributions are legendary. I think it is Mr. EDWARDS. Mr. Speaker, every told the story of Henry B. sitting down appropriate that we remember him and day when this House goes into session, with him and working with him, I felt his leadership. Again as a Member from we put our hands over our heart and the same way more recently in 1993 and Houston-Harris County, we would not finish the pledge to our American flag 1994. have the benefits we have with our with the words ‘‘with liberty and jus- Texas has had many colorful and dis- homeless funding without Henry B. tice for all.’’ All too often we then go tinguished leaders. Some have reached being chairman in 1993 and 1994 and back to our busy daily schedules of the level of legend. In Henry B.’s work helping us to this day receive recogni- phone calls and meetings. But to Henry not only in Congress but in the Texas tion for our effort in our homeless B. Gonzalez, those words ‘‘with liberty Senate and in Bexar County and San funding. and justice for all’’ were not just a Antonio, his dedication to his constitu- Mr. Speaker, last week, I was saddened to phrase to be spoken on the floor of this ents has placed him in that top cat- hear of the passing of Congressman Henry B. House the beginning of each day. They egory of a Texas legend. Myself and my Gonzalez. The United States lost a patriot, were not just a nice phrase to be put in family express our deep regret to the Texas lost a son, and I lost a mentor and high school civics textbooks. Those Gonzalez family in their loss and our hero. Texas has had many colorful and distin- words were a passion of a lifetime. loss as a Nation. guished leaders. Some have reached the level ‘‘With liberty and justice for all.’’ He I think a lot of us really need to talk of legend. Henry B. Gonzalez’s work in Con- believed it. He fought for it. And he about how Henry B. affected us individ- gress and his dedication to his constituents sacrificed for that high principle. Be- ually. I had the same situation in 1993 place him at the top of this category. Myself cause of that, America is a better place and in early 1994. I was elected in 1992. and my family express our regret to the Gon- today. I have some constituents in my district zalez family on their loss. Henry B. Gonzalez personified to me who actually were a part of the Henry Congressman Gonzalez’s distinguished 38- what is good about America. What is B. Gonzalez campaign effort in the late year congressional career demonstrated his

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00050 Fmt 0688 Sfmt 9920 E:\BR00\H05DE0.001 H05DE0 26248 CONGRESSIONAL RECORD—HOUSE December 5, 2000 deep commitment to public service and those powerful as long as they were right and gerald Kennedy, and the fact that he in our society who had no one fighting on their as long as he felt it was right. He truly was with him on the day of his death in behalf. Prior to his election to the U.S. House believed, as we have heard, in liberty Texas. But in my remarks last Satur- of Representatives in 1961, Henry B. Gon- and justice for all. day, I ask my colleagues to indulge me zalez served as a member of the San Antonio He was a family man, a community to allow me to tell them what Henry City Council, and as the city’s mayor pro tem. man, a man who gave personal atten- Gonzalez means to me. I will never for- He was subsequently elected to the Texas tion to his constituents. He sat on side- get, though as a child I would not have State Senate where he will always be remem- walks with a card table and visited known at the time, that in 1957 Henry bered as a champion of the common people. with people and opened his office door Gonzalez stood in the Senate in the He was revered for leading a 36-hour filibuster and made all welcome. I identify him State of Texas and protected me. There against legislation which sought to uphold and as the single person on this floor that was no other voice that could have pro- facilitate the principles of segregation. Henry educated Members and the public on tected me at that time. I had no cham- B. Gonzalez held the floor for 22 hours and the banking industry. When all banks pions. I had no knowledge. I was a two minutes, finishing shoeless and ex- were failing and the S&Ls were going child. I was young. And I would not hausted, but victorious. under, he frequently talked about res- have been aware that a State such as He made such an impression on the Texas cuing them with public dollars and Texas had a governor that filed 16 seg- State Senate that his portrait hangs in the with the same dollars from people that regationist legislative initiatives, 16, chamber in Austin. Only one other Member of never got service from them which led not one, not two, not three, not four Congress has ever had their portrait hung in to CRA. Although some may have dis- but 16, and a lone Senator with his dear the chamber, the late Barbara Jordan. agreed with him, all respected him no friend stood for 36 hours to protect me Henry B. Gonzalez’s greatest accomplish- matter what party. and the rest of America who looked ments in the U.S. Congress were in the area He will always be a hero of mine, a like me and who of those he rep- of affordable housing. He insisted on pro- hero of the people, a hero of the com- resented. tecting the rights of low-income citizens, even mon man, because he never left out Thank you, Henry, for fighting though it was not popular. As chairman of the those persons who were least able to against fear, for fighting against seg- House Banking Committee, he led efforts to speak for themselves. And so Henry B. regation and discrimination and rac- repair the savings and loans industry and Gonzalez made his mark not only in ism. Thank you, Congressman Gon- Texas but in this Nation, standing tall helped stop the crisis from spreading to banks zalez, for acknowledging even though long before it was even thought about by overhauling the deposit insurance system. you led out on the Select Committee that Mexican Americans or the His- Throughout this service in Congress, Henry on Assassinations which I served as a panic population in this country as it B. Gonzalez made it his mission to force the staff member, thank you for acknowl- has grown has now been considered a chief executive to justify any military action. In edging that you wanted the truth to be minority, but he did that. Speaking for 1983, Congressman Gonzalez was the only heard on that committee. Thank you, all minorities prior to that time speaks Member calling for the withdraw of U.S. troops Chairman Gonzalez, for fighting for to how committed he was to what was from Lebanon. He introduced a resolution to Federal housing and fighting against right and speaks to the issue of all this affect and continue to speak out on this cuts. And thank you, Chairman Gon- issue. Three days after his last statement on being equal. And so I will thank him and tell my zalez, for allowing me to help nominate the subject, the Beirut bombing occurred. grandchildren to thank him for his you to fight for your ranking position Democratic Members of the House are also service. which you deserved on the Banking well aware of Henry B.’s efforts on behalf of Mr. FROST. Mr. Speaker, I yield to Committee. the Democratic Party. He was an articulate the gentlewoman from Texas (Ms. b 1215 spokesman in Presidential politics since 1960, JACKSON-LEE). when he served as the national co-chairman Ms. JACKSON-LEE of Texas. Mr. Lastly, let me thank the Gonzalez of the ‘‘Viva Kennedy’’ campaign. Speaker, let me add my appreciation to family for, I guess, bringing about our new leader, CHARLIE GONZALEZ, who his I would like to extend my condolences to his the gentleman from Texas (Mr. FROST) family, especially to my colleague and friend for organizing this very special tribute. father was so very proud to watch Congressman CHARLIE GONZALEZ. I am proud A couple of days ago, on Saturday in being sworn in in 1999. Thank you for to have known Henry B. Gonzalez, and I con- the month of December, San Antonio, the sacrifice; thank you for what you sider my self fortunate to have served with the entire city of San Antonio, paid a have done for me and so many others. him and to have called him my friend. Henry very special tribute to a national treas- Mr. FROST. Mr. Speaker, I yield to B. is a true Texas legend and a great Amer- ure. I want to thank the Gonzalez fam- the gentlewoman from California (Ms. ican. ily for allowing us to come and share in WATERS). Mr. FROST. Mr. Speaker, I yield to a celebration of life. I would like to Ms. WATERS. Mr. Speaker, I would the gentlewoman from Texas (Ms. offer to Mrs. Gonzalez, Congressman like to thank the gentleman for orga- EDDIE BERNICE JOHNSON). Gonzalez’ bride, Bertha, and the eight nizing this time on the floor for us to Ms. EDDIE BERNICE JOHNSON of brothers and sisters my deepest sym- pay special tribute to a very special Texas. Mr. Speaker, let me rise and pathy for their loss. man. It is very difficult to do this with- thank the gentleman from Texas (Mr. I want my colleagues to know that in 2 minutes, but let me try and share FROST) for providing for this hour. Mr. Congressman Gonzalez sat right with you. As long as I can remember attempt- there three rows back on the floor of Saturday I attended the funeral serv- ing to be a good citizen, from the days the House. It did not take long for new ices of Henry B. Gonzalez. It was the of not being quite old enough to vote, Members to gravitate toward his calm most beautiful service I have ever at- I remember the name of Henry B. Gon- demeanor and very special spirit. I tended in my entire life. I guess that zalez. Henry B. Gonzalez came along in would like to call him a champion for was the Highest Mass that was held Texas before he was considered a mi- the poor, an on-line fighter that did there on Saturday. It was a beautiful nority. He attended the University of not diminish his burning desire for cathedral, the oldest in the country. Texas before the university integrated equality no matter who was against All of the elected officials from all over or desegregated. And even during those him. He was a genteel person, even the State of Texas and all of the local times, he was committed to equality though I am told that he knew a little elected officials attended. It was mag- for all. He often had long statements bit about boxing, and he handled him- nificent. concerning the poor, the self very well. But I saw him as some- The church bells rang after the serv- disenfranchised being seen as equal one patient with those of us who were ice, the town square was filled, the peo- partners. At the same time, he did not new, a man who could be counted on. ple were all over the steps, and the ignore his committed thinking and I am reminded of his presence and local newspaper did something I have planning for those who were even more friendship with President John Fitz- never seen. They devoted more space to

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.001 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26249 Henry B. Gonzalez than I have ever This place, this Congress and this REQUEST FOR SPECIAL ORDER seen devoted to anybody, any elected country, is a better country today be- Mr. KANJORSKI. Mr. Speaker, with official, non-elected official, and I cause of the likes of Henry B. Gonzalez the consent of the gentleman from know why. that comes to this body, represents the Iowa (Mr. GANSKE), I ask unanimous It is the same reason I attended the views and wishes of his district, and consent that we extend this special services. He was a man of impeccable does it in a way that, not only his con- order for 15 minutes. integrity. He was a very special human stituents, but the rest of us will never The SPEAKER pro tempore. Is there being who knew who he was and knew forget who Henry B. was and is today. objection to the request of the gen- from whence he came. He was the Hon- Mr. FROST. Mr. Speaker, I yield to tleman from Pennsylvania? orable Mr. Chairman of the Committee the gentleman from Texas (Mr. There was no objection. on Banking and Financial Services, a HINOJOSA). The SPEAKER pro tempore. The gen- man that had shown his commitment Mr. HINOJOSA. Mr. Speaker, al- tleman from Pennsylvania (Mr. KAN- time and time again with the kind of though the occasion for these remarks JORSKI) will control the 15 minutes, be- is a sad one, I am honored to be able to legislation that he advanced. ginning at 12:35. He did not care about the perks, the participate in this special order paying ceremonies, the hot shots. None of that tribute to Texas legend Henry B. Gon- f was what Henry cared about. He cared zalez. As he did for countless others GENERAL LEAVE about the people. He helped me to be- since first being elected in 1960, Henry Mr. FROST. Mr. Speaker, I ask unan- come an active member of that com- B. truly paved the way for my being imous consent that all Members may mittee. here in Congress. His invincible will, have 5 legislative days within which to When I came on to that committee, I demonstrated so many times during so revise and extend their remarks and in- did not want to be on that committee. many battles, served as an example to clude extraneous material on the sub- I knew nothing about banking. But be- me, that while the fight may not al- ject of my Special Order. cause of Henry B. Gonzalez, I was given ways be easy, it is always worth wag- The SPEAKER pro tempore. Is there an opportunity to advance amend- ing. objection to the request of the gen- ments. He worked with me. He helped His example set the bar for which all tleman from Texas? me to understand what the CRA was all of us aspire. He was a great American, There was no objection. about, he helped me to understand a selfless and principled public servant, what the banking institutions of Amer- the best of the best, a champion for the f ica were all about, he helped me to poor, a voice for the under-represented TRIBUTE IN MEMORY OF FORMER focus on the World Bank and the Inter- in Washington. CONGRESSMAN HENRY B. GON- national Monetary Fund. Only briefly did I have the pleasure ZALEZ He was a learned man who displayed of serving with him here in the House. Mr. FROST. Mr. Speaker, I yield to not only his historical knowledge, but During that all too short time, I can the gentleman from Texas (Mr. REYES). his deep intellect on the floor of Con- assure you I was eager to glean what- Mr. REYES. Mr. Speaker, I thank the gress time and time again. ever I could from his treasured house of gentleman for yielding. He was honored in the most magnifi- invaluable knowledge. In fact, not a Mr. Speaker, last week we lost an cent way, and he will be spoken about day passes that I am not mindful of icon in American life. I, like all of my by many in the most magnificent ways how he commented to me early on that colleagues here, can reflect back on that human beings can today because he would never recommend I rope a just exactly what Henry B. meant, not of who he was. cow as it is going down the mountain. just to me and to my family, but to Mr. FROST. Mr. Speaker, I yield to It was sage counsel indeed, and it has Texans and the Hispanic community at the gentleman from Texas (Mr. STEN- served me well these past several large. HOLM). years, as I know it will continue to do We had the privilege of hosting a re- Mr. STENHOLM. Mr. Speaker, I in the years to come. thank the gentleman for yielding. To me, nothing is more important tirement dinner for him when he re- Mr. Speaker, a couple of years ago than standing up for what you believe tired a couple of years ago, and I can my wife, Cindy, and I sent out Christ- in and having the fortitude to tackle tell you, everyone that attended that mas cards on which we signed it ‘‘Char- the tough issues. Henry B. did exactly retirement dinner, which was, by the lie and Cindy.’’ We got a couple back that, and he did it on his own terms way, televised on C–SPAN later on, saying, ‘‘Thank you for the Christmas and with the utmost integrity. commented on the fact that Henry B., card, but who are Charlie and Cindy?’’ In closing, I have the greatest respect while a legend, was an individual that In San Antonio, no one ever asked for all he accomplished, and I will al- had the common man’s touch. the question, who is Henry B.? I have ways admire him. Henry B. Gonzalez It has been said that to truly make a known and worked with many col- represents not only the best that Con- difference in your lifetime, you have to leagues over the years, but none that gress can be, but I feel that the best have the ability to walk among kings had the absolute reverence shown to that an individual can be. He was a but never lose the common man’s them by his constituency, and knowing true and caring representative of peo- touch, and Henry B. had that common him and favorably calling him Henry ple, and I can think of no greater acco- man’s touch. He fought for the things B. lade. that were important for all of us. CHARLIE, you had a great dad. I en- I will miss him, Texas will miss him, A lot of us here today are here be- joyed 20 years of his life, getting to America will miss him. His loss is truly cause we stood on Henry B.’s shoulders. know him here on the House floor. We immeasurable. CHARLIE GONZALEZ, his A lot of us here recognize that we did not often vote together. In fact, son, is my friend and my colleague; and would not be here had Henry B. not more often than not we voted dif- I look forward to serving with him in been a pathfinder, had not been an in- ferently. But I found that at no time this House of Representatives. dividual that opened the road for the did I ever doubt the sincerity of the rest of us. f vote cast, the speech made, the point While on the one hand it is a sad made, the dedication and the sincerity REQUEST FOR ADDITIONAL TIME time to lose a man, a legend, a Texan, of his attempt to represent his people, Mr. FROST. Mr. Speaker, I ask unan- an American, truly a hero for all ages his district and his views; and he ar- imous consent that my Special Order and for all this world, on the other ticulated this in a way that this one be extended by 15 minutes. hand it is also a time to celebrate his more conservative Member never hesi- The SPEAKER pro tempore (Mr. contributions, celebrate what he means tated to say to those that differed, you LATOURETTE). Another Member may to each and every one of us. And let us might differ, but you can never doubt make that request, but the gentleman never forget that as long as he lives in the sincerity. from Texas may not. our hearts, he lives in this world.

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.002 H05DE0 26250 CONGRESSIONAL RECORD—HOUSE December 5, 2000 So to my good friend and colleague, b 1230 Mr. FROST. Mr. Speaker, I yield to CHARLIE GONZALEZ, as long as all of us His passion was contagious. His leg- the gentlewoman from California (Ms. have Henry B. in our hearts, he will acy gives all of us the strength to ROYBAL-ALLARD.) never die. fight, the confidence to succeed, and Ms. ROYBAL-ALLARD. Mr. Speaker, Mr. FROST. Mr. Speaker, I yield to the resolve never to give up. I join my colleagues in paying tribute the gentleman from Texas (Mr. TURN- That story of the man who called to a friend, a mentor, and a great ER). Henry B. a Communist in Earl Abel’s American, Congressman Henry B. Gon- Mr. TURNER. Mr. Speaker, I would restaurant in 1986 reflected that rare zalez. Henry B., as he was known to his say to CHARLIE, each member of our combination of passion and character friends, served his constituents and our delegation shares in your loss and we that mark the greatness of Henry B. Nation with honor, dedication, and dig- express our deep sympathy to you. Gonzalez. It is told that after being hit nity. I guess the best story I ever heard by the 70-year-old Congressman, that I as a member of the Committee on about your father was really not about that diner who called him a Com- Banking and Financial Services had his early political races or about his 37 munist demanded of Henry B. an apol- the privilege of witnessing firsthand years in the Congress or about how he ogy. Henry said his only regret was Henry B.’s skill and knowledge of the worked to single-handedly break down that he pulled the punch. issues under his jurisdiction as chair- racial barriers in our country, but it is We do not know if Henry really man of the committee. I benefited and a story about how the 70-year-old Con- pulled his punch that day, but Henry B. enjoyed the many stories he delighted gressman slugged a man in a San Anto- Was a fighter. He was in every sense a in telling about his childhood and his nio restaurant who called him a com- great American. If he did really go easy many years in Congress, using his in- munist. on the man in that restaurant that credible institutional memory to make day, it would have been the only punch Henry B. loved his country. He had his point to the committee or to a wit- he ever pulled. the kind of fierce patriotism that has ness. It did not matter whether that Mr. FROST. Mr. Speaker, I yield to witness was a cabinet member or lob- always driven America. He did not the gentleman from Texas (Mr. back off, he did not give in, and he was byist, his lectures did not discriminate. LAMPSON). not afraid to take on the most powerful Henry B. was a courageous leader, Mr. LAMPSON. Mr. Speaker, I thank never afraid to stand up for what he be- people in Washington, even if they hap- the gentleman from Texas for yielding pened to be in his own party. lieved was right, particularly when it to me. came to consumer protection and pub- Henry’s early political career was I started my teaching career in San lic housing. Under his leadership, he marked with both important mile- Antonio, and heard of Congressman managed and led to enactment numer- stones and political failures. His suc- Henry B. Gonzalez as I was a young ous bills, including complex legislation cess as the first Tejano to hold a seat teacher. I remember earlier than that reforming the savings and loan indus- on the San Antonio City Council, the even when he was first elected to Con- try, fundamental reform of the bank Texas State Senate and here in the gress. regulation, and the last major public U.S. House of Representatives inspired I remember that as the first Hispanic housing legislation to become law. a generation of leaders in the Mexican- elected to the House of Representatives Furthermore, as the first Hispanic American communities, many of whom from Texas, that he instantly became a Congressman from Texas, Henry B. was are serving with us here today. role model, not only for Hispanics in a pioneer who helped break down bar- my area, but for everyone who believed But Henry faced setbacks in his life riers and pave the way for others to that our country was changing and as well. Half a century ago he thrust follow. His success in spite of his hum- that opportunities were opening up for himself into San Antonio politics by ble beginnings gave hope and inspira- trying to convince several of his all minorities. From his first day days in the House tion to others that they, too, could friends to run for the legislature. It achieve their dream through hard work seems Henry had become convinced of Representatives, Chairman Gonzalez became known as a strong personality and commitment. that Bexar County needed a full-time At a time when the American public domestic relations court, and he knew who was willing to listen to the other side of the argument, but in the end, was growing increasingly cynical about the only way to get it was to get it government and politicians, Henry B. through the legislature. After being was willing to fight for what he be- lieved was right. was a shining example of what was unable to find anyone else to run, he right about public service, for no one ran himself. But he lost that first race. Chairman Gonzalez gave a voice to the voiceless, hope to the hopeless, and could challenge his integrity, his hon- Today in Texas, however, domestic re- esty, or his decency. lations courts are a common fixture of belief in a future to all of us. As a college student, I had the oppor- Truly, Henry B. Gonzalez was a the judiciary. tunity to intern for Chairman Jack statesman who served his country and As with so many other issues which Brooks. Getting to see Henry B. during his constituents with passion, compas- he championed as the lone voice crying that time in action was one of the sion, and commitment. He enriched the in the wilderness, Henry was a trail- highlights of my summer here in Wash- lives of all who knew him. I will sin- blazer, a trailblazer for the down- ington, D.C. in the late sixties. I know cerely miss Henry B. Gonzalez, and I trodden, the poor, the disadvantaged, that that experience shaped how I ap- am grateful and privileged for having the disenfranchised. proached being a Congressman. had the opportunity to serve with him. Henry B. Gonzalez once ran for Gov- So much has been said today about Mr. FROST. Mr. Speaker, I yield to ernor of Texas and for the United Henry B.’s commitment to the home- the gentleman from New York (Mr. States Senate, only to come up short. less, to the disenfranchised, to the less GILMAN), Chairman of the Committee But the fire inside Henry B. was fueled fortunate. His legacy will live forever on International Relations. not by personal ambition, but by love and his good work will be continued Mr. GILMAN. Mr. Speaker, it is with for his country and a belief in a higher through his other great legacy, our profound sadness that I join with our cause that could not be extinguished. good friend, the gentleman from Texas colleagues in paying tribute to a dis- For 38 years, Henry fought for the (Mr. GONZALEZ). I know Henry B. Gon- tinguished Member of this body who cause of justice and equality in this zalez will live on through his work as a was a unique lawmaker and spokes- House. He served under eight Presi- Congressman and the impact it had on person for his district in Texas. I thank dents and he chaired the powerful Com- many of us in this great body. the gentleman from Texas (Mr. FROST) mittee on Banking and Financial Serv- The State of Texas is a better place, for arranging this special order. ices. He was a legend in Washington, a this Nation is a better place, and we Henry B. Gonzalez served meritori- master of constituent service, and a pa- are better people because of Henry B. ously in the Congress from 1961 until tron saint of San Antonio politics. Gonzalez’ time on this Earth. his retirement in 1998. Those 37 years

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.002 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26251 were the most dramatic in the field of House and this institution, with Henry He would be so pleased today, as I civil rights since the Civil War. Henry just having been the last. know he was before he died, knowing B. was in the forefront of the struggle When I think of Henry, I think of the that his work is being carried on by his for equality for all minorities, and es- personal experiences I had, but most of son, the gentleman from Texas (Mr. pecially the Hispanic population in his all, what I conceive his philosophy of GONZALEZ), because I’m sure he knows home State of Texas. life to be. He was a man who held to he could not have picked a more able Henry was the first Member of Con- the statement in the Declaration of individual to continue the tradition of gress from Texas of Mexican heritage. Independence that all men are created the Gonzalez family. His father was the editor of a Spanish equal, endowed by their Creator with I would send to the gentleman from language newspaper, and Henry first certain inalienable rights, and among Texas (Mr. GONZALEZ) on my own be- made his mark in the Texas State leg- those are life, liberty, and the pursuit half, but in a sense on behalf of all peo- islature, successfully filibustering of happiness. ple who have ever been touched by the against a bill that would have closed Henry was not only a man of this gentleman’s father, and that means Texas schools rather than to comply House, a man of Texas, and a great millions, our heartfelt sorrow to the with the court’s orders to desegregate. American, but Henry in fact was a man gentleman, to his mother, Bertha, to He came to the House in a special of humanity. I am sure that if Henry’s the entire Gonzalez family. election to fill a vacancy in 1961, and life had extended beyond where it I only hope that the spirit of the gen- very quickly established himself in the ended and he had the opportunity to tleman’s father, the principles that he Congress as an articulate spokesperson survive and offer his leadership, he stood for, the championing of the for those seeking equality under the would have liked to have extended that downtrodden, will never be forgotten law. principle that all men are created by any Member of this House, and most Henry’s most remarkable accom- equal to all of humanity. especially by Members of the Demo- plishments were as Chairman of the From a personal aspect, I knew cratic Party, his family that he loved Committee on Banking and Financial Henry in serving in this House for the so very much also. God bless. Services from 1989 to 1995. In that lead- last 16 years, 14 years with Henry. Mr. KANJORSKI. Mr. Speaker, I yield to the gentleman from California ership position, Henry served with About 2 or 3 hours of a trip in my dis- (Mr. BECERRA). great fairness, and managed the ap- trict one day with Henry B. Gonzalez Mr. BECERRA. Mr. Speaker, let me was probably the most satisfactory proval of significant legislation im- begin by extending to the Gonzalez time I have ever spent while I have pacting all Americans. family my most sincere condolences on been in Congress. Henry had that gift Perhaps the most significant tribute the passing of a great individual, Mr. of knowing history and not being a re- to Henry came from the other side of Henry B. Gonzalez. I was very fortu- visionist of history, and to tell it as it the aisle, from his former colleague, nate to have a chance to serve with was as he went through the Johnson- Representative Joseph B. Kennedy II of him, and it was a fitting tribute to be Massachusetts, who stated, ‘‘This guy Kennedy years in his early beginnings able to say that I served with someone defines his party’s values.’’ in this Congress. I will always cherish whom I had respected for so many Henry B. was the last one of our col- that moment. years and grew to believe was a mentor leagues who was present that tragic But most of all, Henry was a man of for many people who thought that of- day in Dallas, Texas, in 1963 when conscience, and sometimes we have tentimes justice and opportunity would President John Kennedy was assas- less of those men in this House and in not be there for them. sinated. He often reflected on the hor- this Nation than we would like. He Henry B. Gonzalez lived to serve the ror of that dark day in our Nation’s served as an example to young Mem- people, to champion the toil and sac- history, but his faith in our form of bers such as me in the beginning of my rifice of working men and women, to government and his hope for the future term in this House, and he has done it give robust life to their voice, and to remained unshaken throughout his ca- for so many others, as we have heard defend the precious victories for those reer. today. whom too often society made winning Henry was called the spokesperson As we pay respect to the Gonzalez very difficult. for the underdog, but in many ways he family for their great loss, we also in- Whether one was on the front line, in is a beacon of hope for all of us. Mr. dicate to the world that it has lost a a dark alley, before an unfriendly Speaker, I join in extending my deepest man of humanity, Henry B. Gonzalez. court, or whether one was just fortu- sympathies to his widow, Bertha, their Mr. Speaker, I yield to the gentleman nate enough to be in this, the people’s eight children, including our good col- from New York (Mr. LAFALCE), our House, one could not and will not ever league, the gentleman from Texas (Mr. ranking member of the Committee on find a greater fighter, a more compas- GONZALEZ), and most especially, to the Banking and Financial Services sionate and passionate and eloquent people of the 20th District of Texas who Mr. LAFALCE. Mr. Speaker, when advocate, or a more decent and es- have lost their hero, their staunch, de- God created all his hundreds of billions teemed human being than Henry B. voted advocate. of children over the years, he had a Gonzalez. f very special moment when Henry B. For many of us who saw him, we saw Gonzalez was created. Then, once when he would be the only one to TRIBUTE TO THE LATE Henry was born, he must have thrown stand. Sometimes people did not under- HONORABLE HENRY B. GONZALEZ that mold away, because I do not think stand why and where he was going, but The SPEAKER pro tempore (Mr. we have ever seen or ever will see an by the time he was done, that light was LATOURETTE). Under a previous order individual like Henry B. Gonzalez. very clear at the end of that tunnel. of the House, the gentleman from I am in my 13th term. We have had For many, they could not understand Pennsylvania (Mr. KANJORSKI) is recog- 435 Members of the House in each of my how for so many years this man could nized for 15 minutes. terms. For so many of us, we blur and continue, but he did. Mr. KANJORSKI. Mr. Speaker, I rise it is all gray. Not Henry B. Henry B. We are very fortunate that we are today to pay tribute not only to a fine stands out as unique in our memory. I joined in this House of the people by Member of this House, but also to a am proud to be here in honor of that someone who has had a chance to know friend, Henry B. Gonzalez. memory. him better perhaps than anyone who When I think of Henry, I think of the He was a strong individual, strong- stands here and speaks, and that is our tall redwood trees of California. Henry willed about issues that he believed in. Congressman, the gentleman from stood just that tall. He was part of the What did he believe in? He believed in Texas (Mr. GONZALEZ), who can con- tall timber of America. As we analogize the poor, he believed in the voiceless. tinue to fight for many of the things that to the House of Representatives, a He believed that he had to stand up and that our esteemed friend, Henry B., al- lot of those tall timbers have left this speak up for them. ways stood for.

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.002 H05DE0 26252 CONGRESSIONAL RECORD—HOUSE December 5, 2000 It is in that vein that I think that history books. As our children will He visited us in San Francisco. The most of us come here to say to the gen- read about you, you have left the leg- gentleman from Pennsylvania (Mr. tleman from Texas (Mr. GONZALEZ), to acy of honesty, of fairness, of a devoted KANJORSKI) was on that occasion when the rest of the Gonzalez family, that father, of a husband. we honored Henry B. in San Francisco, Henry B. cannot die. He lives, because Henry Gonzalez, you emphasize the and on behalf of those constituents, I what he stood for lives in the hearts of meaning of democracy and what can be extend to you, to your mother, Bertha, people from the beginning of time. And accomplished when that is structured. and to your entire family our deepest yet, there are people who will need to You are an individual who has stood up sympathy and our very great gratitude have Henry B.s because there are those and fought, one who is willing not to for the life and service of Henry B. who are still struggling. take no for an answer, but willing to Gonzalez. I say to the gentleman and to all of pursue what needs to be done. Mr. KANJORSKI. Mr. Speaker, I the family, Henry B. has not left us, My colleagues and my friends from yield to the gentleman from Arizona because there are many who wish to both sides of the aisle respect his vi- (Mr. PASTOR). keep that fire going, and that fight. I sion and his compassion. I wish the Mr. PASTOR. Mr. Speaker, first of thank Henry B. for having entered into Gonzalez family my deepest condo- all, I want to extend my heartfelt con- the lives of so many of us, and for con- lences on the passing of a true gen- dolences to Henry B.’s family, and I tinuing to be there as we continue that tleman, Henry B. Gonzalez. would also like to thank them for al- fight. Mr. KANJORSKI. Mr. Speaker, I lowing us to share Henry B. Gonzalez. yield to the gentlewoman from Cali- Mr. Speaker, Henry B. Gonzalez was b 1245 fornia (Ms. PELOSI). a voice and will continue to be a voice Mr. KANJORSKI. Mr. Speaker, I Ms. PELOSI. Mr. Speaker, I thank for the common person, and one of my yield to the gentleman from California the gentleman for yielding and for get- highlights being in Congress was hav- (Mr. BACA). ting us this extra time. ing the honor of serving with Henry B. Mr. BACA. Mr. Speaker, I rise today Mr. Speaker, it is very interesting to Gonzalez. to honor a great individual, a pioneer, see that so many people from the State I hope as he looks down upon us, it a leader, a positive role model, a vi- of Texas, so many people who have will give us the courage to fight for the sionary, an individual that had a lot of served on the Committee on Banking common man and make sure that all integrity, exemplified fairness, justice, and Financial Services, indeed, so people have the equality that they our American principles, I speak of the many people who served with Henry B. greatly deserve. late Henry Gonzalez, a father of a de- in the Congress want to participate in Mr. HALL of Texas. Mr. Speaker, I rise voted congressman, my friend, the special order. today to pay tribute to an extraordinary public CHARLES GONZALEZ of Texas. I think, Mr. Speaker, this is a very servant from Texas, the late Honorable Henry Let me begin by stating what an special day in the House of Representa- B. Gonzalez of San Antonio, who died last honor it has been to serve with Charlie, tives. All of us who serve here have a week on November 28, 2000. Henry B., as he a member of the Hispanic Caucus. We special honor, but to have served with was affectionately known, was an active and have fought hard to protect the civil Henry Gonzalez was a very special beloved Member of the House of Representa- liberties of the underserved in the com- privilege indeed. He was a teacher, a tives—and my friend—and he will be dearly munities around the Nation, an issue teacher about principle, about integ- missed by all. that Henry championed, an individual rity, about justice. Henry B. served the 20th Congressional who was the founder of the Hispanic Mr. Speaker, I had the privilege of District of Texas for 37 years as a dedicated Congressional Caucus, an individual serving on the Committee on Banking and respected member of the House of Rep- that believed in protecting the rights and Financial Services under his lead- resentatives. He held deeply rooted values of working families, an individual who ership and saw firsthand his deter- and ideals and fiercely fought for those he believed in protecting our commu- mined commitment to addressing the represented. Henry B. Gonzalez was elected nities, an individual who wanted to needs of the country’s poorest people. to serve in the House of Representatives in make sure that we gained respect. He was a fierce advocate on behalf of 1961, as the first Mexican-American from the In the Latino community we say those individuals and groups many State of Texas, and for the next 37 years he ‘‘respecto.’’ Respecto is so important would consider the least among us. was a force with which to be reckoned. In to a lot of us. Henry B. Gonzalez exem- His leadership on many issues from 1989, he became Chairman of the Banking plified that. He was a beacon of hope. insuring access to safe decent and af- Committee, and during his tenure he served a He was an individual that wanted to fordable housing, to improving the liv- critical role during the savings and loan crisis. make sure that every individual had ing conditions of residents of the Gonzalez was devoted to his family, his pro- their dreams and their hopes fulfilled. colonias made an enormous difference fession, and to his community, and he leaves He was an individual that I did not in the lives of countless people around a legacy of service that will be remembered by have the privilege of serving with but the Nation. He was a passionate per- his many friends and constituents. His Con- had the opportunity to meet. son, as we all know and as has been tes- gressional legacy includes bringing the Univer- He is a true model for me and many tified to here, but he was an extremely sity of Texas Health Science Center and the individuals throughout the State of knowledgeable person, a very, very Audie Murphy Veterans Hospital to San Anto- California, throughout the Nation. He smart leader. nio, as well as securing millions of federal dol- will stand up as an individual who ex- His passion was something that drove lars for housing, hospitals, urban renewal and emplified what we all want to be, all of him, but his knowledge has benefitted schools, in efforts to make his Congressional us who are saying Henry B., you pro- all Americans, including his campaign district a better place in which to live. As a vided an opportunity for all of us to to open the workings of the Federal public servant, his legacy extends to the follow in your footsteps. Reserve to more public scrutiny, his throngs of his friends and to many people that You are a pioneer who has opened the stewardship of the investigation of the he never met. Henry B. reached out to try and doors for many individuals to pursue S&L scandal and his legislation to fix help anyone in need and he was capable of an avenue, not only when he became the FDIC. His zeal for truth and justice friendship to those in all walks of life—with the first Hispanic Representative from were a hallmark of his decades of pub- equal dignity for all. Texas, as I am the last Hispanic to be lic service. It was a sad day for me when Henry B. de- elected in the State of California, we I hope it is a source of comfort to cided to retire from Congress. As a friend and want other individuals to be elected as you, CHARLIE, and to your family, that one of his colleagues from the Texas delega- well. so many people share your grief, and tion, I hold the utmost respect and admiration Henry, you have given us a lot of are praying for you at this time. My for Henry B. Gonzalez. Like everyone else hope. You stood up for us. You fought condolences and those of all of my con- who knew and/or served with Henry—I felt a for us. You will continue to be in our stituents to whom Henry B. was a hero. close and personal kinship to Henry. We

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00055 Fmt 0688 Sfmt 9920 E:\BR00\H05DE0.002 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26253 shared many stories—and critiqued many of Congressman Gonzalez, known with affec- Mr. PICKETT. Mr. Speaker, I rise today to our old friends and colleagues. He always tion in our hometown as ‘‘Henry B.’’ was eulo- pay tribute to my colleague for whom I have found something good and kind to say about gized by San Antonio Archbishop Patrick Flo- a profound sense of respect, the Honorable those with whom he served. He also was ca- res quite simply as a ‘‘good and faithful serv- Henry B. Gonzalez of Texas. Congressman pable of remembering those who slighted him ant.’’ He was—consistently and persistently— Gonzalez has had a long and distinguished or those he represented. Like the old saying— a good and faithful servant to his beloved con- career of public service as a pioneer in civil Henry was very much the epitome of being stituents in the 20th District of Texas. rights. like fire and water—a faithful friend or a fearful Henry B. was also a staunch partisan and a In the 1950s, Congressman Gonzalez enemy. I was privileged to be his close and worthy adversary. He was a man whose life served on the city council of San Antonio personal—and admiring—friend. was marked by devotion to family, to commu- where he effectively spoke out against seg- Henry B. brought dignity and honor to Con- nity, and to public service. regation of public facilities. As a Texas state gress—and in all that he accomplished. His It was an honor—and on occasion a learn- senator, he led an effort to block racial seg- distinguished career and contributions to the ing experience—to serve with him in the Bexar regation bills aimed at circumventing Brown v. State of Texas will be long remembered, and County congressional delegation. Board of Education and emerged as a leading I would like to take this opportunity to join In Texas there is a saying, attributed to a spokesman for social equality and for bridging Charles and the rest of his family, his friends, Texas Ranger of long ago, that advises that racial divides in America. and my peers in paying our last respects to ‘‘No man in the wrong can stand up against a After winning a seat in the House of Rep- Henry B. Gonzalez. fellow that’s in the right and keeps on a- resentatives, Henry worked for the passage of Mr. Speaker, as we adjourn today, may we comin’.’’ Throughout his extraordinary life of a number of legislative proposals of the New do so in memory of this beloved statesman public service, Henry B just kept on a-comin’. Frontier and Great Society, as well as the and public servant, the Honorable Henry B. Mr. GEPHARDT. Mr. Speaker, I am deeply Equal Opportunities Act of 1964 and the Civil Gonzalez. saddened by the loss of Henry Gonzalez. Rights Act of 1964. Later in his career, his Mr. COSTELLO. Mr. Speaker, I rise today to Henry was a good colleague, a good friend, leadership was an integral part of enacting pay tribute to a former colleague and great and a real champion of the poor and all under- legislation in flood insurance reform, major member of this body, Henry B. Gonzalez. I am privileged Americans. housing initiatives, increasing accessibility to In many ways, Henry was a trailblazer. The proud to have had the opportunity to serve for credit for small businesses, strengthening laws first Mexican-American from Texas to serve in over a decade with Congressman Gonzalez, on money-laundering, bank fraud and other fi- the House, Henry always fought hard for his whose life and career were distinguished in so nancial crimes. Later, he skillfully and adeptly constituents in San Antonio. He was in the many ways. He is a legendary figure in Texas led restructuring efforts of the federal deposit House for 37 years. His extraordinary length politics, being the first Mexican American insurance system following the collapse of the of service was matched only by his commit- elected to the Texas Senate. He then made savings and loan industry in the late 1980s. ment to fairness and equality for every Amer- an indelible mark on national politics, coming An honest man who dedicated his life to the ican, regardless of race, religion, or ethnicity. public good, Congressman Henry Gonzalez to the House of Representatives in 1961 and Henry was one of the early leaders of the eventually ascending to the Chairmanship of served as a role model for all to follow. May modern civil rights movement. In 1953, one God give his family, friends, colleagues and the Banking Committee. Known for his great year before the Brown vs. Board of Education constituents the peace, strength, and under- kindness and thorough constituent service, decision, Henry was a member of the San An- standing to sustain the grief of his loss. Henry B. Gonzalez was a leader of the civil tonio City Council, and he helped pass a Mr. MENENDEZ. Mr. Speaker, I rise to rights movement, serving as a mentor and role measure of desegregate city facilities. In 1956, honor a great man and a genuine leader model fore people and legislators of all races three years later, Henry won election to the whom we lost one week ago today: Henry B. and backgrounds. In this way, his accomplish- state Senate, and become the first Mexican- Gonzalez. ments transcended politics to touch our soci- American in that body in over 100 years. By Henry B.—as his friends affectionately knew ety at large, and it is this legacy that will never the way, he won that race by 309 votes—after him—was a pioneer who came from the most be forgotten. three recounts, and it was a good thing that humble beginnings. His parents, Mexican im- Mr. Speaker, what I will remember most is he won. migrants, raised him in San Antonio’s West the courage Henry B. Gonzalez brought to his Because he continued the good fight. In Side in a home with dirt floors and no running work, taking on the toughest of issues, time 1957, Henry spent 22 hours filibustering bills water. He experienced discrimination and seg- and time again, through some of the hardest that supported segregation. regation firsthand during his childhood and times our country has ever seen. He rep- Henry brought that same spirit to our Con- youth in Texas. resented as well as anyone ever has the gress. He defied all odds by putting himself ideals of the Democratic Party, believing in- In 1961, he was sworn-in to the House, and through college, serving his community while tensely in and fighting for the rights of the as he raised his right hand, left hand, he at the San Antonio Housing Authority, and disenfranchised and the poor. His commitment clutched a bill to end poll taxes, which dis- later in San Antonio’s City Council. He went to equal protection under the law never criminated against the poor and minorities. on to serve as a Texas state senator—the first wavered, working tirelessly for affordable And this bill ultimately found its way into the Texan of Hispanic-descent to do so in over housing and enhanced consumer protections. 1965 Voting Rights Act. As a Member of Con- 100 years. He later achieved another first, be- These were principles which his son and our gress, Henry fought for low-cost housing so coming the first Mexican-American to serve colleague, CHARLIE, continues to pursue. I people would have a roof over their heads. the state of Texas in the U.S. House of Rep- wish CHARLIE and his family my heartfelt con- And he became a real force in our body for resentatives. dolences, and hope we will all remember the the principle of equal opportunity. Throughout his nearly 40-year congressional example of Henry B. Gonzalez as we go Henry was also one of the greatest Chair- career, Henry B. served with distinction—al- about our work in Congress. man of the House Banking Committee. He ways faithful to his morals and beliefs—and as Mr. SMITH of Texas. Mr. Speaker, it is with helped repair the Federal Deposit Insurance a true Texan—with courage and determina- a mixture of sadness and food remembrances Corporation, and he helped steer the country tion. He was a tireless advocate of the poor that I stand before you to mourn the passing through the savings and loan crisis. and the disenfranchised in our country, and al- of former Congressman Harry B. Gonzalez, a Deeply committed to his constituents and to ways carried in his heart a special place for man who served in this House for 18 terms. his Caucus, Henry was a terrific ally who did the people of his hometown of San Antonio. On Saturday, I attended Congressman Gon- so much for Democrats because of what it He was instrumental in the dismantling of seg- zalez’s funeral service in his beloved San An- meant for the American people. regationist laws in Texas while in the state tonio and saw an extraordinary and sincere Henry’s passing leaves us with a void that senate; he led the restructuring of our nation’s outpouring of gratitude from the city he served can’t be filled. But we will never forget his ex- financial services industry during the S&L cri- with devotion, honesty and integrity. He traordinary dedication and service to this Con- sis as Chairman of the House Banking Com- served San Antonio not only as a United gress and the country. His career is an inspi- mittee; and he championed projects and initia- States Representative, but also as a member ration to all of us, and humbly, we will work as tives that brought economic development, ac- of the San Antonio City Council and the Texas hard as possible to fulfill his vision for all cess to healthcare, and jobs to his beloved Senate. Americans. San Antonio.

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00056 Fmt 0688 Sfmt 9920 E:\BR00\H05DE0.002 H05DE0 26254 CONGRESSIONAL RECORD—HOUSE December 5, 2000 Beyond Henry B.’s political and legislative nized and that we do make a difference Again, to everyone that has ever accomplishments, he served as a role model in our own way not just Dad but every- served here, and especially to their for two generations of aspiring leaders. Scores one else. staffs and to their families, from the of Texans—young and old, public servants Dad would be disappointed because I Gonzalez family, thank you so much and corporate leaders, Democrats and Repub- cannot exactly remember the for making my father’s life so complete licans—can point to Henry B. as their inspira- quotation, but I believe it is from Ju- and making his dream of public service tion and role model. His accomplishments lius Caesar by Shakespeare and that a reality. were our accomplishments; for this we all owe the good that men do is often interred Mr. Speaker, I wish to submit a trib- him a debt of gratitude. with their bones. ute for my father by his former Chief of There’s a popular Mexican dicho that states: I think that is everyone’s greatest Staff and Press Secretary, Gail Beagle. El que da camino es por que ya andubo, fear but probably more so ours than TRIBUTE TO THE LATE HENRY B. GONZALEZ, which means: ‘‘He who makes a path does so anyone else because there is so much U.S. REPRESENTATIVE FROM TEXAS because he has walked it.’’ Henry B. blazed a sacrifice. There is so much hard work, (By Gail Beagle) path—not just for Hispanic leaders, but for all to get here, to remain here, to do that In 1958 then Texas State Senator Henry B. leaders, by having the courage to be the first. which our constituents have sent us to Gonzalez ran for Governor of Texas. I had Henry B.’s life was a fulfillment of the Amer- do in representing their interests. just graduated with a degree in journalism ican Dream—it illustrates the greatness of I want to tell you that at Dad’s fu- from Texas Woman’s University at Denton, neral, there was so much evidence that and with $100 I had borrowed from my life in- America and the potential that is in each and surance policy I left from my hometown of every one of us, regardless of skin color, na- it does not have to be interred with our bones. That Dad’s legacy lives every Nederland for Austin to job-hunt. tional origin, or economic background. I would In Austin I learned of a fundraiser for Sen. like to offer my most sincere condolences to day in the lives of those that he served. Gonzalez being held at a restaurant called At the funeral home, at the viewing, my friend, CHARLIE GONZALEZ, his family, and Spanish Village. I took $10 of my $100, got a at the church, at the vigil at the fu- the people of San Antonio—you are in my ride with a University of Texas student with neral service, at the cemetery, I cannot prayers. I hope you will find comfort in that whom I had interned the summer before on begin to tell you how many people the San Antonio Light newspaper, paid my Henry B. lives on in the legacy he has be- came up and told us their individual money at the door, and told Sen. Gonzalez of queathed to all of us. stories, and for each of the Members my interest in campaigning for him for Gov- I ask my colleagues to join me in honoring here today and those that served before ernor in Jefferson County. ‘‘I will be at my our friend, Henry B. Dad, there are countless thousands of parents’ home until I get a job in Austin,’’ I Mr. KANJORSKI. Mr. Speaker, I people out there that you have helped said. ‘‘I anticipate I will be there through yield to the gentleman from Texas (Mr. the Democratic Primary on July 26. Who is that you do not even realize, that they GONZALEZ). your Jefferson County campaign manager?,’’ may not be thanking you today and it Mr. GONZALEZ. Mr. Speaker, I want I asked. ‘‘No one,’’ he replied. ‘‘You can be may be their children or grandchildren to thank the gentleman from Iowa (Mr. the campaign manager there!’’ that will thank you tomorrow. But it is As an active member of the civil rights GANSKE) for his accomodation, and to there for all of us. movement in the 1950’s, I very much knew everyone that has participated today That is why I say I think Dad’s life who State Sen. Henry B. Gonzalez of San An- in this special order, something that and even in death, it validates that tonio was. He was the Senator who delivered was so dear to dad. public service is the noblest of all in Austin an intelligent, impassioned fili- This is obviously a very bitter sweet callings; that is what my father taught buster against a package of bills promoting experience for a Member to be able to and facilitating segregation in Texas. He was me. Of course, he said that was second a breath of fresh air on the Texas political come up and address the House and only to the priesthood. talk about one’s parent. It has been a horizon, a bright and shining star, and a pub- For the families of the Members, be- lic official unlike any I had ever seen before. difficult time for many reasons, many cause I have the distinction of actually It was my thought that I would never see an- of you could understand, but to pay having been a child of a public servant other one like him again. tribute to dad today here on the floor who dedicated nearly half a century to Subsequently I worked for him in the of the House, he would accept that only public service, as well as the Member Texas State Senate during two legislative if we were paying tribute to all of those of Congress, what it does to our fami- sessions (1959 and 1961), and served as his vol- who served here before him, with him lies. unteer press aide in early 1961 in his bid to replace Lyndon Johnson as a U.S. Senator and after him. When we were at the cemetery and He truly believed this was the great- from Texas, after LBJ was elected both as we were in the family car and we were Vice President and as a returning U.S. Sen- est institution on the face of the Earth, coming out to go to the plot, there was ator. It was a wild and crazy special election and I am convinced that he was right. probably a 90-year-old woman who with more than 70 fellow Texans battling it When a Member dies or a former Mem- handed us a little note, and it was just out, and with Gonzalez once again going pri- ber dies, I truly believe that all of us scribbled. And it was to my mother and marily by stationwagon to the 254 counties show up that next morning, and we all to all of us in that car, and what it said across Texas. have questions. We do not share these was, thank you for sharing your hus- However, just a few months late in the Fall questions with one another for what- of 1961, Sen. Gonzalez’s great opportunity band, your father, your grandfather, came with the appointment to the Court of ever reason, but I think that we ques- and your great grandfather with all of Military Appeals of San Antonio’s and Bexar tion our own mortality to begin with. us here in this city. County’s long time Congressman, Paul Then the next thing is we question our So I know there will be times for all Kilday. A special election was called and investment in our sacrifice as public of us when we wonder, but truly even after a hard fought battle which brought servants. the public understands the sacrifice. former President Dwight Eisenhower to San Though we all recognize what a great They may not tell you. But they love Antonio to campaign for the opposition, privilege and honor it is to serve, we the fact that our families are willing to Henry B., as he was affectionately called, know the costs, not just to ourselves share us, because it is that kind of de- was elected on November 5, 1961 to serve in Congress. but to our families. All of you hearing votion and commitment that it takes. I had moved to San Antonio from Austin to me now happen to be a Member or a So do not ever question public serv- campaign, and it was from San Antonio that former Member know exactly what I ice. I can tell you if you are truly com- I first left for Washington to serve newly am talking about. You start ques- mitted, dedicated and a humble public elected Congressman Gonzalez. tioning whether you made a difference. servant, as my father was, there are re- HBG was active on many legislative fronts You start questioning whether public wards way beyond the immediate. so it was easy to have something to report to service was worth it. Many times you will not hear about it. the press, and it was easy to get together a I like to think that my dad’s life, My father may have heard of some of good staff because there were so many en- thusiastic and well qualified people who that even especially in his death, it it, but he surely did not after Novem- wanted to work for him. validates that it is a worthy and honor- ber 28th when he passed on. But that is The congressional work with the Congress- able sacrifice and that we are recog- when we have the greatest outpouring. man was fulfilling inasmuch as there was

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.002 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26255 much to be accomplished with an office hold- that is the issue of providing patient tor says, ‘‘That is absurd, crazy, delu- er who with great gusto gave everything to protection legislation to all the people sional.’’ Then the patient says, ‘‘Are his job as a public servant. in this country, protection from abuses you saying I am paranoid?’’ The doctor We worked the first six years creating a by managed care organizations, HMOs. says, ‘‘Yes, but we can treat it in three world’s fair (HemisFair) for San Antonio with several pieces of legislation the Con- Let me just review for my colleagues, visits.’’ gressman succeeded in getting passed in both maybe some of the new colleagues who Now, this is one of the blackest the House and the Senate and signed by the may still be here in Washington after humor cartoons I have ever seen: we President into law. The Congressman also their orientation, where we have been; have here a medical reviewer for an sent U.S. Department of Commerce officials why we want to do this legislation; HMO. She says, ‘‘Kudly Care HMO. How to help local leaders make plans for getting why 85 percent of the people in this may I help you? You are at the emer- the fair underway. At the same time we were country think that Congress should gency room, and your husband needs helping the Congressman look out for the in- pass a strong, a real patient protection approval for treatment? Gasping, terests of our military bases in San Antonio, protect San Antonio’s primary source of bill of rights and it should be signed by writhing, eyes rolled back in his head? water, write housing and other legislation, the next President of the United Hum, does not sound all that serious to and make it possible for constituents to have States. me.’’ Over there, ‘‘Clutching his throat, fair consumer banking practices, as well as A few years ago, there were a series turning purple? Um-hum. Have you many other equitable benefits under federal of articles in the New York Post. They tried an inhaler?’’ law. had headlines like these, HMOs cruel Then she says, ‘‘He is dead? Well, While we were active in legislative partici- rules leave her dying for the doc she then, he certainly does not need treat- pation, Congressman Gonzalez made sure needs; or this headline, these are the ment, does he?’’ Then she looks at us that his offices in both Washington and San and says, ‘‘People are always trying to Antonio looked out for the interests of the types of headlines that people have poor and went to bat for constituents need- seen all around the country, they are rip us off.’’ ing help with either the Veterans Adminis- not just localized to New York City, Now, I just recently learned some- tration, Social Security, immigration and The New York Post, what his parents thing about this cartoon. The person naturalization, workmen’s compensation, did not know about HMOs may have who drew this cartoon did it from per- civil service (active or retired), the Armed killed this baby. sonal experience, from problems that a Services, and other matters relative to fed- As the public became more and more family member was having with his eral agencies and departments. aware of HMO abuses on denials of care HMO. But it is not all just jokes, be- Among other efforts, we also promoted in- cause behind that humor are some real- terest among inter-city youth in getting a that people truly deserved, they needed free college education and becoming military it to preserve their health and, in life cases. officers through nomination to one of the many cases, their lives, a perception This is a picture of a woman sur- U.S. military service academies. began that set in in the public about rounded by her children and her hus- I recall with great pleasure the breakfast the type of job that HMOs were doing band who was featured in a Time Maga- or luncheon meetings at the House Res- in providing health care for the people zine cover story a few years ago. She taurant at the U.S. Capitol with newspaper who were in those HMOs, that percep- lost her life because her HMO did not reporters, members of the Administration in tion was that they were not doing a provide her with proper care and tried power, heads of various federal and Texas very good job. to and did influence the type of treat- agencies, an airline safety consultant (who ment she was getting. This little girl was also a good friend), and countless other b 1300 friends and constituents (most of whom had and boy would have a mother today their picture taken on the steps of the Cap- Once that perception sets in, then maybe if that HMO had not tried to itol with the Congressman!). one starts to see a phenomenon where deny her care, had not denied her care. While the hours could be long and arduous, people can make jokes about that. In A few years ago, a young woman was especially for Kelsay Meek, who headed the fact, we had a situation in a movie a hiking in the mountains about 40 Congressman’s (the Chairman’s!) Committee few years ago with Helen Hunt and miles, 50 miles west of here. She fell off on Banking, Finance and Urban Affairs, and Jack Nicholson from a movie ‘‘As Good a 40-foot cliff. She broke her skull, she me, we were committed to the level of serv- As It Gets,’’ if you will remember, broke her pelvis, broke her arm. She ice that we knew Henry B. wanted to where Helen Hunt is explaining how achieve. was lying at the bottom of this 40-foot The 150 or so former staff members, who this HMO is denying treatment to her cliff. Fortunately, her boyfriend had a served in varying lengths of time with me son in the movie with asthma. Then cellular. They were able to get a heli- over a period of more than 30 years either on she uses a string of expletives in de- copter in. This shows her trundled up. the personal staff in Washington or in San scribing her HMOs, and something hap- She was life-flighted into an emer- Antonio, as well as those who served on the pened that I have never seen happen in gency room and taken care of. Her life Subcommittee (Housing and Community De- a movie theater before. I was there was saved. She was in the intensive velopment) and full Banking Committee, with my wife in Des Moines, Iowa. Peo- care unit for a month or so. counted it as an honor and a privilege to ple actually stood up and clapped and serve the people’s interests with Henry G. Then do you know what her HMO Gonzalez. applauded her line because they real- did? They denied to pay for her treat- He lives eternally in our minds and hearts. ized the truth of what she was saying. ment. One would say, why would that He now lives with the angels, but we will see Then we started to see cartoons in be? I mean, this was a traumatic acci- him again. the newspapers. Here is one: the HMO dent. Was there something in the con- f claims department. We have an HMO tract that the HMO is not liable for claims reviewer. ‘‘No, we do not au- taking care of accidents? No. The HMO PROVIDING PATIENT PROTECTION thorize that specialist. No, we do not said, ‘‘You know, according to our LEGISLATION cover that operation. No, we do not pay rules, before you go to an emergency The SPEAKER pro tempore (Mr. for that medication.’’ room, you are supposed to phone ahead LATOURETTE). Under the Speaker’s an- Then the reviewer hears something for prior authorization.’’ nounced policy of January 6, 1999, the over her little earpiece telephone; and Well, I want to ask my colleagues gentleman from Iowa (Mr. GANSKE) is then she crossly says, ‘‘No, we do not something. What was she supposed to recognized for 60 minutes as the des- consider this assisted suicide.’’ do in her semi-comatose state as she is ignee of the majority leader. Here is another cartoon that ap- lying at the bottom of her 40-foot cliff, Mr. GANSKE. Mr. Speaker, I am peared in a national newspaper. This with her nonbroken arm, pull out a cel- going to speak for a while today about was Don Wasserman from the Boston lular phone and dial a 1–800 number and an issue that has been before Congress Globe; it also appeared in the Los An- get ahold of somebody 2,000 miles away for several years now and that will be geles Times: the patient is telling his and say, ‘‘By the way, I just fell off a an important issue in the 107th Con- doctor, ‘‘Do you make more money if cliff. I have a broken skull, a broken gress that will start in January, and you give patients less care?’’ The doc- pelvis, and will you authorize me to go

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.002 H05DE0 26256 CONGRESSIONAL RECORD—HOUSE December 5, 2000 to an emergency room’’? I mean, come save all of James. Because of that med- kind of looked down at the floor. Well, on. But those are the types of games ical judgment that delayed his getting her voice was pretty husky, and I could the HMOs have played. to an emergency room in a reasonable see tears in her eyes. Prior to coming to Congress, I was a period of time and because of his car- She went on, ‘‘Since that day, I have reconstructive surgeon in Des Moines, diac arrest that resulted en route, lived with this act and many others Iowa. I took care of children that were Jimmy ends up with gangrene of both eating into my heart and soul. For me, born with birth defects like this. This hands and both feet, which then have a physician is a professional charged is a little baby with a cleft lip and a to be amputated. with the care or healing of his or her cleft palate. One can see the hole on Here is James, minus his hands, human patients. The primary ethical the roof of the mouth. Do my col- minus his lower legs, the direct result norm is do no harm. I did worse. I leagues know what? In the last few of a medical judgment by that HMO. caused death. Instead of using a clumsy years, more than 50 percent of the re- Do my colleagues know something? bloody weapon, I used the simplest, constructive surgeons in this country Under Federal law, if James’ insurance cleanest of tools, my words. have had cases like this denied by the is through his parents’ employer, then ‘‘This man died because I denied him HMOs because they are, quote, ‘‘cos- the only thing that can be recovered a necessary operation to save his heart. metic.’’ I mean, is that a travesty? for James under Federal law is the cost I felt little pain or remorse at the time. That is a travesty. of treatment denied; or in this case, The man’s faceless distance on that Some really serious things can hap- the HMO has to pay for his amputa- long telephone line soothed my con- pen when an HMO makes a medical tions. science.’’ judgment and then something goes But James gets to live the rest of his Like a skilled soldier, she went on, ‘‘I wrong. life with no hands and no feet. He is was trained for this moment. If any This is a little boy here clutching his doing pretty well. He is older now. He moral qualms would arise, I was to re- sister’s shirt. One night about 3:00, he has prostheses that he pulls on to his member I am not denying care, I am had a temperature of about 104, 105. He legs with his stumps. He needs some just denying payment.’’ was really sick. So his mom did the help getting his bilateral hooks on. But Well, by this time, the trade associa- right thing, according to the HMO. She do my colleagues know what, it is pret- tion representatives were a little pale phones the HMO and says ‘‘My little ty hard for him to play basketball. He in the room. Ms. Peeno’s testimony baby boy James looks really sick. I will never be able to touch the face of continued: ‘‘At the time, this helped think he needs to go to the emergency the woman that he marries with his me avoid any sense of responsibility for room.’’ hand. Well, this voice at the end of a 1,000- my decision.’’ That HMO, under Federal, if this is mile telephone line says, ‘‘Well, I guess b 1315 simply an employer plan, a self-insured I could authorize that, but I am only plan, then that HMO would be liable Now I am no longer to accept the es- going to authorize it for this one par- for nothing other than the cost of pay- capist reasoning that allowed me to ra- ticular hospital because that is who ing for his amputations. That is part of tionalize that action. I accept my re- our HMO has the contract with.’’ sponsibility now for that man’s death, A medical judgment was made at the reason why 85 percent of the public as well as for the immeasurable pain that moment by that medical reviewer is saying why is it taking so darn long and suffering many other decisions of who said we will only pay for your for Congress to fix this thing which mine caused. And she then listed many treatment if you go to this one emer- Congress made the problem in the be- of the ways that managed care plans gency room, not realizing the serious- ginning with this law about 25 years deny care to patients, but she empha- ness of this condition and telling the ago. sized one particular issue, and that is mom take baby James to the closest We had a lot of testimony before Con- the HMO’s right to decide what care is emergency room right away. No, that gress on Patients’ Bill of Rights. Four ‘‘medically necessary.’’ is not what the HMO reviewer said. We years ago now, we had testimony be- will only authorize treatment at this fore the House Committee on Com- She said, ‘‘There is one last activity one hospital. merce. This was testimony from a med- that I think deserves a special place on Mom said, ‘‘Well, where is that hos- ical reviewer. Her testimony had been this list, and this is what I call the pital?’’ HMO reviewer said, ‘‘Well, I do buried in the fourth panel of the day, smart bomb of cost containment, and not know. Find a map.’’ way late in the day after all the TV that is medical necessities denials. Well, it turns out that it is about 60 cameras had gone. But I think my col- Even when medical criteria is used, it or 70 miles away on the other side of leagues ought to know what she said. is rarely developed in any kind of metropolitan Atlanta. So Mom and She had been a claims reviewer for sev- standard traditional clinical process. It Dad wrap up little James. They get eral HMOs. is rarely standardized across the field. him into the car. They start driving. Here is what she said: ‘‘I wish to The criteria are rarely available for They pass three hospitals that had begin by making a public confession. In prior review by the physicians or mem- emergency rooms capable of taking the spring of 1987, I caused the death of bers of the plan. We have enough expe- care of him. But they are not medical a man. Although this was known to rience from history to demonstrate the people. They have been told to go to many people, I have not been taken be- consequences of secretive, unregulated this one emergency room where they fore any court of law or called into ac- systems that go awry. One can only have authorization from their HMO. count for this by any professional or wonder,’’ she finished, ‘‘how much Mom and Dad do not know exactly how public forum. In fact, just the opposite pain, suffering and death will we have sick he is. They know he is pretty sick. occurred. I was rewarded for this. It before we have the courage to change So they push on. brought me an improved reputation in our course. Personally, I have decided Before they get there, little Jimmy my job. It contributed to my advance- that even one death was too much for has a cardiac arrest. So picture Mom ment afterwards. Not only did I dem- me.’’ and Dad, Dad driving like crazy to find onstrate I could do what was expected Well, after that testimony, and lots the hospital, Mom trying to keep him of me, I was the good company medical of other examples of HMO abuse, we alive. They finally pull into a hospital reviewer. I saved a half million dol- had a full debate on the floor of Con- emergency room. Mom leaps out lars.’’ gress, October 1999, and we passed a bill screaming, ‘‘Save my baby, save my Well, I remember this testimony be- called the Bipartisan Consensus Man- baby.’’ The nurse comes outside, starts cause, as she was speaking, a hush aged Care Reform Act of 1999, the Nor- resuscitation, gets some drugs in, gets came over that hearing room. One wood-Dingell-Ganske bill, with 275 bi- the IVs going. could have heard a pin drop. The rep- partisan votes. Sixty-eight Republicans They keep him alive. They save his resentatives of the HMOs and the in- defied the leadership of the House and life. But, unfortunately, they do not surance industry who were still there made the right principled decision,

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.002 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26257 something that would address specifi- ERISA preemption, but in the same ulate a little bit on how Congress cally the type of problem that we have, session reversed field from the Nor- would interact with Governor Bush, where under Federal law the HMOs, wood-Dingell-Ganske bill and sends us should he become President. these employer HMOs, can decide to back to current ERISA law, the type of What is the outlook for the 107th provide whatever treatment they think law that has spawned so many prob- Congress and a Bush administration on is necessary according to their own def- lems. Page 90, lines 11 through 25. a patient bill of rights? Well, here is inition of what is necessary; and can Under the Shadegg bill, all emerging what Governor Bush wrote in the Octo- then put their definition into a con- case law holding that quality of care ber 19, 2000 edition of the New England tract with the employer and, according cases can be decided by State courts Journal of Medicine. ‘‘During my ten- to Federal law, it is then okay, as long would be cut off and reversed. Page 84, ure in office, Texas enacted one of the as they follow their own definition. line 9. most comprehensive patient protection Let me give an example. One HMO Their bill would require injured pa- laws in the Nation. Our law gives pa- said, ‘‘We defined medical necessity as tients to prove ‘‘bad faith,’’ that is a tients the right to seek legal action if the cheapest, least expensive care.’’ contract term, ‘‘against a health plan’s they have been harmed. I allowed it to The cheapest, least expensive care. The designated ‘decisionmaker,’ in order to become law because there was a strong picture I showed of the baby with the prove a negligence action.’’ Those re- independent review process, previously cleft lip and cleft palate, under that quirements would make it almost im- enacted tort reform, and other protec- plan’s definition, instead of standard possible to hold health plans account- tions designed to encourage a quick surgical correction to allow the palate able for the types of decisions that re- resolution rather than costly litiga- to work properly so that a kid can sulted in that little boy losing both tion.’’ speak and eat without food going out hands and both feet because of that Well, my colleagues, there are a lot their nose, instead of the standard HMOs medical judgment decision. That of provisos in that statement. And I treatment, which would require an op- is on page 84, lines 9 through 37 of their might also add that the Texas House eration, anesthesia, and a stay in the bill. and Senate passed the Texas bill with a hospital, that plan can say, no, we are Under their bill, the health plan’s veto-proof majority, in fact almost just going to provide what is called an own definition of medical necessity, unanimously, after Governor Bush ve- obturator. It is like an upper denture just what the medical reviewer who toed a patient protection bill the first plate. It is a piece of plastic. We could testified before the Committee on Com- time. But I am hopeful because Gov- put that up there in that little baby’s merce was saying is such a problem, ernor Bush many, many times during mouth and then food might not come the plan’s own definition would be con- the campaign talked about the need for out the nose so much. Would that little trolling. Bad definitions of medical ne- a real patient bill of rights, and one baby ever learn to speak correctly? It cessity and other health plan contract that included the right for legal re- does not matter under that plan’s defi- terms would prevail in the review pro- dress. So I want to help a President Bush, nition because, after all, the piece of visions of the Coburn-Shadegg bill. The should he be declared the final victor. I plastic is the cheapest, least expensive cross-references to the terms and con- want to help him get off to a great care. That is all they would be obli- ditions are significantly different from start in his administration by getting gated to give. They could do that under the Norwood-Dingell bill. Page 86, lines as big a vote in the House and in the Federal law, and that is why we need to 23 through 26. Senate for a real patient bill of rights fix that. The Shadegg bill then dropped lan- There were a number of other sub- as we can. I think we are very close to guage that would have automatically stitutes that came up before the House 60 votes in the Senate. I am confident incorporated patient protections into for a debate. They were all defeated in that we will get well over 280 votes all of the plan contracts. By dropping the House. And the devil really is in here in the House, and we will be very that language, he would allow flawed the details of those substitutes and in close to veto-proof figures. plan contract language to govern pa- the bill that passed the Senate as well. I have gone through the comments of tient disputes, short of litigation. And By a very slim vote, along party lines, many of the new Members and through the bill that passed the Senate is, in in subsequent lawsuits, plans would be their positions on a patient bill of my opinion, more of an HMO protec- able to argue that the patients waived rights. Many of our new Members made tion bill more than a patient protec- their statutory rights when they en- campaign promises in support of pa- tion bill. tered the plan contracts. tient protection legislation. Many Let me give an example of why some The gentleman from Georgia (Mr. voted for strong patient protection as of these details are so important, be- NORWOOD), a stalwart on this issue, and members of their State legislatures, so cause towards the end of our regular I have gone around and around with they have a past voting record. For my session this year, some Congressmen, the gentleman from Oklahoma (Mr. new colleagues, I ask them to be aware friends of mine, classmates of mine COBURN) on the issue of whether exter- of the campaign of lies the HMO indus- from that revolutionary class of 1994, nal review has to be completed before a try is spreading about our bipartisan whose hearts are in the right places, lawsuit is initiated. What about this bill. Most importantly, my colleagues but the Coburn-Shadegg ‘‘compromise little boy who lost both hands and both should note that under our bipartisan bill’’ would have been a step back- feet? He would not have gone through bill, unless that employer has exercised wards. It is important for people, espe- an internal appeals process, an exter- medical judgment that has resulted in cially as we are looking at having nal appeals process. He was injured harm or injury, employers cannot be votes again on the floor of both the from the getgo. He ought to have relief. held liable for damages in our bill. If House and the Senate this coming And furthermore, the Supreme Court an employer is not involved in the year, it is important that people under- has ruled that quasi-legal boards deter- HMO’s decision, there is no employer stand specifically why some of the spe- mining whether a suit can proceed are liability. cific language is so important. infringements of seventh amendment Now, a number of States, like Cali- The Shadegg bill would preempt protections. Some have even tried to fornia, Texas, and Maine have passed State law. It would cut off developing get provisions into other patient pro- patient protection bills since 1997, and State law. Every case against a health tection bills that say that if any part 27 others have debated them this past plan would have to go to Federal of the bill is deemed unconstitutional year. An awful lot of legislatures are Court, regardless of whether it in- all the rest of it is void. going to be debating bills reintroduced volved benefit questions or medical I am very hopeful that, after this in January. A New Jersey bill passed facts. That is page 84, line 9; page 91, election, in the 107th Congress, that its State Senate 38 to 0, and I am sure line 3. will start January 3, we have a great will be reintroduced. The Coburn-Shadegg compromise bill opportunity to finally pass a real pa- My point is this. A lot of what we attempted a targeted removal of tient protection bill. So I want to spec- have done in Congress has had salutary

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effects throughout the country. State tleman from Georgia (Mr. NORWOOD), publican colleagues on this side of the legislatures are doing some of our job, my compatriot on this. Consider this aisle, we have stood down here in the but there are some aspects to Federal quote from Chief Justice Rehnquist: well many times arguing that the Fed- law particularly as it relates to the ‘‘Congress should commit itself to con- eral Government should not be in- Employee Retirement Income Security serving the Federal courts as a distinc- volved in areas where the States have Act. This was originally designed to be tive judicial forum of limited jurisdic- traditional responsibilities. In fact, I a consumer bill to ensure that em- tion in our system of federalism. Civil believe that is an amendment in the ployee pensions were protected but has and criminal jurisdiction should be as- Constitution. since become a way for employers to signed to the Federal courts only to So, my friends, when we look at this provide less than adequate HMO care, further clearly define and justify na- legislation this coming year, let us not and we need to fix that. tional interests, leaving to the State preempt the work that has already In the last few days, we have found courts the responsibility for adjudi- been going on at the State level; but out that Steve and Michele Bauman, cating all other matters.’’ let us try to set up some standards for are suing Aetna Health Care. They are The gentleman from Georgia (Mr. everyone, and let us go back and fix claiming that its former policy of dis- NORWOOD) continued, ‘‘In the Federal the problem that Congress created 25 charging newborns from hospitals after courts today, there are 65 vacancies years ago when they gave the HMOs 24 hours led to the death of their first and the courts anticipate another 16 legal carte blanche to do whatever they baby, Michelina, a day after she was vacancies forthcoming. Twenty-two wanted to do regardless of the con- sent home in 1995. courts are considered to be under emer- sequences. gency status. They do not have appro- I do not know any other industry in b 1330 priate coverage from the bench to con- the United States that has that kind of This was one of the political cartoons sider the cases before them. To this sit- legal protection. I think that if Con- that came out after the HMOs, as you uation we are going to add a Federal gress brought a bill to the floor today will remember, said, we are going to in- tort?’’ to give that type of legal protection to stitute a policy of drive-through deliv- The gentleman from Georgia (Mr. Bridgestone-Firestone, I think every eries. Here is the maternity hospital. NORWOOD) continues, ‘‘The Speedy Member who voted for that would be You have your drive-through window. Trial Act of 1974 requires the Federal voted out of office. ‘‘Now only 6-minute stays for new bench to give priority to criminal cases Now, that was what, 118 or 120 deaths moms.’’ You have Mom and Dad with over civil cases. In 1998, criminal case caused by faulty tires. We are talking crying baby and the hospital person filings were up 15 percent. A single about millions of decisions made every saying, ‘‘Congratulations. Would you mother whose child needs constant day by the HMO industry that can af- like fries with that?’’ care because of a decision made by an fect a person’s health, maybe their Well, it was not so funny for the HMO will have to stand in line behind hands or their feet, or even their life. Baumans because their daughter was all of the drug dealers before she can How can anyone reasonably argue that sent home immediately. She passed try to hold the HMO liable for its ac- the House plan, the HMO, should be lia- away within 24 hours. They make the tion.’’ ble only for the cost of care denied case that that was improper medical The gentleman from Georgia (Mr. when they make a medical judgment judgment by their HMO to do that. NORWOOD) continues, ‘‘State courts are that is clearly negligent and hurts Now, the interesting thing about that easier for patients to access. Almost somebody? is that they have taken their case all every town in America has a State I do not know what kind of responsi- the way to the United States Supreme court. Federal courts are few and far bility we are talking about. We Repub- Court and the United States Supreme between. States like Texas and Georgia licans have been on this floor many, Court upheld a Federal Appeals Court and California already have moved to many times talking about how welfare ruling that the couple could bring suit make insurers accountable for their ac- recipients ought to be responsible. By against the HMO for malpractice in tions. State courts are a more appro- George, if you are able-bodied and you State court. That is what they are now priate and accessible venue for per- get education and you get help in child doing. sonal injury and wrongful death.’’ care, you are going to have a limited So as we are moving at the Federal The gentleman from Georgia (Mr. time and you are going to go out and level here to enact a broad Patients’ NORWOOD) continues, ‘‘Considering the be responsible and get a job. But some Bill of Rights protecting the rights of problems that patients will have in ac- people would argue that we ought to States in these areas, there will be, I cessing Federal court, it is hard to not have plans that are making life- predict, a strong move by the HMOs to imagine that HMO liability meets the and-death decisions responsible. Some- try to get all of these State jurisdic- Chief Justice’s definition of ‘‘national how there is an inconsistency there. tions moved to Federal jurisdiction. interest.’’ It certainly does not meet Well, my prediction for this coming That would be a huge mistake. the single mother’s definition. Like all year is that we are going to have a My colleague from Georgia (Mr. NOR- politics, all health care is really local. very good debate on this issue. If we WOOD), a fellow stalwart on patient pro- H.R. 2723 holds insurers liable for their see Governor Bush in the White House, tections, certainly one of the more con- decisions that harm or kill someone in I wish him the best. I want to see servative Members of the House, a co- the most appropriate venue, State President Bush succeed by being a author of the Norwood-Dingell-Ganske courts.’’ uniter, not a divider. I want to see him Bipartisan Consensus Managed Care And I could not say it any better work in a bipartisan fashion. And one Reform Act, had this to say in debate than my colleague, the gentleman from of the earliest things that we can do in in October of 1999 on moving these Georgia (Mr. NORWOOD), on this issue. this coming year is to pass the latest suits to Federal court. This is what my But I predict, as we are moving version of the Norwood-Dingell-Ganske colleague said: through this in the year 2001, the HMOs bill, pass it by a big margin in the ‘‘The Houghton amendment would are going to try to stick language into House, big margin in the Senate, send make insurers liable in Federal court a bill that would move this developing it to President Bush, and have him sign rather than State court. That is sort of case law, certified by the U.S. Supreme that bill. And I will tell you what. That the bottom line. Our bill, H.R. 2723, the Court decision in the case of the would go a long ways to getting his ad- Bipartisan Consensus Managed Care Baumans losing their baby, they are ministration off to a good start. And I Reform Act, and every bill incidentally going to try to move this by statute in would love to see that. I have introduced on liability, ensures the Federal courts. Well, Mr. Speaker, I think that we we want them to face State liability.’’ There are a lot of reasons why we are going to have a lot to do in this I would just like my colleagues to should not do it. But I will tell you coming year. It is a narrow margin consider a thought. This is the gen- what. I am a Republican. And my Re- that we have here in the House. It is

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.002 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—HOUSE 26259 50–50 tie in the Senate. Some people The motion was agreed to; accord- Agency, transmitting the Agency’s final say, oh, you know, there will just be ingly (at 1 o’clock and 41 minutes rule—Control of Emissions from New gridlock and chaos. I am an optimist. I p.m.), under its previous order, the Nonroad Spark-Ignition Engines Rated above do not see the glass that is half empty. House adjourned until Wednesday, De- 19 Kilowatts and New Land-Based Rec- reational Spark-Ignition Engines [FRL–6907– I see this glass as half full. And I think cember 6, 2000, at 2 p.m. 5] (RIN: 2060–AI11) received November 21, we have a real opportunity to do some f 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the things that will benefit our constitu- EXECUTIVE COMMUNICATIONS, Committee on Commerce. ents. 11157. A letter from the Deputy Associate ETC. Administrator, Environmental Protection f Under clause 8 of rule XII, executive Agency, transmitting the Agency’s final HOUR OF MEETING ON communications were taken from the rule—Approval and Promulgation of Imple- WEDNESDAY, DECEMBER 6, 2000 Speaker’s table and referred as follows: mentation Plans; Texas; Excess Emissions During Startup, Shutdown, Malfunction and 11147. A letter from the Secretary, Depart- Mr. GANSKE. Mr. Speaker, I ask Maintenance [TX–130–1–7473a; FRL–6907–8] ment of Defense, transmitting the approved unanimous consent that when the received November 21, 2000, pursuant to 5 retirement and advancement to the grade of U.S.C. 801(a)(1)(A); to the Committee on House adjourns today, it adjourn to vice admiral on the retired list of Vice Admi- Commerce. meet at 2 p.m. tomorrow. ral Daniel J. Murphy, Jr., United States 11158. A letter from the Deputy Associate The SPEAKER pro tempore (Mr. Navy; to the Committee on Armed Services. LATOURETTE). Is there objection to the 11148. A letter from the Federal Register Administrator, Environmental Protection request of the gentleman from Iowa? Liaison Officer, Office of Thrift Supervision, Agency, transmitting the Agency’s final rule—Petition By American Samoa for Ex- There was no objection. Department of the Treasury, transmitting the Department’s final rule—Consumer Pro- emption from Anti-Dumping Requirements f tections for Depository Institution Sales of for Conventional Gasoline [FRL–6908–8] (RIN: Insurance [Docket No. 2000–97] (RIN: 1550– 2060–AI60) received November 21, 2000, pursu- HOUR OF MEETING ON THURSDAY, ant to 5 U.S.C. 801(a)(1)(A); to the Committee DECEMBER 7, 2000 AB34) received November 28, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on on Commerce. Mr. GANSKE. Mr. Speaker, I ask Banking and Financial Services. 11159. A letter from the Deputy Associate Administrator, Environmental Protection unanimous consent that when the 11149. A letter from the Legislative and Regulatory Activities Division, Department Agency, transmitting the Agency’s final House adjourns on Wednesday, Decem- rule—Partial Withdrawal of Direct Final ber 6, 2000, it adjourn to meet at 2 p.m. of Treasury, Office of the Comptroller of the Currency, transmitting the Department’s Rule for Approval and Promulgation of Im- on Thursday, December 7. final rule—Consumer Protections for Deposi- plementation Plans; California State Imple- The SPEAKER pro tempore. Is there tory Institution Sales of Insurance [Docket mentation Plan Revision, San Diego County objection to the request of the gen- No. 00–26] (RIN: 1557–AB81) received Novem- Air Pollution Control District [CA 210–0266; tleman from Iowa? ber 29, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); FRL–6908–3] received November 21, 2000, pur- There was no objection. to the Committee on Banking and Financial suant to 5 U.S.C. 801(a)(1)(A); to the Com- Services. mittee on Commerce. f 11150. A letter from the President and 11160. A letter from the Deputy Associate Administrator, Environmental Protection LEAVE OF ABSENCE Chairman, Export-Import Bank of the United States, transmitting a transaction involving Agency, transmitting the Agency’s final By unanimous consent, leave of ab- U.S. exports to India; to the Committee on rule—Georgia: Final Authorization of State sence was granted to: Banking and Financial Services. Hazardous Waste Management Program Re- Mr. POMEROY (at the request of Mr. 11151. A letter from the Director, Office of vision [FRL–6907–3] received November 20, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the GEPHARDT) for today on account of offi- Management and Budget, transmitting a re- Committee on Commerce. cial business. port on OMB Cost Estimate For Pay-As-You- Go Calculations; to the Committee on the 11161. A letter from the Deputy Associate Mr. HILL of Montana (at the request Budget. Administrator, Environmental Protection of Mr. ARMEY) for today on account of 11152. A letter from the Director, Regula- Agency, transmitting the Agency’s final medical reasons. tions Policy and Management Staff, FDA, rule—Approval and Promulgation of Imple- mentation Plans: Revision to the Alabama f Department of Health and Human Services, transmitting the Department’s final rule— Department of Environmental Management SPECIAL ORDERS GRANTED Irradiation in the Production, Processing, (ADEM) Administrative Code for the Air Pol- and Handling of Food [Docket No. 99F–1912] lution Control Program [AL–054–200027(a); By unanimous consent, permission to FRL–6910–6] received November 29, 2000, pur- address the House, following the legis- received December 4, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on suant to 5 U.S.C. 801(a)(1)(A); to the Com- lative program and any special orders Commerce. mittee on Commerce. heretofore entered, was granted to: 11153. A letter from the Director, Regula- 11162. A letter from the Deputy Secretary, (The following Members (at the re- tions Policy and Management Staff, FDA, Division of Market Regulation, Securities quest of Mr. MCNULTY) to revise and Department of Health and Human Services, and Exchange Commission, transmitting the extend their remarks and include ex- transmitting the Department’s final rule— Commission’s final rule—Options Price Re- traneous material:) Secondary Direct Food Additives Permitted porting Authority [Release No. 34–43621; File in Food for Human Consumption [Docket No. No. 4–434] (RIN: 3235–AH92) received Novem- Ms. NORTON, for 5 minutes, today. 00F–1332] received November 30, 2000, pursu- ber 28, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); Mr. SHERMAN, for 5 minutes, today. ant to 5 U.S.C. 801(a)(1)(A); to the Committee to the Committee on Commerce. (The following Members (at the re- on Commerce. 11163. A letter from the Director, Inter- quest of Mr. GREEN of Wisconsin) to re- 11154. A letter from the Deputy Associate national Cooperation, Department of De- vise and extend their remarks and in- Administrator, Environmental Protection fense, transmitting a copy of Transmittal clude extraneous material:) Agency, transmitting the Agency’s final No. 25–00 which constitutes a Request for Mr. GREEN of Wisconsin, for 5 min- rule—National Primary Drinking Water Reg- Final Approval to conclude the Memo- utes, today. ulations; Radionuclides; Final Rule [FRL– randum of Understanding with the United 6909–3] (RIN: 2040–AC98) received November Kingdom for the Cooperative Framework for Mr. EHRLICH, for 5 minutes, today. 29, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to Engineering and Manufacturing Develop- Mr. BURTON of Indiana, for 5 minutes, the Committee on Commerce. ment (EMD) of the Joint Strike Fighter and today. 11155. A letter from the Deputy Associate the U.K. Supplement, pursuant to 22 U.S.C. Mr. METCALF, for 5 minutes, today Administrator, Environmental Protection 2767(f); to the Committee on International and December 6, 7, and 8. Agency, transmitting the Agency’s final Relations. Mr. SALMON, for 5 minutes, today. rule—National Priorities List for Uncon- 11164. A letter from the Acting Chief Coun- trolled Hazardous Waste Sites [FRL–6910–4] sel, Office of Foreign Assets Control, Depart- f received November 29, 2000, pursuant to 5 ment of the Treasury, transmitting the De- ADJOURNMENT U.S.C. 801(a)(1)(A); to the Committee on partment’s final rule—Blocked Persons, Spe- Commerce. cially Designated Nationals, Specially Des- Mr. GANSKE. Mr. Speaker, I move 11156. A letter from the Deputy Associate ignated Terrorists, Foreign Terrorist Organi- that the House do now adjourn. Administrator, Environmental Protection zations, and Specially Designated Narcotics

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.002 H05DE0 26260 CONGRESSIONAL RECORD—HOUSE December 5, 2000 Traffickers: Additional Designations and Re- tangibles in Partnerships [TD 8907] (RIN: H.R. 5291. Referral to the Committee on movals and Supplementary Information on 1545–AX73) received November 28, 2000, pursu- Ways and Means extended for a period ending Specially Designated Narcotics Traffickers, ant to 5 U.S.C. 801(a)(1)(A); to the Committee not later than December 7, 2000. Foreign Terrorist Organizations—received on Ways and Means. November 29, 2000, pursuant to 5 U.S.C. 11175. A letter from the Chief, Regulations f 801(a)(1)(A); to the Committee on Inter- Unit, Internal Revenue Service, transmitting PUBLIC BILLS AND RESOLUTIONS national Relations. the Service’s final rule—Stock Compensa- 11165. A letter from the President and Chief tion Corporate Tax Shelter Notice—received Under clause 2 of rule XII, public Executive Officer, Overseas Private Invest- November 20, 2000, pursuant to 5 U.S.C. bills and resolutions of the following ment Corporation, transmitting a report on 801(a)(1)(A); to the Committee on Ways and titles were introduced and severally re- actions to establish a council to promote Means. ferred, as follows: greater investment in sub-Saharan Africa; to 11176. A letter from the Chief, Regulations By Mr. LEACH (for himself and Mr. LA- the Committee on International Relations. Unit, Internal Revenue Service, transmitting FALCE): 11166. A letter from the Secretary, Depart- the Service’s final rule—Trusts Not Consid- H.R. 5640. A bill to expand homeownership ment of Agriculture, transmitting the semi- ered Individuals for Purposes of Section 935— in the United States, and for other purposes; annual report of the Inspector General for received November 28, 2000, pursuant to 5 to the Committee on Banking and Financial the 6-month period ending September 30, U.S.C. 801(a)(1)(A); to the Committee on Services. 2000, pursuant to 5 U.S.C. app. (Insp. Gen. Ways and Means. By Mr. WOLF: Act) section 5(b); to the Committee on Gov- 11177. A letter from the Secretary, Depart- H.R. 5641. A bill to establish a commission ernment Reform. ment of Health and Human Services, trans- to review the Federal Aviation Administra- 11167. A letter from the Secretary, Depart- mitting a report on the level of coverage and tion; to the Committee on Transportation ment of Education, transmitting the semi- expenditures for Religious Nonmedical and Infrastructure. annual report of the activities of the Office Health Care Institutions (RNHCIs) under By Mr. BONILLA (for himself, Mr. of Inspector General for the period April 1 both Medicare and Medicaid for the previous CUNNINGHAM, and Mr. SAM JOHNSON of through September 30, 2000, pursuant to 5 fiscal year (FY); estimated levels of expendi- Texas): U.S.C. app. (Insp. Gen. Act) section 5(b); to ture for the current FY; and, trends in those H. Con. Res. 444. Concurrent resolution ex- the Committee on Government Reform. expenditure levels including an explanation pressing the sense of Congress that the right 11168. A letter from the Assistant Attorney of any significant changes in expenditure of all members of the uniformed services and General for Administration, Justice Manage- levels from previous years; jointly to the their dependents to vote should be re- ment Division, Department of Justice, trans- Committees on Ways and Means and Com- affirmed by having the Attorney General mitting the Department’s final rule—Envi- merce. take all appropriate actions to protect those ronment and Natural Resources Division f rights in the State of Florida; to the Com- Case and Related Files System, JUSTICE/ mittee on the Judiciary, and in addition to ENRD–003—received November 28, 2000, pur- TIME LIMITATION OF REFERRED the Committee on House Administration, for suant to 5 U.S.C. 801(a)(1)(A); to the Com- BILL a period to be subsequently determined by mittee on Government Reform. Pursuant to clause 5 of rule X the fol- the Speaker, in each case for consideration 11169. A letter from the Assistant Attorney of such provisions as fall within the jurisdic- General for Administration, Department of lowing action was taken by the Speak- tion of the committee concerned. Justice, transmitting the Department’s final er: rule—CaseLink Document Database for Of- H.R. 1689. Referral to the Committee on f fice of Special Counsel—Waco, JUSTICE/ Transportation and Infrastructure extended OSCW–001—received November 28, 2000, pur- for a period ending not later than December MEMORIALS suant to 5 U.S.C. 801(a)(1)(A); to the Com- 7, 2000. Under clause 3 of rule XII, mittee on Government Reform. H.R. 1882. Referral to the Committee on 11170. A letter from the Deputy Adminis- Ways and Means extended for a period ending 489. The SPEAKER presented a memorial trator, Environmental Protection Agency, not later than December 7, 2000. of the Council of the District of Columbia, transmitting a report on the ‘‘EPA’s Inven- H.R. 2580. Referral to the Committee on relative to Resolution 13–684, ‘‘African-Amer- tory of Commercial Activities’’; to the Com- Transportation and Infrastructure extended ican Civil War Memorial Transfer of Juris- mittee on Government Reform. for a period ending not later than December diction Resolution of 2000’’; to the Com- 11171. A letter from the Administrator, 7, 2000. mittee on Government Reform. U.S. Agency for International Development, H.R. 4144. Referral to the Committee on f transmitting a report on Year 2000 A–76 In- the Budget extended for a period ending not ventory for FY99; to the Committee on Gov- later than December 7, 2000. ADDITIONAL SPONSORS ernment Reform. H.R. 4548. Referral to the Committee on Under clause 7 of rule XII, sponsors 11172. A letter from the Secretary, Judicial Education and the Workforce extended for a Conference of the United States, transmit- period ending not later than December 7, were added to public bills and resolu- ting the Judicial Conference of the United 2000. tions as follows: States biennial report to the Congress on the H.R. 4585. Referral to the Committee on H.R. 1322: Mr. GONZALEZ. continuing need for all authorized bank- Commerce extended for a period ending not H.R. 1323: Mr. BURR of North Carolina. ruptcy judgeships, pursuant to 28 U.S.C. later than December 7, 2000. H.R. 3272: Ms. ROYBAL-ALLARD. 152(b)(2); to the Committee on the Judiciary. H.R. 4725. Referral to the Committee on H.R. 3433: Ms. CARSON, Mr. SMITH of Wash- 11173. A letter from the Chief, Regulations Education and the Workforce extended for a ington, and Mr. DEFAZIO. Unit, Internal Revenue Service, transmitting period ending not later than December 7, H.R. 4874: Mr. KILDEE. the Service’s final rule—Comments on Items 2000. H.R. 4964: Mr. FRELINGHUYSEN. for Year 2001 Published Guidance Priority H.R. 4857. Referral to the Committees on H.R. 5116: Mr. STRICKLAND and Mr. List—received November 30, 2000, pursuant the Judiciary, Banking and Financial Serv- DEFAZIO. to 5 U.S.C. 801(a)(1)(A); to the Committee on ices, and Commerce for a period ending not H.R. 5500: Mr. SAXTON. Ways and Means. later than December 7, 2000. H.R. 5631: Mr. GILLMOR, Mr. LAMPSON, Mr. 11174. A letter from the Chief, Regulations H.R. 5130. Referral to the Committee on MCGOVERN, Mr. HASTINGS of Florida, Mr. Unit, Internal Revenue Service, transmitting Transportation and Infrastructure extended LANTOS, Ms. ESHOO, Mr. MINGE, Mr. FROST, the Service’s final rule—Application of the for a period ending not later than December Mr. CLEMENT, and Mr. FILNER. Anti-Churning Rules for Amortization of In- 7, 2000. H. Con. Res. 443: Mr. TANCREDO.

VerDate jul 14 2003 12:21 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR00\H05DE0.002 H05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26261 SENATE—Tuesday, December 5, 2000

(Legislative day of Friday, September 22, 2000)

The Senate met at 12:01 p.m., on the RESERVATION OF LEADER TIME SCHEDULE expiration of the recess, and was called The PRESIDING OFFICER (Mr. Mr. LOTT. Mr. President, the Senate to order by the President pro tempore ENZI). Under the previous order, leader- will be in a period of morning business [Mr. THURMOND]. ship time is reserved. until 12:30 p.m. By previous consent, the Senate will recess from 12:30 to 2:15 f PRAYER for the weekly party conferences to The Chaplain, Dr. Lloyd John RECOGNITION OF THE MAJORITY meet. When we reconvene, the Senate Ogilvie, offered the following prayer: LEADER may continue morning business. How- ever, it is possible the Senate will have Almighty God, Sovereign of our Na- The PRESIDING OFFICER. The Chair recognizes the majority leader. one or as many as four votes this after- tion, Lord of this Senate, and gracious noon. I don’t want to lock it in at this Father of us all, we return to You in f point, but it is possible we could have repentance, confessing our urgent need a recorded vote at 2:15 on the con- for Your grace. We cannot open the HAPPY BIRTHDAY TO SENATOR STROM THURMOND tinuing resolution that would be for 2 Senate today with a business-as-usual days. We also could have one or more attitude. So much has happened in Mr. LOTT. Mr. President, on behalf votes this afternoon on or in relation these past weeks in the contested Pres- of an admiring Senate, I extend happy to cloture on the conference report to idential election and the close Senate birthday and best wishes to our great accompany H.R. 2415, the bankruptcy races. As tension mounts, patience Senator, the favorite son of South legislation. wears thin, and party spirit threatens Carolina, STROM THURMOND. What a ca- I see the distinguished assistant to displace the spirit of patriotism in reer he has had and what an example Democratic leader here. He may want America, we ask for Your healing spir- he sets for all of us: A soldier, a pa- to comment on that. I emphasize that it. triot, a teacher, a political leader, a we do expect at least a couple, maybe Life can make us bitter or better, re- man of good will, and a gentle man. We as many as four, votes this afternoon. sentful or resilient. The difference is in appreciate his presence every day and I welcome back all Senators of the the opening of our minds and hearts to hope he has a very happy day today 106th Congress. I hope this session can You. May this Senate exemplify to the and many more to come. come to an early conclusion. It would Nation how reliance on You brings rec- Mr. THURMOND. Mr. President, I be very important at this time, consid- onciliation in relationships. Help the thank the majority leader for his kind ering all that is going on. If we show Senators to model what it means to remarks. He has done a great job. I we can act quickly on the remaining work together to complete the work of don’t know of anyone who has done appropriations bills and dispose of the this 106th Congress. Heal our land, better. We are proud of him. I want tax and Medicare issues, that will be Lord, and make these Senators agents him to know it. We are proud of the very positive for our country. I look of healing. Senate and all it has accomplished, and forward to working with the chairman and senior member of the Appropria- Today, we celebrate the 98th birth- we expect to do even more as the days tions Committee to see if we can get day of Senator STROM THURMOND. We go by. Mr. LOTT. Mr. President, I thank that worked out and see if there is any cherish our friendship with him and ad- way that maybe we can complete it by mire his patriotism. We marvel at his Senator THURMOND, and I yield to Sen- ator REID. Thursday night when this continuing vigor and stamina. By Your provi- resolution will expire. We will get more dential care, on May 25, 1997, he be- Mr. REID. Mr. President, I also ex- press happy birthday wishes to Senator information to all Senators later this came the longest serving Senator in afternoon, after consultation with the the Nation’s history. Yet it is not just THURMOND. He is a wonderful example for all of us. Democratic leaders. the quantity but the quality of these EID. Mr. HOLLINGS. Mr. President, I rise I yield to Senator R years of service that motivate our ad- Mr. REID. Mr. President, Senator today to offer my congratulations to miration. May he know of our affirma- BYRD would like 15 minutes prior to tion, feel our love, and be encouraged Senator THURMOND on his 98th birth- the CR vote, to be divided between him day. Few people are lucky enough to by Your blessing. and Senator STEVENS, to talk about reach this milestone in their lives, but Now, Lord, we turn to the challenges that. fewer still, if any, can claim a life as of this day with the firm conviction During our party conferences, we will rich and colorful as STROM THUR- that when we place our trust in You, find out if we need the two extra votes MOND’s. He is what the lawyers call You turn our struggles into stepping on bankruptcy. It is my understanding ‘‘sui generis’’—one of a kind, unique. stones. You are our Lord and Saviour. what the leader wants is to have a vote Last year, a monument to Senator Amen. on cloture on bankruptcy. If we have to THURMOND was dedicated on the go through the drill, we will have to grounds of the South Carolina State- f have a couple votes before we get to house. It was a deserving tribute, but that. I will talk to the people in the hardly necessary to mark his many Democratic Conference at 12:30 today PLEDGE OF ALLEGIANCE contributions to our State and Nation. and report back to the leader as quick- The Honorable MICHAEL B. ENZI, a He is, after all, a living political icon. ly as I can. Senator from the State of Wyoming, Generations of South Carolinians refer I am happy to hear the majority led the Pledge of Allegiance, as follows: to him affectionately as ‘‘STROM’’ and leader talking about moving forward his birthday is a celebration of service I pledge allegiance to the Flag of the where we left off before the lame duck United States of America, and to the Repub- to our State. I know the people of session started. There has been a tre- lic for which it stands, one Nation under South Carolina join me and Peatsy in mendous amount of work that has gone God, indivisible, with liberty and justice for sending Senator THURMOND our best into those appropriation bills, the bal- all. wishes for a wonderful day. anced budget problem we have, the

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 26262 CONGRESSIONAL RECORD—SENATE December 5, 2000 add-ons, and the other things the lead- pristine environment in his home State of Social Security. Social Security, as er has indicated we will try to move, of Florida. And he has been a warm, we know, has had surpluses routinely rather than have a CR. I hope we do amiable gentleman in all seasons and raided to finance deficit spending of that. We await the direction of the ma- all situations. the Federal Government. JOHN was a jority in the next few days so we can go I served with CONNIE MACK in the key Member of Congress who drew at- home and have a good Christmas. House of Representatives to which he tention to, and halted, this practice so Mr. LOTT. I thank Senator REID. We was elected in 1982. That was a pivotal that these moneys are now used to pay will have further announcements after time in our politics, as he has pointed benefits and only to pay benefits. He consultation with the leadership on out. America had made a clean break introduced the first lockbox proposal both sides of the aisle. at that time from decades of ever-in- in the Senate. And, at his urging, budg- I thank the Chair and yield the floor. creasing governmental interference in et procedures were changed so that the the economy. He entered Congress as a f objectionable practice of diverting So- small businessman, a banker, who un- cial Security funds to pay for other MORNING BUSINESS derstood that the engine of America’s Government operations could literally The PRESIDING OFFICER. Under greatness is its private sector. Then- be ruled out of order. the previous order, there will now be a Congressman MACK took Ronald Rea- I want to conclude by saying what an period for the transaction of morning gan’s political banner as his own. As honor it has been to serve with a man business not to extend beyond the hour CONNIE has written, ‘‘It can be summed of such intellect, compassion, and no- of 12:30 p.m., with Senators permitted up in one word: freedom.’’ President table integrity as JOHN ASHCROFT. He to speak therein for up to 5 minutes. Reagan inspired him into public serv- has distinguished himself as a Missouri The Chair recognizes the Senator ice, and he has eloquently defended Senator, its Governor, its auditor, and from Arizona. conservatism’s most deeply held prin- its attorney general. One thing is cer- ciples: limited government, standing f tain: we have not seen the last of JOHN up for democratic allies around the ASHCROFT. I trust that what lies ahead HAPPY BIRTHDAY GREETINGS TO world, lowering the tax burden that SENATOR THURMOND for someone of his caliber is further Americans bear, taming the bureauc- and even greater service to his State Mr. KYL. Mr. President, congratula- racy and the special interests, and re- and to his country. tions to the majority leader, and happy turning to citizens control over their Thank you, Mr. President. birthday to our President pro tem, own lives. f STROM THURMOND. We agreed on public policy questions, I remember on the 90th birthday of Senator MACK and I. But having said ORDER FOR RECESS that, I also know that my colleagues Senator THURMOND, a reporter asked Mr. KYL. Mr. President, I ask unani- him if he could expect to see STROM on who opposed him on issues admire and like him every bit as much as I do. mous consent that at the hour of 12:30 his 100th birthday. Senator THURMOND p.m. the Senate stand in recess until looked him up and down and said: Well, CONNIE MACK is that kind of person. Senator MACK said on the floor of the the hour of 2:15 p.m. in order for the you look fit enough to me. If you eat weekly party caucuses to meet. right and drink right, you ought to be Senate recently—it was on an impor- tant foreign policy matter—that ‘‘we The PRESIDING OFFICER. Without around to see me then. objection, it is so ordered. All of us are looking forward to the must speak the truth and stand on principle.’’ That is what he has done centennial birthday of Senator THUR- f daily. That is the virtuous example he MOND. has set. It is what has made him such UNANIMOUS CONSENT f a good public servant for Florida and AGREEMENT—H.J. RES. 126 RETIREMENT OF SENATOR CONNIE America. Mr. KYL. Mr. President, I ask unani- MACK Mr. President, I know we will all mous consent that at 2:15 p.m., the miss our colleague, CONNIE MACK. Mr. KYL. Mr. President, I rise this Senate proceed to H.J. Res. 126, the morning to express how much I am f continuing resolution; further, that no going to miss our colleague, CONNIE TRIBUTE TO SENATOR JOHN amendments or motions be in order, MACK, who retires at the end of this ASHCROFT and that there be 15 minutes equally divided between the chairman and the Congress, after three terms in the Mr. KYL. Mr. President, I want to ranking member; that following that House of Representatives and two say a few words about the wonderful time the resolution be immediately terms in the Senate. work that my colleague, JOHN read the third time, and the Senate My colleague, the first Republican in ASHCROFT, has done in the Senate dur- proceed to a vote on passage of the res- the history of the State of Florida ever ing the last 6 years. Our colleague from olution, with no intervening action or to be reelected to the U.S. Senate, is a Missouri has racked up an enviable list debate. valued part of our party’s leadership of accomplishments in his time in the team. He has managed simultaneously Senate. The PRESIDING OFFICER. Without to accomplish great things for the con- As you know, he was responsible for objection, it is so ordered. servative cause while also increasing the ‘‘charitable choice’’ provision in The PRESIDING OFFICER. The Sen- the level of civility in this body. the landmark 1996 welfare reform law, ator from West Virginia is recognized. One is tempted to call CONNIE MACK a provision that allows faith-based or- f Reaganesque in the way that he com- ganizations to compete for Government bines an agreeable disposition with resources to help poor families. These SENATOR STROM THURMOND’S rock-solid principles. As chairman of organizations had previously been shut 98TH BIRTHDAY the Joint Economic Committee, and as out of the process. The Ashcroft provi- Mr. BYRD. Mr. President, I rise this a member of the Banking and Finance sion gained such strong, bipartisan afternoon to add a few accolades to Committees, he led the successful ef- support that he has expanded it so that those that have already been expressed fort in 1995 to cut congressional spend- faith-based groups can now participate on the 98th birthday of our very distin- ing by 9 percent—the largest cut in 40 in Federal substance abuse treatment guished and able colleague, Senator years. Connie is one of the people who programs. Senator ASHCROFT has truly THURMOND. has led Congress in forcing the Federal helped America find better ways to at- Senator THURMOND and I have Government to put its financial house tack the problems we face in our com- worked together in this Chamber for 42 in order. munities. years. I say this with a considerable He has also left his mark in the areas He also led the way on another major amount of pleasure. I have always of medical research and protecting the public policy improvement in the area found Senator THURMOND to be

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straightforward, courageous—he is ab- Senator THURMOND but it has been an cumstances, this short session should solutely fearless—and always consid- honor. I salute him on this his 98th have lasted about 11 days. Due to in- erate of the viewpoints of others. We birthday. tense partisanship, it resulted in dead- were here during the great civil rights Abraham lived to be 175. Isaac lived lock. It ran for 11 weeks. debates of the 1960s. We have seen col- to be 180. Jacob lived to be 147. Joshua I hope that is a lesson to those of us leagues come and go. We have shared lived to be 110. Joseph lived to be 110. who are trying to find a reasonable viewpoints on many of the great issues Moses lived to be 120. STROM THURMOND way to resolve our new challenge in the that have been debated upon this stage is only 98. I thank the good Lord that new Congress; that there are ways to in the years that have gone by: The I can be here today to share with him do it so we can avoid that kind of dead- Civil Rights Act of 1964, the Voting this birthday of his. lock and that kind of delay. Rights Act of 1965, the Panama Canal Let me close by remembering a few I see the Senator from Iowa present. Treaties in the late 1970s—the many lines, if I might, that were written by Mr. BYRD. Mr. President, If the Sen- issues that have deeply affected our a poet. ator will yield, the two independent country and the people of our country. Count your garden by the flowers, Senators on that occasion came from While Senator THURMOND and I be- Never by the leaves that fall. the State of Illinois. One was David long to different political parties, I Count your days by the sunny hours, Davis, a former Member of the Su- think we have attempted to see Not remembering clouds at all. preme Court. The other was William through the fog of political debate, and Count your nights by stars, not shadows. Mahone who hailed from the great Count your life by smiles, not tears. we have attempted to speak and act in State of Virginia, the mother of Presi- the best interests of the country as a On this beautiful December after- dents. whole. We have often risen above the noon, Senator THURMOND: Mr. DURBIN. I thank the Senator. I political fray. Count your age by friends, not years. yield the floor. Senator THURMOND has always been I yield the floor. The PRESIDING OFFICER. The Sen- very courteous to me. I can remember The PRESIDING OFFICER. The Sen- ator from Iowa. those years, now long ago, when Sen- ator from South Carolina. f ator THURMOND lost his wife. He was a Mr. THURMOND. Mr. President, I Democrat in those years, and I remem- wish to thank the able Senator from HEALTH AND EDUCATION ber coming into the Senate Chamber West Virginia for his kind remarks. He APPROPRIATIONS on that morning after. Senator THUR- is a man of character, a man of ability, Mr. HARKIN. Mr. President, over a MOND sat there in the back row behind a man of dedication, a man for whom month has passed since the Republican me that morning. I walked up to him, all of us have high respect. and Democratic negotiators came to shook his hand, and told him of my He has done a fine job here in the agreement on the health and education sorrow at his loss. Senate. Although we are in different appropriations bill for this year. As I I can remember when Senator THUR- parties, we have so much in common. I said back then, the agreement was MOND lost his daughter. I went to have enjoyed being here with him, and reached as a product of long and dif- South Carolina to be with him in that I thank him for his great service to his ficult bipartisan negotiations. Senator time of trial and tribulation and sor- State and to our Nation. STEVENS, Senator BYRD, Senator SPEC- row. I saw the great outpouring of af- Thank you, Mr. President. TER, and I, along with Congressmen fection and love by his constituents in Mr. BYRD. Mr. President, I under- BILL YOUNG, Congressman DAVID OBEY, South Carolina. stand Senator HARKIN wishes to make and Congressman JOHN PORTER, worked I remember, too, the day in which a few remarks before the Senate re- for months to craft this agreement. there was a memorial service con- cesses and before the meetings of the Chairman STEVENS and Chairman ducted for my grandson, Michael, who two parties. I hope someone will indi- YOUNG had been charged by their lead- was tragically killed at the age of 17. I ership to lead these negotiations to recall that at that memorial service cate to Senator HARKIN that the floor closure so that we could pass this very there were two other Senators is now available, if he would come at important bill. That is exactly what present—Senator Randolph, my col- this time. they did. At times when negotiations league at that time in the Senate, and I understand he is on his way. If the Chair would just momentarily desist got heated, both sides hung in there, Senator THURMOND. My colleague from using the gavel. and in the end we came up with a com- today, Senator ROCKEFELLER, was there, but he was at that time the Gov- Mr. DURBIN. Mr. President, will the promise. Neither side liked everything ernor of the State of West Virginia. Senator from West Virginia yield? that was in it, but it was a true com- I shall never forget when STROM Mr. BYRD. Yes. I yield, if I have the promise. THURMOND came to my side at that mo- floor, Mr. President. Less than 12 hours after we reached ment of great sorrow when I gave up Mr. DURBIN. Mr. President, I want agreement, the faction within the my grandson. Senator THURMOND has to thank the Senator from West Vir- House leadership led by Congressman always been a Senator who sym- ginia for his kind remarks in behalf of DELAY and Congressman ARMEY de- pathizes with the sorrows, the sadness, the birthday of our colleague from cided to renege on our bipartisan con- and the joys of his colleagues. South Carolina, Senator THURMOND. ference. We were baffled by this sudden I went out here some distance from Those were excellent remarks and trib- decision. We spent many late hours the Capitol a few years ago to attend ute to a man with whom we have been giving and taking, compromising, and the funeral service of a relative of one proud to serve. negotiating. We came to an honorable, of my staff members. This relative was I would like to note, because the Sen- mutually satisfactory agreement. a black man. Who came to that funeral ator is such a historian, that someone As I said, no one was 100-percent service? Me. I was there because it was handed me a little piece of history happy with it. For example, I was ex- a relative of one of my staff members. which might be instructive to us in the tremely displeased that, at the insist- Senator THURMOND was there. He came days ahead. ence of Republicans, an important reg- there to show his sympathy and his The year was 1881, when a special ses- ulation protecting workers from work- concern to those bereaved people. sion of the Senate convened on March place injuries—such as carpal-tunnel I marveled at his presence on that oc- 4, 1881. The session was called for the syndrome—was delayed yet again; de- casion. It made me wonder, how many exclusive purpose of handling Cabinet spite the fact that last year’s con- funerals of persons of other races, of and agency nominations for the new ference report contained explicit lan- other parties, and of other creeds does administration of President James guage, it would be delayed further. this man attend around this city? Garfield. Republicans and Democrats Each year, over 600,000 American Let me just say today that it has also were split evenly 37–37, with 2 inde- workers suffer disabling, work-related, been not just a pleasure to serve with pendent Senators. Under normal cir- musculoskeletal disorders that cost

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 26264 CONGRESSIONAL RECORD—SENATE December 5, 2000 employers $15 billion to $20 billion a kissing goodbye all these important ad- The legislative clerk read as follows: year in compensation. It may cost our vances in class size reduction, Head A joint resolution (H.J. Res. 126) making economy as much as $60 billion total a Start, breast and cervical cancer treat- further continuing appropriations for fiscal year. ment, and many others. year 2001 and for other purposes. I was especially disappointed in the Among other things, a full year’s The PRESIDING OFFICER. There delay because this ergonomic provi- continuing resolution would cut NIH will be 15 minutes equally divided. sion, as a nonpartisan proposal, initi- research by 47 percent, denying funding The Senator from Alaska. ated under Labor Secretary Elizabeth to 4,500 new research project grants Mr. STEVENS. Mr. President, this is Dole in the Bush administration 9 this year. This chart indicates that. a continuing resolution to give us until years ago. If we pass a 1-year continuing resolu- the close of business Thursday to com- While I was displeased with certain tion, here is what will happen: Under plete the activities of this Congress. aspects of the bill, I was satisfied that the current bill on which we had bipar- That is a large order, but I think it can the bill contained important provisions tisan agreement, we will be able to be done if all Members of the House to improve the education of our kids, fund 9,500 new research projects at NIH. and Senate will cooperate. provide health care for working If we have a 1-year continuing resolu- We have in conference the major bill, women, and safeguards for Social Secu- tion at last year’s level, we will have the Health and Human Services bill, rity and Medicare. Those provisions are only 5,000. which we were prepared to act upon, far too important to be destroyed by The PRESIDING OFFICER. The hour but there were four basic differences in last-minute partisan politics. has arrived for the party conferences to the conference that we could not re- There is a 21-percent overall increase meet. The discussion on this issue will solve with the White House before the in education funding in this bill and 35- continue. election. We are working on that. I can percent more funding for class size re- Mr. HARKIN. I ask unanimous con- report to the Senate that our majority duction. This means 12,000 new teach- sent to be recognized at 2:15 for 10 min- leader has just given us information ers across America will be making a utes. about the meeting that he and other difference for 648,000 children. The PRESIDING OFFICER. The leaders had with the President last There is school modernization fund- unanimous consent divides time at evening. I can tell you from my per- ing that will generate approximately $9 that time, so I object. spective, based on the report of the ma- billion for school repairs; $250 million Mr. HARKIN. I ask unanimous con- jority leader, I believe it is possible to to increase accountability to turn sent to be recognized at 2:15 to finish finish by Thursday night if there is a around failing schools; a 40-percent in- my statement. will in both the House and Senate to do crease in IDEA grants, Individuals with The PRESIDING OFFICER. I have to so. It is my judgment—I am sure we are Disabilities Education Act grants, to object. We have divided the time at 2:15 going to hear from the distinguished States; the largest increase ever in Pell on this issue. Senator from West Virginia that he grants, so that college is affordable to f shares this opinion—that the work of working families and their kids; 70,000 RECESS this Congress should be finished by this more kids will get Head Start under The PRESIDING OFFICER. Under Congress. We put a lot of time and ef- this bill; an additional $817 million for the previous order, the Senate will now fort into these bills that are still pend- child care to serve 220,000 more chil- stand in recess until the hour of 2:15 ing in conference. I do believe it is pos- dren; another almost $.5 billion for p.m. sible for us to finish if all Members will afterschool care for 850,000 kids. Thereupon, the Senate, at 12:35 p.m., cooperate with us. In the health care area, there will be recessed until 2:17 p.m.; whereupon, the The President has consented to mak- 1.4 million more patient visits to com- Senate reassembled when called to ing some reductions in the amounts munity health centers under this bill order by the Presiding Officer [Mr. proposed in these bills before the elec- with an additional $150 million; an ad- INHOFE]. tion. We are working on that with the ditional $18 million for breast and cer- f staff of the House now in the appro- vical cancer screening; an additional priations process. I believe we will be UNANIMOUS CONSENT $1.7 billion for NIH funding, the largest able to report back sometime before AGREEMENT—H.R. 2415 ever; home heating, an additional $300 the close of business today if the million for the Low-Income Heating Mr. STEVENS. Mr. President, I ask progress has led us to the point where Energy Assistance Program. unanimous consent that following the we could file, or ask the House to file, In the end, each side won some bat- vote regarding the continuing resolu- a conference report tonight so it could tles and each side lost, but we ended up tion, the majority leader be recognized be taken up by the House tomorrow. with a fair and honorable agreement to offer a motion to proceed to the mo- Again, I will be pleased to report that was in the best interests of our tion to reconsider the cloture vote rel- later. For now, it is my urging that Nation. That is what bipartisan com- ative to the bankruptcy bill. I further Members of the Senate work with us to promise is all about. ask that the motion to proceed on the try to finish the business of this Con- Some are suggesting we just adopt a motion to reconsider be agreed to and gress, including the passage of all of full year’s continuing resolution. Not the Senate then proceed to 10 minutes the remaining appropriations bills, by only would that be an abdication of our equally divided between the majority the time given in this continuing reso- responsibility, but it would be exactly leader and Senator WELLSTONE, and lution, which is the close of business the wrong start to the next 2 years of following that time the Senate proceed Thursday. a possibly evenly divided Senate and immediately to the motion to invoke I reserve the remainder of my time closely divided House. It would toss out cloture on the conference report to ac- and suggest the absence of a quorum, one of the best examples of bipartisan company H.R. 2415, the bankruptcy the time not to be charged until the cooperation that we have had this bill. Senator from West Virginia claims his year, the bipartisan cooperation to The PRESIDING OFFICER. Without time. enact the Labor-Health-Education ap- objection, it is so ordered. The PRESIDING OFFICER. The propriations bill. f clerk will call the roll. Even worse, Mr. President, a full The legislative clerk proceeded to year’s continuing resolution would be a MAKING FURTHER CONTINUING call the roll. step backwards for the education of our APPROPRIATIONS FOR THE FIS- Mr. BYRD. Mr. President, I ask unan- kids and making health care available CAL YEAR 2001 imous consent that the order for the to all Americans. It would wipe out all The PRESIDING OFFICER. Under quorum call be rescinded. the gains I have just mentioned that the previous order, the clerk will re- The PRESIDING OFFICER. Without are included in the bill. We would be port the joint resolution. objection, it is so ordered.

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26265 Currently, there are 5 minutes 14 sec- though the Presidential election is still haven’t been able to get anything done onds remaining on this side and 71⁄2 in the courts, the people’s branch—the because we have been busy passing con- minutes remaining on your side. people’s branch—is here, the people’s tinuing resolutions, so we work the Mr. BYRD. I thank the Chair. branch is functioning, and the people’s next day on another continuing resolu- Mr. President, the Senate has now branch intends to get our work done. tion. before it the latest in a series of con- We can demonstrate to the Nation and I share the frustration of the Senator tinuing resolutions in order to keep the we can demonstrate to the world that from West Virginia with this process. operations of the Federal Government there is stability in this Government The Senator is absolutely right; we are going for another 48 hours. This will be even though the next President’s name going into another year in just a mat- the 17th continuing resolution for the and the next President’s party are yet ter of days, a time when this body will fiscal year which began on October 1 of not known. be split, 50 votes on each side of the this year—the 17th continuing resolu- The way we wind up this year’s busi- aisle. In our Appropriations Com- tion for the fiscal year. This is the ness can be a constructive harbinger mittee, we work basically on a bipar- largest number of continuing resolu- for the way we approach next year’s tisan basis. What we are asking is for tions that has ever been required in business with a new President and a the Senate and the House to work to- order to enable Congress to complete closely divided Senate and House. We gether now in these next 2 days and let its work on the 13 annual appropria- can start now to reassure the American us wind up this business. The State- tions bills. people that we can stop the bickering, Justice-Commerce bill is finished, for As Senators are aware, we have yet stop the wrangling, and begin to be- all intents and purposes. The Treasury- to complete action on 4 of the 13 fiscal have as adults instead of as 4-year-olds. Postal and legislative bill, that was year 2001 appropriations bills; namely, We can show the new Senators of ready to be signed—and it wasn’t the Commerce-Justice-State-Judiciary, both parties how to reach across the signed because of a disagreement over Labor-HHS, legislative branch, and aisle for the good of the Nation. Com- the Health and Human Services bill— Treasury-General Government appro- ity and compromise will have to be the we were told would have been signed. priations bills. We are now into the watchwords in the new year, and we So as a practical matter, we have one third month of fiscal year 2001, and we can begin practicing that new tone bill that is really in controversy, and have yet to get our work done on these right now. that is the Health and Human Services very critical appropriations bills. I hope we can pass these four remain- bill. As I reported to the Senate before It seems to me that the best way to ing appropriations bills over which the the Senator returned, I tell my good set the tone for the 107th Congress, distinguished chairman, over which the friend, Senator BYRD, our leaders re- which will begin on January 3, 2001, staffs, over which the Members of both ported that the President has indicated would be to finish the work of the 106th parties, both sides of the aisle, have a willingness to agree to some changes Congress immediately. The time has spent hours and hours and days in ef- in that bill to meet the objections that long since passed for us to end partisan forts to complete the work, and I hope were raised to the version of the bill bickering over issues in these various we can go home to ponder our new re- prior to the election. I think we can do appropriations bills. Why should it sponsibilities. Repeatedly passing 48- that today. take so long to reach a compromise on hour continuing resolutions, or 24-hour Unfortunately, once again we are in a the remaining issues? What in the continuing resolutions, and continuing situation where both Houses are in- world is keeping us from completing to try to play for some partisan advan- volved in elections for the coming Con- action on these appropriations bills 2 tage sets exactly the wrong tone for gress. We will be involved tomorrow in months after the new fiscal year has next year’s changed circumstances. indoctrination of new Senators for the begun? Senators, let us employ our intellects next Congress. I am told that if we We have been aware of those issues and our considerable talents for the don’t finish by Thursday, we will have for months. Most of these issues do not good of the Nation. Let us do our duty to finish by Saturday, which means we involve appropriations at all. Rather, and fund the Government, as we were will have to spend all day Thursday they involve legislative riders which expected to be doing. There is no ad- working on another continuing resolu- have nothing to do with the operation vantage to putting off this work, no ad- tion to be able to stay until Saturday. of the Federal Government as far as vantage whatsoever to putting it off This foolishness has to stop, if we are funding levels are concerned. Of course, any longer. There is only the very pos- going to wind down this Congress and legislative riders are not new. The sible danger of poisoning the well from finish the business of this Congress in Wilmot Proviso was such a rider back which we all must drink in a new and this calendar year. I think we can. in the days when slavery was being dis- very different reality setting next year. We are waiting now, Senator BYRD cussed. So I urge my colleagues on both sides and I, to get together with Members of These issues involve ergonomics, im- of the aisle to work together with the House. Both Houses are involved in migration, tobacco lawsuits, et cetera, Chairman STEVENS and myself and meetings for organization of the next matters that properly belong in the ju- with the leadership in seeing to it that Congress. I plead with Members to help risdiction of other committees. We we work together in a spirit of honest us wind this down. We are within lit- should not continue to tie up appro- compromise to wrap up the remaining erally just two or three issues to be re- priations bills for a fiscal year that matters on the last four appropriations solved on the Health and Human Serv- began more than 2 months ago—hag- bills and get them to the President’s ices bill, and I think we can put them gling over issues such as these. desk for his signature this week. all together. I hope we will bring one The partisanship should end right Mr. President, I yield the floor. resolution before the House and the now, right here this week, on these re- The PRESIDING OFFICER. The Sen- Senate to approve all three bills. That maining appropriations bills. We ator from Alaska. can be done by Thursday night if there should not permit ourselves to delay Mr. STEVENS. Mr. President, I join is goodwill here and the comity Sen- action on these matters until the next with Senator BYRD on most of the com- ator BYRD has asked the Senate to Congress or the next administration. ments he made. I am constrained to show at this time. The time has come for this 106th Con- point out that I did argue with the For myself, I look forward to the gress to complete its work now; clean White House at length not to put us challenge of working with a 50–50 bal- the slate so that the 107th Congress and through the process of having 1-day ance in the Senate. It is going to be a the new administration can begin with CRs. It is true this is the 17th one, but great challenge for all of us, and it is a fresh start. the bulk of them were for 1 or 2 days. going to be an opportunity for us to We have a tremendous opportunity And it takes us 2 days to pass one reso- demonstrate to the American public here. We can demonstrate to the Amer- lution, 1 day in the House and 1 day that the Senate is still the basic por- ican people and to the world that even over here. As a consequence, we tion of our Government that deals with

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 26266 CONGRESSIONAL RECORD—SENATE December 5, 2000 resolution of conflicts. This is supposed Kennedy Mikulski Sessions We make great strides against dead- Kerrey Miller Shelby to be a debating society, a debating Kerry Moynihan Smith (NH) beats. body. I think it will be for 2 years to Kohl Murkowski Smith (OR) Pro-consumer provisions: come. We are going to be doing our Kyl Murray Snowe New disclosures by creditors and business right here on the floor, to a Landrieu Nickles Specter more judicial oversight of reaffirma- Lautenberg Reed Stevens great extent. With the help of the Sen- Levin Reid Thomas tion agreements, to protect them from ate, we will finish this bill. Lieberman Robb Thompson being pressured into onerous agree- Does the Senator wish any more Lincoln Roberts Thurmond ments; Lott Rockefeller Torricelli A debtor’s bill of rights, to prevent time? Lugar Roth Voinovich Mr. BYRD. Mr. President, if the Sen- Mack Santorum Warner bankruptcy mills from preying upon ator will yield. McCain Sarbanes Wellstone those who are uninformed of their Mr. STEVENS. Yes. McConnell Schumer Wyden rights; Mr. BYRD. I think we are all aware NOT VOTING—1 New consumer protections under the of the monstrous hoax that has been Leahy Truth in Lending Act, such as required pulled upon the American people, the The joint resolution (H.J. Res. 126) disclosures regarding minimum month- hoax that this year was the opening was passed. ly payments and introductory rates for year of the 21st century. This year is credit cards. f the closing year of the 20th century. We provide penalties on creditors That is according to the old math as BANKRUPTCY REFORM ACT OF who refuse to renegotiate reasonable well as the new math. I hope it won’t 2000—CONFERENCE REPORT—Re- payment schedules outside of bank- be said that the Senate dabbled and sumed ruptcy. dabbled and waited until the 21st cen- The PRESIDING OFFICER. There We have penalties on creditors who tury, which begins on January 1, to are now 7 minutes equally divided be- fail to properly credit plan payments in complete the appropriations bills of fore the next vote. bankruptcy. the 20th century. Let’s be about our The Senator from Iowa is recognized. We have credit counseling programs, work. Mr. GRASSLEY. Mr. President, I to help avoid the cycle of indebtedness. Mr. STEVENS. Mr. President, the yield 3 minutes of the 5 minutes on our We provide protection for edu- Senator makes a good point. I will not side to Senator BIDEN. cational savings accounts. argue with the Senator about which The PRESIDING OFFICER. The Sen- We give equal protection for retire- century it is. I do believe that next ator from Utah. ment savings in bankruptcy. year is the first year of the next cen- Mr. HATCH. Mr. President, I will be This is a very good bankruptcy bill. tury. I join him in that. reading from these charts some of the We have worked hard to bring both Mr. President, I yield back the re- provisions of current law for women sides together. It is something that is mainder of any time I may have. and children. We developed these child absolutely needed in this country. The PRESIDING OFFICER. All time support provisions with Senators I hope our colleagues will support us has expired. The question is on the TORRICELLI, DURBIN, and DODD on the today in this motion to reconsider. third reading of the joint resolution. Democrat side. We have worked very I reserve the remainder of the time in The joint resolution was ordered to a hard to accommodate both sides. favor of Senator GRASSLEY. third reading and was read the third For women and children, we give The PRESIDING OFFICER. The Sen- time. child support first priority status—up ator from Delaware is recognized. Mr. STEVENS. Mr. President, I ask from seventh in line—meaning they Mr. BIDEN. Mr. President, I under- for the yeas and nays. will be paid ahead of the lawyers. stand that I have possibly up to 2 min- We make staying current on child The PRESIDING OFFICER. Is there a utes. support a condition of discharge. The PRESIDING OFFICER. The Sen- sufficient second? We make debt discharge in bank- There appears to be a sufficient sec- ator has 2 minutes. ruptcy conditional upon full payment Mr. BIDEN. Mr. President, I will not ond. of past due child support and alimony. The question is, Shall the joint reso- use all of the time. We make domestic support obliga- We will hear from our friend from lution pass? The clerk will call the roll. tions automatically nondischargeable, The assistant legislative clerk called Massachusetts and others on this floor without the costs of litigation. about how this has harmed women and the roll. We prevent bankruptcy from holding Mr. REID. I announce that the Sen- children in support payments. That is up child custody, visitation, and do- simply, flat out not true. We have im- ator from Vermont (Mr. LEAHY) is nec- mestic violence cases. proved the position of women. We have essarily absent. We help avoid administrative road- The PRESIDING OFFICER (Mr. improved the position of children. We blocks to get kids the support they have improved the position of people CRAPO). Are there any other Senators need. who do not have much money. in the Chamber desiring to vote? Those are some of the things we are We have included a safe harbor provi- The result was announced—yeas 99, doing for women and children in this sion, saying that unless you meet a nays 0, as follows: bankruptcy bill. certain minimum income level, you [Rollcall Vote No. 295 Leg.] There are more improvements over don’t even get considered in this proc- YEAS—99 current law for women and children. We make payment of child support ess. Abraham Chafee L. Frist This is a good bill subject to a lot of Akaka Cleland Gorton arrears a condition of plan confirma- Allard Cochran Graham tion. exaggeration. Ashcroft Collins Gramm We provide better notice and more My good friend from New York had a Baucus Conrad Grams information for easier child support very good provision which I supported Bayh Craig Grassley relating to abortion clinics and bombs. Bennett Crapo Gregg collection. Biden Daschle Hagel We provide help in tracking down There can’t be any intimidation of any Bingaman DeWine Harkin deadbeats. kind. Bond Dodd Hatch We allow for claims against deadbeat You cannot declare bankruptcy in Boxer Domenici Helms Breaux Dorgan Hollings parents’ property. this country under present bankruptcy Brownback Durbin Hutchinson We allow for payment of child sup- law if you engage in activities which Bryan Edwards Hutchison port with interest by those with means. under the FACE Act are prohibited. Bunning Enzi Inhofe We facilitate wage withholding to There is no court in the Nation that Burns Feingold Inouye Byrd Feinstein Jeffords collect child support from deadbeat has said that. People are trying to get Campbell Fitzgerald Johnson parents. out of bankruptcy. They are trying to

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26267 be discharged. But the courts have not That is what this is really all about. move to bring to a close debate on the con- discharged them and will not discharge I hope that at this period in our elec- ference report to accompany H.R. 2415, a bill them. tion process we are not going to be out to enhance security of United States mis- I would like to see the Schumer there trying to shortchange hard-work- sions and personnel overseas, to authorize amendment become law. But, in fact, it appropriations for the Department of State ing families, the children and women for fiscal year 2000, and for other purposes: is not necessary to protect the very in our society, and the consumers of Trent Lott, Chuck Grassley, Jeff Ses- people we want to protect and to hold this Nation. sions, Richard Shelby, Fred Thompson, responsible those who engage in that Mr. WELLSTONE. Mr. President, I Mike Crapo, Phil Gramm, Jon Kyl, Jim kind of activity under the FACE Act. yield 1 minute to Senator SCHUMER and Bunning, Wayne Allard, Thad Cochran, I hope reason will overcome passion. 1 minute to Senator DURBIN. Craig Thomas, Connie Mack, Bill Frist, I hope the truth will overcome exag- The PRESIDING OFFICER. The Sen- Bob Smith of New Hampshire, and geration. But I have been in this insti- ator from New York. Frank Murkowski. tution 28 years and who knows? Mr. SCHUMER. Mr. President, let me The PRESIDING OFFICER. The I yield the floor. make it clear that without the Schu- question is, Is it the sense of the Sen- The PRESIDING OFFICER. The Sen- mer amendment this bill does not help ate that debate on the conference re- ator from Minnesota has 5 minutes. women. It would be the leading dagger port accompanying H.R. 2415 shall be Mr. WELLSTONE. Mr. President, in keeping a woman’s right to choose. brought to a close? being able to file chapter 7 bankruptcy If women support this, why do 16 of The yeas and nays are required under is a major safety net for middle-class, the leading women’s groups sign a let- this rule. low-income families. The clerk will call the roll. I have heard my colleagues on the ter saying vote against the bill without The legislative clerk called the roll. other side speak, but the truth is that the Schumer amendment. Why would Mr. FITZGERALD (when his name every single civil rights organization, we allow those who committed such was called). Present labor organization, consumer organiza- crimes as posting the Nuremberg files Mr. REID. I announce that the Sen- tion, and women’s organization opposes and virtually urging people to harm ator from Vermont (Mr. LEAHY), is nec- this piece of legislation. It goes too far. doctors to escape under the cloak of essarily absent. It is too harsh. It is significantly worse bankruptcy? The PRESIDING OFFICER. Are there from a bill that we once passed that in- We will go back to the days when 80 any other Senators in the Chamber de- deed was much better. percent of the clinics are closed in I have a letter signed by 116 law pro- America and a woman’s right to choose siring to vote? fessors who have said this bill is too is gone. The yeas and nays resulted—yeas 67, harsh and should be defeated. Whatever you feel about the particu- nays 31, as follows: Finally, colleagues, this bill came to lars of the bankruptcy bill—and I agree [Rollcall Vote No. 296 Leg.] the Senate in a State Department em- with the Senator from Massachusetts YEAS—67 bassy conference report which was gut- about that—whether you are pro- Abraham Enzi McConnell ted. This whole process is absolutely choice or pro-life, people ought not Allard Frist Miller outrageous, and Senators who care take the law into their own hands and Ashcroft Gorton Murkowski then hide behind the cloak of bank- Bayh Graham Nickles about this legislative process and this Bennett Gramm ruptcy. Robb institution should vote against cloture. Biden Grams Roberts 1 I yield 1 ⁄2 minutes to my colleague Members must vote no on this bill Bingaman Grassley Roth from Massachusetts. until the Schumer amendment is added Bond Gregg Santorum Breaux Hagel Sessions The PRESIDING OFFICER. The Sen- back. It passed 80–20 originally on this Brownback Hatch Shelby ator from Massachusetts is recognized. floor. Bunning Helms Smith (NH) Mr. KENNEDY. Mr. President, it is Burns Hutchinson The PRESIDING OFFICER. The Sen- Smith (OR) fair in a time such as this to ask who ator from Illinois. Byrd Hutchison Campbell Inhofe Snowe the beneficiaries of this legislation are Mr. DURBIN. This bankruptcy bill Chafee, L. Jeffords Specter going to be and who is going to lose. has been a mangy stray dog that won’t Cleland Johnson Stevens As the Senator from Minnesota get off the back porch. Cochran Kerrey Thomas pointed out, there is not one single or- Let me tell you what is wrong with Collins Kyl Thompson ganization that advocates for children Craig Lincoln Thurmond the bill. Does it improve the position of Crapo Lott Torricelli that supports this legislation. There women and children? Sure, but it also Daschle Lugar Voinovich isn’t a single organization that advo- improves the position of credit card DeWine Mack Warner Domenici McCain cates for women that supports this companies, competing with the women piece of legislation. There is not one and children for limited funds. NAYS—31 organization that represents working Does it close the homestead loop- Akaka Harkin Moynihan men and women that supports this leg- hole? A little bit, but it allows those Baucus Hollings Murray islation. There is not one group rep- Boxer Inouye Reed who are wealthy to find their way Bryan Kennedy resenting consumers that supports this Reid around their legal obligation in Conrad Kerry Rockefeller legislation. bankrupcy. Dodd Kohl Sarbanes It fails the basic and fundamental I have coauthored, cosponsored, and Dorgan Landrieu Schumer test of fairness. Durbin Lautenberg Wellstone voted for bankruptcy reform when it Edwards Levin Wyden There are over 116 bankruptcy ex- was bipartisan and balanced. This bill Feingold Lieberman perts from around the country, rep- is not. This bill was written by a con- Feinstein Mikulski resenting all different views on this, ference committee dominated by one ANSWERED ‘‘PRESENT’’—1 legislation who have basically under- party. It is being shoved down our Fitzgerald scored what I have said. This is written throats. It is time to shove that old NOT VOTING—1 in their letter. They say: dog off the back porch. We write yet again to bring the same mes- The PRESIDING OFFICER. Under Leahy sage: The problems with the bankruptcy bill the previous order, the clerk will re- The PRESIDING OFFICER. On this have not been resolved, particularly those port the motion to invoke cloture on vote, the yeas are 67, the nays are 31, provisions that adversely affect women and the conference report to H.R. 2415. and 1 Senator responded present. children. The legislative clerk read as follows: Three-fifths of the Senators duly cho- Then it continues on page 2. CLOTURE MOTION sen and sworn having voted in the af- Granting women and children a first pri- We the undersigned Senators, in accord- firmative, the motion is agreed to. ority for bankruptcy distribution permits ance with the provisions of rule XXII of the Mr. GRASSLEY. Mr. President, I them to stand first in line to collect nothing. Standing Rules of the Senate, do hereby suggest the absence of a quorum.

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 26268 CONGRESSIONAL RECORD—SENATE December 5, 2000 The PRESIDING OFFICER. The no one was 100-percent happy with it. ing, an additional $1.7 million for NIH clerk will call the roll. For example, I was extremely dis- research—the highest level we have The legislative clerk proceeded to pleased that an important regulation ever given, the biggest increase ever call the roll. protecting workers from workplace in- for funding at the NIH. Mr. HARKIN. Mr. President, I ask juries such as carpal tunnel syndrome I mentioned earlier a record amount unanimous consent that the order for was delayed yet again, for the third for LIHEAP, the Low Income Home En- the quorum call be rescinded. year in a row, despite the fact that last ergy Assistance Program, so that the The PRESIDING OFFICER. Without year’s conference report contained ex- elderly and low income in the north- objection, it is so ordered. plicit language stating it would not be eastern parts of our country can get f delayed any further. Well, Republicans the heat they need this winter. That is what is in the bill. It address- HEALTH AND EDUCATION insisted we try to delay this yet again. Each year, over 600,000 American es the educational needs of our coun- APPROPRIATIONS workers suffer disabling, work-related, try, child care, health care, medical re- Mr. HARKIN. Mr. President, I rise to musculoskeletal disorders. This costs search, and, as I said, things such as continue to address the key pending employers $15 billion to $20 billion a home heating for the elderly and low piece of legislation that has not been year in compensation. It may cost our income. enacted this year. It has been passed by economy upwards of $60 billion annu- Well, each side won some battles; both the House and Senate. In the con- ally. I was especially disappointed be- each side lost some. Isn’t that what ference committee, we finished our cause this so-called ergonomics provi- compromise is about? Isn’t that what work. But it is sort of hanging in sion was a nonpartisan proposal initi- bipartisanship is about, where I don’t limbo. That is the funding bill for Edu- ated under Labor Secretary Elizabeth get my way all the time and you don’t cation, Health and Human Services, Dole, a Republican, in the Bush admin- get your way all the time? Maybe I will other important programs such as the istration 9 years ago. get some of what I want and maybe National Institutes of Health, and, of Yet while I was displeased with this you will get some of what you want. course, the low-income heating energy particular aspect of the bill, I was sat- That is what bipartisanship is about. assistance program which is so vital to isfied that the bill contained important We hear all this talk about bipartisan- many of our low-income and elderly provisions to improve education for our ship. It looks as if next year the Senate citizens who live in the northeastern kids, improve health care for women is going to be right down the middle, part of the United States and in a lot and the elderly, fund needed research 50–50, for the first time ever. If there is of the other northern parts of America. at the NIH, and safeguard Social Secu- ever a time that we need bipartisan- That bill right now is in limbo. We rity and Medicare—provisions that are ship, where we have to mentally under- stand that we Democrats don’t get our passed the appropriations bill in the far too important to be destroyed by way all the time and you Republicans Senate; the House passed the bill. Then last-minute partisan politics. ensued about 4 months of very tough In this bill, we had the highest in- don’t get your way all the time but we negotiations between the House and crease ever in funding for education, work these things out, it is now. That the Senate, culminating in a marathon with 35 percent more funding for class is what we did on this appropriations session that took place one weekend size reduction. It meant 12,000 new bill. As I said, it took us almost 5 months before we left, a couple weeks before teachers would be hired across Amer- of tough negotiations, with strong feel- the election, in which we agreed. When ica. That is what was in the bill. There ings about this. Finally, we shook I say ‘‘we,’’ I mean Chairman STEVENS was school modernization funding that hands and we all signed our names to it of the Appropriations Committee; Sen- would generate about $9 billion in and we walked out of the room. Then, ator BYRD, our ranking member on the needed school repairs to some of our two Republicans on the House side, Mr. full Appropriations Committee; Sen- older schools; $250 million to increase DELAY and Mr. ARMEY, turned thumbs ator SPECTER, who is the chairman of accountability to turn around failing down on it after we had done our work the education appropriations sub- schools; a 40-percent increase in grants to reach a bipartisan agreement. committee; and me. I am the ranking to States for the education of kids with Well, if we are going to set the stage member on the subcommittee. On the disabilities and special needs; the larg- for working closer together next year, House side, we had Chairman YOUNG of est increase we ever gave for IDEA, I suggest we start here and now with Florida, the chairman of the full Ap- from $4.9 billion to $6.9 billion; the the appropriations bill for education. propriations Committee; we had Con- largest increase ever for Pell grants, to We have a bipartisan bill. Republicans gressman PORTER, who is chairman of make college more affordable to work- and Democrats who worked on it for 5 the subcommittee on that side; Con- ing families. That is what was in this months know all the line items that gressman OBEY, ranking member on bill—the largest increase ever for Pell are in it. We all agree that some are the subcommittee, and also ranking grants; the biggest increase for grants progressive, some are conservative, and member of the full Appropriations to States for educating kids with dis- there are moderates—almost the entire Committee. We all agreed. abilities; school modernization, the spectrum of the political ideology was It was a Sunday, and we were there first time ever, which would have fund- involved in this bill. Yet we all agree, until 2 a.m. on Monday morning. We fi- ed about $9 billion in needed school re- except Mr. DELAY and Mr. ARMEY on nally agreed. The negotiations were pairs; 35-percent funding for class size the House side. heated. Many times we were hung up reduction, the most ever. That is just Why should two people in a position on certain things, but in the end we in education. of power be able to tell the entire Con- came up with a good compromise. In child care, again, was a record gress and, in fact, the entire country That was Monday morning. That was amount of money, an additional $817 that we are not going to have this bi- right before we left for the election. million that would have covered 220,000 partisan agreement that we reached, Less than 12 hours later, a faction more children in America to have child on which we worked so hard? Two peo- within the House Republican leader- care; afterschool care, $546 million in ple say that we are not going to have ship, led by Congressman DELAY and this bill, so that 850,000 children in it. Congressman ARMEY, decided to renege America could have some form of after- Congressman YOUNG, with whom I on that bipartisan compromise. We school care. served in the House, has been a distin- were all baffled by this sudden deci- Health care. We added money so that guished House Member for a long time. sion. We spent many late hours com- 1.5 million more patient visits could He and I don’t agree philosophically on promising, negotiating, giving and tak- take place at our community health a lot of things, but we worked it out. ing. centers around America. We put in an Along with Congressman OBEY, Sen- I think we came to an honorable, mu- additional $18 million for breast and ator STEVENS, and Senator BYRD, we tually satisfactory agreement. Again, cervical cancer treatment and screen- worked these things out.

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26269 So I hope we can tell the American be funded could be the one key that un- worked out in conference committee, people on the crucial issues of edu- locked the door to which we could find and agreed to by Republicans and by cation, health care, and child care, yes, interventions and a cure for Parkin- Democrats. Are we going to say that we got the message from this election. son’s disease. It could be one of those two people in the majority party in the Let’s work in a bipartisan way, just as 4,500. But it won’t be funded if we don’t House are able to say they don’t like we did on this bill, and let’s send this pass this bill. That is what is at stake. it? Is that what bipartisanship is going bill down to the President for his sig- These are the things that won’t be to be about around here—that we can nature. funded: Research to develop drugs to all work in a bipartisan fashion but Some are now suggesting, I hear, prevent Alzheimer’s disease, clinical when it gets to the higher echelon of that we adopt a full year’s continuing trial efforts on childhood cancer, pros- leadership in the House, they don’t like resolution, that we disband all of the tate cancer, breast cancer, childhood it and they can operate by themselves? work we did on this bill and just go to diabetes, and HIV. They are just a few Is that what bipartisanship means? I a full year’s continuing resolution. Not of the things that would be cut back. A don’t think that is what the American only would that be an abdication of our full year’s continuing resolution would people think bipartisanship means. responsibility and send exactly the cut NIH research by 47 percent. Forty- I believe the American people believe wrong message, but it would be exactly five hundred new research project bipartisanship is exactly what we did the wrong start for the next 2 years of grants would not be funded. on the education bill. We worked hard an evenly divided Senate and a closely I wanted to take this time because on it and lost. We negotiated. We sat divided House. As I said, it would this is our first day back. We were back and we sat and we talked and talked. throw out one of the best examples of once since the election, but this is the We left and came back. bipartisan cooperation that we were first time we have been back to really We finally worked it out—not to my able to muster this year. Even worse, a get some legislative work done. satisfaction, not to the satisfaction, I full year’s continuing resolution would The Christmas season is about upon am sure, of Senator SPECTER, and not be a step backward for the education of us. People will be anxious to get out of to the satisfaction, I am sure, of any our kids and the health care available here and get home to spend time with one of us. to all Americans. If we had a con- their families and constituents. But we We all had different ideas of what tinuing resolution, it would wipe out can’t shortchange the American peo- should be in it, but we all gave a little all the gains I spoke of, including class ple. bit. In giving a little bit, we were able size reduction, Head Start, and breast Are we going to shortchange our to get a bipartisan bill. and cervical cancer treatment and kids? Are we going to say to the teach- I say to my friends on the Republican screening. ers across America that we are not side—I shouldn’t say it here; we had I have a chart which shows one of the going to reduce class size? Are we agreement in the Senate. I would be things that would happen if we do not going to say to our property taxpayers preaching to the choir. But I say to my adopt the appropriations bill on edu- around the country that we are not Republican friends on the House side cation and health. going to help them rebuild their crum- that if you really want to show the As I said, we have the largest in- bling schools; that they will have to American people that we can work in a crease ever for NIH funding. Why did take it out of their property taxes? bipartisan spirit, this is the chance to we do that? We did that because this Are we going to say to families hard show it—with the education bill. Congress a few years ago voted over- pressed, who need school care for their What a great Christmas gift this whelmingly that we were going to dou- kids and who may live in a place where would be to the hard-working families ble the funding in 5 years for the NIH. they really need some afterschool care, of America, to our kids, and to the Republicans voted for it and Democrats that we are not going to fund that ei- teachers. What a great Christmas gift voted for it. ther? this would be to millions of Americans Both Senator SPECTER and I took What about a working family that who are suffering from debilitating ill- that charge. We have been adding that has a few kids and one of them is doing nesses such as Parkinson’s, spinal cord money to double that. This year we well in school and wants to go on to injuries, diabetes, AIDS, and cancer. have a $1.7 billion increase for NIH college but they can’t afford it? They What a great Christmas gift it would funding to get it up to double. need a Pell grant. Yet we are not going be to them to say we are not going to That increase means that under the to give the additional money for the back down and that we are going to current bill about which I am speaking Pell grants. fund the National Institutes of Health; we will be able to fund 9,500 new re- What about our school systems that we are going to put the money into search project grants over and above are hard pressed around this Nation be- this basic research to find the cures what we have had in the past. cause more and more of the burden of that we know are there. If we have just a continuing resolu- educating kids with special needs is I think that is the Christmas present tion, we will be able to fund only 5,000, falling upon our local property tax- Congress ought to give to the Amer- and 4,500 new research grants will not payers and they are finding it more and ican people. be funded next year if we don’t get this more difficult to meet their constitu- I am hopeful that before this week is bill to the President and have just a tional requirements of equal education out cooler heads will prevail and that continuing resolution. for kids with disabilities but they we will take this bipartisan bill on edu- What does that mean? It means aren’t able to fund it because the prop- cation and health and send it down to things such as Alzheimer’s disease, erty taxpayers are overburdened as it the President, who has indicated that child cancer, prostate cancer, breast is? he would indeed sign it. That would be cancer, childhood diabetes, HIV, Par- We have a 40-percent increase in this the best Christmas present we could kinson’s disease, cerebral palsy—I have bill to help our local schools make sure give to the American people. a whole list. I will not read the whole they can meet their constitutional ob- Mr. President, I yield the floor. I sug- list—all of the things that we are very ligation to educate kids with disabil- gest the absence of a quorum. close to making breakthroughs on— ities. We have a continuing resolution, The PRESIDING OFFICER (Mr. spinal cord injury is another one—and and there that goes. ABRAHAM). The clerk will call the roll. are very close to making tremendous I think the election is very clear. The legislative clerk proceeded to breakthroughs with the new tools that People in America want us to operate call the roll. we have—the human genome project is in a bipartisan fashion. This is the op- f being finished; stem cell research is portunity for us to show them that we being done. We are close to making tre- mean it. PARK RINARD MEMORIAL mendous breakthroughs. Who knows? We have a bipartisan bill passed by Mr. HARKIN. I should like to take a One of these 4,500 grants that wouldn’t the Senate, passed by the House, few moments today to honor the life of

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 26270 CONGRESSIONAL RECORD—SENATE December 5, 2000 a great Iowan and a great American— mission, and appoint the first black Park was fundamentally humble. He a man who dedicated many years of his state judge in Iowa. He worked to spent a lot of time among giants—Gov- life in service to the people of Iowa and grant home rule for cities, increase ernors, Presidential candidates, great our nation—our friend Park Rinard. spending for schools, and abolish the political leaders—but his ego never It’s been said that on the day John F. death penalty. And he successfully con- swelled to match. Park believed, as the Kennedy died, a tailor in New York put vinced Governor Hughes to oppose the saying goes, that ‘‘you don’t have to be a sign on the door of his shop that read, Vietnam war. These achievements were who’s who to know what’s what.’’ ‘‘Closed Due to a Death in the Fam- Park’s proudest legacies, and some of He was as comfortable lending a hand ily.’’ his most enduring. to a lost tourist, saying a kind word to Well, that’s how I felt when I heard But Park also had a vision for Amer- a new intern, or shooting the breeze that Park had passed away, like we had ica—a vision which he spent the re- with a cafeteria employee as he was had a death in our family. mainder of his career fighting for in chewing out a Senator whom he felt Unfortunately, I was unable to at- Congress. He believed deeply in expand- had gone awry. There were no small tend Park’s funeral. It was held during ing women’s rights, and he was a people with Park Rinard. the week before election day, and I had strong supporter of the equal rights All people mattered to Park—and his committed to campaign for AL GORE amendment long before it penetrated family mattered most of all. He was a and other Democratic candidates in the popular consciousness. He also devoted husband to his wife Phyllis, a Iowa. spoke passionately about ending dis- proud father to his children Judy, I felt awful that I would be missing crimination against gay Americans, David and Grant, and a doting grand- the service, and I thought about taking long before many others. father to his grandson David Bayard. the day off to attend it. But make no mistake about it, Park Their generosity in sharing him is ap- But then it occurred to me—by hit- wasn’t a knee-jerk liberal, not by a preciated by all of us enriched by his ting the road and working to get good long shot. He just believed in a funda- life. Iowa Democrats elected, I was paying mental, basic, golden rule kind of fair- The poet Henry Wadsworth Long- my respects just the way Park would ness. That was his moral compass, and fellow once wrote that ‘‘Lives of great have wanted. he steadfastly followed where it led. It men all remind us we can make our Park Rinard was a legend in Iowa is therefore unsurprising that Park had lives sublime, and, departing, leave be- Democratic politics. He began his po- such disdain for polls and focus groups. hind us footprints on the sands of litical career back in 1957 as an aide to For Park, politics wasn’t about pan- time.’’ Park was a great man. And he Governor Herschel Loveless. dering and spin, it was about leader- left lasting footprints on the political He then befriended a rough-hewn, ship and telling the truth. landscape of Iowa and America. young, Iowa truck driver who had a And tell the truth he did. No matter Today, in part because of the founda- beef with the state’s trucking policies. whom he was speaking with, Park tion he laid, Iowa leads the nation in Park persuaded this disgruntled fel- Rinard did not mince words. He was education and literacy, and it’s ranked low—a man by the name of Harold once asked by a hostile audience how as one of the top ten states to raise a Hughes—to join the Democratic party his boss could even consider supporting child. And today, because of the dia- and run for office. The rest, as they food stamps for union strikers. Park logues he helped begin, the idea of ban- say, is history, and Hughes later re- simply replied, ‘‘hungry people are ning discrimination against women and ferred to Park as his tutor in govern- hungry people.’’ minorities or passing hate crimes laws ment. A gifted speechwriter, Park wielded no longer seems novel, but natural. Park went on to advise Senator John the written word as forcefully as the These are Park Rinard’s footprints— Culver, Congressman Neal Smith, and spoken. He spent hours pecking away echoes from a golden time in our his- many others who have made their at his old manual typewriter, mas- tory when this slight, softspoken man mark on our Nation. saging policy into poetry often fin- made it his mission to create a more Mr. President, when I think back on ishing a speech at the last possible mo- humane world for the most vulnerable Park’s career, I’m reminded of some- ment, sometimes just minutes before among us. thing that Adlai Stevenson once said: his boss was scheduled to deliver it. With his words and ideas, both writ- ‘‘Every age needs men who will redeem Park never hesitated to use his gift ten and spoken, Park Rinard appealed the time by living with a vision of for strong language to stand up to his to the best in those he worked for and things that are to be.’’ That’s a perfect bosses—some of whom were nearly stood for nothing less. description of Park Rinard. twice his size—when he thought they We are lucky that so many great men Like my hero, Hubert Humphrey, were wrong. and women heeded his call and made Park believed that ‘‘. . . the moral test Park once told a fellow staffer, ‘‘Re- good on his dreams. of government is how that government member, you might work for one par- I ask unanimous consent to have treats those who are in the dawn of ticular Senator, but your paycheck is printed in the RECORD a copy of the eu- life, the children; those who are in the from the Senate of the United States, logy read by Senator John Culver at twilight of life, the elderly; and those and every employee of the Senate Park Rinard’s funeral. who are in the shadows of life—the works for the people of America.’’ That There being no objection, the mate- sick, the needy . . .’’ And Park had a was Park’s ultimate loyalty—to the rial was ordered to be printed in the vision of government big enough and people his bosses served. When Park RECORD, as follows: bold enough to encompass all of them. stood up to his bosses, he was standing EULOGY FOR PARK RINARD He envisioned a government that up for the American people. (By John C. Culver, November 3, 2000) trusted citizens—that believed in their And perhaps most extraordinary in I am very honored that the family has strength and capacity to learn, work this city that’s seen its share of egos asked me to say a few words today in mem- and serve a government that would in- and ambition is that Park worked his ory of Park and in celebration of his remark- vest in people and leave the potential magic entirely behind the scenes, able life. He dearly loved his wife Phyllis for of no citizen untapped. Through his happy to slip through back doors and fifty-five years and deeply revered her work with Governor Hughes, Park pound out details in back rooms. Park knowledge of and passion for the arts. He transformed that vision into the wave felt that, as Ralph Waldo Emerson once took great pride in daughter Judy’s work at of progressive legislation that charac- noted, ‘‘There is no limit to what can the National Geographic and Smithsonian as terized the ‘‘Golden Age’’ of Iowa poli- be accomplished if it doesn’t matter a writer, and, of course, his grandson David Bayard. Son Jeff’s career at the Library of tics. who gets the credit.’’ He never cared Congress and the Smithsonian gave him During these years, Park helped es- who got the applause and the pat on enormous satisfaction. Park and Phyllis’ de- tablish Iowa’s community college sys- the back for his own hard work. He just votion to their son Grant during his life was tem, create the Iowa Civil Rights Com- cared about doing right. inspiring to all.

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26271 On behalf of everyone here, I want to sin- sponsoring on Vietnam. Park immediately ‘‘clear as the noon whistle at Ida Grove.’’ cerely thank the Rinard family for sharing called them and ordered them to bring a These phrases all slipped easily into his own Park who so greatly enriched each of our large bundle of New York Times newspapers speech patterns and the language he crafted lives. with them. Thanks to Park, Ann did not lose for those in public life. Senator Harold Hughes once described a single sale that day! Many of us here today recall Park, smok- Park Rinard as ‘‘a quiet, peaceful man with Park loved to play tennis and he enjoyed ing his pipe, while hunched over his ancient a core of steel and a ‘‘heart of gold.’’ He also cooking but his real passion was his garden. Olympia typewriter pecking out those many said, ‘‘Park was the toughest man he ever He was particularly proud of his blueberries speeches. Park was a most gifted writer. met.’’ and would bring boxes of them into the office However, unlike Federal Express he was re- When he worked for us Harold Hughes and and the staff would eat them out of paper luctant to guarantee a precise arrival time I were both over 6′2″ tall and unfortunately cups on their desks during the day. One day for the finished speech draft. On more than usually over 250 lbs. It was also falsely ru- Ed Campbell got a call from the Fairfax Hos- one occasion, this led to serious staff anxiety mored that on occasion we could be some- pital that Park would be late to work be- and a near nervous breakdown for the person what intimidating. Harold and I had one cause he had been in an automobile accident. expected to deliver the prepared remarks at other thing in common. We were both scared Ed rushed to the hospital where he found a particular event. to death of Park—who was only half our size. Park with a gash over his eye. Park ex- In 1968 at the Democratic National Conven- I am convinced that what we respected was plained that a newspaper flew onto his wind- tion in Chicago Harold Hughes was to place Parks’ integrity and what we feared was that shield and blinded him and his car hit a tele- Eugene McCarthy’s name in nomination. we would fail to live up to his expectations. phone pole. Ed said, ‘‘Park’s only concern Park was in a Des Moines Hotel room where Park believed that being a good politician was that he could not deliver his prized blue- he was supposed to be writing Hughes’ required one to lead and educate public opin- berries and tomatoes to the office as they speech. Ed Campbell called Park and told ion and not just to reflect it. Park always were now splattered all over the interior of him to put the speech on a plane. This was a said that one of his primary responsibilities his car.’’ time, of course, which predated the era of fax was to tell the elected officials he served One of the worst-kept secrets in the 1960’s machines and e-mail. As zero hour ap- what they didn’t want to hear. Theoretically was that Park was Governor Hughes’ right proached, Hughes asked Ed ‘‘Where the hell I agreed with him. However, there were hand man, even through he held no official is the speech?’’ Ed called Park. Park said times, I have to confess, that I found his zeal portfolio in state government, and was actu- ‘‘he was working on it and would send it by in carrying out this duty a bit excessive. But ally working with the Iowa League of Mu- Western Union.’’ Ed frantically got a room certainly his good judgment and candor nicipalities. Park operated not from a desk beneath the podium and with a technician served me well as I know it did Hershel Love- at the state House but downtown from a arranged to have the speech pages put on a less, Harold Hughes, Bonnie Campbell, Neal booth in King Ying Low’s restaurant. The es- teleprompter as they arrived over the wire. Smith and countless others both in and out tablishment didn’t have a liquor license. Hughes was called to the Convention podium of public office. Whenever I occasionally joined Park there with no text and had to ad lib his opening be- As many of you know, Park had been sec- for lunch, the proprietor, Park’s close Chi- fore the first page arrived and was put on the retary, friend, and companion to Iowa artist nese American friend, Louie Lejon, would in- teleprompter. Hughes literally gave the Grant Wood, who reportedly Latinized his quire, ‘‘Mr. Rinard, your usual?’’ Park would speech in Chicago while Park wrote it in Des name and called him Parkus. Several origi- respond, ‘‘That would be fine.’’ I noticed that Moines. At what appeared to be the conclu- nal Wood paintings graced Park’s small of- Park’s ‘‘usual’’ somehow never smelled quite sion Hughes turned to Ed and, putting his fice in Capitol Hill. like the tea the rest of us were drinking out hand over the mike, asked in a stage whis- Among the many roles Park played for of our tea cups. When Park agreed to join me per, ‘‘Is that the end?’’ It was, and Gene Wood was to model for some of his paintings. in the Senate, I inherited what was undoubt- McCarthy’s name was thereby officially Apparently, on one occasion, he actually edly the largest Asian immigration caseload placed in nomination as the Democratic posed as George Washington. Now Park was in the U.S. Congress. There must have been Party candidate for President of the United a wonderful man and Grant Wood was a bril- at least 550 Chinese immigrants certified to States. liant artist. But somehow that particular work in King Ying Low’s Des Moines res- I know Park was not pleased with the con- collaboration never survived to replace Gil- taurant during my Senate term alone. dition of American Politics in recent years bert Stuart’s famous portrait of the Nation’s Park Rinard was the intellectual god-fa- where mechanics have overwhelmed the first President. ther of Iowa’s progressive agenda for a half- issues. Park thought the dialogue had grown Park was responsible for the trans- century, and those years with Governor sterile and he had little interest in pollsters formation of Grant Wood from a shy indi- Hughes were really the ‘‘Golden Age.’’ It was and consultants. However, he had an abiding vidual, who avoided public speaking, into the a time when: Community colleges were es- faith in democracy and believed that politi- national spokesman for Regionalism as a sig- tablished; the Iowa Civil Rights Commission cians who speak to the best in their con- nificant American Art Movement. When created; home rule for cities granted; state stituencies will draw it out. He did his best Grant Wood died, Park was there. He prom- spending for schools, prisons, and welfare in- to make sure that we office holders did just ised Wood that he would look after Grant’s creased; the first black state judge ap- that. sister, Nan, which he did for the rest of her pointed; and the death penalty abolished. Whatever Governor Herschel Loveless, life. Nan’s last conversation with Park was It is worthy of note that Iowa’s State Gov- Governor and Senator Harold Hughes, Attor- when he called to tell her that the U.S. Post- ernment has not taken the life of even one ney General Bonnie Campbell, Congressman master General had approved use of a Grant person since Park involved himself in Iowa Neal Smith and I were able to collectively Wood painting for a postage stamp. The politics. contribute in our public service careers was, image of the stamp was Young Corn and Decades later Park remained at the fore- in no small park, made possible because of Park said, ‘‘The painting represented Iowa as front of enlightened political thinking. He Park Rinard. Park was truly an ‘‘Iowa Origi- a state that nurtures its young people that strongly advocated an Equal Rights Amend- nal.’’ He uniquely sensed the soul of the they may grow to their full potential.’’ ment to the Constitution for women. He sur- state he selflessly served and loved for a life Park was a beloved figure because he treat- prised younger members of my Senate staff time. His legacy will endure for generations ed everyone—regardless of their status in over 20 years ago by accurately predicting and Iowans will enjoy more opportunities life—with genuine warmth and kindness. that the next significant civil rights chal- and have a better life because of Park Once in a while, I couldn’t find him, and lenge would be to overcome discrimination Rinard. What greater reward does life afford? someone would track him down in the Sen- against gay Americans. ate office basement, where he was providing Bonnie Campbell once remarked that Park f personal counseling to one of the cafeteria was so completely centered and certain in workers. His son Jeff reminded him that his his liberalism that he knew instantly the SENATOR RICHARD BRYAN supportive advice, was often, ‘‘Don’t lose proper position on an issue because of his your nerve.’’ ‘‘fundamental sense of fairness,’’ while the Mr. HARKIN. Mr. President, Senator Over the years, Park befriended an elderly rest of us had to at least think about it. DICK BRYAN is one of few people who woman named Ann, who operated a small Growing up in Northern Iowa over four has served in this Chamber who has lit- newsstand where he would buy his news- score years ago Park acquired values he erally devoted nearly his entire life to papers each evening. One day Ann was upset would never abandon: common sense, co- serving the people of his state and na- because she had not received her New York operation, love of the land, sincerity, com- tion. Times delivery. Park was distressed because passion, civility and justice. this would be a significant economic blow to These values formed the underpinning of Senator BRYAN’s distinguished career her modest income. A group of wealthy N.Y. his political philosophy: phrases like ‘‘the started the day he took the oath of of- businessmen were coming that day to Wash- milk of human kindness,’’ ‘‘the least of fice as president of his 8th grade class ington to attend a conference Hughes was these’’ and describing something as being at John S. Park Elementary School. It

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 26272 CONGRESSIONAL RECORD—SENATE December 5, 2000 continued when he took office as presi- More, was chair of the Democratic far before you see a building that Sen- dent of his sophomore and senior class- State Party in Iowa and headed up ator MOYNIHAN helped to build or pre- es at Las Vegas High School and stu- Truman’s efforts in 1948. serve. From the Old Patent Office dent body president at the University But, no matter what his current which now hosts two Smithsonian mu- of Nevada-Reno. plans are, I have a sneaking suspicion seums, to the Old Post Office, to the After graduating from law school, he that Senator BRYAN isn’t going to stop Old Pension Building, which is now the served as deputy district attorney in serving his State and his country for a National Building Museum, and many Clark County and was then appointed long time to come. He has done it hon- more. as Clark County’s first public defender orably since he was a boy, and he still The Senate will sorely miss its resi- at age 28. He did two terms in the Ne- has a tremendous amount to offer. dent scholar. Senator MOYNIHAN com- vada State Assembly. Two terms in the f bined a mind for philosophy, an eye for Nevada State Senate. A term as Attor- beauty, and a heart for service. And SENATOR DANIEL PATRICK ney General. Two terms as Nevada this city, the State of New York, and MOYNIHAN Governor. And he’s now done two terms our Nation are the better for his sen- in the United States Senate. Mr. HARKIN. Mr. President, Senator sitive and dedicated work. He is the only Nevadan ever to have DANIEL PATRICK MOYNIHAN is the kind Mr. President, I yield the floor and served as his state’s Attorney General, of scholar-public servant our founding suggest the absence of a quorum. Governor, and United States Senator. fathers envisioned when they designed The PRESIDING OFFICER. The He’s also one of few, if any, Senators our great government. Senator MOY- clerk will call the roll. who’ve managed to pull an extraor- NIHAN has a keen intellect and a kind The assistant legislative clerk pro- dinary triple play and serve on the heart, and his distinguished career is a ceeded to call the roll. three major fiscal committees—Fi- testament to the power of this com- The PRESIDING OFFICER. In my nance, Commerce, and Banking. bination. capacity as a Senator from the State of And he’s used these positions to fight Senator MOYNIHAN began serving this Michigan, I ask unanimous consent harder than just about anyone else country just one year after he grad- that the order for the quorum call be here to protect American consumers. uated from high school. He enrolled in rescinded. As former member of the Consumer the United States Navy from 1944–1947 Without objection, it is so ordered. Affairs Subcommittee, he passed an and served in the Naval Reserve for 20 f amendment requiring the installation years. UNANIMOUS CONSENT AGREE- of passenger side air bags in all cars After receiving his BA, MA and PhD, MENT—CONFERENCE REPORT TO sold in America. Over the years, this he went on to serve in the administra- ACCOMPANY H.R. 2415 piece of legislation has saved hundreds tions of Presidents Kennedy, Johnson, The PRESIDING OFFICER. In my of lives. Nixon, and Ford. In fact, he is the only capacity as a Senator from the State of Senator BRYAN was also one of the person in American history to have Michigan, I ask unanimous consent early leaders on privacy issues in this ever served in the Cabinet or subcabi- that at 11 a.m. on Wednesday, the Sen- Congress. He led the charge to enact net of four successive presidential ad- ate resume postcloture debate regard- the Children’s Online Privacy Protec- ministrations. ing the bankruptcy bill and there be 6 tion Act—the first ever federal Inter- He served as U.S. Ambassador to hours for debate postcloture to be net privacy protection legislation. He India from 1973–1975, U.S. Representa- equally divided between the chairman has also been leading the fight to add tive to the United Nations from 1975– and the ranking minority member, or new privacy regulations into the bank- 1976, and he represented the United their designees. ing industry. States as President of the United Na- I further ask unanimous consent that In addition, Senator BRYAN authored tional Security Council in 1976. at 2 p.m. on Thursday, the Senate pro- laws to reduce telemarketing fraud and He has authored or edited 18 books on ceed immediately to up to 30 minutes to give consumers new rights in com- topics ranging from the Reagan era to of debate for each of the following Sen- bating errors on personal credit re- the American family to poverty to eth- ators: HATCH, GRASSLEY, WELLSTONE, ports. He passed the PMI legislation nicity to the practice of government. and LEAHY, and following that time, at which protects people from having to And he has received 62 honorary de- 4 p.m. on Thursday, the Senate proceed pay hundreds, sometimes thousands of grees. to a vote on adoption of the conference dollars to private mortgage insurance Senator MOYNIHAN’s list of legisla- report, notwithstanding rule XXII, any lenders once they have enough equity tive accomplishments is no less im- intervening motion, action or debate, in their homes. And he was one of the pressive. He produced the Intermodal and that paragraph 4 of rule XII be lead sponsors of Airline Passenger Bill Surface Transportation Efficiency Act of 1991 and the Transportation Equity waived. of Rights. Without objection, it is so ordered. Along with Senator MCCAIN, he Act for the 21st Century which pro- In my capacity as a Senator from the passed important boxing reform bills to vided money and incentives for States State of Michigan, I suggest the ab- protect the health and safety of boxers to build mass transit systems. sence of a quorum. The clerk will call He has done outstanding work on and to maintain the integrity of the the roll. sport. cleaning up our environment through The assistant legislative clerk pro- And finally, he has worked tirelessly his legislation to clean up nuclear ceeded to call the roll. to protect his constituents from nu- waste and toxic sites and to control Mr. ALLARD. Mr. President, I ask clear waste dumping in Nevada. acid rain. unanimous consent that the order for The one consolation I take when I He has also been a leader in trans- the quorum call be rescinded. think about him retiring from the Sen- forming our social welfare system. His The PRESIDING OFFICER. Without ate is that he’ll finally get to spend 1988 Family Support Act began the objection, it is so ordered. more time with his terrific wife, process of changing the AFDC program f Bonnie. I’m hopeful that the two of from an income security program to them will set aside some time to come one which helps individuals secure em- MORNING BUSINESS out and visit me in Iowa, especially ployment. He has also sponsored a bill Mr. ALLARD. Mr. President, I ask since Senator BRYAN actually has roots to improve the Social Security Admin- unanimous consent that the Senate in my home state. His father, Oscar istration and to keep Social Security now be in a period of morning business Bryan, was born in Des Moines. And solvent for the future. with Senators speaking for up to 10 Senator BRYAN’s uncle by marriage, And if you take a walk around this minutes each. Keith More, practiced law in Harlan, city—or any number of other American The PRESIDING OFFICER. Without Iowa for years. Keith’s brother, Jack cities for that matter—you won’t get objection, it is so ordered.

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(The remarks of Mr. ALLARD per- state and local organizations to tackle ants. He has not one, but two historic taining to the introduction of S. 3274 an issue and provide them the re- laws that bear his name—the Roth– are located in today’s RECORD under sources to do so, each in its own way, Kemp tax cut of the 1980s, and of ‘‘Statements on Introduced Bills and they can be more successful in their course, the Roth I.R.A. Joint Resolutions.’’) grassroots efforts than a large Federal On foreign affairs, Senator ROTH is f program would be. People like those an internationalist. He has met with working at Grand Futures live in the and is respected by more world leaders DRUG FREE COMMUNITIES ACT community, and they understand the than most U.S. Presidents. There is no SUCCESSES IN COLORADO local environment and the potential doubt in my mind that without BILL Mr. CAMPBELL. Mr. President, I constraints that an outsider may not. ROTH, we would not have NATO en- would like to take a minute to call my This can be something as simple as largement or Normal Permanent Trade colleagues’ attention to a conference knowing what the local past time is for Relations with China. He is the former which is convening this week here in teens. President of the North Atlantic Assem- Washington, DC. The Community Anti- The Drug Free Communities Act bly—which is a parliamentary arm of Drug Coalitions of America is spon- demonstrates that groups like Grand NATO—and served as co-chair with me soring its National Leadership Forum Futures are well suited to tackle the of the Senate NATO Observer Group. XI from December 6–8, 2000. The Na- drug problem with locally-based solu- As a staunch believer in strong secu- tional Leadership Forum is the largest tions tailored to address the commu- rity alliances in not only Europe, but meeting of grassroots and professional nity’s unique situation. I would en- also Asia, he helped lead the effort for community coalition leaders in the courage my colleagues to look into NATO enlargement and currently country. CADCA expects approxi- their Drug Free Communities Act re- serves on the boards for the Center for mately 1500 participants to participate cipients in their own state. I think Strategic and International Studies in the Forum this year to network and that they will find dedicated, hard- and the Board of the Pan-Pacific Asso- learn about the most innovative pro- working organizations that are achiev- ciation. He also is active in the Asia grams, products and services working ing success and deserve their support. Pacific Parliamentary Forum. Beside the international and finan- to reduce youth substance abuse in f communities across the country. cial arenas, Senator ROTH has made his As the chairman of the Treasury and HONORING WILLIAM V. ROTH, JR. mark on environmental issues as well. General Government Subcommittee, I Mr. BIDEN. Mr. President, I rise He is a recipient of the Wilderness So- have a keen interest in these programs today to honor our respected colleague, ciety’s prestigious ‘‘Ansel Adams’’ which receive support through the my friend, and a true gentleman of the Award for his work to protect pristine Drug Free Communities Act under the United States Senate—BILL ROTH. lands, such as the coastal plain of Alas- Treasury subcommittee’s jurisdiction. I have had the honor to serve side-by- ka—fighting many in his own party The Drug Free Communities Act has side with the senior senator from Dela- who want to open up that national seen some great successes. This pro- ware for nearly 28 years. Never once treasure to oil exploration. The breadth of BILL ROTH’s contribu- gram is funded at $40 million for fiscal have any of you nor anyone in our tions to this nation seem to be without year 2001, which is $5 million more home State of Delaware—ever heard limits. He understands how govern- than the administration requested. me say an ill, unkind or negative word ment works and when it doesn’t serve This program provides small grants to about him. And I might add —nor he of the public the way it should, he’s non-profit organizations that are try- me. In my case, there is a good reason stepped forward to fix things. Whether ing to curb the impact of drugs in our for this. He has never given me cause it’s general government restructuring, communities. to say anything negative. overhauling the IRS to end taxpayer One good example is in my own state I, personally, and my state collec- abuses, or reforming the welfare sys- of Colorado. The Drug Free Community tively—genuinely respect and like BILL tem, he has left his mark. And when grant recipient is called Grand Fu- ROTH. He is a true gentleman—with all Amtrak needed critical support to ad- tures. This non-profit organization has the politeness, honesty and integrity vance to high speed rail, he cham- that word connotes. implemented a program that attempts pioned the act to commit more than $2 Personally, I will greatly miss his to directly influence the social behav- billion for capital improvements. iors that tend to lead to drug use. The companionship and friendship. We have With all his distinguished awards and basic premise is, if you can influence racked up more miles on Amtrak be- landmark legislation, BILL ROTH also is those activities that lead to or are re- tween Wilmington and Washington part of the so-called ‘‘Greatest Genera- lated to drug use, you can impact the than probably anyone in history! On tion,’’ serving our country in World incidence of drug use itself. our train rides, we would often talk War II. He rose to the rank of captain Grand Futures, which receives fund- about how we could best work together and earned the Bronze Star for his ing under the Drug Free Communities on a project for Delaware. And we service in the Pacific. Act, conducts tobacco and alcohol would discuss pressing legislative busi- Like his war service, there is much stings. In addition, Grand Futures also ness. But we’d also talk about family Senator ROTH does in Delaware for works with local businesses regarding and children and grandchildren. which he never seeks headlines nor employee alcohol consumption during BILL ROTH has served Delawareans credit. Every year, for the past 30 working hours and conducts outreach with great distinction for 34 years. years, he has hosted and organized a efforts regarding patrons’ drinking and Since 1970, he has served in the Senate, Youth Conference for high school stu- driving behavior. and before that, four years in the U.S. dents throughout the State. This is an As a result of their work, Grand, House of Representatives. BILL ROTH is enormous undertaking to coordinate— Moffat and Routt counties in Colorado, a living legend in Delaware. In a sen- involving high school principals, teach- the area which Grand Futures admin- tence—he is the longest-serving elected ers, students and well-known keynote isters, has shown a significant drop in official in the history of Delaware. speakers. He has done it all solely for adult and juvenile violations of the And he has made his name known the kids. I am certain many of those state’s liquor laws. For that same time across this country, and throughout students over the years are now serv- and location, this area also experienced the world. ing as leaders in our businesses, non- a corresponding decrease in adult and Think about the men and women who profit organizations, and some even juvenile drug violations. have served in the United States Sen- hold public office now themselves. I think you can see that if we focus ate—the true giants. Only a handful I realize it’s rare, and somewhat awk- on the contributing factors of drug use, have programs or laws named after ward, for one member of this body to we can have an impact. Also, it dem- them and for which they will forever be stand up and so publicly honor his fel- onstrates that when you allow the known. BILL ROTH is one of those gi- low, distinguished Senator. But BILL

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ROTH deserves that and much more. more than sixty years. After ten hours ing to the December 1996 Driver Fa- Senator ROTH has been a friend, part- driving, a driver may not drive for tigue and Alertness Study commis- ner and confidant to me over the years. eight hours. A driver may not drive sioned by the Federal Highway Admin- Delawareans also will miss the pleas- more than seventy hours in eight days. istration, the two most important fac- ant, extremely competent and caring Supposedly the non-driving time is in- tors in driver fatigue are time of day service of Senator ROTH’s staff. From tended to provide opportunity for sleep and the amount and quality of sleep re- veterans to members of the business and other necessary activities. How- ceived. community—from seniors to school ever, long-haul drivers may end a ten- At the Stanford Sleep Center, drivers students—from the fire service to the hour driving period at a time of day from two trucking companies were armed forces—from the City of Wil- when their physiological alerting sys- screened, treated for sleep disorders mington to the beach communities— tem, or body clock, will not permit and trained in how to recognize sleep Senator ROTH and his staff were highly sleep. At the end of the non-driving pe- debt and fatigue and what to do about regarded for their friendly, responsive riod they may be tired but may legally it. On October 18, 2000, Dr. Dement an- and highly-professional constituent drive. In many instances, they must nounced the results of that feasibility services. drive fatigued in order to make timely study involving nine drivers from Dart And I know that beyond all his legis- delivery. There is consensus in the sci- Transit, of Eagan, Minnesota, and Star lative accomplishments, Senator ROTH entific community that any system of Transport, of Morton, Illinois. The is most proud of his wife of 35 years— prescriptive hours of service regulation drivers spent two separate sessions of The Honorable Jane Richards Roth— will result in drivers occasionally three days each at the sleep research his son Bud who is an attorney in Dela- being prohibited from driving when facility at Stanford. Dr. Dement’s find- ware—his daughter, Katy who is a phy- they are alert and compelled to drive ings are that effective training will sician—and his two grandsons, Bobby when they are tired. cause behavior change and fatigue and Charlie. It has come to my attention that a avoidance. This body is losing more than a pow- logical and creative alternative is at The next step is to develop a pilot erful Committee chairman, who used hand. One that offers the promise of program, which the Federal Motor Car- that power wisely, judicially and com- not only improved highway truck safe- rier Safety Administration, FMCSA, passionately. The United States Senate ty, but improvement in the life-styles will be asked to undertake. FMCSA is losing a genuine gentleman. He has of the participants—the truck drivers— possesses the authority to conduct served the citizens of Delaware with and in the efficiencies of the companies such a pilot program. It will be con- honor and integrity for nearly 34 years. who employ them. The alternative is in ducted under strictly controlled ex- Our State, our country and the United managing fatigue. emptions to hours of service regula- States Senate are so much better for The problem of operator inattention tions. his service. related to sleep deprivation has been I am told that Clyde Hart, Acting Ad- The British statesman and philoso- the subject of medical, scientific and ministrator of FMCSA, believes the pher, Edmund Burke, said in a speech regulatory inquiry for many years. It idea has merit and is willing to enter- at Bristol: is the consensus of the medical and sci- tain a pilot program proposal. The pro- The worthy gentleman who has been entific communities that the time has gram will be undertaken by the Safety snatched from us at the moment of the elec- come to apply the knowledge gained by Research Center, Bethesda, Maryland, tion, and in the middle of the contest, whilst his desires were as warm and his hopes as applying it in real operational condi- and the Stanford Sleep Research Cen- eager as ours, has feelingly told us what tions. ter. It will begin with approximately 40 shadows we are, and what shadows we pur- That possibility is upon us. Thanks drivers each from Dart and Star. sue. in part to the efforts of one of my con- Screened, treated and trained, they Senator ROTH’s shadow will stay with stituents, Mr. Donald G. Oren, Presi- would be exempted from the hours of this body for years to come as we pur- dent of Dart Transit Company of service regulations (but not total hours sue the principles he stood for. Eagan, Minnesota, a feasibility test that can be driven) to provide max- has been successfully concluded. This f imum flexibility to the trained drivers is an exciting development. in managing their time. These drivers FATIGUE MANAGEMENT IS KEY TO Recently, the Safety Research Cen- would be compared to a control group IMPROVED HIGHWAY TRUCK ter, Bethesda, Maryland, under the di- operating under current hours of serv- SAFETY rection of its President, Tony ice regulations. Assuming that the op- Mr. GRAMS. Mr. President, highway McMahon, together with Stanford Uni- erations generate positive data, the safety, especially concerning long-haul versity’s Sleep Disorders Clinic and Re- program would be expanded to other trucks tends to be a contentious issue. search Center undertook a scientific companies. Progress would be evalu- It is generally understood that the experiment. William C. Dement, M.D., ated on an ongoing basis and at the end long-haul truck driver faces a tedious Ph.D., Professor of Psychiatry and Be- of the three-year program it should be and fatiguing task. Anyone trying to havioral Sciences at the Stanford Uni- apparent that fatigue management get to Florida from Minnesota in one versity School of Medicine, and the di- should be a regulatory alternative to day knows that. Government regula- rector of the Stanford Sleep Disorders current hours of service regulation. tions on commercial truck drivers set Clinic and Research Center, a long- This is a most welcome and exciting parameters on hours of operation in time student of and author on sleep development. To bear out this conclu- the hope necessary rest can be disorders, developed a two-phase ap- sion, I ask unanimous consent that two achieved, thus preventing tired drivers proach to developing a solution to driv- items be included in the RECORD: Dr. from undertaking their critical duty. er fatigue. The first is to test and treat Dement’s remarks to the media and a How can a government mandate for individuals for sleep disorders and the recent article from Traffic World. rest produce results? second is to teach them how to manage There being no objection the mate- Anyone in the business knows that fatigue. rial was ordered to be printed in the the Administration’s proposed regula- Doctors and scientists researching RECORD. sleep have found that drowsiness re- tions governing truck drivers have REMARKS BY WILLIAM C. DEMENT, M.D., gone from bad to worse. We recently sults from sleep debt, which is cumu- PH.D., DIRECTOR OF THE STANFORD UNIVER- passed legislation delaying the imple- lative. There are only two ways to SITY SLEEP DISORDERS & RESEARCH CENTER mentation of a new proposed regula- build up a sleep debt: inadequate JOIN THE SAFE TEAM: THE POINT OF THE LANCE tion. However, there is a solution. But amounts of sleep and excessively fre- FOR A SAFER AND MORE ALERT AMERICA first, some background. quent interruption of sleep as occurs in At a press conference on Capitol Hill in Prescriptive Hours of Service regula- the obstructive sleep apnea syndrome January 1993, I had the privilege of reporting tions, HOS, have been unchanged for and the restless legs syndrome. Accord- the results of the two-year study of Sleep in

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26275 America by the National Commission on sleep and excessively frequent interruption cause spouses experienced great relief. Fi- Sleep Disorders Research. The Commission of sleep as occurs in the obstructive sleep nally, I believe that our initial group of driv- had determined that there were two gigantic apnea syndrome and the restless legs syn- ers is now completely safe, feel much better, problems in our society, pervasive and severe drome. and have substantially improved cardio- sleep deprivation in every component of soci- Sleep scientists have known these facts for vascular health. They are the vanguard of a ety, and a pandemic of undiagnosed and un- more than two decades and have tried and new breed of long haul trucker, and on their treated or misdiagnosed and mistreated tried to bring them effectively to the atten- own initiative, they have named themselves sleep disorders. The Commission also empha- tion of key communities. One would think ‘‘The SAFE TEAM’’ which stands for Sleep sized vigorously that the root cause of these that learning these things would be a core and Fatigue Experienced Truckers Edu- problems was a total lack of effective public part of many professional training programs, cating America’s Motorcarriers. I also be- and professional awareness about sleep. In- and if nowhere else, certainly in the trans- lieve that long-haul truckers will be the van- deed, one of the most urgent recommenda- portation industry. Airline personnel need to guard of educating our entire society. tions of the Commission to the U.S. Congress know the principles of fatigue management, We are ready and eager to go forward with was to launch an effective and broad based railroad personnel, maritime personnel, and a formal pilot project and will seek approval national awareness campaign. Sadly, this did the vast community of automobile drivers, of the Office of Federal Motor Carrier Safety not happen for several reasons including the but we have learned in our feasibility trial Administration. We will put in place tech- budget deficit. and I am now convinced, that the highest nology to monitor SAFE TEAM drivers and During the period of the Commission study priority for intensive professional training to insure that waiver of hours of service and and in many of the years since, I have regarding fatigue management should be the essential flexibility is not abused. I see learned that attempting to alleviate the so- long haul truck drivers. Of course, all drivers no likelihood of the latter because of the cietal problems relating to sleep has a spe- must have the ability to maintain attentive commitment of these drivers to safety, but cial difficulty. The absence of prior exposure alertness while driving. However, the highest political issues make it necessary. to sleep education allows inappropriate skep- educational priority should be bestowed The intense interaction of the Stanford ticism about the facts of sleep, retention of upon the community of long haul truck driv- group which includes SleepQuest and the erroneous mythologies about sleep, and ex- ers who sit astride 40 tons of highly evolved School of Sleep Medicine as partners in the treme difficulty in mobilizing an adequately and intricate machinery. In other modes of Stanford University Center of Excellence, large community of advocates. transportation, attentiveness every second is the Safety Research Institute, and above all, In the aftermath of the failure to launch not required. the pioneering group of drivers revealed and an effective National Awareness Campaign, Thus, we propose a special program that clarified what will surely become the theme we have persisted in attempting to develop involves (a) training to behavioral change of the pilot project and beyond. Fatigue an alternative strategy. The main thrust has and commitment and (b) screening for sleep management education is the missing piece been to identify a much smaller community, disorders and ease of access for definitive di- in the training of professional drivers. This which, if adequately educated and trained, agnosis and effective treatment. Long haul is why the sleep training was embraced by might be a catalyst for a larger societal drivers who are successful in completing this the drivers and their companies and why we change. Efforts have been made by me and program will be transformed by sleep debt can predict that it will eventually be enthu- others to educate primary care physicians, reduction and improved personal health, and siastically embraced throughout the entire high school students, airline personnel, rail- they will become disciples seeking to recruit long haul trucking industry. road personnel, and a variety of other spe- their fellow truckers. cific groups such as Olympic athletes, shift Today, instead of what we are proposing, [From Traffic World, Oct. 30, 2000] workers, and so on. None of the efforts to we have prescriptive hours of service which ENLIGHTENED SELF-INTEREST date have been adequately successful, par- guarantee that there will be times when a (By Frank N. Wilmer) ticularly as a catalyst. driver must stop driving although he or she PILOT PROGRAM WOULD TEACH FATIGUE MAN- All of this is by way of introducing what I is fully alert. This may not be dangerous, AGEMENT, PERMIT DRIVERS TO SET THEIR will report in today’s conference. I believe but it is certainly frustrating. Unfortu- OWN WORK-REST CYCLES we have the absolutely best group from nately, the Hours of Service regulations also When the shipment absolutely positively every point of view. This is not entirely new guarantee that there will be times when dan- has to be there on time, perhaps the truck because this group has been the focus of gerously fatigued truck drivers can keep driver should take a nap. That’s the opinion much attention in recent years, a fair driving, sometimes for many hours. A typ- of Stanford University sleep scientist Wil- amount of it entirely unwonted. The group ical scenario is that a driver must stop at a liam Dement and safety consultant and in question is long haul truck drivers. We are time when clock dependent alerting will not former Federal Highway Administration here to announce the success of a feasibility allow sleep. At the end of this period with chief counsel Anthony McMahon. They say trial and the intention to submit a fatigue very little rest, the driver is very tired but drivers properly trained in fatigue manage- management pilot program to the adminis- can now go for another 10 hours. If he chose ment are more productive, more alert and trator of the Federal Motor Carrier Safety instead to sleep, the rest period would be ex- safer. They also make more informed deci- Administration. In summarizing the con- tended to 16 hours and his productivity sions on when to drive and when to rest than tinuing lack of effective education and would be greatly reduced. bureaucrats who prescribe a one-size-fits-all awareness in America about sleep in 1993, I Personally, I have wanted to carry out this model. said that 100 or so sleep disorders centers are type of intensive training with targeted per- Dement and McMahon intend to ask the islands of awareness in a vast sea of igno- sonnel for more than 10 years. In 1990 and 91, Federal Motor Carrier Safety Administra- rance; too small in number and too dispersed we completed a study of 200 drivers and tion to authorize a three-year pilot program to constitute a catalytic educational force. found that 75% of them had obstructive sleep under which prescriptive hours-of-service That situation is only slightly changed apnea and that in interviews of more than regulations would be scrapped temporarily in today. There are more islands, but the vast 600, 82% said the signal to stop driving was favor of enlightened self-interest by up to 80 sea of ignorance remains. ‘‘falling asleep.’’ Now, two visionary compa- drivers who successfully complete Dement’s As exemplified on the October 16, 2000, nies, Dart and Star, have stepped forward fatigue-management course. Where federal cover of US News and World Report in an ar- and have supported such a program with regulations now mandate a relatively in- ticle titled, ‘‘Sleepless in America,’’ our na- their own resources. We have completed a flexible driving schedule, the Dement- tion is carrying the largest sleep debt in his- feasibility study with nine drivers and in my McMahon proposal would permit drivers to tory. Nearly every citizen has a bigger or more than 30 years as an educator, this was determine, within limits, when they are smaller sleep debt. The question is why don’t one of the best teaching experiences we have alert and able to drive safely. they know it. The reasons are as follows. ever had. Initially, I was uncertain that we The drivers’ dispatchers as well as mem- Most people don’t know their personal could accomplish the desired result in this bers of the drivers’ families also would re- sleep requirement. community. I insisted on an adequate oppor- ceive fatigue management training and drive Most people know nothing about sleep tunity, which consisted of an initial three time behind the wheel would be monitored debt. full days of education and training together electronically. McMahon said the pilot pro- Most people don’t understand the function with sleep disorders screening, diagnosis, and gram, whose details would be fleshed out in of their circadian system (biological clock). most importantly, treatment. Then three collaboration with the FMCSA, likely would Most people don’t know the significance of full days of additional education, review, and limit drivers to the same maximum 70 hours being tired all the time. evaluation one month later. In brief, at the of driving time within eight consecutive Most people know nothing about sleep dis- second session we learned that the prior days as now exist. But drivers would have orders. training and screening had been successful greater flexibility to devise how they accu- An extremely important principle is that beyond our wildest dreams. The fatigue of mulate those 70 hours of driving time. there are two ways and only two ways to this group was greatly reduced; the success The proposed pilot program would involve build up a sleep debt; inadequate amounts of of CPAP treatment had a double impact be- Dart Transit of Eagan, Minn., which utilizes

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 26276 CONGRESSIONAL RECORD—SENATE December 5, 2000 owner-operators, and Star Transport of TN; Ramiro Peredez, 34, Atlanta, GA; I would just like to add one clarifica- Moton, Ill., which employs its own drivers. Lionel Robinson, 23, Baltimore, MD; tion. When the Department of Trans- Dart CEO Glenn Werry and Star CEO Donald Patrick Michael Smith, 21, Wash- portation promulgates the regulations Oren have pledged to pay the costs of the ington, DC; Levanna Spearman, 23, required by this act, it is required pilot program, said McMahon. ‘‘The experience at Stanford proves to me Baltimore, MD; Alan Villarreal, 23, under the Small Business Regulatory we can create a cadre of drivers who under- Houston, TX; Unidentified Male, New- Enforcement Fairness Act (SBREFA) stand how sleep really works and will use ark, NJ; and Unidentified Male, New- to determine whether the regulations new knowledge to drive more safely, reduce ark, NJ. will have ‘‘a significant economic im- the dangers to themselves and others and Five of the people I mentioned were pact on a substantial number of small improve their quality of life on and off the the victims of what has been described entities.’’ If the regulations rise to road,’’ said Dement, a medical doctor who as one of the worst mass killings in that level, the Department is required also holds a Ph.D. in neurophysiology. Baltimore history. Mary McNeil Mat- to conduct an initial regulatory flexi- The Dement-McMahon proposal is the first thews; her mother, Mary Helen Collien; bility analysis and a final regulatory entrepreneurial approach to what has be- her daughter, Makisha Jenkins; and come a furious battle between the FMCSA flexibility analysis as described in and the trucking industry on how to revise two family friends, Trennell Alston and SBREFA so that the impacts on small arguably outdated safety regulations that Lavanna Spearman; were killed one businesses can be identified and better prescribe the maximum number of hours year ago today by four men who burst understood. None of the requirements commercial drivers may be behind the wheel. into Mary McNeil Matthews’ home and under SBREFA are intended to, or An April FMCSA reform proposal would shot all five women. have been shown to, interfere in any limit daily driving time to 12 hours, mandate We cannot sit back and allow such way with an agency’s regulatory objec- 10 continuous hours of daily rest, prescribe senseless gun violence to continue. The up to four workday breaks totaling two tives. In this case they would not im- deaths of these people are a reminder pede, in any way, the Department of hours and prohibit drivers from being behind to all of us that we need to enact sen- the wheel for up to 56 consecutive hours each Transportation’s ability to provide the seven-day period even if it stranded them at sible gun legislation now. maximum safety improvement on the truck stops. f highways as mandated under the The American Trucking Associations, ENSURING TRAFFIC SAFETY—H.R. TREAD Act. which estimates the FMCSA’s proposed 5164 This is the current law and is con- hours-of-service revision could increase uni- sistent with the provision in the versities cloning the training program, said Mr. MCCAIN. Mr. President, in the TREAD Act which prohibits the De- Dement. weeks since Congress passed H.R. 5164, partment of Transportation from Dart’s Oren, who already sent some drivers the Transportation Recall Enhance- issuing unnecessarily burdensome reg- through Dement’s fatigue management ment, Accountability, and Documenta- course, said they previously ‘‘didn’t worry’’ tion Act, and it was signed into law by ulations. I just want to make it clear about how they spent their time before get- the President, questions have been that we will be watching closely to ting behind the wheel, but now ensure they make sure that the Department of do not have alertness-depriving ‘‘sleep debt’’ raised by some of my colleagues about the impact of the bill on small busi- Transportation adheres to the man- before driving. ‘‘It has become a way of life dates of SBREFA. for them.’’ said Oren. ness. I want to make clear my inten- FMCSA Acting Deputy Administrator tions toward small manufacturers in f Clyde Hart and ATA President Walter passing this legislation. DEPARTMENT OF ENERGY’S McCormick each told Traffic World they Obviously, the bill is not intended to OFFICE OF SCIENCE hadn’t seen the proposal and thus could not result in burdensome and ineffective Mr. BINGAMAN. Mr. President, I rise comment. regulations on small businesses or any today to address the importance of the f size business for that matter. I would Department of Energy’s Office of VICTIMS OF GUN VIOLENCE expect the Department of Transpor- tation in establishing the regulations Science, the nation’s leading source for Mr. DURBIN. Mr. President, it has under the bill to go through the normal fundamental research in the physical been more than a year since the Col- analysis required under existing law to sciences for the areas of physics, chem- umbine tragedy, but still this Repub- ensure that regulations are not overly istry, and materials science, and a sig- lican Congress refuses to act on sen- burdensome but are effective in ad- nificant contributor to the biological sible gun legislation. vancing the cause of safety. sciences. Besides funding the indi- Since Columbine, thousands of Amer- Let me be clear, however, the pri- vidual researcher, the Office of Science icans have been killed by gunfire. Until mary purpose of this bill and the De- leads our nation in providing special- we act, Democrats in the Senate will partment of Transportation is to en- ized large user R&D facilities. A partial read the names of some of those who sure the safety of the traveling public. list of such facilities would include the have lost their lives to gun violence in No priority can or should be higher as Stanford Linear Accelerator, the Cen- the past year, and we will continue to the agency crafts these new regula- ter for the Microanalysis of Materials do so every day that the Senate is in tions. I hope this responds to any con- at the University of Illinois, The Los session. cerns my colleagues may have about Alamos Neutron Science Center, the In the name of those who died, we the provisions of the bill. High Flux Isotope Reactor at Oak will continue this fight. Following are Mr. BOND. I thank the Senator and Ridge, the high energy accelerators at the names of some of the people who agree without reservation that the pur- the Fermilab and the National Syn- were killed by gunfire one year ago pose of this legislation is to increase chrotron Light Source at the today, December 5, 1999: safety on the highways. No one in the Brookhaven National Laboratory. Trennell Alston, 26, Baltimore, MD; small business community supports al- These user facilities are national treas- Georges Ronnell Barnes, 29, Baltimore, lowing defective auto parts or auto- ures. One cannot over emphasize their MD; Mary Collien, 51, Baltimore, MD; mobiles to be allowed on the road. importance. They are used by not only Gilbert Gallegos, 76, Salt Lake City, After all, small businesses, their em- university researchers from all 50 UT; Donta Henson, 18, Chicago, IL; Na- ployees, and their owners are some of states but by industry in both the bio- than Hornes, 36, Oakland, CA; Makisha the drivers of the vehicles that would logical and physical sciences. In 1999, Jenkins, 18, Baltimore, MD; Chris- be identified under this law, and they there were 5500 users on just the large topher Jones, 17, Washington, DC; Greg are the other drivers on the road with light sources alone to investigate new Karavites, 38, Denver, CO; Jill these vehicles. They care as much as structures of matter in both the bio- Lundstrom, 25, Miami-Dade County, anyone else about highway safety. logical and physical sciences. In the FL; Johnny Manning, 29, Minneapolis, Without question, the safety of our last four years, the number of biologi- MN; Mary Matthews, 39, Baltimore, roadways is one of our highest prior- cal researchers using these facilities MD; Bertess Montgomery, 87, Memphis, ities. has risen by a factor of four and now

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26277 accounts for 40 percent of all users. The PRESIDING OFFICER. Without driven science—such as that conducted by Each of these 5500 investigations on objection, it is so ordered. the NIH and NSF—and the maintenance and just the light sources alone generates (See Exhibit 1.) operation of major facilities, smaller special- new intellectual property—a dominant Mr. BINGAMAN. Regardless of the ized facilities, university based research fa- cilities, and scientific teams such as those export in the 21st century global econ- final outcome of the Presidential elec- supported by DOE’s Office of Science. omy. In short, these facilities provide tion, it is my hope that both sides of The appropriation of $3.19 billion for FY the critical basic R&D that industry the aisle will be able to come together 2001 is only a start at addressing these chal- cannot and will not fund directly, R&D next year on a strategy for the contin- lenges. Annual increases similar to NIH and that is crucial to maintaining the tre- ued technological and economic com- NSF are needed and merited by the impor- mendous technological engine of petitiveness of the United States. I tant and unique work being conducted by the growth that fuels our economy today. DOE Office of Science. They would also build hope that support for the work funded on the spirit of the Senate’s passage of the I would like to point out that in the by the Office of Science will be the cor- 106th Congress there was a large and Federal Research Investment Act (S. 296) nerstone of that strategy. which calls for doubling investment in civil- successful bipartisan campaign in both EXHIBIT 1 ian research and development efforts. the House and Senate to support the Support for increases in funding for the Office of Science’s budget request for UNITED STATES SENATE, Washington, DC. DOE Office of Science is critical if we are to Fiscal Year 2001. However, the Office of attract and retain the best minds, support The PRESIDENT, the construction and operation of modern Science’s 2001 budget request only met The White House, scientific facilities, and continue to cap- the level of its 1990 budget as adjusted Washington, DC. italize on the scientific vision that has been in year 2000 dollars. In comparison the DEAR MR. PRESIDENT: Thank you for join- the trademark of the Office of Science for so overall federal R&D budget for the life ing us in providing strong support for the De- many years. The budget request for FY 2002 partment of Energy’s Office of Science in sciences has increased by 45 percent in is the logical place to continue this effort. this year’s appropriation process. Together the same period. The trends in the ne- We trust you agree and look forward to we have made great progress in advancing glect of funding for the Office of strengthening our scientific and techno- recognition of these critical scientific pro- Science are deeply disturbing and are logical capabilities in FY 2002 and beyond. grams. Yet there remains much more that now beginning to influence the basic Sincerely, can be accomplished. Continued growth for Jeff Bingaman, Blanche L. Lincoln, Ron indicators of intellectual property gen- these programs on par with that proposed for Wyden, Carl Levin, John F. Kerry, eration. If one tracks the submissions the National Institutes of Health (NIH) and Frank H. Murkowski, Mike DeWine, by U.S. researchers in some of our National Science Foundation (NSF) is vital Patrick Leahy, Ted Kennedy, Slade most prestigious physics journals to continued advances in the fields DOE sup- Gorton, Evan Bayh, Daniel K. Akaka, ports and to the training of future scientists you’ll find that in 1990 the United Paul Sarbanes, Herb Kohl, Patty Mur- and engineers to continue the tremendous States commanded the lead of submis- ray, John Edwards, Frank R. Lauten- advances that America brings to basic sions at about 50 percent worldwide. In berg, John Breaux, Diane Feinstein, science and to the marketplace. 1999 the submission rate has dropped to Barbara Boxer, Bill Frist, Fred Thomp- You are aware that the Department of En- about 25 percent worldwide. The mo- son. ergy (DOE) is the leading source of federal mentum at a national level in the support for the physical sciences in the na- f physical sciences is one of decline. We tion. In the life sciences, the DOE initiated INDIVIDUAL FISHING QUOTAS should be disturbed by this trend—the the Human Genome Program and co-man- physical sciences are the foundation of ages this enormously important and prom- Mrs. MURRAY. Mr. President, one of the microchip industry, the tele- ising effort with the National Institutes of the most important issues we consider communications industry, the trans- Health. It also plays a leading role in sup- here in the U.S. Senate is how to bal- portation industry and the petro- porting other biological sciences, environ- ance our economic needs with our re- chemical industry. We are talking mental sciences, physics, chemistry, mate- sponsibility to conserve our natural re- about what fuels our engine of U.S. rials science, computer science, mathe- sources. matics, and engineering. As a consequence, economic growth—high technology and I believe we can strike the right bal- the DOE is responsible for a significant por- ance. With that hope, I’d like to talk maintaining a commanding lead in a tion of federal R&D funding for scientists 21st century global economy. and students at our colleges and universities. about America’s fisheries. In the Pa- As the 107th Congress gets ready to One of the primary responsibilities of cific Northwest, fishing is more than start, we must pay more attention to DOE’s Office of Science is to support large- just a way of life. It is an important the Office of Science and the role that scale specialized user facilities and large part of our economy and contributes to it plays as a generator of a high tech teams of scientists focused on national sci- our region’s culture. workforce, intellectual property and entific priorities. This makes the Office of Unfortunately, that way of life is be- economic growth. The Office can play Science unique among, and complementary coming more difficult. Many fishing an important role in large multi-user to, the scientific programs of other federal families are struggling because some science agencies, including NIH and NSF. fish stocks are at very low levels. For facilities for the development of Each year over 15,000 sponsored scientists nanomaterials by developing tech- and students from academe, industry, and example, the West Coast salmon and niques that can literally position government—many funded by agencies other groundfish and the Bering Sea/Aleutian groups of atoms to develop a whole new than the DOE—conduct cutting edge experi- Islands crab fisheries have declined generation of microchip and structural ments at the Department’s research facili- dramatically in recent years. Washing- materials. Leadership in such mate- ties. DOE’s investments in major facilities, ton’s fishing families contribute to our rials research will help maintain our smaller-scale user facilities, and in univer- economy and feed consumers both here world dominance in the telecommuni- sity-based laboratories not only sets it apart and abroad, but too often they work cations and transportation industries. from other federal science agencies, but within a system that threatens their helps ensure that the nation maintains its Yesterday a bipartisan group of this world leadership across a broad range of sci- safety and their livelihood. I’ve met body sent to the President a letter sup- entific disciplines. with harvesters and processors from porting a significant increase in the Economic experts maintain that today’s my region, and I’ve visited small towns budget of the Office of Science in fiscal unprecedented economic growth would not in Washington state that depend on year 2002. This letter follows up on the have been realized but for the substantial re- fisheries. The problems they face aren’t support that these members expressed search investments by the public and private limited to Washington state. They can earlier this year during the appropria- sectors over the past several decades. To also be seen in Alaska and other states. tion process and presages a commit- maintain the tremendous advances that In an effort to recover decreasing America brings to basic scientific research numbers of fish in our waters, fisheries ment of bipartisan support for the Of- and into the marketplace, we need to con- fice of Science in the 107th Congress. tinue to provide strong support for basic re- managers have developed complex Mr. President, I ask unanimous con- search across the scientific disciplines. management systems to limit fishing. sent that this letter be printed in the Sound science policy also demands a balance In some cases, our current policies en- RECORD following my statement. between support of individual investigator courage fishers to catch as many fish

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 26278 CONGRESSIONAL RECORD—SENATE December 5, 2000 as possible over a limited period of IFQs. In fact, a number of members eral additional criteria. For example, time. This creates a dangerous and in- would like to see a national policy on these programs must be subject to re- efficient ‘‘race for fish’’, which requires IFQs developed. Since 1996, I’ve sup- view based on any future national pol- fishermen to venture out in bad weath- ported fish quotas and a national pol- icy and such revision may require re- er. In fact, one of the most dangerous icy, and I reiterate my support again allocation of quota. These programs occupations for young people today is today. must also be effectively managed and to work in the Bering Sea/Aleutian Is- But in the meantime, there are im- enforced, which may require reliance land crab fishery. The ‘‘race for fish’’ is portant steps we can take. When Con- on observers and/or cost-recovery fees. one way to manage fisheries in which gress reauthorized the Magnuson-Ste- In addition, these criteria address the too many fishermen are competing for vens Fishery Conservation and Man- most contentious aspect of individual too few fish. However, there are alter- agement Act in 1996, Congress placed a quota programs: the initial allocation natives to this management approach. four-year moratorium on new indi- of quota. The Act requires programs to I’m proud that there is a growing in- vidual fishing quota programs. The ensure a fair initial allocation of terest in an innovative management moratorium on new quota programs ex- quota, to prevent excessive control tool called individual fishing quotas. pired on September 30, 2000. Now that over quota, and to include a mecha- This creative approach uses the mar- this ban has expired, we should allow nism for entry-level fishermen, small ketplace to encourage a safer, more fishery management councils to de- vessel owners and crew members to ac- productive, and more sustainable fish- velop additional fish quota programs. cess quota. I think all of these exam- ing industry. In some cases, it would be Councils should have the freedom to ples illustrate that some elements in- a significant improvement over the develop and implement these pro- tegral to a national policy on indi- status quo. grams. I am not advocating that Coun- vidual fishing quota programs are al- Individual fishing quotas or IFQs cils be required to implement them, be- ready included in the Act. I believe we would bring some regularity to what cause individual fishing quota pro- are much closer to having a national are currently short-lived, intense fish- grams must be developed on a fishery- policy in place than some people may ing seasons. Under this system, each by-fishery basis. I do think, however, believe. participant in a fishery would be allo- that individual quota programs should Unfortunately, it appears likely that cated a percentage of that season’s be available as one of the many man- the moratorium will be extended. total fish catch. Because they are guar- agement tools Councils may draw Therefore, I ask my colleagues to con- anteed a certain amount of fish, fisher- upon. I must add that all eight Coun- sider several caveats to this extension. men wouldn’t have to ‘‘race for fish.’’ cils have asked for this freedom and First, I ask that the moratorium be ex- They could stretch their fishing out have asked for Congress to lift the tended for only 8 months. This will over longer, more balanced fishing sea- moratorium. take the moratorium off the appropria- sons. However, I know that some members tions cycle. Placing the moratorium on I believe that individual fishing want to extend the moratorium. They quotas can help fisherman, fisheries, the yearly appropriations cycle creates don’t want to allow some fisheries to conservation, and consumers. IFQs can a precedent that is easy to repeat every go ahead with IFQs until there is a na- help fishing families because boats year. Taking the moratorium off the tional policy in place. I understand and won’t need to go out in dangerous appropriations cycle will increase the appreciate this perspective. I also rec- weather. In addition, because of the urgency for Congress to develop a na- ognize members of the environmental slower pace, fishermen would be less tional policy within the months ahead. community would be more comfortable Second, I ask for an exception to the likely to lose fishing gear, a common with such programs if a national policy moratorium for fixed-gear sablefish problem in some fisheries. This new system can help fisheries because fish- were already in place. As I said, I sup- along the West Coast. This fishery is ermen will be able to sell or lease port a national policy on these pro- ready for fishermen to be allowed to quota. That means there will be fewer grams, and I look forward to working consolidate permits, which is tech- boats, which can mean cleaner, more with my colleagues next year to de- nically considered an IFQ. In fact, the efficient fisheries. velop one. fishery has been ready to do so since In addition, IFQs can improve con- However, I would like to point out 1994. We should not make these fisher- servation. In some cases when the fish- that all fishery management plans, in- men wait any longer. They deserve to ery slows down, fishermen take better cluding those that rely on quota pro- be freed from a 9-day race for fish, and care of their catch and are more care- grams, are required to meet the na- fishermen who want to get out of the ful with bycatch. Let’s look at just one tional standards already in the Act. fishery should be compensated for their example of how the speed of the cur- Let me offer a few examples of these investments. I ask for your support for rent system hurts conservation. Cur- standards. Any fish quota program this exception. rently, some North Pacific crabs that would have to meet National Standard Third, I support asking NMFS to are too small to be caught legally end 4, which prohibits conservation and gather input from the eight regional up trapped in crab pots. Under the race management measures from discrimi- Councils on a national policy for indi- for fish, these pots are harvested so nating between residents of different vidual fishing quotas. It is appropriate quickly that undersized crabs don’t states. This standard also mandates and important for Congress to have have time to escape. Under a slower that fishing privileges be allocated this input before we finalize a national fishery, those small crabs would have fairly and equitably, that they are cal- policy on quota programs. time to crawl out of the crab pots and culated to promote conservation, and Most important, however, I ask for grow to maturity, thereby helping to that they are carried out so that no en- the commitment of my colleagues to sustain the fishery into the future. tity shall have an excessive share. Any deal with this issue next year, during For consumers, IFQs mean they can fish quota program would also have to the first session of the 107th Congress. enjoy fresh fish later in the seasons. meet National Standard 8, which re- It is not fair to punish those few fish- For example, fresh halibut is now quires such measures to take into ac- eries that are ready to move forward available more often as a result of a count the importance of fishery re- with quota programs just because fish quota program put in place to sources to fishing communities. They other fisheries are not. We have al- manage halibut harvesting. Clearly, in- would also have to meet National ready had four years to resolve these dividual fishing quotas can be an effec- Standard 9, which requires measures to issues, to no avail. If my colleagues be- tive management tool and can solve a minimize bycatch, and National Stand- lieve this issue must be addressed with- lot of the problems facing fisheries ard 10, which addresses safety. in the broader context of Magnuson- today. In addition, the Act requires all indi- Stevens Fishery Conservation and I’m pleased that many of my col- vidual fishing quota programs approved Management Act reauthorization, I un- leagues have expressed interest in on or after October 1, 2000, to meet sev- derstand and I hope they will consider

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26279 this Senator ready and willing to move inadequate or no prescription drug in- we will commence the 107th Congress. I forward with that challenge. I support surance at all. A by-product of no cov- will continue to do all that I can to Senator SNOWE’s and Senator KERRY’s erage is that these patients wind up work with my colleagues and urge the efforts to hold more hearings on reau- paying the highest rates of anyone—an earliest possible discussions regarding thorization, and I offer to help them in average of 15 percent more than those prescription drugs in committee rooms any way I can to ensure it happens. with insurance. Many of these and on the floor of the Senate. I believe Let’s commit ourselves to have a pro- uninsureds, including the seniors often this is the wish of most of the members ductive, comprehensive dialogue on a called The Greatest Generation’’ are in this body, as well as the wish and national policy. Let’s commit to reach- not filling prescriptions because of hope of the American people. ing a consensus that will allow our their cost—choosing between food and Councils and fisheries to pursue this medicine. Or they split pills in half to f innovative, effective solution that can make them go farther. This is shame- work for fishing families, fisheries, ful. These are very real every day prob- ADDITIONAL STATEMENTS conservation and consumers. lems that beg for help. f So, given the fact of these well docu- RELIEF NEEDED FROM RISING mented problems, what is the track RECOGNITION OF RHODE B. (R.B.) PRESCRIPTION DRUG PRICES record of this Congress in helping the CAUSEY, SR. AS ARKANSAS’ 2000 citizens in my home state of South Da- PRIME TIME AWARD RECIPIENT Mr. JOHNSON. Mr. President, I rise kota and the citizens of the United today to review where we stand, near States? What do I tell my constituents ∑ Mrs. LINCOLN. Mr. President, in Oc- the conclusion of the 106th Congress, back in Sioux Falls, or Custer, or tober, the Special Committee on Aging on the subject of prescription drugs. Milbank when they ask me why noth- joined Green Thumb to recognize the Few issues have caught the public’s at- ing has been done to help them? I wish enormous contributions that this tention more than this one, and few are I could tell them that help is on the year’s Green Thumb ‘‘Prime Time more deserving of our attention. way. I wish I could tell them that the Award’’ recipients are making to their We live at a time when we can clear- community and our country. ly discern remarkable benefits from all majority leadership heard their voices and scheduled the hearings and called The Senior Community Service Em- manner of drugs. It is nothing short of ployment Program is one of the best miraculous when we consider the rel- for the votes. But, that just is not the case. kept secrets in the country. This pro- ative ease and success of today’s treat- gram is an innovative and cost-effec- ment of common disorders, as com- Early in this Congress, I introduced, along with Senator KENNEDY, the Pre- tive federal initiative that allows our pared with that of only two or three nation’s seniors to remain productive generations ago. scription Drug Fairness for Seniors of Act of 1999’’. This bill would provide and independent by contributing their When World War II began, for exam- talent and services to their commu- ple, penicillin and other similar anti- Medicare beneficiaries access to pre- nities. biotics were known only to a small scription drugs at the same low prices Some of Arkansas’ finest employ- number of scientists. At the conclusion that drug manufacturers offer their ment programs for seniors are spon- of the War in 1945, penicillin was wide- most favored customers, such as large sored by Green Thumb, and I am ly available, used not only for battle insurance companies, HMO’s, and the pleased to recognize Arkansas’ 2000 wounds but for infectious diseases in Federal Government. Without cost to Prime Time Award recipient, Rhode B. the general public as well. Patients the taxpayers, my proposal could save (R.B.) Causey, Sr. with high blood pressure or high cho- seniors approximately 40 percent on R.B., now 96 years old, grew up in a lesterol levels were, at best, only par- their drug bills, yet we did not see a family of 13 children and sold business tially and inadequately treated in the vote on this floor. 1940’s and 1950’s. Now success is the Similarly, in May of this year, I in- supplies and office machines during the rule, rather than the exception. Calvin troduced the Generic Pharmaceutical Depression. These experiences, coupled Coolidge’s son died in 1924 as a result of Access and Choice for Consumers Act’’. with his ingenuity, persistence, and a blister and a skin infection after This bill encourages the broader use of strong work ethic, prepared R.B. to playing tennis at the White House. An generics in Federal health programs, a branch out on his own in 1952 and open infection like that today would be straight-forward common sense ap- a business supply company. Today, treated as simple, outpatient therapy. proach, yet we did not see a vote on R.B. and his son own and operate the While these examples are noteworthy this floor. R.B. Causey Company in Little Rock. and provide us with a valuable perspec- Other measures that could have made As if going in to work every day tive of times gone by, the hard, cold a tremendous difference to millions of wasn’t enough to keep him busy, R.B. fact is that many of these modern mir- Americans also languished. This Con- also manages his own farm where he acles are still out of the reach of too gress should have passed a voluntary produces soybean and rice crops. The many American citizens. They simply universal Medicare drug benefit plan. farm is also home to his extensive bee- cannot afford the drugs that might so It did not. keeping hobby. often prove lifesaving, because of ei- This Congress should have addressed R.B.’s recipe for success: ‘‘Don’t give ther no insurance or lack of drug cov- rising drug prices. It did not. up, stay involved, do something.’’ pro- erage within their insurance. This Congress should have passed a vides a great example to all of us about Why is this? Because, astronomical truly strong and effective drug re- the importance of staying active in our prices have come hand-in-hand with importation plan. It did not. ‘‘golden years.’’ the great improvements in drug ther- This Congress should have passed a I am fortunate to know R.B. and apy. Spending for prescription drugs in generic drug access plan. It did not. other Arkansas senior workers who are the United States doubled between 1990 Mr. President, let me conclude by so vibrant and enthusiastic about their and 1998. In each of the five years be- stating that these problems will not go jobs. I only hope that when I am 75, 80, tween 1993 and 1998, prescription drug away. Nor will my commitment for or 85 I will have half of their energy spending increased by an average of their resolution on behalf of the people and zest for life! 12.4 percent. In 1999, the increase was 19 of South Dakota and Americans across America’s senior population has percent. We could go into all the rea- this country. The hope that this Con- great value. They have earned our na- sons, but the fact remains that pre- gress will seriously address prescrip- tion’s respect and support. Green scription drug prices are high and get- tion drug costs and provide comprehen- Thumb and other senior employment ting higher. sive Medicare drug coverage yet this programs allow communities to con- Many millions of Americans, both year is all but an aspiration at this tinue to reap the wisdom of our na- Medicare age and younger have either point. That being said, in a few months tion’s talented seniors citizens.∑

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 26280 CONGRESSIONAL RECORD—SENATE December 5, 2000 TRIBUTE TO MS. JUDY ENGLAND- serve and protect the American land- Katie on her outstanding accomplish- JOSEPH scape he loved so well. He served our ment.∑ ∑ Mr. BOND. Mr. President, I rise nation in war and peacetime as a sol- f dier, writer, and activist, and enriched today to honor Ms. Judy England-Jo- MESSAGES FROM THE HOUSE seph who retired from the General Ac- the lives of many Americans. counting Office, GAO, this past March. Born in Berkeley in 1912, young At 12:08 p.m., a message from the Her departure from federal service is a David Brower learned to appreciate na- House of Representatives, delivered by great loss to the federal government as ture by guiding his blind mother on Ms. Niland, one of its reading clerks, well as to all offices in the Senate. walks through the Berkeley hills. In announced that the House has passed Judy was a superlative federal em- the 1930s, he worked at Yosemite Na- the following bills and joint resolution, ployee with a record of honesty and in- tional Park and became a skilled in which it requests the concurrence of tegrity as well as a commitment to a mountaineer. During World War II he the Senate: job well done. trained troops in climbing techniques, H.R. 5637. An act to provide that an Ms. England-Joseph had been with wrote the Army’s alpine manual, and amount available for fiscal year 2001 for the GAO since 1975 working on a number of fought in northern Italy. Department of Transportation shall be avail- important federal issues in the fields of After the war he returned to Cali- able to reimburse certain costs incurred for clean-up of former Coast Guard facilities at personnel and compensation, human fornia and volunteered at the Sierra Club, which was then a hiking organi- Cape May, New Jersey, and to authorize the resources, and energy, to name a few. Coast Guard to transfer funds and authority However, I think most of my col- zation with little involvement in pub- for demolition and removal of a structure at leagues would agree that Judy’s most lic policy. After writing the first Sierra former Coast Guard property in Traverse outstanding contributions came as the Club Manual, he became the club’s first City, Michigan. Director of Housing and Community executive director in 1952. Under his H.R. 5640. An act to expand homeownership Development Issues at GAO. As Direc- leadership, the club’s membership grew in the United States, and for other purposes. tor, she had the primary responsibility from 7,000 to 70,000 as it became the na- H.J. Res. 126. Joint resolution making fur- tion’s leading environmental organiza- ther continuing appropriations for the fiscal for overseeing for the Congress the year 2001, and for other purposes. audit and evaluation of all programs tion. After leading the Sierra Club for and activities at the Department of 17 years, Mr. Brower went on to found The message also announced that the Housing and Urban Development, the the Friends of the Earth and the Earth House has passed the following bills, Small Business Administration, and Island Institute, and he helped to es- without amendment: the Federal Emergency Management tablish the League of Conservation S. 1972. An act to direct the Secretary of Agency, including those concerning Voters. Agriculture to convey to the town of Dolo- During the 1950s and 1960s, Mr. res, Colorado, the current site of the Joe housing, community and economic de- Rowell Park. velopment, and federal disaster respon- Brower led the Sierra Club’s successful efforts to block the construction of S. 2594. An act to authorize the Secretary sibilities. of the Interior to contract with the Mancos As Chairman of the Appropriations dams in Grand Canyon National Park Water Conservancy District to use the Subcommittee on VA, HUD, and Inde- and Dinosaur National Monument. He Mancos Project facilities for impounding, pendent Agencies and the Committee often said, half jokingly, that ‘‘All I storage, diverting, and carriage of non- on Small Business, I found Judy to be have been able to do in my career is to project water for the purpose of irrigation, an invaluable resource for objective slow the rate at which things get domestic, municipal, industrial, and any and timely information that was crit- worse.’’ other beneficial purposes. S. 3137. An act to establish a commission ical to fulfilling my responsibilities. But in fact he made things better. David Brower was instrumental in the to commemorate the 250th anniversary of Judy not only testified numerous times the birth of James Madison. before my appropriations sub- creation of Redwoods National Park, The message further announced that committee and the Committee on North Cascades National Park, and the House has passed the bill (S. 1761) Small Business, but also personally Cape Cod National Seashore as well as to direct the Secretary of the Interior, met with me and my staff to discuss the passage of the Wilderness Act and through the Bureau of Reclamation, to pressing issues and provide us with the establishment of the National Wilder- conserve and enhance the water sup- critical information needed to make ness Preservation System. plies of the Lower Rio Grande Valley, policy decisions. Judy was more than a Our Nation has lost a giant, but we with an amendment, in which it re- resource to my committees; I also must try to walk in his footsteps. quests the concurrence of the Senate. viewed her as a teammate and partner David Brower’s life and legacy will live who shared my goal of making govern- as long as we continue to preserve, pro- ENROLLED BILL SIGNED ment truly accountable and as efficient tect, and enjoy America’s natural At 3:05 p.m., a message from the as possible. treasures.∑ House of Representatives, delivered by To say that we miss Judy would be f one of its clerks, announced that the House Speaker has signed the following an understatement. Judy epitomized OUTSTANDING IDAHOAN public service. Her energy was bound- enrolled joint resolution: less, her knowledge of policy issues was ∑ Mr. CRAIG. Mr. President, I rise to H.J. Res. 126. Joint resolution making fur- rarely matched, and her commitment congratulate Katie Kirkham, a high ther continuing appropriations for the fiscal to doing the right thing underlined her school sophomore from Century High year 2001, and for other purposes. approach to her job and responsibil- School in Pocatello, ID. Katie rep- The enrolled joint resolution was ities. resented Idaho’s horse program at the signed subsequently by the President I am honored to have worked with National 4–H Congress in Atlanta, pro tempore (Mr. THURMOND). Judy and commend her for the years of Georgia, on November 24–28, 2000. She Under the authority of the order of service she provided to the Congress was one of twelve teens in the nation the Senate of January 6, 1999, the Sec- and the American Taxpayer.∑ honored with the responsibility of in- retary of the Senate, on November 2, troducing a guest speaker at the event. f 2000, during the recess of the Senate, There are thousands of young people received a message from the House of DAVID BROWER involved in 4–H in the state of Idaho. Representatives announcing that the ∑ Mrs. BOXER. Mr. President, today, I And as a former 4–H member myself, I Speaker has signed the following en- note with sadness the passing of David take special pride in recognizing the 4– rolled bills: Brower, a great conservationist who H program, which has been educating S. 11. An act for the relief of Wei died last month at his home in Berke- Idaho youth on agricultural issues for Jingsheng. ley, California. David Brower worked generations, and will continue to do so S. 150. An act for the relief of Marina for more than half a century to pre- for generations to come. I congratulate Khalina and her son, Albert Miftakhov.

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26281 S. 276. An act for the relief of Sergio ning and constructing a regional heritage bia and other activities chargeable in whole Lozano. center in Calais, Maine. or in part against the revenues of said Dis- S. 768. An act to amend title 18, United S. 2773. An act to amend the Agricultural trict for the fiscal year ending September 30, States Code, to establish Federal jurisdic- Marketing Act of 1946 to enhance dairy mar- 2001, and for other purposes. tion over offenses committed outside the kets through dairy product mandatory re- Under authority of the order of the United States by persons employed by or ac- porting, and for other purposes. companying the Armed Forces, or by mem- S. 2789. An act to amend the Congressional Senate of January 6, 1999, the enrolled bers of the Armed Forces who are released or Award Act to establish a Congressional Rec- bill was signed subsequently by the separated from active duty prior to being ognition for Excellence in Arts Education President pro tempore (Mr. THUR- identified and prosecuted for the commission Board. MOND). of such offenses, and for other purposes. S. 3164. An act to protect seniors from Under the authority of the order of S. 785. An act for the relief of Frances fraud. the Senate of January 6, 1999, the Sec- Schochenmaier and Mary Hudson. S. 3239. An act to amend the Immigration retary of the Senate, on December 4, S. 869. An act for the relief of Mina Vahedi and Nationality Act to provide special immi- Notash. grant status for certain United States inter- 2000, during the recess of the Senate, S. 1078. An act for the relief of Mrs. Eliza- national broadcasting employees. received a message from the House of beth Eka Bassey, Emmanuel O. Paul Bassey, H.J. Res. 84. Joint resolution making fur- Representatives announcing that the and Mary Idongesit Paul Bassey. ther continuing appropriations for the fiscal Speaker has signed the following en- S. 1513. An act for the relief of Jacqueline year 2001, and for other purposes. rolled bill: Salinas and her children Gabriela Salinas, H.J. Res. 124. Joint resolution making fur- S. 2796. An act to provide for the conserva- Alejandro Salinas, and Omar Salinas. ther continuing appropriations for the fiscal tion and development of water and related S. 2000. An act for the relief of Guy Taylor. year 2001, and for other purposes. resources, to authorize the Secretary of the S. 2002. An act for the relief of Tony Lara. Under authority of the order of the Army to construct various projects for im- S. 2019. An act for the relief of Malia Mil- provements to rivers and harbors of the ler. Senate of January 6, 1999, the enrolled S. 2289. An act for the relief of Jose Guada- bills and joint resolutions were signed United States, and for other purposes. lupe Tellez Pinales. subsequently by the President pro tem- Under authority of the order of the S. 2413. An act to amend the Omnibus pore (Mr. THURMOND). Senate of January 6, 1999, the enrolled Crime Control and Safe Streets Act of 1968 to Under the authority of the order of bill was signed subsequently by the clarify the procedures and conditions for the the Senate of January 6, 1999, the Sec- President pro tempore (Mr. THUR- award of matching grants for the purchase of retary of the Senate, on November 14, MOND). armor vests. 2000, during the recess of the Senate, S. 2547. An act to provide for the establish- f ment of the Great Sand Dunes National Park received a message from the House of and Preserve and the Baca National Wildlife Representatives announcing that the ENROLLED BILL PRESENTED Refuge in the State of Colorado, and for Speaker has signed the following en- The Secretary of the Senate reported other purposes. rolled bills and joint resolution: that on December 5, 2000, he had pre- S. 2712. An act to amend chapter 35 of title H.R. 2346. An act to authorize the enforce- 31, United States Code, to authorize the con- sented to the President of the United ment by State and local governments of cer- States, the following enrolled bill: solidation of certain financial and perform- tain Federal Communications Commission ance management reports required of Fed- regulations regarding use of citizens band S. 2796. An act to provide for the conserva- eral agencies, and for other purposes. radio equipment. tion and development of water and related S. 2915. An act to make improvements in H.R. 4986. An act to amend the Internal resources, to authorize the Secretary of the the operation and administration of the Fed- Revenue Code of 1986 to repeal the provisions Army to construct various projects for im- eral courts, and for other purposes. relating to foreign sales corporations (FSCs) provements to rivers and harbors of the S. 3194. An act to designate the facility of and to exclude extraterritorial income from United States, and for other purposes. the United States Postal Service located at gross income. f 431 North George Street in Millersville, H.J. Res. 125. Joint resolution making fur- Pennsylvania, as the ‘‘Robert S. Walker Post ther continuing appropriations for the fiscal EXECUTIVE AND OTHER Office.’’ year 2001, and for other purposes. COMMUNICATIONS Under authority of the order of the Under authority of the order of the The following communications were Senate of January 6, 1999, the enrolled Senate of January 6, 1999, the enrolled bills were signed subsequently by the laid before the Senate, together with bills and joint resolutions were signed accompanying papers, reports, and doc- President pro tempore (Mr. THUR- subsequently by the President pro tem- uments, which were referred as indi- MOND). pore (Mr. THURMOND). cated: Under the authority of the order of Under the authority of the order of EC–11509. A communication from the the Senate of January 6, 1999, the Sec- the Senate of January 6, 1999, the Sec- retary of the Senate, on November 3, Under Secretary of Commerce For Intellec- retary of the Senate, on November 14, tual Property and Director, Patent and 2000, during the recess of the Senate, 2000, during the recess of the Senate, Trademark Office, transmitting, pursuant to received a message from the House of received a message from the House of law, the report of a rule entitled ‘‘Treatment Representatives announcing that the Representatives announcing that the of Unlocatable Patent Application and Pat- Speaker has signed the following en- House has passed the following bill, in ent Files’’ (RIN0651–AB19) received on No- rolled bills and joint resolutions: which it requests the concurrence of vember 13, 2000; to the Committee on the Ju- S. 1670. An act to revise the boundary of the Senate: diciary. Fort Matanzas National Monument, and for EC–11510. A communication from the Rules H.R. 5633. An act making appropriations other purposes. Administrator of the Federal Bureau of Pris- for the government of the District of Colum- S. 1880. An act to amend the Public Health ons, Department of Justice, transmitting, bia and other activities chargeable in whole Service Act to improve the health of minor- pursuant to law, the report of a rule entitled or in part against the revenues of said Dis- ity individuals. ‘‘Inmate Discipline: Prohibited Acts’’ S. 1936. An act to authorize the Secretary trict for the fiscal year ending September 30, (RIN1120–AA78) received on November 13, of Agriculture to sell or exchange all or part 2001, and for other purposes. 2000; to the Committee on the Judiciary. of certain administrative sites and other Na- ENROLLED BILL SIGNED EC–11511. A communication from the tional Forest System land in the State of Or- Under the authority of the order of Chairman of the Postal Rate Commission, egon and use the proceeds derived from the the Senate of January 6, 1999, the Sec- transmitting, pursuant to law, a report rel- sale or exchange for National Forest System retary of the Senate, on November 15, ative to the Omnibus Rate Case R2000–1; to purposes. 2000, during the recess of the Senate, the Committee on Governmental Affairs. S. 2020. An act to adjust the boundary of EC–11512. A communication from the Spe- the Natchez Trace Parkway, Mississippi, and received a message from the House of cial Counsel, transmitting, pursuant to law, for other purposes. Representatives announcing that the a report for fiscal year 2000; to the Com- S. 2440. An act to amend title 49, United Speaker has signed the following en- mittee on Governmental Affairs. States Code, to improve airport security. rolled bill: EC–11513. A communication from the S. 2485. An act to direct the Secretary of H.R. 5633. An act making appropriations Chairman of the Defense Nuclear Facilities the Interior to provide assistance in plan- for the government of the District of Colum- Safety Board, transmitting, pursuant to the

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 26282 CONGRESSIONAL RECORD—SENATE December 5, 2000 Federal Managers’ Financial Integrity Act; EC–11524. A communication from the Pro- ment of the Interior, transmitting, pursuant to the Committee on Governmental Affairs. gram Analyst, Federal Aviation Administra- to law, the report of a rule entitled ‘‘Endan- EC–11514. A communication from the Ap- tion, Department of Transportation, trans- gered and Threatened Wildlife and Plants: praisal Subcommittee, Federal Financial In- mitting, pursuant to law, the report of a rule Establishment of a Nonessential Experi- stitutions Examination Council, transmit- entitled ‘‘Airworthiness Directives: mental Population of Grizzly Bears in the ting, pursuant to law, the combined annual Raytheon Model DH 125, Series 800A and Bitterroot Area of Idaho and Montana’’ report; to the Committee on Governmental Hawkins 800 Series Airplanes; docket no. 99– (RIN1018–AE00) received on November 16, Affairs. NM–376 [10–30/11–13]’’ (RIN2120–AA64) (2000– 2000; to the Committee on Environment and EC–11515. A communication from the 0546) received on November 13, 2000; to the Public Works. Chairman of the Occupational Safety and Committee on Commerce, Science, and EC–11533. A communication from the Gen- Health Review Commission, transmitting, Transportation. eral Counsel-Federal Energy Regulatory pursuant to law, a report relative to fiscal EC–11525. A communication from the At- Commission, transmitting, pursuant to law, year 2000 activities; to the Committee on torney Advisor, National Highway Traffic the report of a rule entitled ‘‘Revision of An- Governmental Affairs. Safety Administration, Department of nual Charges Assessed To Public Utilities , EC–11516. A communication from the Transportation, transmitting, pursuant to Docket No. RM00–7–000’’ (RIN1902–AB02) re- Chairman of the Federal Mine Safety and law, the report of a rule entitled ‘‘Com- ceived on November 13, 2000; to the Com- Health Review Commission, transmitting, pressed Natural Gas Fuel Container Integ- mittee on Energy and Natural Resources. pursuant to law, a report relative to audit rity; Final rule petitions for reconsider- EC–11534. A communication from the Di- and investigative coverage; to the Com- ation’’ (RIN2127–AH94) received on November rector of the Regulations Policy and Man- mittee on Governmental Affairs. 13, 2000; to the Committee on Commerce, agement Staff, Department of Health and EC–11517. A communication from the Exec- Science, and Transportation. Human Services, transmitting, pursuant to utive Director of the District of Columbia EC–11526. A communication from the Asso- law, the report of a rule entitled ‘‘Irradiation Financial Responsibility and Management ciate Chief, Wireless Telecommunications in the Production, Processing and Handling Assistance Authority, transmitting, pursu- Bureau, Federal Communications Commis- of Food’’ (Docket No. 99F–2673) received on ant to law, a report relative to fiscal year sion, transmitting, pursuant to law, the re- November 9, 2000; to the Committee on 2000; to the Committee on Governmental Af- port of a rule entitled ‘‘Amendment of the Health, Education, Labor, and Pensions. fairs. Commission’s Rules Regarding the 37.0–38.6 EC–11535. A communication from the Di- EC–11518. A communication from the Act- GHz and 38.6–40.0 GHz Bands, ET Docket No. rector, Office of Federal Contract Compli- ing Chairman of the Merit Systems Protec- 95–183, Implementation of Section 309(j) of ance Programs, Department of Labor, trans- tion Board, transmitting, pursuant to law, a the Communications Act — Competitive Bid- mitting, pursuant to law, the report of a rule report relative to fiscal year 2000; to the ding, 37.0–38.6 and 38.6–40.0 GHz Bands, PP entitled ‘‘Government Contractors: Non- Committee on Governmental Affairs. Docket No. 93–253’’ (FCC99–179, ET Dock. 95– discrimination and Affirmative Action Obli- EC–11519. A communication from the Di- 183) received on November 14, 2000; to the gations, Executive Order 11246 (ESA/ rector of the Office of Sustainable Fisheries, Committee on Commerce, Science, and OFCCP)’’ (RIN1215–AA01) received on Novem- National Marine Fisheries Service, Depart- Transportation. ber 13, 2000; to the Committee on Health, ment of Commerce, transmitting, pursuant EC–11527. A communication from the Ad- Education, Labor, and Pensions. to law, the report of a rule entitled ‘‘Atlan- ministrator, Federal Highway Administra- EC–11536. A communication from the Na- tic Highly Migratory Species Fisheries; At- tion, Department of Transportation, trans- tional Institute of Health Regulations Offi- lantic Bluefin Tuna Angling Category; Re- mitting, pursuant to law, the report entitled cer, Department of Health and Human Serv- tention Limit Adjustment’’ (I.D. 101700B) re- ‘‘Fundamental Properties of Asphalts and ices, transmitting, pursuant to law, the re- ceived on November 13, 2000; to the Com- Modified Asphalts—II’’; to the Committee on port of a rule entitled ‘‘Traineeships’’ mittee on Commerce, Science, and Transpor- Environment and Public Works. (RIN0925–AA11) received on November 13, tation. EC–11528. A communication from the Di- 2000; to the Committee on Health, Education, EC–11520. A communication from the Act- rector of the Office of Congressional Affairs, Labor, and Pensions. ing Director of the Office of Sustainable Nuclear Regulatory Commission, transmit- EC–11537. A communication from the Di- Fisheries, National Marine Fisheries Serv- ting, pursuant to law, the report of a rule en- rector of the Regulations Policy and Man- ice, Department of Commerce, transmitting, titled ‘‘Changes to the Unplanned Scram and agement Staff, Department of Health and pursuant to law, the report of a rule entitled Unplanned Scram with Loss of Normal Heat Human Services, transmitting, pursuant to ‘‘Fisheries of the Northeastern United Removal Performance Indicators’’ (NRC law, the report of a rule entitled ‘‘Food Addi- States; Spiny Dogfish Fishery; Commercial Regulatory Issue Summary 2000–21) received tives Permitted for Direct Addition to Food Quota Harvested for Period 2’’ received on on November 13, 2000; to the Committee on for Human Consumption; Sodium Stearoyl November 13, 2000; to the Committee on Environment and Public Works. Lactylate’’ (Docket No. 99F–3087) received on Commerce, Science, and Transportation. EC–11529. A communication from the Act- November 13, 2000; to the Committee on EC–11521. A communication from the Act- ing Director of the Division of Endangered Health, Education, Labor, and Pensions. ing Director of the Office of Sustainable Species, Fish and Wildlife Service, Depart- EC–11538. A communication from the Di- Fisheries, National Marine Fisheries Serv- ment of the Interior, transmitting, pursuant rector of the Regulations Policy and Man- ice, Department of Commerce, transmitting, to law, the report of a rule entitled ‘‘Endan- agement Staff, Department of Health and pursuant to law, the report of a rule entitled gered and Threatened Wildlife and Plants: Human Services, transmitting, pursuant to ‘‘Fisheries of the Northeastern United Designation of Critical Habitat for the Tide- law, the report of a rule entitled ‘‘Exemption States; Fisheries of the Northeastern United water Goby’’ received on November 15, 2000 ; From Federal Preemption of State and Local States; Fisheries of the Northeastern United to the Committee on Environment and Pub- Cigarette and Smokeless Tobacco Require- States; Spiny Dogfish Fishery; 2000 Speci- lic Works. ments; Revocation’’ (Docket No. 00N–1561) fications’’ (RIN0648–AN53) received on No- EC–11530. A communication from the Di- received on November 13, 2000; to the Com- vember 13, 2000; to the Committee on Com- rector of the Office of Congressional Affairs, mittee on Health, Education, Labor, and merce, Science, and Transportation. Office of International Programs, Nuclear Pensions. EC–11522. A communication from the Pro- Regulatory Commission, transmitting, pur- EC–11539. A communication from the As- gram Analyst, Federal Aviation Administra- suant to law, the report of a rule entitled sistant Secretary, Office of Safety Standards tion, Department of Transportation, trans- ‘‘Export and Import of Nuclear Equipment Programs, Department of Labor, transmit- mitting, pursuant to law, the report of a rule and Materials (10CFR Part 110)’’ (RIN3150– ting, pursuant to law, the report of a rule en- entitled ‘‘Amendment to Class E Airspace; AG51) received on November 16, 2000; to the titled ‘‘Ergonomics Program’’ (RIN1218– Monticello, IA; docket no. 00–ACE–5 [4–11/11– Committee on Environment and Public AB36) received on November 14, 2000; to the 2]’’ (RIN2120–AA66) (2000–0266) received on Works. Committee on Health, Education, Labor, and November 9, 2000; to the Committee on Com- EC–11531. A communication from the Di- Pensions. merce, Science, and Transportation. rector, Fish and Wildlife Service, Depart- EC–11540. A communication from the Con- EC–11523. A communication from the Pro- ment of the Interior, transmitting, pursuant gressional Review Coordinator, Animal and gram Analyst, Federal Aviation Administra- to law, the report of a rule entitled ‘‘Final Plant Health Inspection Service, Department tion, Department of Transportation, trans- endangered status for a distinct population of Agriculture, transmitting, pursuant to mitting, pursuant to law, the report of a rule segment of anadromous Atlantic salmon law, the report of a rule entitled ‘‘Spanish entitled ‘‘Airworthiness Directives: Lock- (Salmon salar) in the Gulf of Maine’’ Pure Breed Horses from Spain’’ (Docket #00– heed Model 11–1011–385 Airplanes; docket no. (RIN1018–AF80) received on November 15, 109–1) received on November 14, 2000; to the 98–NM–35 [10–20/11–13]’’ (RIN2120–AA64) (2000– 2000; to the Committee on Environment and Committee on Agriculture, Nutrition, and 0544) received on November 13, 2000; to the Public Works. Forestry. Committee on Commerce, Science, and EC–11532. A communication from the Di- EC–11541. A communication from the Con- Transportation. rector, Fish and Wildlife Service, Depart- gressional Review Coordinator, Animal and

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26283 Plant Health Inspection Service, Department the report of a rule entitled ‘‘Changes in EC–11561. A communication from the As- of Agriculture, transmitting, pursuant to Flood Elevation Determinations 65 FR 64372 sistant General Counsel for Regulatory Law, law, the report of a rule entitled ‘‘Importa- 10/27/00’’ (FEMA Doc. #B–7400) received on Office of Environment, Safety and Health, tion of Horses, Ruminants, Swine, and Dogs; November 13, 2000; to the Committee on Department of Energy, transmitting, pursu- Inspection and Treatment for Screwworm’’ Banking, Housing, and Urban Affairs. ant to law, the report of a rule entitled ‘‘In- (Docket #00–028–1) received on November 14, EC–11551. A communication from the Gen- dustrial Hygiene Functional Area Qualifica- 2000; to the Committee on Agriculture, Nu- eral Counsel, Federal Emergency Manage- tion Standard; DOE Defense Nuclear Facili- trition, and Forestry. ment Agency, transmitting, pursuant to law, ties Technical Personnel’’ (DOE–STD–1138– EC–11542. A communication from the Con- the report of a rule entitled ‘‘Changes in 2000) received on November 13, 2000; to the gressional Review Coordinator, Animal and Flood Elevation Determinations 65 FR 64378 Committee on Energy and Natural Re- Plant Health Inspection Service, Department 10/27/00’’ (FEMA Doc. #B–7402) received on sources. of Agriculture, transmitting, pursuant to November 13, 2000; to the Committee on EC–11562. A communication from the Gen- law, the report of a rule entitled ‘‘Brucellosis Banking, Housing, and Urban Affairs. eral Counsel of the Federal Energy Regu- in Cattle; State and Area Classifications; EC–11552. A communication from the Gen- latory Commission, transmitting, pursuant Louisiana’’ (Docket #99–052–2) received on eral Counsel, Federal Emergency Manage- to law, the report of a rule entitled ‘‘Collabo- November 14, 2000; to the Committee on Ag- ment Agency, transmitting, pursuant to law, rative Procedures for Energy Facility Appli- riculture, Nutrition, and Forestry. the report of a rule entitled ‘‘Changes in cations’’ (Docket Nos. RM98–16–000 and EC–11543. A communication from the Asso- Flood Elevation Determinations 65 FR 64374 RM98–16–001) received on November 17, 2000; ciate Administrator, Fruit and Vegetable 10/27/00’’ (FEMA Doc. #B–7402) received on to the Committee on Energy and Natural Re- Programs, Department of Agriculture, trans- November 13, 2000; to the Committee on sources. mitting, pursuant to law, the report of a rule Banking, Housing, and Urban Affairs. EC–11563. A communication from the Dep- entitled ‘‘Changes in Fees for Voluntary EC–11553. A communication from the Di- uty Chief for the National Forest System, Fruits and Vegetables, Processed Thereof, rector, Office of Regulations Management, Department of Agriculture, transmitting, and Certain Other Processed Food Products, Department of Veterans Affairs, transmit- pursuant to law, the report relative to the Regulations Governing Grading, Inspection ting, pursuant to law, the report of a rule en- detailed boundary maps for McKenzie and and Certifications Services’’ (RIN0581–AB85) titled ‘‘VA Payment for Non-VA Public or North Fork of the Middle Fork of the Wil- received on November 14, 2000; to the Com- Private Hospital Care and Non-VA Physician lamette on the Willamette National Forest, mittee on Agriculture, Nutrition, and For- Services that are Associated with Either and the North Umpqua on the Umpqua Na- estry. Outpatient or Inpatient Care’’ (RIN2900– tional Forest; to the Committee on Energy EC–11544. A communication from the Asso- AK57) received on November 13, 2000; to the and Natural Resources. ciate Administrator, Fruit and Vegetable Committee on Veterans’ Affairs. EC–11564. A communication from the Act- Programs, Department of Agriculture, trans- EC–11554. A communication from the Di- ing Director of the Office of Surface Mining, mitting, pursuant to law, the report of a rule rector, Office of Regulations Management, Department of the Interior, transmitting, entitled ‘‘Irish Potatoes Grown in Modoc and Department of Veterans Affairs, transmit- pursuant to law, the report of a rule entitled Siskiyou Counties, California, and in all ting, pursuant to law, the report of a rule en- ‘‘Texas Regulatory Program’’ (TX–047–FOR) Counties in Oregon, except Malheur County; titled ‘‘Miscellaneous Montgomery GI Bill received on November 27, 2000; to the Com- Suspension of Handling, Reporting, and As- Eligibility and Entitlement Issues’’ mittee on Energy and Natural Resources. sessment Collection Regulations’’ (Docket (RIN2900–AJ90) received on November 13, EC–11565. A communication from the Act- #FV00–947–1 FIR) received on November 14, 2000; to the Committee on Veterans’ Affairs. ing Director of the Office of Surface Mining, 2000; to the Committee on Agriculture, Nu- EC–11555. A communication from the Chief, Department of the Interior, transmitting, trition, and Forestry. Regulations Unit, Internal Revenue Service, pursuant to law, the report of a rule entitled EC–11545. A communication from the Asso- Department of Treasury, transmitting, pur- ‘‘Colorado Regulatory Program’’ (CO–032– ciate Administrator, Fruit and Vegetable suant to law, the report of a rule entitled FOR) received on November 27, 2000; to the Programs, Department of Agriculture, trans- ‘‘Weisbart v. U.S. Dept of Treas. and IRS’’ re- Committee on Energy and Natural Re- mitting, pursuant to law, the report of a rule ceived on November 13, 2000; to the Com- sources. EC–11566. A communication from the As- entitled ‘‘Tomatoes Grown in Florida; mittee on Finance. sistant Secretary of the Interior, Bureau of Change in Size Designation’’ (Docket #FV00– EC–11556. A communication from the Land Management, Department of Interior, 966–1 IFR) received on November 14, 2000; to Under Secretary of Defense, transmitting, transmitting, pursuant to law, the report of the Committee on Agriculture, Nutrition, pursuant to law, the selected acquisition re- a rule entitled ‘‘Mining Claims Under the and Forestry. ports for the quarter ending September 30; to General Mining Laws: Surface Management’’ EC–11546. A communication from the Dep- the Committee on Armed Services. (RIN1004–AD23) received on November 27, uty Associate Administrator, Environmental EC–11557. A communication from the As- 2000; to the Committee on Energy and Nat- Protection Agency, transmitting, pursuant sistant General Counsel for Regulatory Law, ural Resources. to law, the report of a rule entitled Office of Environment, Safety and Health, EC–11567. A communication from the Dep- ‘‘Fenhexamid; Pesticide Tolerances for Department of Energy, transmitting, pursu- uty Associate Administrator, Environmental Emergency Exemptions’’ (FRL #6752–4) re- ant to law, the report of a rule entitled ‘‘Fire Protection Agency, transmitting, pursuant ceived on November 16, 2000; to the Com- Protection Engineering Functional Area to law, the report of a rule entitled ‘‘Stand- mittee on Agriculture, Nutrition, and For- Qualification; DOE Defense Nuclear Facili- ards of Performance for New Stationary estry. ties Technical Personnel’’ (DOE–STD–1137– Sources and Emission Guidelines for Exist- EC–11547. A communication from the Sec- 2000) received on November 13, 2000; to the ing Sources: Commercial and Industrial retary of the Department of the Air Force, Committee on Armed Services. Solid Waste Incineration Units’’ (FRL #6905– transmitting, pursuant to law, a report rel- EC–11558. A communication from the As- 1) received on November 17, 2000; to the Com- ative to a cost comparison to reduce the cost sistant General Counsel for Regulatory Law, mittee on Environment and Public Works. of the Civil Engineering functions; to the Office of Defense Programs, Department of EC–11568. A communication from the As- Committee on Armed Services. Energy, transmitting, pursuant to law, the sistant Secretary of the Army (Civil Works), EC–11548. A communication from the Gen- report of a rule entitled ‘‘Criteria for Pack- Department of the Army, transmitting, pur- eral Counsel, Federal Emergency Manage- aging and Storing Uranium–233–Bearing Ma- suant to law, a report relative to Roosevelt ment Agency, transmitting, pursuant to law, terials’’ (DOE–STD–3028–2000) received on No- Inlet-Lewes Beach, Delaware; to the Com- the report of a rule entitled ‘‘Final Flood vember 13, 2000; to the Committee on Armed mittee on Environment and Public Works. Elevation Determinations 65 FR 64380 10/27/ Services. EC–11569. A communication from the 00’’ received on November 13, 2000; to the EC–11559. A communication from the Act- Chairman of the National Credit Union Ad- Committee on Banking, Housing, and Urban ing Assistant Secretary of Defense, trans- ministration, transmitting, pursuant to law, Affairs. mitting, pursuant to law, a report relative to a report relative to the required explanation EC–11549. A communication from the Gen- each military treatment facility; to the concerning the recently adopted final com- eral Counsel, Federal Emergency Manage- Committee on Armed Services. ponent of PCA; to the Committee on Bank- ment Agency, transmitting, pursuant to law, EC–11560. A communication from the As- ing, Housing, and Urban Affairs. the report of a rule entitled ‘‘Final Flood sistant General Counsel for Regulatory Law, EC–11570. A communication from the Elevation Determinations 65 FR 64386 10/27/ Office of Defense Programs, Department of Chairman of the Securities and Exchange 00’’ received on November 13, 2000; to the Energy, transmitting, pursuant to law, the Commission, transmitting, pursuant to law, Committee on Banking, Housing, and Urban report of a rule entitled ‘‘Planning and Con- the report on state reciprocal subpoena en- Affairs. duct of Operational Readiness Reviews forcement laws; to the Committee on Bank- EC–11550. A communication from the Gen- (OOR)’’ (DOE–STD–3006–2000) received on No- ing, Housing, and Urban Affairs. eral Counsel, Federal Emergency Manage- vember 13, 2000; to the Committee on Energy EC–11571. A communication from the Gen- ment Agency, transmitting, pursuant to law, and Natural Resources. eral Counsel of the National Credit Union

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 26284 CONGRESSIONAL RECORD—SENATE December 5, 2000 Administration, transmitting, pursuant to EC–11581. A communication from the Exec- EC–11594. A communication from the Asso- law, the report of a rule entitled ‘‘12 C.F.R. utive Director of the State Justice Institute, ciate Administrator of the Agricultural Mar- 701 Organization and Operation of Federal transmitting, pursuant to the Inspector Gen- keting Service, Department of Agriculture, Credit Union’’ received on November 17, 2000; eral Act and the Federal Managers’ Finan- transmitting, pursuant to law, the report of to the Committee on Banking, Housing, and cial Integrity Act, the annual report; to the a rule entitled ‘‘Cranberries Grown in States Urban Affairs. Committee on Governmental Affairs. of Massachusetts, et al.; Increases Assess- EC–11572. A communication from the Presi- EC–11582. A communication from the Di- ment Rate’’ (Docket Number: FV00–929–4 dent and Chairman of the Export-Import rector of the Woodrow Wilson Center, trans- FIR) received on November 14, 2000; to the Bank, transmitting, pursuant to law, a re- mitting, pursuant to the Inspector General Committee on Agriculture, Nutrition, and port relative to Ireland; to the Committee on Act and the Federal Managers’ Financial In- Forestry. Banking, Housing, and Urban Affairs. tegrity Act, the annual report for fiscal year EC–11595. A communication from the Di- EC–11573. A communication from the Gen- 1999; to the Committee on Governmental Af- rector of the Office of Procurement and eral Counsel, Federal Emergency Manage- fairs. Property Management, Department of Agri- ment Agency, transmitting, pursuant to law, EC–11583. A communication from the Chair culture, transmitting, pursuant to law, the the report of a rule entitled ‘‘Changes in of the Architectural and Transportation Bar- report of a rule entitled ‘‘Department of Ag- Flood elevation Determinations 65 FR 68919 riers Compliance Board, transmitting, pursu- riculture Priorities and Administrative 11/15/2000’’ (Doc. #FEMA–B–7328) received on ant to the Inspector General Act and the Guidelines for Donation of Excess Research November 27, 2000; to the Committee on Federal Managers’ Financial Integrity Act, a Equipment’’ (RIN0599–AA06) received on No- Banking, Housing, and Urban Affairs. consolidated report; to the Committee on vember 17, 2000; to the Committee on Agri- EC–11574. A communication from the As- Governmental Affairs. culture, Nutrition, and Forestry. sistant to the Board, Board of Governor of EC–11584. A communication from the EC–11596. A communication from the the Federal Reserve System, transmitting, Chairman of the Commission for the Preser- Under Secretary, Food, Nutrition, and Con- pursuant to law, the report of a rule entitled vation of America’s Heritage Board, trans- sumer Services, Department of Agriculture, ‘‘Regulation Z (Truth in Lending)’’ received mitting, pursuant to the Inspector General transmitting, pursuant to law, the report of on November 27, 2000; to the Committee on Act and the Federal Managers’ Financial In- a rule entitled ‘‘Food Stamp Program: Non- Banking, Housing, and Urban Affairs. tegrity Act, a consolidated report for fiscal citizen eligibility and Certification Provi- EC–11575. A communication from the As- year 2000; to the Committee on Govern- sions of the Personal Responsibility and sistant to the Board, Board of Governor of mental Affairs. Work Opportunity Reconciliation Act of the Federal Reserve System, transmitting, EC–11585. A communication from the 1996’’ (RIN0584–AC40) received on November pursuant to law, the report of a rule entitled Chairman of the Securities and Exchange 17, 2000; to the Committee on Agriculture, ‘‘Consumer Protections for Depository Insti- Commisison, transmitting, pursuant to the Nutrition, and Forestry. tution Sales of Insurance; Amendments to Government in the Sunshine Act, the annual EC–11597. A communication from the Sec- Regulation H—Membership of State Banking report for calendar year 1999; to the Com- retary of the Department of Agriculture, Institutions in the Federal Reserve System’’ mittee on Governmental Affairs. transmitting, pursuant to law, the annual EC–11586. A communication from the Staff (Docket No. R–1079) received on November 27, Horse Protection Enforcement Report; to the Director of the Commission on Civil Rights, 2000; to the Committee on Banking, Housing, Committee on Agriculture, Nutrition, and transmitting, pursuant to law, the second and Urban Affairs. Forestry. annual Commercial Activities Inventory Re- EC–11576. A communication from the Sec- EC–11598. A communication from the Con- port; to the Committee on Governmental Af- retary of the Division of Market Regulation, gressional Review Coordinator, Animal and fairs. U.S. Securities and Exchange Commission, Plant Health Inspection Service, Department EC–11587. A communication from the transmitting, pursuant to law, the report of of Agriculture, transmitting, pursuant to Chairman of the Postal Rate Commission, a rule entitled ‘‘Exchange Act Rule 11Ac1–7 law, the report of a rule entitled ‘‘Tuber- transmitting, pursuant to the Inspector Gen- (Trade-Through Disclosure Rule) and amend- culosis in Cattle, Bison, and Captive Cervids; eral Act, the annual report; to the Com- ments to Exchange Act Rule 11Ac1–1 (Quote State and Zone Designations’’ (Docket #99– mittee on Governmental Affairs. Rule)’’ received on November 27, 2000; to the EC–11588. A communication from the Exec- 092–1) received on November 27, 2000; to the Committee on Banking, Housing, and Urban utive Director of the Committee for Pur- Committee on Agriculture, Nutrition, and Affairs. chase from People Who Are Blind or Se- Forestry. EC–11577. A communication from the Sec- verely Disabled, transmitting, pursuant to EC–11599. A communication from the Asso- retary of the Division of Market Regulation, law, the report of additions to the procure- ciate Administrator, Agricultural Marketing U.S. Securities and Exchange Commission, ment list received on November 17, 2000; to Service, Department of Agriculture, trans- transmitting, pursuant to law, the report of the Committee on Governmental Affairs. mitting, pursuant to law, the report of a rule a rule entitled ‘‘Rule 11Ac1–5 and Rule EC–11589. A communication from the Exec- entitled ‘‘Oranges, Grapefruit, and Tangelos 11Ac1–6 under the Securities Exchange Act of utive Director of the State Justice Institute, Grown in Florida; Limiting the Volume of 1934 relating to disclosure of order execution transmitting, pursuant to the Federal Man- Small Red Seedless Grapefruit’’ (Docket and routing practices’’ (RIN3235–AH95) re- agers’ Financial Integrity Act, a consoli- Number: FV00–905–4 FIR) received on Novem- ceived on November 27, 2000; to the Com- dated annual report; to the Committee on ber 27, 2000; to the Committee on Agri- mittee on Banking, Housing, and Urban Af- Governmental Affairs. culture, Nutrition, and Forestry. fairs. EC–11590. A communication from the Exec- EC–11600. A communication from the Chief EC–11578. A communication from the Sec- utive Director of the Committee for Pur- Counsel, Bureau of the Public Debt, Depart- retary, Office of the Chief Accountant, U.S. chase from People Who Are Blind or Se- ment of the Treasury, transmitting, pursu- Securities and Exchange Commission, trans- verely Disabled, transmitting, pursuant to ant to law , the report of a rule entitled ‘‘To mitting, pursuant to law, the report of a rule law, the report of additions to the procure- amend 31 CFR Part 306—General Regulations entitled ‘‘Revisions of the Commission’s ment list received on November 27, 2000; to Governing U.S. Securities and 31 CFR Part Auditor Independence Requirements’’ the Committee on Governmental Affairs. 356—Sale and Issue of Marketable Book- (RIN3235–AH91) received on November 27, EC–11591. A communication from the Exec- Entry Treasury Bills, Notes and Bonds (De- 2000; to the Committee on Banking, Housing, utive Director of the Morris K. Udall Foun- partment of the Treasury Circular, Public and Urban Affairs. dation, transmitting, pursuant to the Inspec- Debt Series No. 1–93) received on November EC–11579. A communication from the Di- tor General Act and the Federal Managers’ 9, 2000; to the Committee on Finance. rector, Office of General Counsel and Legal Financial Integrity Act, the annual report; EC–11601. A communication from the Chief, Policy, Office of Government Ethics, trans- to the Committee on Governmental Affairs. Regulations Unit, Internal Revenue Service, mitting, pursuant to law, the report of a rule EC–11592. A communication from the Exec- Department of the Treasury, transmitting, entitled ‘‘Technical Updating Amendments utive Director of the State Justice Institute, pursuant to law, the report of a rule entitled and Correction to Certain Executive Branch transmitting, pursuant to the Inspector Gen- ‘‘Rev. Proc. 2000–48 Year 2001 Standard Mile- Regulations of the Office of Government eral Act , the report for the six-month period age Rates’’ (Rev. Proc. 2000–48) received on Ethics’’ (RIN3209–AA00 and 3209–AA04) re- ending September 30, 2000; to the Committee November 16, 2000; to the Committee on Fi- ceived on November 14, 2000; to the Com- on Governmental Affairs. nance. mittee on Governmental Affairs. EC–11593. A communication from the Act- EC–11602. A communication from the Chief, EC–11580. A communication from the Exec- ing Executive Vice President , Commodity Regulations Unit, Internal Revenue Service, utive Director of the Committee for Pur- Credit Corporation, Department of Agri- Department of the Treasury, transmitting, chase from People Who Are Blind or Se- culture, transmitting, pursuant to law, the pursuant to law, the report of a rule entitled verely Disabled, transmitting, pursuant to report of a rule entitled ‘‘7 CFR 1424, Bio- ‘‘Comprehensive Case Resolution Pilot No- law, the report of additions to the procure- energy Program’’ (RIN0560–AG16) received on tice’’ (Notice 2000–60, 2000–49 I.R.B) received ment list received on November 17, 2000; to November 14, 2000; to the Committee on Ag- on November 17, 2000; to the Committee on the Committee on Governmental Affairs. riculture, Nutrition, and Forestry. Finance.

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26285 EC–11603. A communication from the Chief, (2000–0548) received on November 16, 2000; to a rule entitled ‘‘Airworthiness Directives: Regulations Unit, Internal Revenue Service, the Committee on Commerce, Science, and McDonnell Douglas Model DC–9–10, 20, 30, 40, Department of the Treasury, transmitting, Transportation. and 50 Series Airplanes and C–9 (Military) pursuant to law, the report of a rule entitled EC–11613. A communication from the Para- Airplanes. Docket No. 2000–NM–04, AD Admt. ‘‘Trusts Not Considered Individuals for Pur- legal Specialist, Federal Aviation Adminis- 39–11961; AD 2000–22–14 [11–8–11–16–00]’’ poses of Section 935’’ (Notice 2000–61; OGI– tration, Department of Transportation, (RIN2120–AA64) (2000–0557) received on No- 123236–00) received on November 27, 2000; to transmitting, pursuant to law, the report of vember 16, 2000; to the Committee on Com- the Committee on Finance. a rule entitled ‘‘Airworthiness Directives: merce, Science, and Transportation. EC–11604. A communication from the Chief, Request for comments; Robinson Helicopter EC–11621. A communication from the Para- Regulations Unit, Internal Revenue Service, Company model R22 Helicopters; Docket No. legal Specialist, Federal Aviation Adminis- Department of the Treasury, transmitting, 2000–SE–51AD [11–7–11–16–00]’’ (RIN2120–AA64) tration, Department of Transportation, pursuant to law, the report of a rule entitled (2000–0549) received on November 16, 2000; to transmitting, pursuant to law, the report of ‘‘Annual covered compensation tables’’ (Rev- the Committee on Commerce, Science, and a rule entitled ‘‘Airworthiness Directives: enue Ruling 2000–53) received on November Transportation. empresa Brasileira de Aeronautica S.A. 27, 2000; to the Committee on Finance. EC–11614. A communication from the Para- (EMBRAER) Model EMB–120 Series Air- EC–11605. A communication from the legal Specialist, Federal Aviation Adminis- planes Docket No. 2000–NM–130–AD, Admt. United States Trade Representative, Execu- tration, Department of Transportation, 39–11954; AD 2000–22–08. [11–6–11–16–00]’’ tive Office of the President, transmitting, transmitting, pursuant to law, the report of (RIN2120–AA64) (2000–0558) received on No- pursuant to law, the strategic plan for fiscal a rule entitled ‘‘Airworthiness Directives: vember 16, 2000; to the Committee on Com- year 2000 through fiscal year 2005; to the Pratt and Whitney JT8D–200 Series Turbofan merce, Science, and Transportation. Committee on Finance. Engines Docket No. 98–ANE–43–AD, Admt. EC–11622. A communication from the Para- EC–11606. A communication from the As- 39–11939; AD 2000–21–07 [11–2–11–16–00]’’ legal Specialist, Federal Aviation Adminis- sistant Secretary of State, Legislative Af- (RIN2120–AA64) (2000–0550) received on No- tration, Department of Transportation, fairs, transmitting, pursuant to law, a report vember 16, 2000; to the Committee on Com- transmitting, pursuant to law, the report of relative to danger pay allowance for Albania; merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: to the Committee on Foreign Relations. EC–11615. A communication from the Para- Final Rule; SOCATA—groupe Aerospatiale EC–11607. A communication from the As- legal Specialist, Federal Aviation Adminis- Models MS880B, MS 885, MS 892A–150, MS sistant Secretary of State, Legislative Af- tration, Department of Transportation, 893E, MS894A, MS894E, Rallye 100S, Rallye fairs, transmitting, pursuant to law, a report transmitting, pursuant to law, the report of 150T , Rallye150ST, Rallye 235C, and Rallye relative to nuclear nonproliferation in South a rule entitled ‘‘Airworthiness Directives: 235E Airplanes; Docket No. 2000–CE–34–AD Asia; to the Committee on Foreign Rela- Pratt and Whitney PW 2000—Series Turbofan [11–14–11–16–00]’’ (RIN2120–AA64) (2000–0559) tions. Engines (correction) Docket No. 98–ANE–61– received on November 16, 2000; to the Com- EC–11608. A communication from the As- AD, Admt. 39–11941; AD 2000–21–09 [11–2–11–16– mittee on Commerce, Science, and Transpor- sistant Legal Adviser for Treaty Affairs, De- 00]’’ (RIN2120–AA64) (2000–0551) received on tation. partment of State, transmitting, pursuant to November 16, 2000; to the Committee on EC–11623. A communication from the Para- law, the report of the texts of international Commerce, Science, and Transportation. legal Specialist, Federal Aviation Adminis- agreements, other than treaties, and back- EC–11616. A communication from the Para- tration, Department of Transportation, ground statements; to the Committee on legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of Foreign Relations. tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: EC–11609. A communication from the Di- transmitting, pursuant to law, the report of Final Rule; request for Comments; McDon- rector, Regulations Policy and Management a rule entitled ‘‘Airworthiness Directives: nell Douglas Model DC–9–10, 9–20, 9–30, 9–40, Staff, Department of Health and Human Pratt and Whitney JT8D Series Turbofan En- and 9–50 Series Airplanes; Docket No. 2000– Services, transmitting, pursuant to law, the gines Docket No. 98–ANE–48–AD, Admt. 39– NM–344–AD, Admt. 39–11968; AD 2000–22–20 report of a rule entitled ‘‘Indirect Food Addi- 11940; AD 2000–21–08 [11–2–11–16–00]’’ (RIN2120– [11–14–11–16]’’ (RIN2120–AA64) (2000–0560) re- tives: Polymers’’ (Docket No. 93F–0319) re- AA64) (2000–0552) received on November 16, ceived on November 16, 2000; to the Com- ceived on November 17, 2000; to the Com- 2000; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- mittee on Health, Education, Labor, and Science, and Transportation. tation. Pensions. EC–11617. A communication from the Para- EC–11624. A communication from the Para- EC–11610. A communication from the Di- legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- rector, Employment Standards Administra- tration, Department of Transportation, tration, Department of Transportation, tion, Wage and Hour Division, Department of transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of Labor, transmitting, pursuant to law, the re- a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: port of a rule entitled ‘‘Procedures for Pre- Boeing Model 737–100, 200, 200C, 300, 400 and Eurocopter France Model SA330F, G, and J determination of Wage Rates (29 CFR Part 500 Series Airplanes Docket No. 99–NM–69AD; helicopters: Docket No. 2000–SW–14–AD [11– 1); Labor Standards Provisions Applicable to Admt. 39–11906; AD 200–19–05. [11–1–11–16]’’ 14–11–16–00]’’ (RIN2120–AA64) (2000–0561) re- Contracts Covering Federally Financed and (RIN2120–AA64) (2000–0553) received on No- ceived on November 16, 2000; to the Com- Assisted Construction and to Certain Non- vember 16, 2000 ; to the Committee on Com- mittee on Commerce, Science, and Transpor- construction Contracts (29 CFR Part 5)’’ merce, Science, and Transportation. tation. (RIN1215–AA94) received on November 27, EC–11618. A communication from the Para- EC–11625. A communication from the Para- 2000; to the Committee on Health, Education, legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- Labor, and Pensions. tration, Department of Transportation, tration, Department of Transportation, EC–11611. A communication from the Para- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: tration, Department of Transportation, Final Rule Fokker Model F.28 mark 0100 Se- CFE Company Model CFE738–1–1B Turbofan transmitting, pursuant to law, the report of ries Airplanes; Docket No. 2000–NM–17AD; Engines Docket No. 98–ANE–69–AD, Admt. a rule entitled ‘‘Airworthiness Directives: Admt. 39–11944; AD 2000–21–12 [11–15–11–16]’’ 39–11982; AD 2000–23–12 [11–14–11–16–00]’’ International Aero Engines AG (IAE) V2500– (RIN2120–AA64) (2000–0555) received on No- (RIN2120–AA64) (2000–0562) received on No- A5 and D–5 Series Turbofan Engines Docket vember 16, 2000; to the Committee on Com- vember 16, 2000; to the Committee on Com- No. 2000–NE–21, Amdt. 39–11953: AD 2000–22–07 merce, Science, and Transportation. merce, Science, and Transportation. [11–2–11–16]’’ (RIN2120–AA64) (2000–0547) re- EC–11619. A communication from the Para- EC–11626. A communication from the Para- ceived on November 16, 2000; to the Com- legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- mittee on Commerce, Science, and Transpor- tration, Department of Transportation, tration, Department of Transportation, tation. transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of EC–11612. A communication from the Para- a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: legal Specialist, Federal Aviation Adminis- British Aerospace (Jetstream) Model 4101 Final Rule; request for Comments; bom- tration, Department of Transportation, Airplanes Docket No. 2000–NM–152–AD; bardier Model CL–600–2B16 (CL–604) Series transmitting, pursuant to law, the report of Admt. 39–11963; AD 2000–22–16 [11–8–11–16–00]’’ Airplanes; Docket No. 2000–NM–315–AD a rule entitled ‘‘Airworthiness Directives: (RIN2120–AA64) (2000–0556) received on No- Admt. 39–11972; AD2000–23–02 [11–14–11–16–00]’’ Final Rule; request for comments: Boeing vember 16, 2000; to the Committee on Com- (RIN2120–AA64) (2000–0563) received on No- Model 747–100, 200B, 200C, 200F, and 300 Series merce, Science, and Transportation. vember 16, 2000; to the Committee on Com- Airplanes Delivered in or modified into the EC–11620. A communication from the Para- merce, Science, and Transportation. stretched Upper Deck Configuration; Docket legal Specialist, Federal Aviation Adminis- EC–11627. A communication from the Para- No. 2000–NM–136–AD ; Amdt 39–11962; AD tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- 2000–22–15 [11–7–11–16–00]’’ (RIN2120–AA64) transmitting, pursuant to law, the report of tration, Department of Transportation,

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 26286 CONGRESSIONAL RECORD—SENATE December 5, 2000 transmitting, pursuant to law, the report of (RIN2120–AA64) (2000–0573) received on No- EC–11643. A communication from the Para- a rule entitled ‘‘Airworthiness Directives: vember 27, 2000; to the Committee on Com- legal Specialist, Federal Aviation Adminis- Final Rule; Aerospatiale Model ATR42–500 merce, Science, and Transportation. tration, Department of Transportation, Series Airplanes ; Docket No. 2000–NM–26, EC–11635. A communication from the Para- transmitting, pursuant to law, the report of AD Admt. 39–11974; AD2000–23–04 [11–14–11–16– legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Amends Class E3 Airspace; 00]’’ (RIN2120–AA64) (2000–0564) received on tration, Department of Transportation, Tallahassee, FL and Class E4 Airspace, November 16, 2000; to the Committee on transmitting, pursuant to law, the report of Dothan, AL Vero Beach, FL; Athens, GA; Co- Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: lumbus Lawson AAf, GA Meridian Key filed, EC–11628. A communication from the Para- Israel Aircraft Industries, Ltd., Model 1121, MS; meridian NAS McCain Field, MS; and legal Specialist, Federal Aviation Adminis- 1121A, 1121B , 1123, 1124, and 1124A Series Air- Florence Docket No. 00–ASO–38 [11–13–11–16– tration, Department of Transportation, planes; Docket No. 2000–NM–364AD Admt. 39– 00]’’ (RIN2120–AA66) (2000–0275) received on transmitting, pursuant to law, the report of 11985; AD 2000–23–13 [11–17–11–20]’’ (RIN2120– November 16, 2000; to the Committee on a rule entitled ‘‘Airworthiness Directives: AA64) (2000–0574) received on November 27, Commerce, Science, and Transportation. Airbus Models A310 and A300–600 Series Air- 2000; to the Committee on Commerce, EC–11644. A communication from the Para- planes; Docket No. 2000–NM–114–AD Admt. Science, and Transportation. legal Specialist, Federal Aviation Adminis- 39–11978: AD2000–23–08 [11–15–11–16–00]’’ EC–11636. A communication from the Para- tration, Department of Transportation, (RIN2120–AA64) (2000–0565) received on No- legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of vember 16, 2000; to the Committee on Com- tration, Department of Transportation, a rule entitled ‘‘Establishes Class D and E4 merce, Science, and Transportation. transmitting, pursuant to law, the report of Airspace; New Bern, NC Docket No. 00–ASO– EC–11629. A communication from the Para- a rule entitled ‘‘Standard Instrument Ap- 29 [11–9–11–16–00]’’ (RIN2120–AA66) (2000–0276) legal Specialist, Federal Aviation Adminis- proach Procedures; Miscellaneous Amend- received on November 16, 2000; to the Com- tration, Department of Transportation, ments (61): Amdt. No. 2018 [11–2–11–16–00]’’ mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of (RIN2120–AA65) (2000–0054) received on No- tation. a rule entitled ‘‘Airworthiness Directives: vember 16, 2000; to the Committee on Com- EC–11645. A communication from the Para- Request for Comments; bell Helicopter tex- merce, Science, and Transportation. legal Specialist, Federal Aviation Adminis- tron, inc.—manufactured model OH–13E, OH– EC–11637. A communication from the Para- tration, Department of Transportation, 13H, and OH–13S Helicopters; Docket No. legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of 2000–SW–36–AD [11–15–11–16–00]’’ (RIN2120– tration, Department of Transportation, a rule entitled ‘‘Establishes Class E Air- AA64) (2000–0566) received on November 16, transmitting, pursuant to law, the report of space; Oak Grove NC Docket No. 00–ASO–33 2000; to the Committee on Commerce, a rule entitled ‘‘Standard Instrument Ap- [11–9–11–16–00]’’ (RIN2120–AA66) (2000–0277) re- Science, and Transportation. proach Procedures; Miscellaneous Amend- ceived on November 16, 2000; to the Com- EC–11630. A communication from the Para- ments (14); Amdt. No. 2017 Docket No. 30210 mittee on Commerce, Science, and Transpor- legal Specialist, Federal Aviation Adminis- [11–2–11–16–00]’’ (RIN2120–AA65) (2000–0055) re- tation. tration, Department of Transportation, ceived on November 16, 2000; to the Com- EC–11646. A communication from the Para- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives: tation. tration, Department of Transportation, Final Rule; Empresa Brasileira de EC–11638. A communication from the Para- transmitting, pursuant to law, the report of Aeronautica SA. (AMBRAER) Model EMB– legal Specialist, Federal Aviation Adminis- a rule entitled ‘‘Realignment of Federal Air- 120 Series Airplanes; Docket No. 2000–NM– tration, Department of Transportation, ways, Docket No. 00–AGL–22 [11–9–11–16–00]’’ 121–AD; Admt. 39–11958: AD2000–22–12 [11–15– transmitting, pursuant to law, the report of (RIN2120–AA66) (2000–0278) received on No- 11/16–00]’’ (RIN2120–AA64) (2000–0567) received a rule entitled ‘‘Airspace Actions Modifica- vember 16, 2000; to the Committee on Com- on November 16, 2000; to the Committee on tion of Class E Airspace; Willits, CA Docket merce, Science, and Transportation. Commerce, Science, and Transportation. No. 00–AWP–8 [11–2–11–16]’’ (RIN2120–AA66) EC–11647. A communication from the Dep- EC–11631. A communication from the Para- (2000–0269) received on November 16, 2000 ; to uty Associate Administrator of the Environ- legal Specialist, Federal Aviation Adminis- the Committee on Commerce, Science, and mental Protection Agency, transmitting, the tration, Department of Transportation, Transportation. report of five items; to the Committee on transmitting, pursuant to law, the report of EC–11639. A communication from the Para- Environment and Public Works. a rule entitled ‘‘Airworthiness Directives: legal Specialist, Federal Aviation Adminis- EC–11648. A communication from the Dep- Rolls–Royce Spey 555–15, –15H, –15N, and –15P tration, Department of Transportation, uty Associate Administrator of the Environ- Turbofan Engines. Docket No. 2000–NE–03– transmitting, pursuant to law, the report of mental Protection Agency, transmitting, AD Admt. 39–11981: AD2000–23–11 [11–15–11–16– a rule entitled ‘‘Revision of Class D Airspace, pursuant to law, the report of a rule entitled 00]’’ (RIN2120–AA64) (2000–0568) received on Robert Gray Army Airfield, TX. Docket No. ‘‘National Priorities List for Uncontrolled November 16, 2000; to the Committee on 2000–ASW–18 [11–3–11–16]’’ (RIN2120–AA66) Hazardous Waste Sites’’ (FRL #6910–4) re- Commerce, Science, and Transportation. (2000–0271) received on November 16, 2000 ; to ceived on November 28, 2000; to the Com- EC–11632. A communication from the Para- the Committee on Commerce, Science, and mittee on Environment and Public Works. legal Specialist, Federal Aviation Adminis- Transportation. EC–11649. A communication from the Dep- tration, Department of Transportation, EC–11640. A communication from the Para- uty Associate Administrator of the Environ- transmitting, pursuant to law, the report of legal Specialist, Federal Aviation Adminis- mental Protection Agency, transmitting, a rule entitled ‘‘Airworthiness Directives: tration, Department of Transportation, pursuant to law, the report of a rule entitled Final Rule; request for comments; Boeing transmitting, pursuant to law, the report of ‘‘Approval and Promulgation of Implementa- model 737 Series Airplanes; Docket No. 2000– a rule entitled ‘‘Revision of Class E Airspace; tion Plans; Revision to the Alabama Depart- NM–325–AD Admt. 39–11948: AD2000–22–02 [11– Atlanta, TX Docket No. 2000– ASW–19 [11–13– ment of Environmental Management 16–11–20]’’ (RIN2120–AA64) (2000–0570) received 11–16]’’ (RIN2120–AA66) (2000–0272) received on (ADEM) Administrative Code for the Air Pol- on November 27, 2000; to the Committee on November 16, 2000; to the Committee on lution Control Program’’ (FRL #6910–6) re- Commerce, Science, and Transportation. Commerce, Science, and Transportation. ceived on November 28, 2000 ; to the Com- EC–11633. A communication from the Para- EC–11641. A communication from the Para- mittee on Environment and Public Works. legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- EC–11650. A communication from the Dep- tration, Department of Transportation, tration, Department of Transportation, uty Associate Administrator of the Environ- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of mental Protection Agency, transmitting, a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Amends Class D and Class E4 pursuant to law, the report of a rule entitled Pratt and Whitney JT9D Series Turbofan En- Airspace; Gainesville, FL Docket No. 00– ‘‘National Primary Drinking Water Regula- gines Docket No. 99–NE–25, Admt. 39–11986; ASO–35 [11–13–11–16–00]’’ (RIN2120–AA66) tions; Radionuclides; Final Rule’’ (FRL AD 2000–23–14 [11–20–11–20]’’ (RIN2120–AA64) (2000–0273) received on November 16, 2000; to #6909–3) received on November 28, 2000; to the (2000–0571) received on November 27, 2000; to the Committee on Commerce, Science, and Committee on Environment and Public the Committee on Commerce, Science, and Transportation. Works. Transportation. EC–11642. A communication from the Para- EC–11651. A communication from the Dep- EC–11634. A communication from the Para- legal Specialist, Federal Aviation Adminis- uty Associate Administrator of the Environ- legal Specialist, Federal Aviation Adminis- tration, Department of Transportation, mental Protection Agency, transmitting, tration, Department of Transportation, transmitting, pursuant to law, the report of pursuant to law, the report of a rule entitled transmitting, pursuant to law, the report of a rule entitled ‘‘Amends Class D Airspace; ‘‘Approval and Promulgation of Air Quality a rule entitled ‘‘Airworthiness Directives: Kissimmee FL, Docket No. 00–ASO–36 [11–13– Implementation Plans and Designations of Aerospatiale model ATR–42 and ATR–72 Se- 11–16–00]’’ (RIN2120–AA66) (2000–0274) received Areas for Air Quality Planning Purposes; ries Airplanes Docket No. 98–NM–259–AD on November 16, 2000; to the Committee on State of New Hampshire; Revision to the Admt. 39–11989; AD 98–09–16Ri [11–17–11–20]’’ Commerce, Science, and Transportation. Carbon Monoxide State Implementation

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26287 Plans, City of Nashua; Carbon Monoxide Re- tion, Justice Management Division, Depart- EC–11672. A communication from the Chief, designation Request, Maintenance Plan, ment of Justice, transmitting, pursuant to Regulations Unit, Internal Revenue Service, Transportation Conformity Budget, and law, the report of a rule entitled ‘‘Caselink Department of the Treasury, transmitting, Emissions Inventory for the City of Nashua; Document Database for Office of Special pursuant to law, the report of a rule entitled Carbon Monoxide Redesignation Request, Counsel-Waco (OSCW)’’ received on Novem- ‘‘Weighted Average Interest Rate Update’’ Maintenance Plan, Transportation Con- ber 28, 2000; to the Committee on the Judici- (Notice 2000–59) received on November 27, formity Budget, and Emissions Inventory for ary. 2000; to the Committee on Finance. the City of Manchester’’ (FRL #6906–2) re- EC–11663. A communication from the As- EC–11673. A communication from the Chief, ceived on November 28, 2000; to the Com- sistant Attorney General for Administra- Regulations Unit, Internal Revenue Service, mittee on Environment and Public Works. tion, Justice Management Division, Depart- Department of the Treasury, transmitting, EC–11652. A communication from the Dep- ment of Justice, transmitting, pursuant to pursuant to law, the report of a rule entitled uty Associate Administrator of the Environ- law, the report of a rule entitled ‘‘Environ- ‘‘First Quarter Quarterly Interest Rates 1/1/ mental Protection Agency, transmitting, ment and Natural Resources Division Case 2001’’ (Revenue Ruling 2000–57) received on pursuant to law, the report of a rule entitled and Related Files System’’ received on No- November 28, 2000; to the Committee on Fi- ‘‘Supplemental Guidelines for the Award of vember 28, 2000; to the Committee on the Ju- nance. Section 319 Nonpoint Source Grants in fiscal diciary. EC–11674. A communication from the Chief, year 2001’’ (FRL #6908–9) received on Novem- EC–11664. A communication from the Presi- Regulations Unit, Internal Revenue Service, ber 28, 2000; to the Committee on Environ- dent of the United States, transmitting, pur- Department of the Treasury, transmitting, ment and Public Works. suant to law, the six-month periodic report pursuant to law, the report of a rule entitled EC–11653. A communication from the Gen- relative to the national emergency with re- ‘‘Applications of the Anti-Churning Rules for eral Counsel of the Federal Energy Regu- spect to Iran; to the Committee on Banking, Amortization of Intangibles in Partnerships’’ latory Commission, transmitting, pursuant Housing, and Urban Affairs. (RIN1545–AX73) (T.D. 8907) received on No- to law, the report of a rule entitled ‘‘Revised EC–11665. A communication from the Presi- vember 28, 2000; to the Committee on Fi- Filing Requirements Under Part 33 of the dent of the United States, transmitting, pur- nance. Commission’s Regulations’’ (RIN1902–AB73) suant to law, a notice stating that the emer- EC–11675. A communication from the Chief, received on November 27, 2000; to the Com- gency concerning Iran is to continue in ef- Regulations Unit, Internal Revenue Service, mittee on Energy and Natural Resources. fect beyond the anniversary date; to the Department of the Treasury, transmitting, EC–11654. A communication from the Committee on Banking, Housing, and Urban pursuant to law, the report of a rule entitled Comptroller General of the General Account- Affairs. ‘‘Rev. Rul. 2000–58—BLS–LIFO Department EC–11666. A communication from the Presi- ing Office, transmitting, pursuant to law, Store Indexes—October 2000’’ (Rev. Rul. 2000– dent of the United States, transmitting, pur- the report relative to the Legislative Reor- 58) received on November 28, 2000; to the suant to law, the report relative to the dan- ganization Act; to the Committee on Govern- Committee on Finance. gers of the proliferation of nuclear, biologi- mental Affairs. EC–11676. A communication from the Chief, cal, and chemical weapons; to the Com- EC–11655. A communication from the Regulations Unit, Internal Revenue Service, mittee on Banking, Housing, and Urban Af- Chairman of the Federal Maritime Commis- Department of the Treasury, transmitting, fairs. sion, transmitting, pursuant to the Inspector EC–11667. A communication from the Presi- pursuant to law, the report of a rule entitled General Act, the semiannual report for the dent of the United States, transmitting, pur- ‘‘Notice 2000–63, Business Plan Comments’’ period April 1, 2000 through September 30, suant to law, the six-month periodic report (Notice 2000–63) received on November 29, 2000; to the Committee on Governmental Af- relative to the national emergency caused by 2000; to the Committee on Finance. fairs. the lapse of the Export Administration Act; EC–11677. A communication from the Asso- EC–11656. A communication from the Sec- to the Committee on Banking, Housing, and ciate Administrator, Cotton Programs, De- retary of Energy, transmitting, pursuant to Urban Affairs. partment of Agriculture, transmitting, pur- the Inspector General Act, the semiannual EC–11668. A communication from the Presi- suant to law, the report of a rule entitled report which covers the period of April 1 dent of the United States, transmitting, pur- ‘‘Amendment to Cotton Board Rules and through September 30, 2000; to the Com- suant to law, the report relative to the na- Regulations Regarding Import Assessment mittee on Governmental Affairs. tional emergency with respect to Sudan; to Exemptions’’ (Docket Number CN–00–009) re- EC–11657. A communication from the Dep- the Committee on Banking, Housing, and ceived on November 28, 2000; to the Com- uty Administrator of the Environmental Urban Affairs. mittee on Agriculture, Nutrition, and For- Protection Agency, transmitting, pursuant EC–11669. A communication from the Asso- estry. to the Federal Activities Inventory Reform ciate General for Legislation and Regula- EC–11678. A communication from the Asso- Act, the report of all potential commercial tions, Office of Community Planning and De- ciate Administrator, Agricultural Marketing activities; to the Committee on Govern- velopment, Department of Housing and Service, Department of Agriculture, trans- mental Affairs. Urban Development, transmitting , pursuant mitting, pursuant to law, the report of a rule EC–11658. A communication from the Sec- to law, the report of a rule entitled ‘‘CDBG entitled ‘‘Irish Potatoes Grown in Wash- retary of Agriculture, transmitting, pursu- Program Regulations on Pre-Award Costs ington; Exemption from Handling and As- ant to the Inspector General Act, the report and New Housing Construction’’ (RIN2506– sessment Regulations for Potatoes Shipped covering the six-month period which ended C06) (FR–4559–F–01) received on November 27, for Experimental Shipments’’ (Docket Num- September 30, 2000; to the Committee on 2000; to the Committee on Banking, Housing, ber FV00–046–1 IFR) received on November Governmental Affairs. and Urban Affairs. 28, 2000; to the Committee on Agriculture, EC–11659. A communication from the Sec- EC–11670. A communication from the Asso- Nutrition, and Forestry. retary of Labor, transmitting, pursuant to ciate General for Legislation and Regula- EC–11679. A communication from the Asso- the Inspector General Act, the semiannual tions, Office of Housing, Department of ciate Administrator, Dairy Programs, De- report for the period April 1, 2000 through Housing and Urban Development, transmit- partment of Agriculture, transmitting, pur- September 30, 2000; to the Committee on ting, pursuant to law, the report of a rule en- suant to law, the report of a rule entitled Governmental Affairs. titled ‘‘Manufactured Home Construction ‘‘Milk in the Tennessee Valley Marketing EC–11660. A communication from the Di- and Safety Standards: Manufactured Home Area; Termination’’ (Docket Number DA–01– rector of the Regulations Policy and Man- Tires; Amendment of HUD Interpretative 01) received on November 28, 2000; to the agement Staff, Department of Health and Bulletin J–1–76’’ (FR–4559–F–01) received on Committee on Agriculture, Nutrition, and Human Services, transmitting, pursuant to November 27, 2000; to the Committee on Forestry. law, the report of a rule entitled ‘‘Biological Banking, Housing, and Urban Affairs. EC–11680. A communication from the Asso- Product; Reporting of Biological Product De- EC–11671. A communication from the Dep- ciate Administrator, Agricultural Marketing viations in Manufacturing’’ (Docket No. 97N– uty Secretary of the Division of Market Reg- Service, Department of Agriculture, trans- 0242) received on November 27, 2000; to the ulation, U.S. Securities and Exchange Com- mitting, pursuant to law, the report of a rule Committee on Health, Education, Labor, and mission , transmitting, pursuant to law, the entitled ‘‘Papayas Grown in Hawaii; Re- Pensions. report of a rule entitled ‘‘Amendments to the moval of Suspension Regarding Grade, In- EC–11661. A communication from the Sec- Options Price Reporting Authority spection, and Related Reporting Require- retary of Education, transmitting, pursuant (‘‘OPRA’’) Plan for Reporting Consolidated ments’’ (Docket Number FV00–928–1 FR) re- to law, the report relative to the provision of Last Sale Reports and Quotation Informa- ceived on November 28, 2000; to the Com- a free appropriate public education for all tion to establish a formula to allocate the mittee on Agriculture, Nutrition, and For- children and youth with disabilities; to the message capacity of the OPRA system estry. Committee on Health, Education, Labor, and among the participant exchanges during EC–11681. A communication from the Con- Pensions. peak usage periods’’ (RIN3235–AH92) received gressional Review Coordinator, Animal and EC–11662. A communication from the As- on November 28, 2000; to the Committee on Plant Health Inspection Service, Department sistant Attorney General for Administra- Banking, Housing, and Urban Affairs. of Agriculture, transmitting, pursuant to

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.000 S05DE0 26288 CONGRESSIONAL RECORD—SENATE December 5, 2000 law, the report of a rule entitled ‘‘Animal Media Bureau, Federal Communications Law, United States Coast Guard, Depart- Welfare; Perimeter Fence Requirements; Commission, transmitting, pursuant to law, ment of Transportation, transmitting, pur- Technical Amendment’’ (Docket #95–029–3) the report of a rule entitled ‘‘Amendment of suant to law, the report of a rule entitled received on November 29, 2000; to the Com- Section 73.202(b), Table of Allotments, FM ‘‘Drawbridge Regulations; Danvers River, mittee on Agriculture, Nutrition, and For- Broadcast Stations (Susquehanna, Pennsyl- MA (CGD01–00–239)’’ (RIN2115–AE47) (2000– estry. vania and Conklin, New York)’’ (MM Docket 0057) received on November 27, 2000; to the EC–11682. A communication from the Con- 99–278) received on November 27, 2000; to the Committee on Commerce, Science, and gressional Review Coordinator, Animal and Committee on Commerce, Science, and Transportation. Plant Health Inspection Service, Department Transportation. EC–11698. A communication from the Chief, of Agriculture, transmitting, pursuant to EC–11690. A communication from the Spe- Office of Regulations and Administrative law, the report of a rule entitled ‘‘Brucellosis cial Assistant to the Bureau Chief, Mass Law, United States Coast Guard, Depart- in Cattle; State and Area Classifications; Media Bureau, Federal Communications ment of Transportation, transmitting, pur- South Dakota’’ (Docket #00–103–1) received Commission, transmitting, pursuant to law, suant to law, the report of a rule entitled on November 29, 2000; to the Committee on the report of a rule entitled ‘‘Extension of ‘‘Drawbridge Regulations; Atlantic Intra- Agriculture, Nutrition, and Forestry. the Filing Requirement for Children’s Tele- coastal Waterway, Key Largo, Monroe Coun- EC–11683. A communication from the Trial vision Programming Report (FCC Form ty, FL (CGD08–001–05)’’ (RIN2115–AE47) (2000– Attorney, Federal Railroad Administration, 398)—Report and Order and Further Notice of 0058) received on November 27, 2000; to the Department of Transportation, transmitting, Proposed Rulemaking’’ (MM Docket 00–44, Committee on Commerce, Science, and pursuant to law, the report of a rule entitled FCC 00–343) received on November 27, 2000; to Transportation. ‘‘Annual Adjustment of Monetary Threshold the Committee on Commerce, Science, and EC–11699. A communication from the Chief, for Reporting Rail Equipment Accidents/In- Transportation. Office of Regulations and Administrative cidents’’ (RIN2130–AB30) received on Novem- EC–11691. A communication from the Spe- Law, United States Coast Guard, Depart- ment of Transportation, transmitting, pur- ber 16, 2000; to the Committee on Commerce, cial Assistant to the Bureau Chief, Mass suant to law, the report of a rule entitled Science, and Transportation. Media Bureau, Federal Communications ‘‘Safety/Security Zone Regulations; EC–11684. A communication from the Act- Commission, transmitting, pursuant to law, Wrangell Narrows, Petersburg, AK (COTP ing Assistant Administrator of the National the report of a rule entitled ‘‘Amendment of Southeast Alaska 00–016)’’ (RIN2115–AA97) Ocean Service, Department of Commerce, Section 73.202(b), Table of Allotments, FM (2000–0091) received on November 27, 2000; to transmitting, pursuant to law, the report of Broadcast Stations (Greenwood and Mauldin, the Committee on Commerce, Science, and a rule entitled ‘‘Federal Register Notice— South Carolina)’’ (MM Docket 99–313) re- Transportation. Coastal Services Center Broad Area An- ceived on November 27, 2000; to the Com- EC–11700. A communication from the Chief, nouncement Fiscal Year 2001 Programs’’ re- mittee on Commerce, Science, and Transpor- Office of Regulations and Administrative ceived on November 17, 2000; to the Com- tation. Law, United States Coast Guard, Depart- mittee on Commerce, Science, and Transpor- EC–11692. A communication from the Sen- ment of Transportation, transmitting, pur- tation. ior Counsel for Dispute Resolution, Office of suant to law, the report of a rule entitled EC–11685. A communication from the Dep- the Secretary of Transportation, transmit- ‘‘Safety/Security Zone Regulations; Coastal uty Assistant Administrator for Fisheries, ting, pursuant to law, the report of a rule en- Waters Adjacent to Florida (CGD07–00–091)’’ National Marine Fisheries Service, Depart- titled ‘‘Interim Statement of Policy of Alter- (RIN2115–AA97) (2000–0092) received on No- ment of Commerce, transmitting, pursuant native Dispute Resolution’’ (RIN2105–AC94) vember 27, 2000; to the Committee on Com- to law, the report of a rule entitled ‘‘Fish- received on November 27, 2000; to the Com- merce, Science, and Transportation. eries of the Exclusive Economic Zone Off mittee on Commerce, Science, and Transpor- EC–11701. A communication from the Dep- Alaska—Final Rule to Implement Amend- tation. uty Assistant Administrator for Fisheries, ment 59 to the Fishery Management Plan for EC–11693. A communication from the Chief, National Marine Fisheries Service, Depart- Groundfish of the Gulf of Alaska (Sitka Pin- Office of Regulations and Administrative ment of Commerce, transmitting, pursuant nacles Marine Reserve)’’ (RIN0648–AK74) re- Law, United States Coast Guard, Depart- to law, the report of a rule entitled ‘‘Fish- ceived on November 17, 2000; to the Com- ment of Transportation, transmitting, pur- eries Off West Coast States and in the West- mittee on Commerce, Science, and Transpor- suant to law, the report of a rule entitled ern Pacific; Hawaii-based Pelagic Longline tation. ‘‘Licensing and Manning for Officers of Tow- Area Closure; Emergency Rule’’ (RIN0648– EC–11686. A communication from the Spe- ing Vessels (USCG–1999–6224)’’ (RIN2115– AO66) received on November 27, 2000; to the cial Assistant to the Bureau Chief, Mass AF23) (2000–0001) received on November 27, Committee on Commerce, Science, and Media Bureau, Federal Communications 2000; to the Committee on Commerce, Transportation. Commission, transmitting, pursuant to law, Science, and Transportation. EC–11702. A communication from the Dep- the report of a rule entitled ‘‘Amendment of EC–11694. A communication from the Chief, uty Assistant Administrator for Fisheries, Section 73.202(b), Table of Allotments, FM Office of Regulations and Administrative National Marine Fisheries Service, Depart- Broadcast Stations (Detroit, Howe, Jacks- Law, United States Coast Guard, Depart- ment of Commerce, transmitting, pursuant boro, Lewisville, Gainesville, Robinson, Cor- ment of Transportation, transmitting, pur- to law, the report of a rule entitled ‘‘Fish- sicana and Mineral Wells, TX, and Antlers suant to law, the report of a rule entitled eries of the Exclusive Economic Zone Off and Hugo, OK)’’ (MM Docket No. 97–26 and ‘‘Regatta Regulations; SLR: Charleston Alaska—Final Rule to Reduce Observer Ex- MM Docket No. 97–91) received on November Christmas Parade of Boats, Charleston Har- perience Requirements in the Western Alas- 27, 2000; to the Committee on Commerce, bor, SC (CGD08–00–107)’’ (RIN2115–AE46) ka Community Development Quota Fish- Science, and Transportation. (2000–0018) received on November 27, 2000; to eries’’ (RIN0648–AM53) received on November EC–11687. A communication from the Spe- the Committee on Commerce, Science, and 27, 2000; to the Committee on Commerce, cial Assistant to the Bureau Chief, Mass Transportation. Science, and Transportation. Media Bureau, Federal Communications EC–11695. A communication from the Chief, EC–11703. A communication from the Dep- Commission, transmitting, pursuant to law, Office of Regulations and Administrative uty Assistant Administrator for Fisheries, the report of a rule entitled ‘‘Amendment of Law, United States Coast Guard, Depart- National Marine Fisheries Service, Depart- Section 73.202(b), Table of Allotments, FM ment of Transportation, transmitting, pur- ment of Commerce, transmitting, pursuant Broadcast Stations (Rantoul, Gilman, Illi- suant to law, the report of a rule entitled to law, the report of a rule entitled ‘‘Fish- nois)’’ (MM Docket No. 98–214; RM–9353 RM– ‘‘Drawbridge Regulations; Hutchinson River, eries off West Coast States and in the West- 9568) received on November 27, 2000; to the Eastchester Creek, NY (CGD01–00–243)’’ ern Pacific; Pacific Coast Groundfish Fish- Committee on Commerce, Science, and (RIN2115–AE47) (2000–0055) received on No- ery; Whiting Closure for the Catcher/Proc- Transportation. vember 27, 2000; to the Committee on Com- essor Sector’’ received on November 27, 2000; EC–11688. A communication from the Spe- merce, Science, and Transportation. to the Committee on Commerce, Science, cial Assistant to the Bureau Chief, Mass EC–11696. A communication from the Chief, and Transportation. Media Bureau, Federal Communications Office of Regulations and Administrative EC–11704. A communication from the Dep- Commission, transmitting, pursuant to law, Law, United States Coast Guard, Depart- uty Assistant Administrator for Fisheries, the report of a rule entitled ‘‘Amendment of ment of Transportation, transmitting, pur- National Marine Fisheries Service, Depart- Section 73.202(b), Table of FM Allotments, suant to law, the report of a rule entitled ment of Commerce, transmitting, pursuant FM Broadcast Stations (New Richmond, Wis- ‘‘Drawbridge Regulations; Harlem River, to law, the report of a rule entitled ‘‘Fish- consin, Coon Rapids and Moose Lake, Min- Newtown Creek, NY (CGD01–00–223)’’ eries Off West Coast States and in the West- nesota)’’ (MM Docket 00–37) received on No- (RIN2115–AE47) (2000–0056) received on No- ern Pacific; Coastal Pelagic Species Fish- vember 27, 2000; to the Committee on Com- vember 27, 2000; to the Committee on Com- eries; Closure of the Directed Fishery for Pa- merce, Science, and Transportation. merce, Science, and Transportation. cific Mackerel’’ received on November 27, EC–11689. A communication from the Spe- EC–11697. A communication from the Chief, 2000; to the Committee on Commerce, cial Assistant to the Bureau Chief, Mass Office of Regulations and Administrative Science, and Transportation.

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.001 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26289 EC–11705. A communication from the Asso- ‘‘Final Approval and Promulgation of Imple- mental Protection Agency, transmitting, ciate Bureau Chief, Wireless Telecommuni- mentation Plans; California State Imple- pursuant to law, the report of a rule entitled cations Bureau, Federal Communications mentation Plan Revision, Ventura County ‘‘Hydrogen Peroxide; Exemption from the Commission, transmitting, pursuant to law, Air Pollution District’’ (FRL #6875–8) re- Requirement of a Tolerance’’ (FRL #6748–5) the report of a rule entitled ‘‘The Develop- ceived on December 1, 2000; to the Committee received on November 30, 2000; to the Com- ment of Operational Technical and Spectrum on Environment and Public Works. mittee on Environment and Public Works. Requirements For Meeting Federal, State EC–11715. A communication from the Fish- EC–11724. A communication from the Ad- and Local Public Safety Agency Commission eries Biologist, Candidate Plus Team Leader, ministrator and Executive Vice President, Requirements Through the Year 2010; Estab- Office of Protected Resources, Department of Farm Service Agency, Department of Agri- lishment of Rules and Requirements for Pri- Commerce, transmitting, pursuant to law, culture, transmitting, pursuant to law, the ority Access Service’’ (WT Docket 96–86, FCC the report of a rule entitled ‘‘Endangered report of a rule entitled ‘‘Final Rule—2000 00–348) received on November 27, 2000; to the and Threatened Species; Final Endangered Marketing Quota and Price Support for Bur- Committee on Commerce, Science, and Status for a Distinct Population Segment of ley Tobacco’’ (RIN0560–AF85) received on De- Transportation. Anadromous Atlantic Salmon (Salmo salar) cember 4, 2000; to the Committee on Agri- EC–11706. A communication from the Asso- in the Gulf of Maine’’ (RIN0648–XA39) re- culture, Nutrition, and Forestry. ciate Bureau Chief, Wireless Telecommuni- ceived on December 1, 2000; to the Committee EC–11725. A communication from the Asso- cations Bureau, Federal Communications on Environment and Public Works. ciate Administrator of the Livestock and Commission, transmitting, pursuant to law, EC–11716. A communication from the Dep- Seed Program, Department of Agriculture, the report of a rule entitled ‘‘First Report uty Associate Administrator of the Environ- transmitting, pursuant to law, the report of and Order and Further Notice of Proposed mental Protection Agency, transmitting, a rule entitled ‘‘Livestock Mandatory Re- Rulemaking in WT Docket No. 99–217, Fifth pursuant to law, the report of a rule entitled porting’’ (RIN0581–AB64) received on the De- Report and Order and Memorandum Opinion ‘‘Approval and Promulgation of Implementa- cember 4, 2000; to the Committee on Agri- and Order in CC Docket No. 96–98, and fourth tion Plans; Texas; Control of Emissions of culture, Nutrition, and Forestry. Report and Order and Memorandum Opinion Volatile Organic Compounds from Batch EC–11726. A communication from the Act- and Order in CC Docket No. 88–57’’ (FCC 00– Processes, Industrial Wastewater and Serv- ing Deputy Executive Secretary to the De- 366, WT Docket No. 99–217) received on No- ice Stations’’ (FRL #6913–4) received on De- partment of Heath and Human Services, vember 27, 2000; to the Committee on Com- cember 4, 2000; to the Committee on Environ- transmitting, pursuant to law, the report of merce, Science, and Transportation. ment and Public Works. a rule entitled ‘‘Prospective Payment Sys- EC–11707. A communication from the Asso- EC–11717. A communication from the Di- tem for Hospital Outpatient Services’’ ciate Administrator for Procurement, Na- rector of the Office of Congressional Affairs, (RIN0938–AI56) received on November 2, 2000; tional Aeronautics and Space Administra- Nuclear Material Safety and Safeguards, Nu- to the Committee on Finance. tion, transmitting, pursuant to law, the re- clear Regulatory Commission, transmitting, EC–11727. A communication from the Chief, port of a rule entitled ‘‘Risk Management’’; pursuant to law, the report of a rule entitled Regulations Unit, Internal Revenue Service, to the Committee on Commerce, Science, ‘‘List of Approved Spent Fuel Storage Casks: Department of the Treasury, transmitting, and Transportation. TN–32 Revision’’ (RIN3150–AG66) received on pursuant to law, the report of a rule entitled EC–11708. A communication from the Sec- December 4, 2000; to the Committee on Envi- ‘‘2000 Base Period T-Bill Rate’’ (RR–118248– retary of the Senate, transmitting, pursuant ronment and Public Works. 00) received on November 27, 2000; to the EC–11718. A communication from the Di- to law, the report of the receipts and expend- Committee on Finance. rector of the Regulations Policy and Man- EC–11728. A communication from the Chief, itures of the Senate for the period April 1, agement Staff, Department of Health and Regulations Unit, Internal Revenue Service, 2000 through September 30, 2000; ordered to Human Services, transmitting, pursuant to Department of the Treasury, transmitting, lie on the table. law, the report of a rule entitled ‘‘Uniform pursuant to law, the report of a rule entitled EC–11709. A communication from the Ad- Compliance Date for Food Labeling Regula- ‘‘Disclosure of Return Information to the ministrator of the Small Business Adminis- tions’’ (Docket No. 00N–1596) received on De- Bureau of the Census (TD 8908)’’ (RIN1545– tration, transmitting, a draft of proposed cember 1, 2000; to the Committee on Health, AV84) received on November 30, 2000; to the legislation entitled ‘‘8(a) Sole Source Au- Education, Labor, and Pensions. Committee on Finance. thority’’; to the Committee on Small Busi- EC–11719. A communication from the Ad- EC–11729. A communication from the Chief, ness. ministrator of the Office of Workforce Secu- Regulations Unit, Internal Revenue Service, EC–11710. A communication from the Regu- rity, Employment and Training Administra- Department of the Treasury, transmitting, lations Officer of the Federal Highway Ad- tion, Department of Labor, transmitting, pursuant to law, the report of a rule entitled ministration, Department of Transportation, pursuant to law, the report of a rule entitled ‘‘Market Segment Specialization Program transmitting, pursuant to law, the report of ‘‘Unemployment Insurance Program Letter Audit Techniques Guide—Auto Dealerships’’ a rule entitled ‘‘Utilities’’ (RIN2125–AE68) re- 04–01—Payment of Compensation and Timeli- received on November 30, 2000; to the Com- ceived on November 30, 2000; to the Com- ness of Determinations During a Continued mittee on Finance. mittee on Environment and Public Works. Claim Series’’ received on December 1, 2000; EC–11730. A communication from the Chief, EC–11711. A communication from the Dep- to the Committee on Health, Education, Regulations Unit, Internal Revenue Service, uty Associate Administrator of the Environ- Labor, and Pensions. Department of the Treasury, transmitting, mental Protection Agency, transmitting, EC–11720. A communication from the Sec- pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled retary of Health and Human Services, trans- ‘‘Balance Due and Refund Anticipation ‘‘Acquisition Regulation: Business Owner- mitting, pursuant to law, the annual report Loans Under Subsection 7216’’ (Notice 2000– ship Representation’’ (FRL #6912–2) received for the fiscal year 1996 projects; to the Com- 64) received on November 30, 2000; to the on November 30, 2000; to the Committee on mittee on Health, Education, Labor, and Committee on Finance. Environment and Public Works. Pensions. EC–11731. A communication from the Sec- EC–11712. A communication from the Dep- EC–11721. A communication from the Asso- retary of Health and Human Services, trans- uty Associate Administrator of the Environ- ciate Administrator of the Agricultural Mar- mitting, pursuant to law, the second annual mental Protection Agency, transmitting, the keting Service, Department of Agriculture, report; to the Committee on Finance. Brownsfields Project Planning Guidance; transmitting, pursuant to law, the report of EC–11732. A communication from the Chief, Volume 1: Brownsfields Assessment Overview a rule entitled ‘‘Oranges, Grapefruit, Tan- Regulations Unit, Internal Revenue Service, and Volume 2: Generic Brownsfields QAPP gerines, and Tangelos Grown in Florida and Department of the Treasury, transmitting, Boilerplate; to the Committee on Environ- Imported Grapefruit; Relaxation of the Mini pursuant to law, the report of a rule entitled ment and Public Works. Size Requirements for Red Seedless Grape- ‘‘Rev. Proc. 2000–48 Year 2001 Standard Mile- EC–11713. A communication from the As- fruit’’ (Docket Number: FV00–905–2 FR) re- age Rates’’ (Rev. Proc. 2000–48) received on sistant Secretary for Economic Develop- ceived on November 14, 2000; to the Com- December 4, 2000; to the Committee on Fi- ment, Department of Commerce, transmit- mittee on Agriculture, Nutrition, and For- nance. ting, pursuant to law, the report of a rule en- estry. EC–11733. A communication from the Chief, titled ‘‘Implementation of the Economic De- EC–11722. A communication from the Dep- Regulations Unit, Internal Revenue Service, velopment Administration Reform Act of uty Associate Administrator of the Environ- Department of the Treasury, transmitting, 1998 including Economic Adjustment Grants- mental Protection Agency, transmitting, pursuant to law, the report of a rule entitled Revolving Loan Funds’’ (RIN0610–AA62) re- pursuant to law, the report of a rule entitled ‘‘Industry Issue Resolution Pilot Program’’ ceived December 1, 2000; to the Committee on ‘‘Peroxyacetic Acid; Exemption From the (Notice 2000–65, 2000–52 I.R.B.) received on Environment and Public Works. Requirement of a Tolerance’’ (FRL #6748–6) December 4, 2000; to the Committee on Fi- EC–11714. A communication from the Dep- received on November 30, 2000; to the Com- nance. uty Associate Administrator of the Environ- mittee on Environment and Public Works. EC–11734. A communication from the Chair mental Protection Agency, transmitting, EC–11723. A communication from the Dep- of the Medicare Payment Advisory Commis- pursuant to law, the report of a rule entitled uty Associate Administrator of the Environ- sion, transmitting, pursuant to law, a report

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.001 S05DE0 26290 CONGRESSIONAL RECORD—SENATE December 5, 2000 relative to improving risk adjustment in and the power of the federal government is and second times by unanimous con- Medicare; to the Committee on Finance. strictly limited; and sent, and referred as indicated: EC–11735. A communication from the Presi- Whereas, under the United States Con- dent and Chairman of the Export-Import stitution, the states are to determine public By Mr. REID: Bank, transmitting, pursuant to law, a re- policy; and S. 3272. A bill to establish the Great Basin port involving exports to the Kingdom of Whereas, it is the duty of the judiciary to National Heritage Area, Nevada and Utah; to Thailand; to the Committee on Banking, interpret the law, not to create law; and the Committee on Energy and Natural Re- Housing, and Urban Affairs. Whereas, our present federal government sources. EC–11736. A communication from the Presi- has strayed from the intent of our founding By Mr. SCHUMER (for himself, Mr. dent and Chairman of the Export-Import fathers and the United States Constitution BROWNBACK, Mr. KENNEDY, Mr. Bank, transmitting, pursuant to law, a re- through inappropriate federal mandates; and CLELAND, Mr. KERRY, Mr. JOHNSON, port involving exports India; to the Com- Whereas, these mandates by way of stat- and Mr. LEAHY): mittee on Banking, Housing, and Urban Af- ute, rule, or judicial decision have forced S. 3273. A bill to require the Federal Elec- fairs. state governments to serve as the mere ad- tion Commission to study voting procedures EC–11737. A communication from the Leg- ministrative arm of the federal government; in Federal elections, award Voting Improve- islative and Regulatory Division, Comp- and ment Grants to States, and for other pur- troller of the Currency, Administrator of Na- Whereas, federal district courts, with the poses; to the Committee on Rules and Ad- tional Banks, transmitting, pursuant to law, acquiescence of the United States Supreme ministration. the report of a rule entitled ‘‘Assessment of Court, continue to order states to levy or in- By Mr. ALLARD (for himself, Mr. Fees; National Banks; District of Columbia crease taxes to comply with federal man- GRAMM, Mr. SARBANES, Mr. KERRY, Banks’’ (RIN1557–AB72) received on Decem- dates, in violation of the United States Con- Mr. SHELBY, Mr. SANTORUM, Mr. ber 1, 2000; to the Committee on Banking, stitution and the legislative process; and GRAMS, Mr. CAMPBELL, and Mr. Housing, and Urban Affairs. Whereas, the time has come for the people INOUYE): EC–11738. A communication from the of this nation and their elected representa- S. 3274. A bill to expand homeownership in Chairman of the Securities and Exchange tives in state government to reaffirm that the United States, and for other purposes; to Commission, transmitting, pursuant to the the authority to tax under the Constitution the Committee on Banking, Housing, and Inspector General Act, the semiannual re- of the United States is retained by the peo- Urban Affairs. port; to the Committee on Governmental Af- ple who, by their consent alone, do delegate fairs. f such power to tax explicitly to those elected EC–11739. A communication from the STATEMENTS ON INTRODUCED Chairman of the National Endowment for representatives in the legislative branch of the Arts, transmitting, pursuant to the In- government whom they choose, and that the BILLS AND JOINT RESOLUTIONS spector General Act, the semiannual report; representatives are directly responsible and By Mr. SCHUMER (for himself, accountable to those who have elected them; to the Committee on Governmental Affairs. Mr. BROWNBACK, Mr. KENNEDY, EC–11740. A communication from the and Mr. CLELAND, Mr. KERRY, Mr. Chairman of the Occupational Safety and Whereas, several states have petitioned the Health Review Commission, transmitting, United States Congress to propose an amend- JOHNSON, and Mr. LEAHY): pursuant to the Inspector General Act and ment to the Constitution of the United S. 3273. A bill to require the Federal the Federal Managers’ Financial Integrity States of America which was previously in- Election Commission to study voting Act, the report covering fiscal year 2000 ac- troduced in Congress; and procedures in Federal elections, award tivities; to the Committee on Governmental Whereas, the amendment seeks to prevent Voting Improvement Grants to States, Affairs. federal courts from levying or increasing and for other purposes; to the Com- taxes without representation of the people EC–11741. A communication from the As- mittee on Rules and Administration. sistant Secretary (Legislative Affairs), De- and against the people’s wishes; now, there- partment of State, transmitting, pursuant to fore, be it VOTING STUDY AND IMPROVEMENT ACT law, the report of a rule relative to post- Resolved by the House of Representatives, Mr. BROWNBACK. Mr. President, in poning the effective date for assessing a the Senate concurring; That the Congress of the era of the Internet, in the era of $50.00 fee for the Affidavit of Support, Form the United States is hereby memorialized to the microchip, at the dawn of the twen- amend the Constitution of the United States I–864; to the Committee on Foreign Rela- ty-first century, I am concerned that tions. and submit to the states for ratification an EC–11742. A communication from the As- amendment which adds a new article pro- the most prosperous, productive and sistant Secretary (Legislative Affairs), De- viding as follows: ‘‘Neither to instruct or inventive nation in the world conducts partment of State, transmitting, pursuant to order a state or political subdivision thereof, its elections for its highest offices in law, the report of a rule relative to incor- or an official of such a state or political sub- some areas in ways that are outdated, porating in visa regulations a complemen- division, to levy or increase taxes.’’ Be it fur- slow, inaccurate, and inaccessible to tary rule to a recent amendment of the ther many. Schedule of Fees; to the Committee on For- Resolved that a copy of this resolution be That is why, Mr. President, I rise as eign Relations. forwarded to the United States Senate, the EC–11743. A communication from the As- United States House of Representatives, and an original sponsor of the ‘‘Voting sistant Secretary (Legislative Affairs), De- to each member of the South Carolina Con- Study and Improvement Act,’’ which I partment of State, transmitting, pursuant to gressional Delegation. am proud to introduce today with my law, the report of a rule relative to estab- f colleague CHUCK SCHUMER of New York. lishing a new effective date for the phase-in The long national nightmare that the of a new procedure for payment of certain NOMINATIONS DISCHARGED 2000 Presidential election has become immigrant visa fees; to the Committee on Pursuant to a unanimous consent Foreign Relations. has taught us, Republican and Demo- agreement of December 5, 2000, the fol- crat alike, that we need to improve the f lowing nominations were discharged instruments of voting and the means of PETITIONS AND MEMORIALS from the Committee on Foreign Rela- electing our federal office holders. The following petitions and memo- tions. Both rural and urban areas have rials were laid before the Senate and DEPARTMENT OF STATE unique difficulties not only with acces- referred or ordered to lie on the table Larry Carp, of Missouri, to be an Alter- sibility to voting, but also in funding as indicated: native Representative of the United States improvements in their voting systems. POM–640. A resolution adopted by the of America to the Fifty-fifth Session of the A rural State like Kansas has problems House of the General Assembly of the Com- General Assembly of the United Nations. with voting that are different than monwealth of Pennsylvania relative to tim- Jay T. Snyder, of New York, to be a Rep- those faced by a State such as New ber harvesting; to the Committee on Agri- resentative of the United States of America to the Fifty-fifth Session of the General As- York. Our legislation recognizes these culture, Nutrition, and Forestry. differences, and will allow each State POM–641. A concurrent resolution adopted sembly of the United Nations. by the House of the Legislature of the State f to implement the changes they believe of South Carolina relative to taxes; to the are best for them. What is the best sys- Committee on the Judiciary. INTRODUCTION OF BILLS AND tem for voting in Kansas may not be JOINT RESOLUTIONS CONCURRENT RESOLUTION the best system for voting in New Whereas, separation of powers is funda- The following bills and joint resolu- York. What is the best system for vot- mental to the United States Constitution tions were introduced, read the first ing in some parts of Kansas may not be

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.001 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26291 the best system for voting in another This legislation reflects a bipartisan individuals by consolidating and re- part of Kansas. and bicameral agreement on the hous- forming HUD programs. That is why CHUCK SCHUMER and I ing legislation that should be enacted While there is much that remains to can agree to sponsor this legislation before the close of this Congress. Also be done on this legislation, I am together today, and that is why we joining as cosponsors are Senators pleased that a number of the provisions agree that something must be done. I RICHARD SHELBY, RICK SANTORUM, ROD included in S. 2968 have been enacted or am pleased to rise with CHUCK SCHUMER GRAMS, BEN NIGHTHORSE CAMPBELL, are included in today’s introduced leg- today to introduce the Voting Study and DANIEL INOUYE. islation. and Improvement Act. This legislation is the product of ne- An extension of the simplified FHA This is the first bipartisan attempt gotiations that have taken place be- downpayment calculation was included to provide grant money to States to tween the House and Senate over the in the fiscal year 2001 VA–HUD appro- implement alternate means and instru- past several months. It has been intro- priations bill, and today’s legislation ments of voting that provide swifter duced in the House of Representatives permits Section 8 funds to be used for and more accurate results, and are less today, and if all goes well, it will be ap- home ownership downpayment assist- susceptible to partisan interference proved by both Houses and delivered to ance. It allows for the use of Section 8 and differences of opinion the President within the next several assistance in grandfamily housing as- Let me be clear: unlike some legisla- days. sistance with HOME funds, provides as- tion that has been introduced in this In addition to housing provisions, sistance for self-help housing providers, regard, this is not a federal mandate of this legislation also includes a number and includes several improvements in election standards. We provide the of regulatory relief provisions, banking the rural housing programs at the De- means to States to implement the and housing reporting requirements, partment of Agriculture. changes that they deem are most fit- and several items related to the Fed- I also note that tax legislation is cur- ting for their unique needs. eral Reserve. An explanation of each rently pending that includes signifi- In addition, unlike some other legis- provision is included in the section-by- cant increases in the caps of both the lation that is being proposed in this section that follows my comments. low-income housing tax credit and pri- area, we do not create a new federal This legislation includes important vate activity bond programs. If we do agency or bureaucracy. We use the ex- home ownership, rural housing, elderly not get this legislation enacted this isting expertise and personnel of the housing, disabled housing, and housing year, I will continue to work hard with Federal Election Commission to study affordability barrier removal provi- my colleagues to get this done in the possible improvements to our current sions. This bill also includes the Manu- 107th Congress. voting system, and make recommenda- factured Housing Improvement Act Early in this session of Congress, the tions for changes. Given the magnitude of controversy championed by Senator SHELBY, provi- Subcommittee on Housing and Trans- surrounding the 2000 Presidential elec- sions dealing with Native American portation set out to modernize the tion, it is tempting to create a new housing sponsored by my Colorado col- standards for manufactured housing. agency with new powers to solve these league, Senator BEN NIGHTHORSE CAMP- On October 5, 1999, the subcommittee problems. Given these problems, it is BELL, and Native Hawaiian provisions held a comprehensive hearing on the also tempting to create a federalized sponsored by Senator DANIEL INOUYE. proposed manufactured housing legis- system of voting for federal elections. This legislation also includes the Pri- lation. This legislation worked its way vate Mortgage Insurance Technical through the Senate in 1999 under the However, Senator CHUCK SCHUMER and I believe these decisions are best left to Corrections and Clarification Act leadership of Senator SHELBY. The the individual States to decide. States which clarifies a number of provisions House included similar legislation in a are as different as my home State of enacted by the 105th Congress to ad- broader housing bill, and we have now dress the issue of private mortgage in- reached agreement between the two Kansas is from CHUCK’s home State of New York, and they are the ones who surance cancellation and termination. Chambers on the compromise legisla- Nearly 2 years ago, I became chair- can best decide how to improve their tion. man of the Banking Committee’s Sub- This is a tremendous achievement own voting systems. I encourage my colleagues to join committee on Housing and Transpor- that will contribute significantly to an tation. My priority during this time increase in the amount of affordable Senator SCHUMER and myself in sup- porting this common-sense, bipartisan has been congressional oversight of the housing in our communities. I know legislation, and help bring our nation’s Department of Housing and Urban De- from my work in Colorado that this elections into the twenty-first century. velopment. During the 106th Congress, will have a positive impact on the af- our subcommittee held 19 hearings. fordable housing shortage in my State. By Mr. ALLARD (for himself, Mr. Twelve of these hearings dealt specifi- Today’s legislation includes several GRAMM, Mr. SARBANES, Mr. cally with HUD oversight. I have also provisions to encourage the removal of KERRY, Mr. SHELBY, Mr. made a point to develop a legislative regulatory barriers to affordable hous- SANTORUM, Mr. GRAMS, Mr. agenda that focuses on innovative ap- ing. While this is largely a State and CAMPBELL, and Mr. INOUYE): proaches to increase the supply of af- local issue, there are steps that can be S. 3274. A bill to expand homeowner- fordable housing. taken at the Federal level to help en- ship in the United States, and for other Our subcommittee held a number of sure that government at all levels does purposes; to the Committee on Bank- hearings to review legislative proposals not put excessive fees, permits, and ing, Housing, and Urban Affairs. on affordable housing, manufactured regulations in place that drive up the AMERICAN HOMEOWNERSHIP AND ECONOMIC housing, homelessness, elderly and dis- cost of housing. In many cases these OPPORTUNITY ACT OF 2000 abled housing, and the Federal Housing barriers move housing beyond the Mr. ALLARD. Mr. President, today I Administration mortgage insurance means of working families. I know this am introducing the Senate version of program. is an important issue for homebuilders the American Homeownership and Eco- While we have not been able to do ev- in Colorado and throughout the Na- nomic Opportunity Act of 2000, which erything we would like in the 106th tion. is now at the desk. It is S. 3274. Congress, I am pleased that this legis- As chairman, I will continue to work I am pleased that this legislation is lative package I am introducing today with local government and housing ad- cosponsored by both the chairman and reflects significant progress on a num- vocacy organizations during the 107th ranking member of the Banking Com- ber of housing initiatives. Congress to discourage and remove reg- mittee, Senators PHIL GRAMM and On July 26, 2000, I introduced the ulatory barriers to affordable housing. PAUL SARBANES, as well as the ranking Local Housing Opportunities Act, S. It has been my pleasure to work with member of the Housing subcommittee, 2968, which reflects a long-term ap- Senator RICK SANTORUM on a number of Senator JOHN KERRY. proach to empower communities and important provisions to improve the

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.001 S05DE0 26292 CONGRESSIONAL RECORD—SENATE December 5, 2000 Section 202 and Section 811 programs. Subtitle B—Native Hawaiian Housing PART 3—OTHER PROVISIONS Today’s legislation reflects a com- Sec. 511. Short title. Sec. 851. Service coordinators. promise we have negotiated on pro- Sec. 512. Findings. Subtitle D—Preservation of Affordable posals designed to expand housing op- Sec. 513. Housing assistance. Housing Stock Sec. 514. Loan guarantees. portunities for the elderly and persons Sec. 861. Section 236 assistance. TITLE VI—MANUFACTURED HOUSING with disabilities. These provisions re- TITLE IX—OTHER RELATED HOUSING IMPROVEMENT authorize both programs through fiscal PROVISIONS Sec. 601. Short title; references. year 2003, permit the refinancing of Sec. 901. Extension of loan term for manu- Sec. 602. Findings and purposes. program loans, permit for-profit lim- factured home lots. ited partnerships, mixed funding Sec. 603. Definitions. Sec. 604. Federal manufactured home con- Sec. 902. Use of section 8 vouchers for opt- sources, and certain commercial activi- struction and safety standards. outs. ties designed to increase the viability Sec. 605. Abolishment of National Manufac- Sec. 903. Maximum payment standard for of elderly and disabled housing pro- tured Home Advisory Council; enhanced vouchers. grams. The legislation also authorizes manufactured home installa- Sec. 904. Use of section 8 assistance by service coordinators and congregate tion. ‘‘grand-families’’ to rent dwell- ing units in assisted projects. services for elderly and disabled hous- Sec. 606. Public information. ing. Sec. 607. Research, testing, development, TITLE X—FEDERAL RESERVE BOARD PROVISIONS Mr. President, I ask unanimous con- and training. Sec. 608. Prohibited acts. sent that a section-by-section descrip- Sec. 1001. Federal Reserve Board buildings. Sec. 609. Fees. Sec. 1002. Positions of Board of Governors of tion of the bill, along with the full text Sec. 610. Dispute resolution. the Federal Reserve System on of the bill, be printed in the RECORD. Sec. 611. Elimination of annual reporting re- the Executive schedule. And I thank all my colleagues who quirement. Sec. 1003. Amendments to the Federal Re- have helped to put this legislative Sec. 612. Effective date. serve Act. package together. Sec. 613. Savings provisions. TITLE XI—BANKING AND HOUSING There being no objection, the mate- TITLE VII—RURAL HOUSING AGENCY REPORTS rial was ordered to be printed in the HOMEOWNERSHIP Sec. 1101. Short title. RECORD, as follows: Sec. 701. Guarantees for refinancing of rural Sec. 1102. Preservation of certain reporting S. 3274 housing loans. requirements. Sec. 702. Promissory note requirement under Be it enacted by the Senate and House of Rep- Sec. 1103. Coordination of reporting require- housing repair loan program. resentatives of the United States of America in ments. Sec. 703. Limited partnership eligibility for Congress assembled, Sec. 1104. Elimination of certain reporting farm labor housing loans. requirements. Sec. 704. Project accounting records and TITLE XII—FINANCIAL REGULATORY SECTION 1. SHORT TITLE AND TABLE OF CON- practices. TENTS. RELIEF Sec. 705. Definition of rural area. (a) SHORT TITLE.—This Act may be cited as Sec. 706. Operating assistance for migrant Sec. 1200. Short title. the ‘‘American Homeownership and Eco- farmworkers projects. Subtitle A—Improving Monetary Policy and nomic Opportunity Act of 2000’’. Sec. 707. Multifamily rental housing loan Financial Institution Management Practices (b) TABLE OF CONTENTS.—The table of con- guarantee program. tents for this Act is as follows: Sec. 1201. Repeal of savings association li- Sec. 708. Enforcement provisions. Sec. 1. Short title and table of contents. quidity provision. Sec. 709. Amendments to title 18 of United Sec. 1202. Noncontrolling investments by TITLE I—REMOVAL OF BARRIERS TO States Code. savings association holding HOUSING AFFORDABILITY TITLE VIII—HOUSING FOR ELDERLY AND companies. Sec. 101. Short title. DISABLED FAMILIES Sec. 1203. Repeal of deposit broker notifica- Sec. 102. Grants for regulatory barrier re- Sec. 801. Short title. tion and recordkeeping require- moval strategies. Sec. 802. Regulations. ment. Sec. 103. Regulatory barriers clearinghouse. Sec. 803. Effective date. Sec. 1204. Expedited procedures for certain TITLE II—HOMEOWNERSHIP FOR reorganizations. Subtitle A—Refinancing for Section 202 WORKING FAMILIES Sec. 1205. National bank directors. Supportive Housing for the Elderly Sec. 201. Home equity conversion mortgages. Sec. 1206. Amendment to National Bank Sec. 202. Assistance for self-help housing Sec. 811. Prepayment and refinancing. Consolidation and Merger Act. providers. Subtitle B—Authorization of Appropriations Sec. 1207. Loans on or purchases by institu- TITLE III—SECTION 8 HOMEOWNERSHIP for Supportive Housing for the Elderly and tions of their own stock; affili- OPTION Persons With Disabilities ations. Sec. 821. Supportive housing for elderly per- Sec. 1208. Purchased mortgage servicing Sec. 301. Downpayment assistance. rights. Sec. 302. Pilot program for homeownership sons. assistance for disabled families. Sec. 822. Supportive housing for persons Subtitle B—Streamlining Activities of Sec. 303. Funding for pilot programs. with disabilities. Institutions Sec. 823. Service coordinators and con- TITLE IV—PRIVATE MORTGAGE INSUR- Sec. 1211. Call report simplification. gregate services for elderly and ANCE CANCELLATION AND TERMI- Subtitle C—Streamlining Agency Actions disabled housing. NATION Sec. 1221. Elimination of duplicative disclo- Subtitle C—Expanding Housing Opportuni- Sec. 401. Short title. sure of fair market value of as- ties for the Elderly and Persons With Dis- Sec. 402. Changes in amortization schedule. sets and liabilities. abilities Sec. 403. Deletion of ambiguous references Sec. 1222. Payment of interest in receiver- to residential mortgages. PART 1—HOUSING FOR THE ELDERLY ships with surplus funds. Sec. 404. Cancellation rights after cancella- Sec. 831. Eligibility of for-profit limited Sec. 1223. Repeal of reporting requirement tion date. partnerships. on differences in accounting Sec. 405. Clarification of cancellation and Sec. 832. Mixed funding sources. standards. termination issues and lender Sec. 833. Authority to acquire structures. Sec. 1224. Extension of time. paid mortgage insurance disclo- Sec. 834. Use of project reserves. Subtitle D—Technical Corrections sure requirements. Sec. 835. Commercial activities. Sec. 406. Definitions. Sec. 1231. Technical correction relating to PART 2—HOUSING FOR PERSONS WITH deposit insurance funds. TITLE V—NATIVE AMERICAN DISABILITIES Sec. 1232. Rules for continuation of deposit HOMEOWNERSHIP Sec. 841. Eligibility of for-profit limited insurance for member banks Subtitle A—Native American Housing partnerships. converting charters. Sec. 501. Lands title report commission. Sec. 842. Mixed funding sources. Sec. 1233. Amendments to the Revised Stat- Sec. 502. Loan guarantees. Sec. 843. Tenant-based assistance. utes of the United States. Sec. 503. Native American housing assist- Sec. 844. Use of project reserves. Sec. 1234. Conforming change to the Inter- ance. Sec. 845. Commercial activities. national Banking Act of 1978.

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0655 E:\BR00\S05DE0.001 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26293 TITLE I—REMOVAL OF BARRIERS TO (B) in paragraph (1)— mortgagee of a mortgage insured under this HOUSING AFFORDABILITY (i) by striking ‘‘, including’’ and inserting subsection, provide to the mortgagor, within SEC. 101. SHORT TITLE. ‘‘(including’’; and an appropriate time period and in a manner This title may be cited as the ‘‘Housing Af- (ii) by inserting before the semicolon at established in such regulations, a good faith fordability Barrier Removal Act of 2000’’. the end the following: ‘‘), and the prevalence estimate of: (A) the total cost of the refi- SEC. 102. GRANTS FOR REGULATORY BARRIER and effects on affordable housing of such nancing; and (B) the increase in the mortga- REMOVAL STRATEGIES. laws, regulations, and policies’’; gor’s principal limit as measured by the esti- (a) AUTHORIZATION OF APPROPRIATIONS.— (C) in paragraph (2), by inserting before the mated initial principal limit on the mort- Subsection (a) of section 1204 of the Housing semicolon the following: ‘‘, including par- gage to be insured under this subsection less and Community Development Act of 1992 (42 ticularly innovative or successful activities, the current principal limit on the home eq- U.S.C. 12705c(a)) is amended to read as fol- strategies, and plans’’; and uity conversion mortgage that is being refi- lows: (D) in paragraph (3), by inserting before nanced and insured under this subsection. ‘‘(a) FUNDING.—There is authorized to be the period at the end the following: ‘‘, in- ‘‘(3) WAIVER OF COUNSELING REQUIREMENT.— appropriated for grants under subsections (b) cluding particularly innovative or successful The mortgagor under a mortgage insured and (c) such sums as may be necessary for strategies, activities, and plans’’; under this subsection may waive the applica- each of fiscal years 2001, 2002, 2003, 2004, and (2) in subsection (b)— bility, with respect to such mortgage, of the 2005.’’. (A) in paragraph (1), by striking ‘‘and’’ at requirements under subsection (d)(2)(B) (re- (b) CONSOLIDATION OF STATE AND LOCAL the end; lating to third party counseling), but only GRANTS.—Subsection (b) of section 1204 of (B) in paragraph (2), by striking the period if— the Housing and Community Development at the end and inserting ‘‘; and’’; and ‘‘(A) the mortgagor has received the disclo- Act of 1992 (42 U.S.C. 12705c(b)) is amended— (C) by adding at the end the following new sure required under paragraph (2); (1) in the subsection heading, by striking paragraph: ‘‘(B) the increase in the principal limit de- ‘‘STATE GRANTS’’ and inserting ‘‘GRANT AU- ‘‘(3) by making available through a World scribed in paragraph (2) exceeds the amount THORITY’’; Wide Web site of the Department, by elec- of the total cost of refinancing (as described (2) in the matter preceding paragraph (1), tronic mail, or otherwise, provide to each in such paragraph) by an amount to be deter- by inserting after ‘‘States’’ the following: housing agency of a unit of general local mined by the Secretary; and ‘‘and units of general local government (in- government that serves an area having a ‘‘(C) the time between the closing of the cluding consortia of such governments)’’; population greater than 100,000, an index of original home equity conversion mortgage (3) in paragraph (3), by striking ‘‘a State all State and local strategies and plans sub- that is refinanced through the mortgage in- program to reduce State and local’’ and in- mitted under subsection (a) to the clearing- sured under this subsection and the applica- serting ‘‘State, local, or regional programs house, which— tion for a refinancing mortgage insured to reduce’’; ‘‘(A) shall describe the types of barriers to under this subsection does not exceed 5 (4) in paragraph (4), by inserting ‘‘or local’’ affordable housing that the strategy or plan years. after ‘‘State’’; and was designed to ameliorate or remove; and ‘‘(4) CREDIT FOR PREMIUMS PAID.—Notwith- (5) in paragraph (5), by striking ‘‘State’’. ‘‘(B) shall, not later than 30 days after sub- standing section 203(c)(2)(A), the Secretary (c) REPEAL OF LOCAL GRANTS PROVISION.— mission to the clearinghouse of any new may reduce the amount of the single pre- Section 1204 of the Housing and Community strategy or plan, be updated to include the mium payment otherwise collected under Development Act of 1992 (42 U.S.C. 12705c) is new strategy or plan submitted.’’; and such section at the time of the insurance of amended by striking subsection (c). (3) by adding at the end the following new a mortgage refinanced and insured under (d) APPLICATION AND SELECTION.—The last subsections: this subsection. The amount of the single sentence of section 1204(e) of the Housing and ‘‘(c) ORGANIZATION.—The clearinghouse premium for mortgages refinanced under Community Development Act of 1992 (42 under this section shall be established within this subsection shall be determined by the U.S.C. 12705c(e)) is amended— the Office of Policy Development of the De- Secretary based on the actuarial study re- (1) by striking ‘‘and for the selection of partment of Housing and Urban Development quired under paragraph (5). units of general local government to receive and shall be under the direction of the As- ‘‘(5) ACTUARIAL STUDY.—Not later than 180 grants under subsection (f)(2)’’; and sistant Secretary for Policy Development days after the date of the enactment of the (2) by inserting before the period at the end and Research. American Homeownership and Economic Op- the following: ‘‘and such criteria shall re- ‘‘(d) TIMING.—The clearinghouse under this portunity Act of 2000, the Secretary shall quire that grant amounts be used in a man- section (as amended by section 103 of the conduct an actuarial analysis to determine ner consistent with the strategy contained Housing Affordability Barrier Removal Act the adequacy of the insurance premiums col- in the comprehensive housing affordability of 2000) shall be established and commence lected under the program under this sub- strategy for the jurisdiction pursuant to sec- carrying out the functions of the clearing- section with respect to— tion 105(b)(4) of the Cranston-Gonzalez Na- house under this section not later than 1 ‘‘(A) a reduction in the single premium tional Affordable Housing Act’’. year after the date of the enactment of such payment collected at the time of the insur- (e) SELECTION OF GRANTEES.—Subsection (f) Act. The Secretary of Housing and Urban De- ance of a mortgage refinanced and insured of section 1204 of the Housing and Commu- velopment may comply with the require- under this subsection; nity Development Act of 1992 (42 U.S.C. ments under this section by reestablishing ‘‘(B) the establishment of a single national 12705c(f)) is amended to read as follows: the clearinghouse that was originally estab- limit on the benefits of insurance under sub- ‘‘(f) SELECTION OF GRANTEES.—To the ex- lished to comply with this section and updat- section (g) (relating to limitation on insur- tent amounts are made available to carry ing and improving such clearinghouse to the ance authority); and out this section, the Secretary shall provide extent necessary to comply with the require- ‘‘(C) the combined effect of reduced insur- grants on a competitive basis to eligible ments of this section as in effect pursuant to ance premiums and a single national limita- grantees based on the proposed uses of such the enactment of such Act.’’. tion on insurance authority. amounts, as provided in applications under TITLE II—HOMEOWNERSHIP FOR ‘‘(6) FEES.—The Secretary may establish a subsection (e).’’. WORKING FAMILIES limit on the origination fee that may be (f) TECHNICAL AMENDMENTS.—Section SEC. 201. HOME EQUITY CONVERSION MORT- charged to a mortgagor under a mortgage in- 107(a)(1) of the Housing and Community De- GAGES. sured under this subsection, except that such velopment Act of 1974 (42 U.S.C. 5307(a)(1)) is (a) INSURANCE FOR MORTGAGES TO REFI- limitation shall provide that the origination amended— NANCE EXISTING HECMS.— fee may be fully financed with the mortgage (1) in subparagraph (G), by inserting ‘‘and’’ (1) IN GENERAL.—Section 255 of the Na- and shall include any fees paid to cor- after the semicolon at the end; tional Housing Act (12 U.S.C. 1715z–20) is respondent mortgagees approved by the Sec- (2) by striking subparagraph (H); and amended— retary.’’. (3) by redesignating subparagraph (I) as (A) by redesignating subsection (k) as sub- (2) REGULATIONS.—The Secretary shall subparagraph (H). section (m); and issue any final regulations necessary to im- SEC. 103. REGULATORY BARRIERS CLEARING- (B) by inserting after subsection (j) the fol- plement the amendments made by paragraph HOUSE. lowing new subsection: (1) of this subsection, which shall take effect Section 1205 of the Housing and Commu- ‘‘(k) INSURANCE AUTHORITY FOR not later than the expiration of the 180-day nity Development Act of 1992 (42 U.S.C. REFINANCINGS.— period beginning on the date of the enact- 12705d) is amended— ‘‘(1) IN GENERAL.—The Secretary may, upon ment of this Act. The regulations shall be (1) in subsection (a)— application by a mortgagee, insure under issued after notice and opportunity for pub- (A) in the matter preceding paragraph (1), this subsection any mortgage given to refi- lic comment in accordance with the proce- by striking ‘‘receive, collect, process, and as- nance an existing home equity conversion dure under section 553 of title 5, United semble’’ and inserting ‘‘serve as a national mortgage insured under this section. States Code, applicable to substantive rules repository to receive, collect, process, as- ‘‘(2) ANTI-CHURNING DISCLOSURE.—The Sec- (notwithstanding subsections (a)(2), (b)(B), semble, and disseminate’’; retary shall, by regulation, require that the and (d)(3) of such section).

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(b) HOUSING COOPERATIVES.—Section 255(b) (2) APPLICABILITY.—The provisions of sec- (d) TECHNICAL CORRECTIONS.—Section 11 of of the National Housing Act (12 U.S.C. 1715z– tion 255(l) of the National Housing Act (as the Housing Opportunity Program Extension 20(b)) is amended— added by paragraph (1) of this subsection) Act of 1996 (42 U.S.C. 12805 note) is amended— (1) in paragraph (2), by striking ‘‘ ‘mort- shall apply only to mortgages closed on or (1) in subsection (b)(4), by striking ‘‘Habi- gage’,’’; and after April 1, 2001. tat for Humanity International, its affili- (2) by adding at the end the following new (d) STUDY OF SINGLE NATIONAL MORTGAGE ates, and other’’; and paragraphs: LIMIT.—The Secretary of Housing and Urban (2) in subsection (e)(2), by striking ‘‘(4) MORTGAGE.—The term ‘mortgage’ Development shall conduct an actuarially ‘‘consoria’’ and inserting ‘‘consortia’’. means a first mortgage or first lien on real based study of the effects of establishing, for TITLE III—SECTION 8 HOMEOWNERSHIP estate, in fee simple, on all stock allocated mortgages insured under section 255 of the OPTION to a dwelling in a residential cooperative National Housing Act (12 U.S.C. 1715z–20), a SEC. 301. DOWNPAYMENT ASSISTANCE. single maximum mortgage amount limita- housing corporation, or on a leasehold— (a) AMENDMENTS.—Section 8(y) of the ‘‘(A) under a lease for not less than 99 tion in lieu of applicability of section United States Housing Act of 1937 (42 U.S.C. years that is renewable; or 203(b)(2) of such Act (12 U.S.C. 1709(b)(2)). The 1437f(y)) is amended— ‘‘(B) under a lease having a period of not study shall— (1) by redesignating paragraph (7) as para- less than 10 years to run beyond the matu- (1) examine the effects of establishing such graph (8); and rity date of the mortgage. limitation at different dollar amounts; and (2) by inserting after paragraph (6) the fol- ‘‘(5) FIRST MORTGAGE.—The term ‘first (2) examine the effects of such various lim- lowing new paragraph: mortgage’ means such classes of first liens as itations on— ‘‘(7) DOWNPAYMENT ASSISTANCE.— are commonly given to secure advances on, (A) the risks to the General Insurance ‘‘(A) AUTHORITY.—A public housing agency or the unpaid purchase price of, real estate Fund established under section 519 of such may, in lieu of providing monthly assistance or all stock allocated to a dwelling unit in a Act; payments under this subsection on behalf of residential cooperative housing corporation, (B) the mortgage insurance premiums that a family eligible for such assistance and at under the laws of the State in which the real would be required to be charged to mortga- the discretion of the public housing agency, estate or dwelling unit is located, together gors to ensure actuarial soundness of such provide assistance for the family in the form with the credit instruments, if any, secured Fund; and of a single grant to be used only as a con- thereby.’’. (C) take into consideration the various ap- tribution toward the downpayment required (c) WAIVER OF UP-FRONT PREMIUMS FOR proaches to providing credit to borrowers in connection with the purchase of a dwell- MORTGAGES USED TO FUND LONG-TERM CARE who refinance home equity conversion mort- ing for fiscal year 2000 and each fiscal year INSURANCE.— gages insured under section 255 of such Act. thereafter to the extent provided in advance (1) IN GENERAL.—Section 255 of the Na- Not later than 180 days after the date of the in appropriations Acts. tional Housing Act (12 U.S.C. 1715z–20) is enactment of this Act, the Secretary shall ‘‘(B) AMOUNT.—The amount of a downpay- amended by inserting after subsection (k) (as complete the study under this subsection ment grant on behalf of an assisted family added by subsection (a) of this section) the and submit a report describing the study and may not exceed the amount that is equal to following new subsection: the results of the study to the Committee on the sum of the assistance payments that Banking and Financial Services of the House ‘‘(l) WAIVER OF UP-FRONT PREMIUMS FOR would be made during the first year of assist- of Representatives and to the Committee on MORTGAGES TO FUND LONG-TERM CARE INSUR- ance on behalf of the family, based upon the Banking, Housing, and Urban Affairs of the ANCE.— income of the family at the time the grant is Senate. ‘‘(1) IN GENERAL.—In the case of any mort- to be made.’’. gage insured under this section under which SEC. 202. ASSISTANCE FOR SELF-HELP HOUSING (b) EFFECTIVE DATE.—The amendments the total amount (except as provided in para- PROVIDERS. made by subsection (a) shall take effect im- (a) REAUTHORIZATION.—Subsection (p) of graph (2)) of all future payments described in mediately after the amendments made by section 11 of the Housing Opportunity Pro- subsection (b)(3) will be used only for costs of section 555(c) of the Quality Housing and gram Extension Act of 1996 (42 U.S.C. 12805 a qualified long-term care insurance con- Work Responsibility Act of 1998 take effect note) is amended to read as follows: tract that covers the mortgagor or members pursuant to such section. ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.— SEC. 302. PILOT PROGRAM FOR HOMEOWNER- of the household residing in the property There are authorized to be appropriated to that is subject to the mortgage, notwith- SHIP ASSISTANCE FOR DISABLED carry out this section such sums as may be FAMILIES. standing section 203(c)(2), the Secretary shall necessary for fiscal year 2001.’’. (a) IN GENERAL.—A public housing agency not charge or collect the single premium (b) ELIGIBLE EXPENSES.—Section 11(d)(2)(A) providing tenant-based assistance on behalf payment otherwise required under subpara- of the Housing Opportunity Program Exten- of an eligible family under section 8 of the graph (A) of such section to be paid at the sion Act of 1996 (42 U.S.C. 12805 note) is United States Housing Act of 1937 (42 U.S.C. time of insurance. amended by inserting before the period at 1437f) may provide assistance for a disabled ‘‘(2) AUTHORITY TO REFINANCE EXISTING the end the following: ‘‘, which may include family that purchases a dwelling unit (in- MORTGAGE AND FINANCE CLOSING COSTS.—A reimbursing an organization, consortium, or cluding a dwelling unit under a lease-pur- mortgage described in paragraph (1) may affiliate, upon approval of any required envi- chase agreement) that will be owned by one provide financing of amounts that are used ronmental review, for nongrant amounts of or more members of the disabled family and to satisfy outstanding mortgage obligations the organization, consortium, or affiliate ad- will be occupied by the disabled family, if (in accordance with such limitations as the vanced before such review to acquire land’’. the disabled family— Secretary shall prescribe) and any amounts (c) DEADLINE FOR RECAPTURE OF FUNDS.— (1) purchases the dwelling unit before the used for initial service charges, appraisal, in- Section 11 of the Housing Opportunity Pro- expiration of the 3-year period beginning on spection, and other fees (as approved by the gram Extension Act of 1996 (42 U.S.C. 12805 the date that the Secretary first implements Secretary) in connection with such mort- note) is amended— the pilot program under this section; gage, and the amount of future payments de- (1) in subsection (i)(5)— (2) demonstrates that the disabled family scribed in subsection (b)(3) under the mort- (A) by striking ‘‘if the organization or con- has income from employment or other gage shall be reduced accordingly. sortia has not used any grant amounts’’ and sources (including public assistance), as de- ‘‘(3) DEFINITION.—For purposes of this sub- inserting ‘‘the Secretary shall recapture any termined in accordance with requirements of section, the term ‘qualified long-term care grant amounts provided to the organization the Secretary, that is not less than twice the insurance contract’ has the meaning given or consortia that are not used’’; payment standard established by the public such term in section 7702B of the Internal (B) by striking ‘‘(or,’’ and inserting ‘‘, ex- housing agency (or such other amount as Revenue Code of 1986 (26 U.S.C. 7702B)), ex- cept that such period shall be 36 months’’; may be established by the Secretary); cept that such contract shall also meet the and (3) except as provided by the Secretary, requirements of— (C) by striking ‘‘within 36 months), the demonstrates at the time the disabled family ‘‘(A) sections 9 (relating to disclosure), 24 Secretary shall recapture such unused initially receives tenant-based assistance (relating to suitability), and 26 (relating to amounts’’ and inserting ‘‘and in the case of under this section that one or more adult contingent nonforfeiture) of the long-term a grant amounts provided to a local affiliate members of the disabled family have care insurance model regulation promul- of the organization or consortia that is de- achieved employment for the period as the gated by the National Association of Insur- veloping five or more dwellings in connec- Secretary shall require; ance Commissioners (as adopted as of Sep- tion with such grant amounts’’; and (4) participates in a homeownership and tember 2000); and (2) in subsection (j), by inserting after housing counseling program provided by the ‘‘(B) section 8 (relating to contingent non- ‘‘carry out this section’’ the following: ‘‘and agency; and forfeiture) of the long-term care insurance grant amounts provided to a local affiliate of (5) meets any other initial or continuing model Act promulgated by the National As- the organization or consortia that is devel- requirements established by the public hous- sociation of Insurance Commissioners (as oping five or more dwellings in connection ing agency in accordance with requirements adopted as of September 2000).’’. with such grant amounts’’. established by the Secretary.

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(b) DETERMINATION OF AMOUNT OF ASSIST- payments under this section directly to the (c) MATCHING REQUIREMENT.—The amount ANCE.— mortgagee of the dwelling unit purchased by of assistance made available under this sec- (1) IN GENERAL.— the disabled family receiving such assistance tion for any existing homeownership pilot (A) MONTHLY EXPENSES NOT EXCEEDING PAY- payments. program may not exceed twice the amount MENT STANDARD.—If the monthly home- (f) INAPPLICABILITY OF CERTAIN PROVI- donated from sources other than this section ownership expenses, as determined in accord- SIONS.—Assistance under this section shall for use under the program for assistance de- ance with requirements established by the not be subject to the requirements of the fol- scribed in subsection (b). Amounts donated Secretary, do not exceed the payment stand- lowing provisions: from other sources may include amounts ard, the monthly assistance payment shall (1) Subsection (c)(3)(B) of section 8 of the from State housing finance agencies and be the amount by which the homeownership United States Housing Act of 1937. Neighborhood Housing Services of America. expenses exceed the highest of the following (2) Subsection (d)(1)(B)(i) of section 8 of the TITLE IV—PRIVATE MORTGAGE INSUR- amounts, rounded to the nearest dollar: United States Housing Act of 1937. ANCE CANCELLATION AND TERMI- (i) 30 percent of the monthly adjusted in- (3) Any other provisions of section 8 of the NATION come of the disabled family. United States Housing Act of 1937 governing (ii) 10 percent of the monthly income of the maximum amounts payable to owners and SEC. 401. SHORT TITLE. This title may be cited as the ‘‘Private disabled family. amounts payable by assisted families. Mortgage Insurance Technical Corrections (iii) If the disabled family is receiving pay- (4) Any other provisions of section 8 of the and Clarification Act’’. ments for welfare assistance from a public United States Housing Act of 1937 concerning agency, and a portion of those payments, ad- contracts between public housing agencies SEC. 402. CHANGES IN AMORTIZATION SCHED- ULE. justed in accordance with the actual housing and owners. (a) TREATMENT OF ADJUSTABLE RATE MORT- costs of the disabled family, is specifically (5) Any other provisions of the United GAGES.—The Homeowners Protection Act of designated by that agency to meet the hous- States Housing Act of 1937 that are incon- 1998 (12 U.S.C. 4901 et seq.) is amended— ing costs of the disabled family, the portion sistent with the provisions of this section. (1) in section 2— of those payments that is so designated. (g) REVERSION TO RENTAL STATUS.— (A) in paragraph (2)(B)(i), by striking ‘‘am- (B) MONTHLY EXPENSES EXCEED PAYMENT (1) NON-FHA MORTGAGES.—If a disabled fam- ortization schedules’’ and inserting ‘‘the am- STANDARD.—If the monthly homeownership ily receiving assistance under this section expenses, as determined in accordance with defaults under a mortgage not insured under ortization schedule then in effect’’; requirements established by the Secretary, the National Housing Act, the disabled fam- (B) in paragraph (16)(B), by striking ‘‘am- exceed the payment standard, the monthly ily may not continue to receive rental assist- ortization schedules’’ and inserting ‘‘the am- assistance payment shall be the amount by ance under section 8 of the United States ortization schedule then in effect’’; which the applicable payment standard ex- Housing Act of 1937 unless it complies with (C) by redesignating paragraphs (6) ceeds the highest of the amounts under requirements established by the Secretary. through (16) (as amended by the preceding provisions of this paragraph) as paragraphs clauses (i), (ii), and (iii) of subparagraph (A). (2) ALL MORTGAGES.—A disabled family re- (2) CALCULATION OF AMOUNT.— ceiving assistance under this section that de- (8) through (18), respectively; and (A) LOW-INCOME FAMILIES.—A disabled fam- faults under a mortgage may not receive as- (D) by inserting after paragraph (5) the fol- ily that is a low-income family shall be eligi- sistance under this section for occupancy of lowing new paragraph: ble to receive 100 percent of the amount cal- another dwelling unit owned by 1 or more ‘‘(6) AMORTIZATION SCHEDULE THEN IN EF- culated under paragraph (1). members of the disabled family. FECT.—The term ‘amortization schedule then in effect’ means, with respect to an adjust- (B) INCOME BETWEEN 81 AND 89 PERCENT OF (3) EXCEPTION.—This subsection shall not MEDIAN.—A disabled family whose income is apply if the Secretary determines that the able rate mortgage, a schedule established at between 81 and 89 percent of the median for disabled family receiving assistance under the time at which the residential mortgage the area shall be eligible to receive 66 per- this section defaulted under a mortgage due transaction is consummated or, if such cent of the amount calculated under para- to catastrophic medical reasons or due to the schedule has been changed or recalculated, is graph (1). impact of a federally declared major disaster the most recent schedule under the terms of (C) INCOME BETWEEN 90 AND 99 PERCENT OF or emergency. the note or mortgage, which shows— MEDIAN.—A disabled family whose income is (h) REGULATIONS.—Not later than 90 days ‘‘(A) the amount of principal and interest between 90 and 99 percent of the median for after the date of the enactment of this Act, that is due at regular intervals to retire the the area shall be eligible to receive 33 per- the Secretary shall issue regulations to im- principal balance and accrued interest over cent of the amount calculated under para- plement this section. Such regulations may the remaining amortization period of the graph (1). not prohibit any public housing agency pro- loan; and (D) INCOME MORE THAN 99 PERCENT OF ME- viding tenant-based assistance on behalf of ‘‘(B) the unpaid balance of the loan after DIAN.—A disabled family whose income is an eligible family under section 8 of the each such scheduled payment is made.’’; and more than 99 percent of the median for the United States Housing Act of 1937 from par- (2) in section 3(f)(1)(B)(ii), by striking ‘‘am- area shall not be eligible to receive assist- ticipating in the pilot program under this ortization schedules’’ and inserting ‘‘the am- ance under this section. section. ortization schedule then in effect’’. (c) INSPECTIONS AND CONTRACT CONDI- (i) DEFINITION OF DISABLED FAMILY.—For (b) TREATMENT OF BALLOON MORTGAGES.— TIONS.— the purposes of this section, the term ‘‘dis- Paragraph (1) of section 2 of the Homeowners (1) IN GENERAL.—Each contract for the pur- abled family’’ has the meaning given the Protection Act of 1998 (12 U.S.C. 4901(1)) is chase of a dwelling unit to be assisted under term ‘‘person with disabilities’’ in section amended by adding at the end the following this section shall— 811(k)(2) of the Cranston-Gonzalez National new sentence: ‘‘A residential mortgage that (A) provide for pre-purchase inspection of Affordable Housing Act (42 U.S.C. 8013(k)(2)). (A) does not fully amortize over the term of the dwelling unit by an independent profes- SEC. 303. FUNDING FOR PILOT PROGRAMS. the obligation, and (B) contains a condi- sional; and (a) AUTHORIZATION OF APPROPRIATIONS.— tional right to refinance or modify the (B) require that any cost of necessary re- There is authorized to be appropriated such unamortized principal at the maturity date pairs be paid by the seller. sums as may be necessary for fiscal year 2001 of the term, shall be considered to be an ad- (2) ANNUAL INSPECTIONS NOT REQUIRED.— for assistance in connection with the exist- justable rate mortgage for purposes of this The requirement under subsection ing homeownership pilot programs carried Act.’’. (o)(8)(A)(ii) of section 8 of the United States out under the demonstration program au- (c) TREATMENT OF LOAN MODIFICATIONS.— Housing Act of 1937 for annual inspections thorized under to section 555(b) of the Qual- (1) IN GENERAL.—Section 3 of the Home- shall not apply to dwelling units assisted ity Housing and Work Responsibility Act of owners Protection Act of 1998 (12 U.S.C. 4902) under this section. 1998 (Public Law 105–276; 112 Stat. 2613). is amended— (d) OTHER AUTHORITY OF THE SECRETARY.— (b) USE.—Subject to subsection (c), (A) by redesignating subsections (d) The Secretary may— amounts made available pursuant to this through (f) as subsections (e) through (g), re- (1) limit the term of assistance for a dis- section shall be used only through such spectively; and abled family assisted under this section; homeownership pilot programs to provide, on (B) by inserting after subsection (c) the fol- (2) provide assistance for a disabled family behalf of families participating in such pro- lowing new subsection: for the entire term of a mortgage for a dwell- grams, amounts for downpayments in con- ‘‘(d) TREATMENT OF LOAN MODIFICATIONS.— ing unit if the disabled family remains eligi- nection with dwellings purchased by such If a mortgagor and mortgagee (or holder of ble for such assistance for such term; and families using assistance made available the mortgage) agree to a modification of the (3) modify the requirements of this section under section 8(y) of the United States Hous- terms or conditions of a loan pursuant to a as the Secretary determines to be necessary ing Act of 1937 (42 U.S.C. 1437f(y)). No such residential mortgage transaction, the can- to make appropriate adaptations for lease- downpayment grant may exceed 20 percent of cellation date, termination date, or final ter- purchase agreements. the appraised value of the dwelling pur- mination shall be recalculated to reflect the (e) ASSISTANCE PAYMENTS SENT TO LEND- chased with assistance under such section modified terms and conditions of such ER.—The Secretary shall remit assistance 8(y). loan.’’.

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(2) CONFORMING AMENDMENTS.—Section 4(a) (2) in subsection (e)(1)(B) (as so redesig- cipal residence of the mortgagor, such term of the Homeowners Protection Act of 1998 (12 nated by the preceding provisions of this means only the appraised value relied upon U.S.C. 4903(a)) is amended— title), by striking ‘‘subsection (a)(3)’’ and in- by the mortgagee to approve the refinance (A) in paragraph (1)— serting ‘‘subsection (a)(4)’’. transaction.’’. (i) in the matter preceding subparagraph SEC. 405. CLARIFICATION OF CANCELLATION (d) PRINCIPAL RESIDENCE.—Section 2 of the (A), by striking ‘‘section 3(f)(1)’’ and insert- AND TERMINATION ISSUES AND Homeowners Protection Act of 1998 (12 U.S.C. ing ‘‘section 3(g)(1)’’; LENDER PAID MORTGAGE INSUR- ANCE DISCLOSURE REQUIREMENTS. 4901) is amended— (ii) in subparagraph (A)(ii)(IV), by striking (1) in paragraph (14) (as so redesignated by (a) GOOD PAYMENT HISTORY.—Section 2(4) ‘‘section 3(f)’’ and inserting ‘‘section 3(g)’’; the preceding provisions of this title) by and of the Homeowners Protection Act of 1998 (12 U.S.C. 4901(4)) is amended— striking ‘‘primary’’ and inserting ‘‘prin- (iii) in subparagraph (B)(iii), by striking cipal’’; and ‘‘section 3(f)’’ and inserting ‘‘section 3(g)’’; (1) in subparagraph (A)— (A) by inserting ‘‘the later of (i)’’ before (2) in paragraph (15) (as so redesignated by and the preceding provisions of this title) by (B) in paragraph (2), by striking ‘‘section ‘‘the date’’; and (B) by inserting ‘‘, or (ii) the date that the striking ‘‘primary’’ and inserting ‘‘prin- 3(f)(1)’’ and inserting ‘‘section 3(g)(1)’’. cipal’’. SEC. 403. DELETION OF AMBIGUOUS REF- mortgagor submits a request for cancellation ERENCES TO RESIDENTIAL MORT- under section 3(a)(1)’’ before the semicolon; TITLE V—NATIVE AMERICAN GAGES. and HOMEOWNERSHIP (a) TERMINATION OF PRIVATE MORTGAGE IN- (2) in subparagraph (B)— SURANCE.—Section 3 of the Homeowners Pro- (A) by inserting ‘‘the later of (i)’’ before Subtitle A—Native American Housing tection Act of 1998 (12 U.S.C. 4902) is amend- ‘‘the date’’; and SEC. 501. LANDS TITLE REPORT COMMISSION. ed— (B) by inserting ‘‘, or (ii) the date that the (1) in subsection (c), by inserting ‘‘on resi- mortgagor submits a request for cancellation (a) ESTABLISHMENT.—Subject to sums being dential mortgage transactions’’ after ‘‘im- under section 3(a)(1)’’ before the period at provided in advance in appropriations Acts, posed’’; and the end. there is established a Commission to be (2) in subsection (g) (as so redesignated by (b) AUTOMATIC TERMINATION.—Paragraph known as the Lands Title Report Commis- the preceding provisions of this title)— (2) of section 3(b) of the Homeowners Protec- sion (hereafter in this section referred to as (A) in paragraph (1), in the matter pre- tion Act of 1998 (12 U.S.C. 4902(b)(2)) is the ‘‘Commission’’) to facilitate home loan ceding subparagraph (A), by striking ‘‘mort- amended to read as follows: mortgages on Indian trust lands. The Com- gage or’’; ‘‘(2) if the mortgagor is not current on the mission will be subject to oversight by the (B) in paragraph (2), by striking ‘‘mortgage termination date, on the first day of the first Committee on Banking and Financial Serv- or’’; and month beginning after the date that the ices of the House of Representatives and the (C) in paragraph (3), by striking ‘‘mortgage mortgagor becomes current on the payments Committee on Banking, Housing, and Urban or’’ and inserting ‘‘residential mortgage or required by the terms of the residential Affairs of the Senate. mortgage transaction.’’ residential’’. (b) MEMBERSHIP.— (c) PREMIUM PAYMENTS.—Section 3 of the (b) DISCLOSURE REQUIREMENTS.—Section 4 (1) APPOINTMENT.—The Commission shall of the Homeowners Protection Act of 1998 (12 Homeowners Protection Act of 1998 (12 U.S.C. be composed of 12 members, appointed not U.S.C. 4903(a)) is amended— 4902) is amended by adding at the end the fol- later than 90 days after the date of the enact- (1) in subsection (a)— lowing new subsection: ment of this Act as follows: (A) in paragraph (1)— ‘‘(h) ACCRUED OBLIGATION FOR PREMIUM (A) Four members shall be appointed by (i) by striking ‘‘mortgage or’’ the first PAYMENTS.—The cancellation or termination the President. place it appears; and under this section of the private mortgage (B) Four members shall be appointed by (ii) by striking ‘‘mortgage or’’ the second insurance of a mortgagor shall not affect the the Chairperson of the Committee on Bank- place it appears and inserting ‘‘residential’’; rights of any mortgagee, servicer, or mort- ing and Financial Services of the House of and gage insurer to enforce any obligation of Representatives. (B) in paragraph (2), by striking ‘‘mortgage such mortgagor for premium payments ac- (C) Four members shall be appointed by or’’ and inserting ‘‘residential’’; crued prior to the date on which such can- the Chairperson of the Committee on Bank- (2) in subsection (c), by striking ‘‘para- cellation or termination occurred.’’. ing, Housing, and Urban Affairs of the Sen- graphs (1)(B) and (3) of subsection (a)’’ and SEC. 406. DEFINITIONS. ate. inserting ‘‘subsection (a)(3)’’; and (a) REFINANCED.—Section 6(c)(1)(B)(ii) of (2) QUALIFICATIONS.— (3) in subsection (d), by inserting before the Homeowners Protection Act of 1998 (12 (A) MEMBERS OF TRIBES.—At all times, not the period at the end the following: ‘‘, which U.S.C. 4905(c)(1)(B)(ii)) is amended by insert- less than eight of the members of the Com- disclosures shall relate to the mortgagor’s ing after ‘‘refinanced’’ the following: ‘‘(under mission shall be members of federally recog- rights under this Act’’. the meaning given such term in the regula- nized Indian tribes. (c) DISCLOSURE REQUIREMENTS FOR LENDER- tions issued by the Board of Governors of the (B) EXPERIENCE IN LAND TITLE MATTERS.— PAID MORTGAGE INSURANCE.—Section 6 of the Federal Reserve System to carry out the All members of the Commission shall have Homeowners Protection Act of 1998 (12 U.S.C. Truth in Lending Act (15 U.S.C. 1601 et experience in and knowledge of land title 4905) is amended— seq.))’’. matters relating to Indian trust lands. (1) in subsection (c)— (b) MIDPOINT OF THE AMORTIZATION PE- (3) CHAIRPERSON.—The Chairperson of the (A) in the matter preceding paragraph (1), RIOD.—Section 2 of the Homeowners Protec- Commission shall be one of the members of by striking ‘‘a residential mortgage or’’; and tion Act of 1998 (12 U.S.C. 4901) is amended by the Commission appointed under paragraph (B) in paragraph (2), by inserting ‘‘trans- inserting after paragraph (6) (as added by the (1)(C), as elected by the members of the Com- action’’ after ‘‘residential mortgage’’; and preceding provisions of this title) the fol- mission. (2) in subsection (d), by inserting ‘‘trans- lowing new paragraph: (4) VACANCIES.—Any vacancy on the Com- action’’ after ‘‘residential mortgage’’. ‘‘(7) MIDPOINT OF THE AMORTIZATION PE- mission shall not affect its powers, but shall SEC. 404. CANCELLATION RIGHTS AFTER CAN- RIOD.—The term ‘midpoint of the amortiza- be filled in the manner in which the original CELLATION DATE. tion period’ means, with respect to a residen- appointment was made. Section 3 of the Homeowners Protection tial mortgage transaction, the point in time (5) TRAVEL EXPENSES.—Members of the Act of 1998 (12 U.S.C. 4902) is amended— that is halfway through the period that be- Commission shall serve without pay, but (1) in subsection (a)— gins upon the first day of the amortization each member shall receive travel expenses, (A) in the matter preceding paragraph (1), period established at the time a residential including per diem in lieu of subsistence, in by inserting after ‘‘cancellation date’’ the mortgage transaction is consummated and accordance with sections 5702 and 5703 of following: ‘‘or any later date that the mort- ends upon the completion of the entire pe- title 5, United States Code. gagor fulfills all of the requirements under riod over which the mortgage is scheduled to paragraphs (1) through (4)’’; be amortized.’’. (c) INITIAL MEETING.—The Chairperson of the Commission shall call the initial meet- (B) in paragraph (2), by striking ‘‘and’’ at (c) ORIGINAL VALUE.—Section 2(12) of the the end; Homeowners Protection Act of 1998 (12 U.S.C. ing of the Commission. Such meeting shall (C) by redesignating paragraph (3) as para- 4901(10)) (as so redesignated by the preceding be held within 30 days after the Chairperson graph (4); and provisions of this title) is amended— of the Commission determines that sums suf- (D) by inserting after paragraph (2) the fol- (1) by inserting ‘‘transaction’’ after ‘‘a res- ficient for the Commission to carry out its lowing new paragraph: idential mortgage’’; and duties under this Act have been appropriated ‘‘(3) is current on the payments required by (2) by adding at the end the following new for such purpose. the terms of the residential mortgage trans- sentence: ‘‘In the case of a residential mort- (d) DUTIES.—The Commission shall analyze action; and’’; and gage transaction for refinancing the prin- the system of the Bureau of Indian Affairs of

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.001 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26297 the Department of the Interior for maintain- (1) in paragraph (5), by striking subpara- ‘‘(3) is a result of inadvertent error, includ- ing land ownership records and title docu- graph (C) and inserting the following new ing an incorrect or incomplete certification ments and issuing certified title status re- subparagraph: provided under subsection (c)(1); and ports relating to Indian trust lands and, pur- ‘‘(C) LIMITATION ON OUTSTANDING AGGRE- ‘‘(4) may be corrected through the sole ac- suant to such analysis, determine how best GATE PRINCIPAL AMOUNT.—Subject to the lim- tion of the recipient.’’. to improve or replace the system— itations in subparagraphs (A) and (B), the (e) OVERSIGHT.— (1) to ensure prompt and accurate re- Secretary may enter into commitments to (1) REPAYMENT.—Section 209 of the Native sponses to requests for title status reports; guarantee loans under this section in each American Housing Assistance and Self-De- (2) to eliminate any backlog of requests for fiscal year with an aggregate outstanding termination Act of 1996 (25 U.S.C. 4139) is title status reports; and principal amount not exceeding such amount amended to read as follows: (3) to ensure that the administration of the as may be provided in appropriation Acts for ‘‘SEC. 209. NONCOMPLIANCE WITH AFFORDABLE system will not in any way impair or restrict such fiscal year.’’; and HOUSING REQUIREMENT. the ability of Native Americans to obtain (2) in paragraph (7), by striking ‘‘each of ‘‘If a recipient uses grant amounts to pro- conventional loans for purchase of residences fiscal years 1997, 1998, 1999, 2000, and 2001’’ vide affordable housing under this title, and located on Indian trust lands, including any and inserting ‘‘each fiscal year’’. at any time during the useful life of the actions necessary to ensure that the system SEC. 503. NATIVE AMERICAN HOUSING ASSIST- housing the recipient does not comply with will promptly be able to meet future de- ANCE. the requirement under section 205(a)(2), the mands for certified title status reports, tak- Secretary shall take appropriate action (a) RESTRICTION ON WAIVER AUTHORITY.— ing into account the anticipated complexity under section 401(a).’’. (1) IN GENERAL.—Section 101(b)(2) of the (2) AUDITS AND REVIEWS.—Section 405 of the and volume of such requests. Native American Housing Assistance and (e) REPORT.—Not later than the date of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. termination of the Commission under sub- Self-Determination Act of 1996 (25 U.S.C. 4111(b)(2)) is amended by striking ‘‘if the Sec- section (h), the Commission shall submit a 4165) is amended to read as follows: retary’’ and all that follows through the pe- report to the Committee on Banking and Fi- riod at the end and inserting the following: ‘‘SEC. 405. REVIEW AND AUDIT BY SECRETARY. nancial Services of the House of Representa- ‘‘for a period of not more than 90 days, if the ‘‘(a) REQUIREMENTS UNDER CHAPTER 75 OF tives and the Committee on Banking, Hous- Secretary determines that an Indian tribe TITLE 31, UNITED STATES CODE.—An entity ing, and Urban Affairs of the Senate describ- has not complied with, or is unable to com- designated by an Indian tribe as a housing ing the analysis and determinations made ply with, those requirements due to exigent entity shall be treated, for purposes of chap- pursuant to subsection (d). circumstances beyond the control of the In- ter 75 of title 31, United States Code, as a (f) POWERS.— dian tribe.’’. non-Federal entity that is subject to the (1) HEARINGS AND SESSIONS.—The Commis- (2) LOCAL COOPERATION AGREEMENT.—Sec- audit requirements that apply to non-Fed- sion may, for the purpose of carrying out tion 101(c) of the Native American Housing eral entities under that chapter. this section, hold hearings, sit and act at Assistance and Self-Determination Act of ‘‘(b) ADDITIONAL REVIEWS AND AUDITS.— times and places, take testimony, and re- 1996 (25 U.S.C. 4111(c)) is amended by adding ‘‘(1) IN GENERAL.—In addition to any audit ceive evidence as the Commission considers at the end the following: ‘‘The Secretary or review under subsection (a), to the extent appropriate. may waive the requirements of this sub- the Secretary determines such action to be (2) STAFF OF FEDERAL AGENCIES.—Upon re- section and subsection (d) if the recipient appropriate, the Secretary may conduct an quest of the Commission, the head of any has made a good faith effort to fulfill the re- audit or review of a recipient in order to— Federal department or agency may detail, on quirements of this subsection and subsection ‘‘(A) determine whether the recipient— a reimbursable basis, any of the personnel of (d) and agrees to make payments in lieu of ‘‘(i) has carried out— that department or agency to the Commis- taxes to the appropriate taxing authority in ‘‘(I) eligible activities in a timely manner; sion to assist it in carrying out its duties an amount consistent with the requirements and under this section. of subsection (d)(2) until such time as the ‘‘(II) eligible activities and certification in (3) OBTAINING OFFICIAL DATA.—The Com- matter of making such payments has been accordance with this Act and other applica- mission may secure directly from any de- resolved in accordance with subsection (d).’’. ble law; partment or agency of the United States in- ‘‘(ii) has a continuing capacity to carry out (b) ASSISTANCE TO FAMILIES THAT ARE NOT formation necessary to enable it to carry out eligible activities in a timely manner; and LOW-INCOME.—Section 102(c) of the Native this section. Upon request of the Chairperson ‘‘(iii) is in compliance with the Indian American Housing Assistance and Self-De- of the Commission, the head of that depart- housing plan of the recipient; and termination Act of 1996 (25 U.S.C. 4112(c)) is ment or agency shall furnish that informa- ‘‘(B) verify the accuracy of information amended by adding at the end the following: tion to the Commission. contained in any performance report sub- ‘‘(6) CERTAIN FAMILIES.—With respect to as- (4) MAILS.—The Commission may use the mitted by the recipient under section 404. sistance provided under section 201(b)(2) by a United States mails in the same manner and ‘‘(2) ON-SITE VISITS.—To the extent prac- recipient to Indian families that are not low- under the same conditions as other depart- ticable, the reviews and audits conducted income families, evidence that there is a ments and agencies of the United States. under this subsection shall include on-site need for housing for each such family during (5) ADMINISTRATIVE SUPPORT SERVICES.— visits by the appropriate official of the De- that period that cannot reasonably be met Upon the request of the Commission, the Ad- partment of Housing and Urban Develop- without such assistance.’’. ministrator of General Services shall provide ment. to the Commission, on a reimbursable basis, (c) ELIMINATION OF WAIVER AUTHORITY FOR ‘‘(c) REVIEW OF REPORTS.— the administrative support services nec- SMALL TRIBES.—Section 102 of the Native ‘‘(1) IN GENERAL.—The Secretary shall pro- essary for the Commission to carry out its American Housing Assistance and Self-De- vide each recipient that is the subject of a duties under this section. termination Act of 1996 (25 U.S.C. 4112) is report made by the Secretary under this sec- (6) STAFF.—The Commission may appoint amended— tion notice that the recipient may review personnel as it considers appropriate, subject (1) by striking subsection (f); and and comment on the report during a period to the provisions of title 5, United States (2) by redesignating subsection (g) as sub- of not less than 30 days after the date on Code, governing appointments in the com- section (f). which notice is issued under this paragraph. petitive service, and shall pay such personnel (d) ENVIRONMENTAL COMPLIANCE.—Section ‘‘(2) PUBLIC AVAILABILITY.—After taking in accordance with the provisions of chapter 105 of the Native American Housing Assist- into consideration any comments of the re- 51 and subchapter III of chapter 53 of that ance and Self-Determination Act of 1996 (25 cipient under paragraph (1), the Secretary— title relating to classification and General U.S.C. 4115) is amended by adding at the end ‘‘(A) may revise the report; and Schedule pay rates. the following: ‘‘(B) not later than 30 days after the date (g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(d) ENVIRONMENTAL COMPLIANCE.—The on which those comments are received, shall There is authorized to be appropriated to Secretary may waive the requirements under make the comments and the report (with carry out this section such sums as may be this section if the Secretary determines that any revisions made under subparagraph (A)) necessary, and any amounts appropriated a failure on the part of a recipient to comply readily available to the public. pursuant to this subsection shall remain with provisions of this section— ‘‘(d) EFFECT OF REVIEWS.—Subject to sec- available until expended. ‘‘(1) will not frustrate the goals of the Na- tion 401(a), after reviewing the reports and (h) TERMINATION.—The Commission shall tional Environmental Policy Act of 1969 (42 audits relating to a recipient that are sub- terminate 1 year after the date of the initial U.S.C. 4331 et seq.) or any other provision of mitted to the Secretary under this section, meeting of the Commission. law that furthers the goals of that Act; the Secretary may adjust the amount of a SEC. 502. LOAN GUARANTEES. ‘‘(2) does not threaten the health or safety grant made to a recipient under this Act in Section 184(i) of the Housing and Commu- of the community involved by posing an im- accordance with the findings of the Sec- nity Development Act of 1992 (12 U.S.C. mediate or long-term hazard to residents of retary with respect to those reports and au- 1715z–13a(i)) is amended— that community; dits.’’.

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(f) ALLOCATION FORMULA.—Section 302(d)(1) (1) by striking ‘‘If the Secretary’’ and in- 4181(a)) is amended by adding at the end the of the Native American Housing Assistance serting the following: following: ‘‘Any housing that is the subject and Self-Determination Act of 1996 (25 U.S.C. ‘‘(1) IN GENERAL.—If the Secretary’’; of a contract for tenant-based assistance be- 4152(d)(1)) is amended— (2) by striking ‘‘(1) is not’’ and inserting tween the Secretary and an Indian housing (1) by striking ‘‘The formula,’’ and insert- the following: authority that is terminated under this sec- ing the following: ‘‘(A) is not’’; tion shall, for the following fiscal year and ‘‘(A) IN GENERAL.—Except with respect to (3) by striking ‘‘(2) is a result’’ and insert- each fiscal year thereafter, be considered to an Indian tribe described in subparagraph ing the following: be a dwelling unit under section 302(b)(1).’’. (B), the formula’’; and ‘‘(B) is a result’’; Subtitle B—Native Hawaiian Housing (2) by adding at the end the following: (4) in the flush material following para- SEC. 511. SHORT TITLE. ‘‘(B) CERTAIN INDIAN TRIBES.—With respect graph (1)(B), as redesignated by paragraph (3) This subtitle may be cited as the ‘‘Hawai- to fiscal year 2001 and each fiscal year there- of this subsection— ian Homelands Homeownership Act of 2000’’. after, for any Indian tribe with an Indian (A) by realigning such material so as to be SEC. 512. FINDINGS. housing authority that owns or operates indented 2 ems from the left margin; and The Congress finds that— fewer than 250 public housing units, the for- (B) by inserting before the period at the (1) the United States has undertaken a re- mula shall provide that if the amount pro- end the following: ‘‘, if the recipient enters sponsibility to promote the general welfare vided for a fiscal year in which the total into a performance agreement with the Sec- of the United States by— amount made available for assistance under retary that specifies the compliance objec- (A) employing its resources to remedy the this Act is equal to or greater than the tives that the recipient will be required to unsafe and unsanitary housing conditions amount made available for fiscal year 1996 achieve by the termination date of the per- and the acute shortage of decent, safe, and for assistance for the operation and mod- formance agreement’’; and sanitary dwellings for families of lower in- ernization of the public housing referred to (5) by adding at the end the following: come; and in subparagraph (A), then the amount pro- ‘‘(2) PERFORMANCE AGREEMENT.—The period (B) developing effective partnerships with vided to that Indian tribe as modernization of a performance agreement described in governmental and private entities to accom- assistance shall be equal to the average an- paragraph (1) shall be for 1 year. plish the objectives referred to in subpara- nual amount of funds provided to the Indian ‘‘(3) REVIEW.—Upon the termination of a graph (A); tribe (other than funds provided as emer- performance agreement entered into under (2) the United States has a special respon- gency assistance) under the assistance pro- paragraph (1), the Secretary shall review the sibility for the welfare of the Native peoples gram under section 14 of the United States performance of the recipient that is a party of the United States, including Native Ha- Housing Act of 1937 (42 U.S.C. 1437l) for the to the agreement. waiians; period beginning with fiscal year 1992 and ‘‘(4) EFFECT OF REVIEW.—If, on the basis of (3) pursuant to the provisions of the Ha- ending with fiscal year 1997.’’. a review under paragraph (3), the Secretary waiian Homes Commission Act, 1920 (42 Stat. (g) HEARING REQUIREMENT.—Section 401(a) determines that the recipient— 108 et seq.), the United States set aside of the Native American Housing Assistance ‘‘(A) has made a good faith effort to meet 200,000 acres of land in the Federal territory and Self-Determination Act of 1996 (25 U.S.C. the compliance objectives specified in the that later became the State of Hawaii in 4161(a)) is amended— agreement, the Secretary may enter into an order to establish a homeland for the native (1) by redesignating paragraphs (1) through additional performance agreement for the people of Hawaii—Native Hawaiians; (4) as subparagraphs (A) through (D), respec- period specified in paragraph (2); and (4) despite the intent of Congress in 1920 to tively, and realigning such subparagraphs (as ‘‘(B) has failed to make a good faith effort address the housing needs of Native Hawai- so redesignated) so as to be indented 4 ems to meet applicable compliance objectives, ians through the enactment of the Hawaiian from the left margin; the Secretary shall determine the recipient Homes Commission Act, 1920 (42 Stat. 108 et (2) by striking ‘‘Except as provided’’ and to have failed to comply substantially with seq.), Native Hawaiians eligible to reside on inserting the following: this Act, and the recipient shall be subject to the Hawaiian home lands have been fore- ‘‘(1) IN GENERAL.—Except as provided’’; an action under subsection (a).’’. closed from participating in Federal housing (3) by striking ‘‘If the Secretary takes an (i) LABOR STANDARDS.—Section 104(b) of assistance programs available to all other el- action under paragraph (1), (2), or (3)’’ and the Native American Housing Assistance and igible families in the United States; inserting the following: Self-Determination Act of 1996 (25 U.S.C. (5) although Federal housing assistance ‘‘(2) CONTINUANCE OF ACTIONS.—If the Sec- 4114(b) is amended— programs have been administered on a ra- retary takes an action under subparagraph (1) in paragraph (1), by striking ‘‘Davis- cially neutral basis in the State of Hawaii, (A), (B), or (C) of paragraph (1)’’; and Bacon Act (40 U.S.C. 276a–276a–5)’’ and insert- Native Hawaiians continue to have the (4) by adding at the end the following: ing ‘‘Act of March 3, 1931 (commonly known greatest unmet need for housing and the ‘‘(3) EXCEPTION FOR CERTAIN ACTIONS.— as the Davis-Bacon Act; chapter 411; 46 Stat. highest rates of overcrowding in the United ‘‘(A) IN GENERAL.—Notwithstanding any 1494; 40 U.S.C 276a et seq.)’’; and States; other provision of this subsection, if the Sec- (2) by adding at the end the following new (6) among the Native American population retary makes a determination that the fail- paragraph: of the United States, Native Hawaiians expe- ure of a recipient of assistance under this ‘‘(3) APPLICATION OF TRIBAL LAWS.—Para- rience the highest percentage of housing Act to comply substantially with any mate- graph (1) shall not apply to any contract or problems in the United States, as the per- rial provision (as that term is defined by the agreement for assistance, sale, or lease pur- centage— Secretary) of this Act is resulting, and would suant to this Act, if such contract or agree- (A) of housing problems in the Native Ha- continue to result, in a continuing expendi- ment is otherwise covered by one or more waiian population is 49 percent, as compared ture of Federal funds in a manner that is not laws or regulations adopted by an Indian to— authorized by law, the Secretary may take tribe that requires the payment of not less (i) 44 percent for American Indian and an action described in paragraph (1)(C) be- than prevailing wages, as determined by the Alaska Native households in Indian country; fore conducting a hearing. Indian tribe.’’. and ‘‘(B) PROCEDURAL REQUIREMENT.—If the (j) TECHNICAL AND CONFORMING AMEND- (ii) 27 percent for all other households in Secretary takes an action described in sub- MENTS.— the United States; and paragraph (A), the Secretary shall— (1) TABLE OF CONTENTS.—Section 1(b) of the (B) overcrowding in the Native Hawaiian ‘‘(i) provide notice to the recipient at the Native American Housing Assistance and population is 36 percent as compared to 3 time that the Secretary takes that action; Self-Determination Act of 1996 (25 U.S.C. 4101 percent for all other households in the and note) is amended in the table of contents— United States; ‘‘(ii) conduct a hearing not later than 60 (A) by striking the item relating to section (7) among the Native Hawaiian population, days after the date on which the Secretary 206; and the needs of Native Hawaiians, as that term provides notice under clause (i). (B) by striking the item relating to section is defined in section 801 of the Native Amer- ‘‘(C) DETERMINATION.—Upon completion of 209 and inserting the following: ican Housing Assistance and Self-Determina- a hearing under this paragraph, the Sec- ‘‘209. Noncompliance with affordable housing tion Act of 1996 (as added by this subtitle), retary shall make a determination regarding requirement.’’. eligible to reside on the Hawaiian Home whether to continue taking the action that (2) CERTIFICATION OF COMPLIANCE WITH SUB- Lands are the most severe, as— is the subject of the hearing, or take another SIDY LAYERING REQUIREMENTS.—Section 206 of (A) the percentage of overcrowding in Na- action under this subsection.’’. the Native American Housing Assistance and tive Hawaiian households on the Hawaiian (h) PERFORMANCE AGREEMENT TIME Self-Determination Act of 1996 (25 U.S.C. Home Lands is 36 percent; and LIMIT.—Section 401(b) of the Native Amer- 4136) is repealed. (B) approximately 13,000 Native Hawaiians, ican Housing Assistance and Self-Determina- (3) TERMINATIONS.—Section 502(a) of the which constitute 95 percent of the Native Ha- tion Act of 1996 (25 U.S.C. 4161(b)) is amend- Native American Housing Assistance and waiians who are eligible to reside on the Ha- ed— Self-Determination Act of 1996 (25 U.S.C. waiian Home Lands, are in need of housing;

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.001 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26299 (8) applying the Department of Housing (A) the Native American Programs Act of ‘‘TITLE VIII—HOUSING ASSISTANCE FOR and Urban Development guidelines— 1974 (42 U.S.C. 2291 et seq.); NATIVE HAWAIIANS (A) 70.8 percent of Native Hawaiians who (B) the American Indian Religious Free- ‘‘SEC. 801. DEFINITIONS. either reside or who are eligible to reside on dom Act (42 U.S.C. 1996 et seq.); the Hawaiian Home Lands have incomes that (C) the National Museum of the American ‘‘In this title: fall below the median family income; and Indian Act (20 U.S.C. 80q et seq.); ‘‘(1) DEPARTMENT OF HAWAIIAN HOME LANDS; (B) 50 percent of Native Hawaiians who ei- (D) the Native American Graves Protection DEPARTMENT.—The term ‘Department of Ha- ther reside or who are eligible to reside on and Repatriation Act (25 U.S.C. 3001 et seq.); waiian Home Lands’ or ‘Department’ means the Hawaiian Home Lands have incomes (E) the National Historic Preservation Act the agency or department of the government below 30 percent of the median family in- (16 U.S.C. 470 et seq.); of the State of Hawaii that is responsible for come; (F) the Native American Languages Act of the administration of the Hawaiian Homes 1 Commission Act, 1920 (42 Stat. 108 et seq.). (9) ⁄3 of those Native Hawaiians who are el- 1992 (106 Stat. 3434); igible to reside on the Hawaiian Home Lands (G) the American Indian, Alaska Native ‘‘(2) DIRECTOR.—The term ‘Director’ means pay more than 30 percent of their income for and Native Hawaiian Culture and Arts Devel- the Director of the Department of Hawaiian shelter, and 1⁄2 of those Native Hawaiians opment Act (20 U.S.C. 4401 et seq.); Home Lands. face overcrowding; (H) the Job Training Partnership Act (29 ‘‘(3) ELDERLY FAMILIES; NEAR-ELDERLY FAM- (10) the extraordinarily severe housing U.S.C. 1501 et seq.); and ILIES.— needs of Native Hawaiians demonstrate that (I) the Older Americans Act of 1965 (42 ‘‘(A) IN GENERAL.—The term ‘elderly fam- Native Hawaiians who either reside on, or U.S.C. 3001 et seq.); and ily’ or ‘near-elderly family’ means a family are eligible to reside on, Hawaiian Home (15) in the area of housing, the United whose head (or his or her spouse), or whose Lands have been denied equal access to Fed- States has recognized and reaffirmed the po- sole member, is— eral low-income housing assistance programs litical relationship with the Native Hawaiian ‘‘(i) for an elderly family, an elderly per- available to other qualified residents of the people through— son; or United States, and that a more effective (A) the enactment of the Hawaiian Homes ‘‘(ii) for a near-elderly family, a near-elder- means of addressing their housing needs Commission Act, 1920 (42 Stat. 108 et seq.), ly person. must be authorized; which set aside approximately 200,000 acres ‘‘(B) CERTAIN FAMILIES INCLUDED.—The (11) consistent with the recommendations of public lands that became known as Hawai- term ‘elderly family’ or ‘near-elderly family’ of the National Commission on American In- ian Home Lands in the Territory of Hawaii includes— dian, Alaska Native, and Native Hawaiian that had been ceded to the United States for ‘‘(i) two or more elderly persons or near-el- Housing, and in order to address the con- homesteading by Native Hawaiians in order derly persons, as the case may be, living to- tinuing prevalence of extraordinarily severe to rehabilitate a landless and dying people; gether; and housing needs among Native Hawaiians who (B) the enactment of the Act entitled ‘‘An ‘‘(ii) one or more persons described in either reside or are eligible to reside on the Act to provide for the admission of the State clause (i) living with one or more persons de- Hawaiian Home Lands, Congress finds it nec- of Hawaii into the Union’’, approved March termined under the housing plan to be essen- essary to extend the Federal low-income 18, 1959 (73 Stat. 4)— tial to their care or well-being. housing assistance available to American In- (i) by ceding to the State of Hawaii title to ‘‘(4) HAWAIIAN HOME LANDS.—The term ‘Ha- dians and Alaska Natives under the Native the public lands formerly held by the United waiian Home Lands’ means lands that— American Housing Assistance and Self-De- States, and mandating that those lands be ‘‘(A) have the status as Hawaiian home termination Act of 1996 (25 U.S.C. 4101 et held in public trust, for the betterment of lands under section 204 of the Hawaiian seq.) to those Native Hawaiians; the conditions of Native Hawaiians, as that Homes Commission Act, 1920(42 Stat. 110); or (12) under the treatymaking power of the term is defined in section 201 of the Hawaiian ‘‘(B) are acquired pursuant to that Act. United States, Congress had the constitu- Homes Commission Act, 1920 (42 Stat. 108 et ‘‘(5) HOUSING AREA.—The term ‘housing tional authority to confirm a treaty between seq.); and area’ means an area of Hawaiian Home the United States and the government that (ii) by transferring the United States re- Lands with respect to which the Department represented the Hawaiian people, and from of Hawaiian Home Lands is authorized to 1826 until 1893, the United States recognized sponsibility for the administration of Hawai- ian Home Lands to the State of Hawaii, but provide assistance for affordable housing the independence of the Kingdom of Hawaii, under this Act. extended full diplomatic recognition to the retaining the authority to enforce the trust, including the exclusive right of the United ‘‘(6) HOUSING ENTITY.—The term ‘housing Hawaiian Government, and entered into entity’ means the Department of Hawaiian treaties and conventions with the Hawaiian States to consent to any actions affecting the lands which comprise the corpus of the Home Lands. monarchs to govern commerce and naviga- ‘‘(7) HOUSING PLAN.—The term ‘housing tion in 1826, 1842, 1849, 1875, and 1887; trust and any amendments to the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et plan’ means a plan developed by the Depart- (13) the United States has recognized and ment of Hawaiian Home Lands. reaffirmed that— seq.), enacted by the legislature of the State of Hawaii affecting the rights of bene- ‘‘(8) MEDIAN INCOME.—The term ‘median in- (A) Native Hawaiians have a cultural, his- come’ means, with respect to an area that is toric, and land-based link to the indigenous ficiaries under the Act; (C) the authorization of mortgage loans in- a Hawaiian housing area, the greater of— people who exercised sovereignty over the ‘‘(A) the median income for the Hawaiian Hawaiian Islands, and that group has never sured by the Federal Housing Administra- tion for the purchase, construction, or refi- housing area, which shall be determined by relinquished its claims to sovereignty or its the Secretary; or sovereign lands; nancing of homes on Hawaiian Home Lands under the National Housing Act (Public Law ‘‘(B) the median income for the State of (B) Congress does not extend services to Hawaii. Native Hawaiians because of their race, but 479; 73d Congress; 12 U.S.C. 1701 et seq.); ‘‘(9) NATIVE HAWAIIAN.—The term ‘Native because of their unique status as the indige- (D) authorizing Native Hawaiian represen- tation on the National Commission on Amer- Hawaiian’ means any individual who is— nous people of a once sovereign nation as to ‘‘(A) a citizen of the United States; and whom the United States has established a ican Indian, Alaska Native, and Native Ha- waiian Housing under Public Law 101–235; ‘‘(B) a descendant of the aboriginal people, trust relationship; who, prior to 1778, occupied and exercised (C) Congress has also delegated broad au- (E) the inclusion of Native Hawaiians in sovereignty in the area that currently con- thority to administer a portion of the Fed- the definition under section 3764 of title 38, stitutes the State of Hawaii, as evidenced eral trust responsibility to the State of Ha- United States Code, applicable to subchapter by— waii; V of chapter 37 of title 38, United States ‘‘(i) genealogical records; (D) the political status of Native Hawai- Code (relating to a housing loan program for ‘‘(ii) verification by kupuna (elders) or ians is comparable to that of American Indi- Native American veterans); and kama’aina (long-term community residents); ans and Alaska Natives; and (F) the enactment of the Hawaiian Home or (E) the aboriginal, indigenous people of the Lands Recovery Act (109 Stat. 357; 48 U.S.C. ‘‘(iii) birth records of the State of Hawaii. United States have— 491, note prec.) which establishes a process (i) a continuing right to autonomy in their for the conveyance of Federal lands to the ‘‘SEC. 802. BLOCK GRANTS FOR AFFORDABLE internal affairs; and Department of Hawaiian Homes Lands that HOUSING ACTIVITIES. (ii) an ongoing right of self-determination are equivalent in value to lands acquired by ‘‘(a) GRANT AUTHORITY.—For each fiscal and self-governance that has never been ex- the United States from the Hawaiian Home year, the Secretary shall (to the extent tinguished; Lands inventory. amounts are made available to carry out this (14) the political relationship between the SEC. 513. HOUSING ASSISTANCE. title) make a grant under this title to the United States and the Native Hawaiian peo- The Native American Housing Assistance Department of Hawaiian Home Lands to ple has been recognized and reaffirmed by and Self-Determination Act of 1996 (25 U.S.C. carry out affordable housing activities for the United States as evidenced by the inclu- 4101 et seq.) is amended by adding at the end Native Hawaiian families who are eligible to sion of Native Hawaiians in— the following: reside on the Hawaiian Home Lands.

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‘‘(b) PLAN REQUIREMENT.— ‘‘(c) ONE-YEAR PLAN.—A housing plan ‘‘(I) any existing or anticipated home- ‘‘(1) IN GENERAL.—The Secretary may make under this section shall— ownership programs and rental programs to a grant under this title to the Department of ‘‘(1) be in a form prescribed by the Sec- be carried out during the period covered by Hawaiian Home Lands for a fiscal year only retary; and the plan; and if— ‘‘(2) contain the following information re- ‘‘(II) the requirements and assistance ‘‘(A) the Director has submitted to the lating to the fiscal year for which the assist- available under the programs referred to in Secretary a housing plan for that fiscal year; ance under this title is to be made available: subclause (I); and ‘‘(A) GOALS AND OBJECTIVES.—A statement ‘‘(vi) a description of— ‘‘(B) the Secretary has determined under of the goals and objectives to be accom- ‘‘(I) any existing or anticipated housing re- section 804 that the housing plan complies plished during the period covered by the habilitation programs necessary to ensure with the requirements of section 803. plan. the long-term viability of the housing to be ‘‘(2) WAIVER.—The Secretary may waive ‘‘(B) STATEMENT OF NEEDS.—A statement of carried out during the period covered by the the applicability of the requirements under the housing needs of the low-income families plan; and paragraph (1), in part, if the Secretary finds served by the Department and the means by ‘‘(II) the requirements and assistance that the Department of Hawaiian Home which those needs will be addressed during available under the programs referred to in Lands has not complied or cannot comply the period covered by the plan, including— subclause (I); with those requirements due to cir- ‘‘(i) a description of the estimated housing ‘‘(vii) a description of— cumstances beyond the control of the De- needs and the need for assistance for the low- ‘‘(I) all other existing or anticipated hous- partment of Hawaiian Home Lands. income families to be served by the Depart- ing assistance provided by the Department of ‘‘(c) USE OF AFFORDABLE HOUSING ACTIVI- ment, including a description of the manner Hawaiian Home Lands during the period cov- TIES UNDER PLAN.—Except as provided in in which the geographical distribution of as- ered by the plan, including— subsection (e), amounts provided under a sistance is consistent with— ‘‘(aa) transitional housing; grant under this section may be used only ‘‘(I) the geographical needs of those fami- ‘‘(bb) homeless housing; for affordable housing activities under this lies; and ‘‘(cc) college housing; and title that are consistent with a housing plan ‘‘(II) needs for various categories of hous- ‘‘(dd) supportive services housing; and approved under section 804. ing assistance; and ‘‘(II) the requirements and assistance ‘‘(d) ADMINISTRATIVE EXPENSES.— ‘‘(ii) a description of the estimated housing available under such programs; ‘‘(1) IN GENERAL.—The Secretary shall, by needs for all families to be served by the De- ‘‘(viii)(I) a description of any housing to be regulation, authorize the Department of Ha- partment. demolished or disposed of; waiian Home Lands to use a percentage of ‘‘(C) FINANCIAL RESOURCES.—An operating ‘‘(II) a timetable for that demolition or any grant amounts received under this title budget for the Department of Hawaiian disposition; and for any reasonable administrative and plan- Home Lands, in a form prescribed by the ‘‘(III) any other information required by ning expenses of the Department relating to Secretary, that includes— the Secretary with respect to that demoli- carrying out this title and activities assisted ‘‘(i) an identification and a description of tion or disposition; with those amounts. the financial resources reasonably available ‘‘(ix) a description of the manner in which ‘‘(2) ADMINISTRATIVE AND PLANNING EX- to the Department to carry out the purposes the Department of Hawaiian Home Lands PENSES.—The administrative and planning of this title, including an explanation of the will coordinate with welfare agencies in the expenses referred to in paragraph (1) in- manner in which amounts made available State of Hawaii to ensure that residents of clude— will be used to leverage additional resources; the affordable housing will be provided with ‘‘(A) costs for salaries of individuals en- and access to resources to assist in obtaining em- gaged in administering and managing afford- ‘‘(ii) the uses to which the resources de- ployment and achieving self-sufficiency; able housing activities assisted with grant scribed in clause (i) will be committed, in- ‘‘(x) a description of the requirements es- amounts provided under this title; and cluding— tablished by the Department of Hawaiian ‘‘(B) expenses incurred in preparing a hous- ‘‘(I) eligible and required affordable hous- Home Lands to— ing plan under section 803. ing activities; and ‘‘(I) promote the safety of residents of the ‘‘(e) PUBLIC-PRIVATE PARTNERSHIPS.—The ‘‘(II) administrative expenses. affordable housing; Director shall make all reasonable efforts, ‘‘(D) AFFORDABLE HOUSING RESOURCES.—A consistent with the purposes of this title, to statement of the affordable housing re- ‘‘(II) facilitate the undertaking of crime maximize participation by the private sec- sources currently available at the time of prevention measures; tor, including nonprofit organizations and the submittal of the plan and to be made ‘‘(III) allow resident input and involve- for-profit entities, in implementing a hous- available during the period covered by the ment, including the establishment of resi- ing plan that has been approved by the Sec- plan, including— dent organizations; and retary under section 803. ‘‘(i) a description of the significant charac- ‘‘(IV) allow for the coordination of crime ‘‘SEC. 803. HOUSING PLAN. teristics of the housing market in the State prevention activities between the Depart- ment and local law enforcement officials; ‘‘(a) PLAN SUBMISSION.—The Secretary of Hawaii, including the availability of hous- shall— ing from other public sources, private mar- and ‘‘(1) require the Director to submit a hous- ket housing; ‘‘(xi) a description of the entities that will ing plan under this section for each fiscal ‘‘(ii) the manner in which the characteris- carry out the activities under the plan, in- year; and tics referred to in clause (i) influence the de- cluding the organizational capacity and key ‘‘(2) provide for the review of each plan cision of the Department of Hawaiian Home personnel of the entities. submitted under paragraph (1). Lands to use grant amounts to be provided ‘‘(E) CERTIFICATION OF COMPLIANCE.—Evi- ‘‘(b) FIVE-YEAR PLAN.—Each housing plan under this title for— dence of compliance that shall include, as under this section shall— ‘‘(I) rental assistance; appropriate— ‘‘(1) be in a form prescribed by the Sec- ‘‘(II) the production of new units; ‘‘(i) a certification that the Department of retary; and ‘‘(III) the acquisition of existing units; or Hawaiian Home Lands will comply with— ‘‘(2) contain, with respect to the 5-year pe- ‘‘(IV) the rehabilitation of units; ‘‘(I) title VI of the Civil Rights Act of 1964 riod beginning with the fiscal year for which ‘‘(iii) a description of the structure, coordi- (42 U.S.C. 2000d et seq.) or with the Fair the plan is submitted, the following informa- nation, and means of cooperation between Housing Act (42 U.S.C. 3601 et seq.) in car- tion: the Department of Hawaiian Home Lands rying out this title, to the extent that such ‘‘(A) MISSION STATEMENT.—A general state- and any other governmental entities in the title is applicable; and ment of the mission of the Department of development, submission, or implementation ‘‘(II) other applicable Federal statutes; Hawaiian Home Lands to serve the needs of of housing plans, including a description of— ‘‘(ii) a certification that the Department the low-income families to be served by the ‘‘(I) the involvement of private, public, and will require adequate insurance coverage for Department. nonprofit organizations and institutions; housing units that are owned and operated or ‘‘(B) GOAL AND OBJECTIVES.—A statement ‘‘(II) the use of loan guarantees under sec- assisted with grant amounts provided under of the goals and objectives of the Depart- tion 184A of the Housing and Community De- this title, in compliance with such require- ment of Hawaiian Home Lands to enable the velopment Act of 1992; and ments as may be established by the Sec- Department to serve the needs identified in ‘‘(III) other housing assistance provided by retary; subparagraph (A) during the period. the United States, including loans, grants, ‘‘(iii) a certification that policies are in ef- ‘‘(C) ACTIVITIES PLANS.—An overview of the and mortgage insurance; fect and are available for review by the Sec- activities planned during the period includ- ‘‘(iv) a description of the manner in which retary and the public governing the eligi- ing an analysis of the manner in which the the plan will address the needs identified bility, admission, and occupancy of families activities will enable the Department to pursuant to subparagraph (C); for housing assisted with grant amounts pro- meet its mission, goals, and objectives. ‘‘(v) a description of— vided under this title;

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‘‘(iv) a certification that policies are in ef- ‘‘(c) REVIEW.— ‘‘(A) a provision requiring that an amount fect and are available for review by the Sec- ‘‘(1) IN GENERAL.—After the Director of the not less than the wages prevailing in the lo- retary and the public governing rents Department of Hawaiian Home Lands sub- cality, as determined or adopted (subsequent charged, including the methods by which mits a housing plan under section 803, or any to a determination under applicable State or such rents or homebuyer payments are de- amendment or modification to the plan to local law) by the Secretary, shall be paid to termined, for housing assisted with grant the Secretary, to the extent that the Sec- all architects, technical engineers, amounts provided under this title; and retary considers such action to be necessary draftsmen, technicians employed in the de- ‘‘(v) a certification that policies are in ef- to make a determination under this sub- velopment and all maintenance, and laborers fect and are available for review by the Sec- section, the Secretary shall review the plan and mechanics employed in the operation, of retary and the public governing the manage- (including any amendments or modifications the affordable housing project involved; and ment and maintenance of housing assisted thereto) to determine whether the contents ‘‘(B) a provision that an amount not less with grant amounts provided under this of the plan— than the wages prevailing in the locality, as title. ‘‘(A) set forth the information required by predetermined by the Secretary of Labor ‘‘(d) APPLICABILITY OF CIVIL RIGHTS STAT- section 803 to be contained in the housing pursuant to the Act commonly known as the UTES.— plan; ‘Davis-Bacon Act’ (46 Stat. 1494; chapter 411; ‘‘(1) IN GENERAL.—To the extent that the ‘‘(B) are consistent with information and 40 U.S.C. 276a et seq.) shall be paid to all la- requirements of title VI of the Civil Rights data available to the Secretary; and borers and mechanics employed in the devel- Act of 1964 (42 U.S.C. 2000d et seq.) or of the ‘‘(C) are not prohibited by or inconsistent opment of the affordable housing involved. Fair Housing Act (42 U.S.C. 3601 et seq.) with any provision of this Act or any other ‘‘(2) EXCEPTIONS.—Paragraph (1) and provi- apply to assistance provided under this title, applicable law. sions relating to wages required under para- nothing in the requirements concerning dis- ‘‘(2) INCOMPLETE PLANS.—If the Secretary graph (1) in any contract or agreement for crimination on the basis of race shall be con- determines under this subsection that any of assistance, sale, or lease under this title, strued to prevent the provision of assistance the appropriate certifications required under shall not apply to any individual who per- under this title— section 803(c)(2)(E) are not included in a forms the services for which the individual ‘‘(A) to the Department of Hawaiian Home plan, the plan shall be considered to be in- volunteered and who is not otherwise em- Lands on the basis that the Department complete. ployed at any time in the construction work served Native Hawaiians; or ‘‘(d) UPDATES TO PLAN.— and received no compensation or is paid ex- ‘‘(B) to an eligible family on the basis that ‘‘(1) IN GENERAL.—Subject to paragraph (2), penses, reasonable benefits, or a nominal fee the family is a Native Hawaiian family. after a plan under section 803 has been sub- for those services. ‘‘(2) CIVIL RIGHTS.—Program eligibility mitted for a fiscal year, the Director of the ‘‘SEC. 806. ENVIRONMENTAL REVIEW. under this title may be restricted to Native Department of Hawaiian Home Lands may ‘‘(a) IN GENERAL.— Hawaiians. Subject to the preceding sen- comply with the provisions of that section ‘‘(1) RELEASE OF FUNDS.— tence, no person may be discriminated for any succeeding fiscal year (with respect ‘‘(A) IN GENERAL.—The Secretary may against on the basis of race, color, national to information included for the 5-year period carry out the alternative environmental pro- origin, religion, sex, familial status, or dis- under section 803(b) or for the 1-year period tection procedures described in subparagraph ability. under section 803(c)) by submitting only such (B) in order to ensure— ‘‘(e) USE OF NONPROFIT ORGANIZATIONS.—As information regarding such changes as may ‘‘(i) that the policies of the National Envi- a condition of receiving grant amounts under be necessary to update the plan previously ronmental Policy Act of 1969 (42 U.S.C. 4321 this title, the Department of Hawaiian Home submitted. et seq.) and other provisions of law that fur- Lands shall, to the extent practicable, pro- ‘‘(2) COMPLETE PLANS.—The Director shall vide for private nonprofit organizations ex- submit a complete plan under section 803 not ther the purposes of such Act (as specified in perienced in the planning and development later than 4 years after submitting an initial regulations issued by the Secretary) are of affordable housing for Native Hawaiians plan under that section, and not less fre- most effectively implemented in connection to carry out affordable housing activities quently than every 4 years thereafter. with the expenditure of grant amounts pro- with those grant amounts. ‘‘(e) EFFECTIVE DATE.—This section and vided under this title; and ‘‘SEC. 804. REVIEW OF PLANS. section 803 shall take effect on the date pro- ‘‘(ii) to the public undiminished protection ‘‘(a) REVIEW AND NOTICE.— vided by the Secretary pursuant to section of the environment. ‘‘(1) REVIEW.— 807(a) to provide for timely submission and ‘‘(B) ALTERNATIVE ENVIRONMENTAL PROTEC- ‘‘(A) IN GENERAL.—The Secretary shall con- review of the housing plan as necessary for TION PROCEDURE.—In lieu of applying envi- duct a review of a housing plan submitted to the provision of assistance under this title ronmental protection procedures otherwise the Secretary under section 803 to ensure for fiscal year 2001. applicable, the Secretary may by regulation that the plan complies with the require- ‘‘SEC. 805. TREATMENT OF PROGRAM INCOME provide for the release of funds for specific ments of that section. AND LABOR STANDARDS. projects to the Department of Hawaiian ‘‘(B) LIMITATION.—The Secretary shall have ‘‘(a) PROGRAM INCOME.— Home Lands if the Director of the Depart- the discretion to review a plan referred to in ‘‘(1) AUTHORITY TO RETAIN.—The Depart- ment assumes all of the responsibilities for subparagraph (A) only to the extent that the ment of Hawaiian Home Lands may retain environmental review, decisionmaking, and Secretary considers that the review is nec- any program income that is realized from action under the National Environmental essary. any grant amounts received by the Depart- Policy Act of 1969 (42 U.S.C. 4321 et seq.), and ‘‘(2) NOTICE.— ment under this title if— such other provisions of law as the regula- ‘‘(A) IN GENERAL.—Not later than 60 days ‘‘(A) that income was realized after the ini- tions of the Secretary specify, that would after receiving a plan under section 803, the tial disbursement of the grant amounts re- apply to the Secretary were the Secretary to Secretary shall notify the Director of the ceived by the Department; and undertake those projects as Federal projects. Department of Hawaiian Home Lands wheth- ‘‘(B) the Director agrees to use the pro- ‘‘(2) REGULATIONS.— er the plan complies with the requirements gram income for affordable housing activi- ‘‘(A) IN GENERAL.—The Secretary shall under that section. ties in accordance with the provisions of this issue regulations to carry out this section ‘‘(B) EFFECT OF FAILURE OF SECRETARY TO title. only after consultation with the Council on TAKE ACTION.—For purposes of this title, if ‘‘(2) PROHIBITION OF REDUCTION OF GRANT.— Environmental Quality. the Secretary does not notify the Director, The Secretary may not reduce the grant ‘‘(B) CONTENTS.—The regulations issued as required under this subsection and sub- amount for the Department of Hawaiian under this paragraph shall— section (b), upon the expiration of the 60-day Home Lands based solely on— ‘‘(i) provide for the monitoring of the envi- period described in subparagraph (A)— ‘‘(A) whether the Department retains pro- ronmental reviews performed under this sec- ‘‘(i) the plan shall be considered to have gram income under paragraph (1); or tion; been determined to comply with the require- ‘‘(B) the amount of any such program in- ‘‘(ii) in the discretion of the Secretary, fa- ments under section 803; and come retained. cilitate training for the performance of such ‘‘(ii) the Director shall be considered to ‘‘(3) EXCLUSION OF AMOUNTS.—The Sec- reviews; and have been notified of compliance. retary may, by regulation, exclude from con- ‘‘(iii) provide for the suspension or termi- ‘‘(b) NOTICE OF REASONS FOR DETERMINA- sideration as program income any amounts nation of the assumption of responsibilities TION OF NONCOMPLIANCE.—If the Secretary determined to be so small that compliance under this section. determines that a plan submitted under sec- with the requirements of this subsection ‘‘(3) EFFECT ON ASSUMED RESPONSIBILITY.— tion 803 does not comply with the require- would create an unreasonable administrative The duty of the Secretary under paragraph ments of that section, the Secretary shall burden on the Department. (2)(B) shall not be construed to limit or re- specify in the notice under subsection (a)— ‘‘(b) LABOR STANDARDS.— duce any responsibility assumed by the De- ‘‘(1) the reasons for noncompliance; and ‘‘(1) IN GENERAL.—Any contract or agree- partment of Hawaiian Home Lands for grant ‘‘(2) any modifications necessary for the ment for assistance, sale, or lease pursuant amounts with respect to any specific release plan to meet the requirements of section 803. to this title shall contain— of funds.

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‘‘(b) PROCEDURE.— ‘‘(2) ELIGIBLE FAMILIES.— ‘‘(B) site improvement; ‘‘(1) IN GENERAL.—The Secretary shall au- ‘‘(A) IN GENERAL.—Except as provided ‘‘(C) the development of utilities and util- thorize the release of funds subject to the under subparagraph (B), assistance for eligi- ity services; procedures under this section only if, not ble housing activities under this title shall ‘‘(D) conversion; less than 15 days before that approval and be limited to low-income Native Hawaiian ‘‘(E) demolition; before any commitment of funds to such families. ‘‘(F) financing; projects, the Director of the Department of ‘‘(B) EXCEPTION TO LOW-INCOME REQUIRE- ‘‘(G) administration and planning; and Hawaiian Home Lands submits to the Sec- MENT.— ‘‘(H) other related activities. retary a request for such release accom- ‘‘(i) IN GENERAL.—The Director may pro- ‘‘(2) HOUSING SERVICES.—The provision of panied by a certification that meets the re- vide assistance for homeownership activities housing-related services for affordable hous- quirements of subsection (c). under— ing, including— ‘‘(2) EFFECT OF APPROVAL.—The approval of ‘‘(I) section 810(b); ‘‘(A) housing counseling in connection with the Secretary of a certification described in ‘‘(II) model activities under section 810(f); rental or homeownership assistance; paragraph (1) shall be deemed to satisfy the or ‘‘(B) the establishment and support of resi- responsibilities of the Secretary under the ‘‘(III) loan guarantee activities under sec- dent organizations and resident management National Environmental Policy Act of 1969 tion 184A of the Housing and Community De- corporations; (42 U.S.C. 4321 et seq.) and such other provi- velopment Act of 1992 to Native Hawaiian ‘‘(C) energy auditing; sions of law as the regulations of the Sec- families who are not low-income families, to ‘‘(D) activities related to the provisions of retary specify to the extent that those re- the extent that the Secretary approves the self-sufficiency and other services; and sponsibilities relate to the releases of funds activities under that section to address a ‘‘(E) other services related to assisting for projects that are covered by that certifi- need for housing for those families that can- owners, tenants, contractors, and other enti- cation. not be reasonably met without that assist- ties participating or seeking to participate ‘‘(c) CERTIFICATION.—A certification under ance. in other housing activities assisted pursuant the procedures under this section shall— ‘‘(ii) LIMITATIONS.—The Secretary shall es- to this section. ‘‘(1) be in a form acceptable to the Sec- tablish limitations on the amount of assist- ‘‘(3) HOUSING MANAGEMENT SERVICES.—The retary; ance that may be provided under this title provision of management services for afford- ‘‘(2) be executed by the Director of the De- for activities for families that are not low- able housing, including— partment of Hawaiian Home Lands; income families. ‘‘(A) the preparation of work specifica- ‘‘(3) specify that the Department of Hawai- ‘‘(C) OTHER FAMILIES.—Notwithstanding tions; ian Home Lands has fully carried out its re- paragraph (1), the Director may provide ‘‘(B) loan processing; sponsibilities as described under subsection housing or housing assistance provided ‘‘(C) inspections; (a); and through affordable housing activities as- ‘‘(D) tenant selection; ‘‘(4) specify that the Director— sisted with grant amounts under this title to ‘‘(E) management of tenant-based rental ‘‘(A) consents to assume the status of a re- a family that is not composed of Native Ha- assistance; and sponsible Federal official under the National waiians if— ‘‘(F) management of affordable housing Environmental Policy Act of 1969 (42 U.S.C. ‘‘(i) the Department determines that the projects. 4321 et seq.) and each provision of law speci- presence of the family in the housing in- RIME PREVENTION AND SAFETY ACTIVI- fied in regulations issued by the Secretary to ‘‘(4) C the extent that those laws apply by reason of volved is essential to the well-being of Na- TIES.—The provision of safety, security, and subsection (a); and tive Hawaiian families; and law enforcement measures and activities ap- ‘‘(B) is authorized and consents on behalf ‘‘(ii) the need for housing for the family propriate to protect residents of affordable of the Department of Hawaiian Home Lands cannot be reasonably met without the assist- housing from crime. and the Director to accept the jurisdiction of ance. ‘‘(5) MODEL ACTIVITIES.—Housing activities the Federal courts for the purpose of enforce- ‘‘(D) PREFERENCE.— under model programs that are— ment of the responsibilities of the Director ‘‘(i) IN GENERAL.—A housing plan sub- ‘‘(A) designed to carry out the purposes of of the Department of Hawaiian Home Lands mitted under section 803 may authorize a this title; and as such an official. preference, for housing or housing assistance ‘‘(B) specifically approved by the Secretary ‘‘SEC. 807. REGULATIONS. provided through affordable housing activi- as appropriate for the purpose referred to in ‘‘The Secretary shall issue final regula- ties assisted with grant amounts provided subparagraph (A). tions necessary to carry out this title not under this title to be provided, to the extent ‘‘SEC. 811. PROGRAM REQUIREMENTS. later than October 1, 2001. practicable, to families that are eligible to ‘‘(a) RENTS.— ‘‘SEC. 808. EFFECTIVE DATE. reside on the Hawaiian Home Lands. ‘‘(1) ESTABLISHMENT.—Subject to para- ‘‘Except as otherwise expressly provided in ‘‘(ii) APPLICATION.—In any case in which a graph (2), as a condition to receiving grant this title, this title shall take effect on the housing plan provides for preference de- amounts under this title, the Director shall date of the enactment of the American scribed in clause (i), the Director shall en- develop written policies governing rents and Homeownership and Economic Opportunity sure that housing activities that are assisted homebuyer payments charged for dwelling Act of 2000. with grant amounts under this title are sub- units assisted under this title, including ‘‘SEC. 809. AFFORDABLE HOUSING ACTIVITIES. ject to that preference. methods by which such rents and homebuyer ‘‘(a) NATIONAL OBJECTIVES AND ELIGIBLE ‘‘(E) USE OF NONPROFIT ORGANIZATIONS.—As payments are determined. FAMILIES.— a condition of receiving grant amounts under ‘‘(2) MAXIMUM RENT.—In the case of any ‘‘(1) PRIMARY OBJECTIVE.—The national ob- this title, the Department of Hawaiian Home low-income family residing in a dwelling jectives of this title are— Lands, shall to the extent practicable, pro- unit assisted with grant amounts under this ‘‘(A) to assist and promote affordable hous- vide for private nonprofit organizations ex- title, the monthly rent or homebuyer pay- ing activities to develop, maintain, and oper- perienced in the planning and development ment (as applicable) for that dwelling unit ate affordable housing in safe and healthy of affordable housing for Native Hawaiians may not exceed 30 percent of the monthly environments for occupancy by low-income to carry out affordable housing activities adjusted income of that family. Native Hawaiian families; with those grant amounts. ‘‘(b) MAINTENANCE AND EFFICIENT OPER- ‘‘(B) to ensure better access to private ‘‘SEC. 810. ELIGIBLE AFFORDABLE HOUSING AC- ATION.— mortgage markets and to promote self-suffi- TIVITIES. ‘‘(1) IN GENERAL.—The Director shall, using ciency of low-income Native Hawaiian fami- ‘‘(a) IN GENERAL.—Affordable housing ac- amounts of any grants received under this lies; tivities under this section are activities con- title, reserve and use for operating under ‘‘(C) to coordinate activities to provide ducted in accordance with the requirements section 810 such amounts as may be nec- housing for low-income Native Hawaiian of section 811 to— essary to provide for the continued mainte- families with Federal, State and local activi- ‘‘(1) develop or to support affordable hous- nance and efficient operation of such hous- ties to further economic and community de- ing for rental or homeownership; or ing. velopment; ‘‘(2) provide housing services with respect ‘‘(2) DISPOSAL OF CERTAIN HOUSING.—This ‘‘(D) to plan for and integrate infrastruc- to affordable housing, through the activities subsection may not be construed to prevent ture resources on the Hawaiian Home Lands described in subsection (b). the Director, or any entity funded by the De- with housing development; and ‘‘(b) ACTIVITIES.—The activities described partment, from demolishing or disposing of ‘‘(E) to— in this subsection are the following: housing, pursuant to regulations established ‘‘(i) promote the development of private ‘‘(1) DEVELOPMENT.—The acquisition, new by the Secretary. capital markets; and construction, reconstruction, or moderate or ‘‘(c) INSURANCE COVERAGE.—As a condition ‘‘(ii) allow the markets referred to in substantial rehabilitation of affordable hous- to receiving grant amounts under this title, clause (i) to operate and grow, thereby bene- ing, which may include— the Director shall require adequate insur- fiting Native Hawaiian communities. ‘‘(A) real property acquisition; ance coverage for housing units that are

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.001 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26303 owned or operated or assisted with grant ‘‘SEC. 814. LEASE REQUIREMENTS AND TENANT ‘‘SEC. 816. ANNUAL ALLOCATION. amounts provided under this title. SELECTION. ‘‘For each fiscal year, the Secretary shall ‘‘(d) ELIGIBILITY FOR ADMISSION.—As a con- ‘‘(a) LEASES.—Except to the extent other- allocate any amounts made available for as- dition to receiving grant amounts under this wise provided by or inconsistent with the sistance under this title for the fiscal year, title, the Director shall develop written poli- laws of the State of Hawaii, in renting dwell- in accordance with the formula established cies governing the eligibility, admission, and ing units in affordable housing assisted with pursuant to section 817 to the Department of occupancy of families for housing assisted grant amounts provided under this title, the Hawaiian Home Lands if the Department with grant amounts provided under this Director, owner, or manager shall use leases complies with the requirements under this title. that— title for a grant under this title. ‘‘(e) MANAGEMENT AND MAINTENANCE.—As a ‘‘(1) do not contain unreasonable terms and ‘‘SEC. 817. ALLOCATION FORMULA. condition to receiving grant amounts under conditions; ‘‘(a) ESTABLISHMENT.—The Secretary shall, this title, the Director shall develop policies ‘‘(2) require the Director, owner, or man- by regulation issued not later than the expi- governing the management and maintenance ager to maintain the housing in compliance ration of the 6-month period beginning on of housing assisted with grant amounts with applicable housing codes and quality the date of the enactment of the American under this title. standards; Homeownership and Economic Opportunity ‘‘(3) require the Director, owner, or man- ‘‘SEC. 812. TYPES OF INVESTMENTS. Act of 2000, in the manner provided under ager to give adequate written notice of ter- section 807, establish a formula to provide ‘‘(a) IN GENERAL.—Subject to section 811 mination of the lease, which shall be the pe- for the allocation of amounts available for a and an applicable housing plan approved riod of time required under applicable State fiscal year for block grants under this title under section 803, the Director shall have— or local law; in accordance with the requirements of this ‘‘(1) the discretion to use grant amounts ‘‘(4) specify that, with respect to any no- section. for affordable housing activities through the tice of eviction or termination, notwith- ‘‘(b) FACTORS FOR DETERMINATION OF use of— standing any State or local law, a resident NEED.—The formula under subsection (a) ‘‘(A) equity investments; shall be informed of the opportunity, before shall be based on factors that reflect the ‘‘(B) interest-bearing loans or advances; any hearing or trial, to examine any rel- needs for assistance for affordable housing ‘‘(C) noninterest-bearing loans or advances; evant documents, record, or regulations di- activities, including— ‘‘(D) interest subsidies; rectly related to the eviction or termination; ‘‘(1) the number of low-income dwelling ‘‘(E) the leveraging of private investments; ‘‘(5) require that the Director, owner, or units owned or operated at the time pursu- or manager may not terminate the tenancy, ant to a contract between the Director and ‘‘(F) any other form of assistance that the during the term of the lease, except for seri- the Secretary; Secretary determines to be consistent with ous or repeated violation of the terms and ‘‘(2) the extent of poverty and economic the purposes of this title; and conditions of the lease, violation of applica- distress and the number of Native Hawaiian ‘‘(2) the right to establish the terms of as- ble Federal, State, or local law, or for other families eligible to reside on the Hawaiian sistance provided with funds referred to in good cause; and Home Lands; and paragraph (1). ‘‘(6) provide that the Director, owner, or ‘‘(3) any other objectively measurable con- ‘‘(b) INVESTMENTS.—The Director may in- manager may terminate the tenancy of a ditions that the Secretary and the Director vest grant amounts for the purposes of car- resident for any activity, engaged in by the may specify. rying out affordable housing activities in in- resident, any member of the household of the ‘‘(c) OTHER FACTORS FOR CONSIDERATION.— vestment securities and other obligations, as resident, or any guest or other person under In establishing the formula under subsection approved by the Secretary. the control of the resident, that— (a), the Secretary shall consider the relative ‘‘SEC. 813. LOW-INCOME REQUIREMENT AND IN- ‘‘(A) threatens the health or safety of, or administrative capacities of the Department COME TARGETING. right to peaceful enjoyment of the premises of Hawaiian Home Lands and other chal- ‘‘(a) IN GENERAL.—Housing shall qualify for by, other residents or employees of the De- lenges faced by the Department, including— affordable housing for purposes of this title partment, owner, or manager; ‘‘(1) geographic distribution within Hawai- only if— ‘‘(B) threatens the health or safety of, or ian Home Lands; and ‘‘(1) each dwelling unit in the housing— right to peaceful enjoyment of their prem- ‘‘(2) technical capacity. ‘‘(A) in the case of rental housing, is made ises by, persons residing in the immediate vi- ‘‘(d) EFFECTIVE DATE.—This section shall available for occupancy only by a family cinity of the premises; or take effect on the date of the enactment of that is a low-income family at the time of ‘‘(C) is criminal activity (including drug- the American Homeownership and Economic the initial occupancy of that family of that related criminal activity) on or off the prem- Opportunity Act of 2000. unit; and ises. ‘‘SEC. 818. REMEDIES FOR NONCOMPLIANCE. ‘‘(B) in the case of housing for homeowner- ‘‘(b) TENANT OR HOMEBUYER SELECTION.—As ‘‘(a) ACTIONS BY SECRETARY AFFECTING ship, is made available for purchase only by a condition to receiving grant amounts GRANT AMOUNTS.— a family that is a low-income family at the under this title, the Director shall adopt and ‘‘(1) IN GENERAL.—Except as provided in time of purchase; and use written tenant and homebuyer selection subsection (b), if the Secretary finds after ‘‘(2) each dwelling unit in the housing will policies and criteria that— reasonable notice and opportunity for a remain affordable, according to binding com- ‘‘(1) are consistent with the purpose of pro- hearing that the Department of Hawaiian mitments satisfactory to the Secretary, viding housing for low-income families; Home Lands has failed to comply substan- for— ‘‘(2) are reasonably related to program eli- tially with any provision of this title, the ‘‘(A) the remaining useful life of the prop- gibility and the ability of the applicant to Secretary shall— erty (as determined by the Secretary) with- perform the obligations of the lease; and ‘‘(A) terminate payments under this title out regard to the term of the mortgage or to ‘‘(3) provide for— to the Department; transfer of ownership; or ‘‘(A) the selection of tenants and home- ‘‘(B) reduce payments under this title to ‘‘(B) such other period as the Secretary de- buyers from a written waiting list in accord- the Department by an amount equal to the termines is the longest feasible period of ance with the policies and goals set forth in amount of such payments that were not ex- time consistent with sound economics and an applicable housing plan approved under pended in accordance with this title; or the purposes of this title, except upon a fore- section 803; and ‘‘(C) limit the availability of payments closure by a lender (or upon other transfer in ‘‘(B) the prompt notification in writing of under this title to programs, projects, or ac- lieu of foreclosure) if that action— any rejected applicant of the grounds for tivities not affected by such failure to com- ‘‘(i) recognizes any contractual or legal that rejection. ply. rights of any public agency, nonprofit spon- ‘‘SEC. 815. REPAYMENT. ‘‘(2) ACTIONS.—If the Secretary takes an sor, or other person or entity to take an ac- ‘‘If the Department of Hawaiian Home action under subparagraph (A), (B), or (C) of tion that would— Lands uses grant amounts to provide afford- paragraph (1), the Secretary shall continue ‘‘(I) avoid termination of low-income af- able housing under activities under this title that action until the Secretary determines fordability, in the case of foreclosure; or and, at any time during the useful life of the that the failure by the Department to com- ‘‘(II) transfer ownership in lieu of fore- housing, the housing does not comply with ply with the provision has been remedied by closure; and the requirement under section 813(a)(2), the the Department and the Department is in ‘‘(ii) is not for the purpose of avoiding low- Secretary shall— compliance with that provision. income affordability restrictions, as deter- ‘‘(1) reduce future grant payments on be- ‘‘(b) NONCOMPLIANCE BECAUSE OF A TECH- mined by the Secretary. half of the Department by an amount equal NICAL INCAPACITY.—The Secretary may pro- ‘‘(b) EXCEPTION.—Notwithstanding sub- to the grant amounts used for that housing vide technical assistance for the Depart- section (a), housing assisted pursuant to sec- (under the authority of section 819(a)(2)); or ment, either directly or indirectly, that is tion 809(a)(2)(B) shall be considered afford- ‘‘(2) require repayment to the Secretary of designed to increase the capability and ca- able housing for purposes of this title. any amount equal to those grant amounts. pacity of the Director of the Department to

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administer assistance provided under this ‘‘(aa) such modified or new findings; and ‘‘(c) SUBMISSIONS.—The Secretary shall— title in compliance with the requirements ‘‘(bb) the recommendation of the Sec- ‘‘(1) establish a date for submission of each under this title if the Secretary makes a retary, if any, for the modification or setting report under this section; finding under subsection (a), but determines aside of the original action of the Secretary. ‘‘(2) review each such report; and that the failure of the Department to comply ‘‘(ii) FINDINGS.—The findings referred to in ‘‘(3) with respect to each such report, make substantially with the provisions of this clause (i)(II)(bb) shall, with respect to a recommendations as the Secretary considers title— question of fact, be considered to be conclu- appropriate to carry out the purposes of this ‘‘(1) is not a pattern or practice of activi- sive if those findings are— title. ties constituting willful noncompliance; and ‘‘(I) supported by substantial evidence on ‘‘(d) PUBLIC AVAILABILITY.— ‘‘(2) is a result of the limited capability or the record; and ‘‘(1) COMMENTS BY BENEFICIARIES.—In pre- capacity of the Department of Hawaiian ‘‘(II) considered as a whole. paring a report under this section, the Direc- Home Lands. ‘‘(4) FINALITY.— tor shall make the report publicly available ‘‘(c) REFERRAL FOR CIVIL ACTION.— ‘‘(A) IN GENERAL.—Except as provided in to the beneficiaries of the Hawaiian Homes ‘‘(1) AUTHORITY.—In lieu of, or in addition subparagraph (B), upon the filing of the Commission Act, 1920 (42 Stat. 108 et seq.) to, any action that the Secretary may take record under this subsection with the court— and give a sufficient amount of time to per- under subsection (a), if the Secretary has ‘‘(i) the jurisdiction of the court shall be mit those beneficiaries to comment on that reason to believe that the Department of Ha- exclusive; and report before it is submitted to the Sec- waiian Home Lands has failed to comply sub- ‘‘(ii) the judgment of the court shall be retary (in such manner and at such time as stantially with any provision of this title, final. the Director may determine). the Secretary may refer the matter to the ‘‘(B) REVIEW BY SUPREME COURT.—A judg- ‘‘(2) SUMMARY OF COMMENTS.—The report Attorney General of the United States with ment under subparagraph (A) shall be sub- shall include a summary of any comments a recommendation that an appropriate civil ject to review by the Supreme Court of the received by the Director from beneficiaries action be instituted. United States upon writ of certiorari or cer- under paragraph (1) regarding the program ‘‘(2) CIVIL ACTION.—Upon receiving a refer- tification, as provided in section 1254 of title to carry out the housing plan. ral under paragraph (1), the Attorney Gen- 28, United States Code. ‘‘SEC. 821. REVIEW AND AUDIT BY SECRETARY. eral may bring a civil action in any United ‘‘SEC. 819. MONITORING OF COMPLIANCE. ‘‘(a) ANNUAL REVIEW.— States district court of appropriate jurisdic- ‘‘(a) ENFORCEABLE AGREEMENTS.— ‘‘(1) IN GENERAL.—The Secretary shall, not tion for such relief as may be appropriate, ‘‘(1) IN GENERAL.—The Director, through less frequently than on an annual basis, including an action— binding contractual agreements with owners make such reviews and audits as may be nec- ‘‘(A) to recover the amount of the assist- or other authorized entities, shall ensure essary or appropriate to determine wheth- ance furnished under this title that was not long-term compliance with the provisions of er— expended in accordance with this title; or this title. ‘‘(A) the Director has— ‘‘(B) for mandatory or injunctive relief. ‘‘(2) MEASURES.—The measures referred to ‘‘(i) carried out eligible activities under ‘‘(d) REVIEW.— in paragraph (1) shall provide for— this title in a timely manner; ‘‘(1) IN GENERAL.—If the Director receives ‘‘(A) to the extent allowable by Federal ‘‘(ii) carried out and made certifications in notice under subsection (a) of the termi- and State law, the enforcement of the provi- accordance with the requirements and the nation, reduction, or limitation of payments sions of this title by the Department and the primary objectives of this title and with under this Act, the Director— Secretary; and other applicable laws; and ‘‘(A) may, not later than 60 days after re- ‘‘(B) remedies for breach of the provisions ‘‘(iii) a continuing capacity to carry out ceiving such notice, file with the United referred to in paragraph (1). the eligible activities in a timely manner; States Court of Appeals for the Ninth Cir- ‘‘(b) PERIODIC MONITORING.— ‘‘(B) the Director has complied with the cuit, or in the United States Court of Ap- ‘‘(1) IN GENERAL.—Not less frequently than housing plan submitted by the Director peals for the District of Columbia, a petition annually, the Director shall review the ac- under section 803; and for review of the action of the Secretary; and tivities conducted and housing assisted ‘‘(C) the performance reports of the De- ‘‘(B) upon the filing of any petition under under this title to assess compliance with partment under section 821 are accurate. subparagraph (A), shall forthwith transmit the requirements of this title. ‘‘(2) ONSITE VISITS.—Each review conducted copies of the petition to the Secretary and ‘‘(2) REVIEW.—Each review under paragraph under this section shall, to the extent prac- the Attorney General of the United States, (1) shall include onsite inspection of housing ticable, include onsite visits by employees of who shall represent the Secretary in the liti- to determine compliance with applicable re- the Department of Housing and Urban Devel- gation. quirements. opment. ‘‘(2) PROCEDURE.— ‘‘(3) RESULTS.—The results of each review ‘‘(b) REPORT BY SECRETARY.—The Sec- ‘‘(A) IN GENERAL.—The Secretary shall file under paragraph (1) shall be— retary shall give the Department of Hawai- in the court a record of the proceeding on ‘‘(A) included in a performance report of ian Home Lands not less than 30 days to re- which the Secretary based the action, as pro- the Director submitted to the Secretary view and comment on a report under this vided in section 2112 of title 28, United States under section 820; and subsection. After taking into consideration Code. ‘‘(B) made available to the public. the comments of the Department, the Sec- ‘‘(B) OBJECTIONS.—No objection to the ac- ‘‘(c) PERFORMANCE MEASURES.—The Sec- retary may revise the report and shall make tion of the Secretary shall be considered by retary shall establish such performance the comments of the Department and the re- the court unless the Department has reg- measures as may be necessary to assess com- port with any revisions, readily available to istered the objection before the Secretary. pliance with the requirements of this title. the public not later than 30 days after re- ‘‘(3) DISPOSITION.— ‘‘SEC. 820. PERFORMANCE REPORTS. ceipt of the comments of the Department. ‘‘(A) COURT PROCEEDINGS.— ‘‘(a) REQUIREMENT.—For each fiscal year, ‘‘(c) EFFECT OF REVIEWS.—The Secretary ‘‘(i) JURISDICTION OF COURT.—The court the Director shall— may make appropriate adjustments in the shall have jurisdiction to affirm or modify ‘‘(1) review the progress the Department amount of annual grants under this title in the action of the Secretary or to set the ac- has made during that fiscal year in carrying accordance with the findings of the Sec- tion aside in whole or in part. out the housing plan submitted by the De- retary pursuant to reviews and audits under ‘‘(ii) FINDINGS OF FACT.—If supported by partment under section 803; and this section. The Secretary may adjust, re- substantial evidence on the record consid- ‘‘(2) submit a report to the Secretary (in a duce, or withdraw grant amounts, or take ered as a whole, the findings of fact by the form acceptable to the Secretary) describing other action as appropriate in accordance Secretary shall be conclusive. the conclusions of the review. with the reviews and audits of the Secretary ‘‘(iii) ADDITION.—The court may order evi- ‘‘(b) CONTENT.—Each report submitted under this section, except that grant dence, in addition to the evidence submitted under this section for a fiscal year shall— amounts already expended on affordable for review under this subsection, to be taken ‘‘(1) describe the use of grant amounts pro- housing activities may not be recaptured or by the Secretary, and to be made part of the vided to the Department of Hawaiian Home deducted from future assistance provided to record. Lands for that fiscal year; the Department of Hawaiian Home Lands. ‘‘(B) SECRETARY.— ‘‘(2) assess the relationship of the use re- ‘‘SEC. 822. GENERAL ACCOUNTING OFFICE AU- ‘‘(i) IN GENERAL.—The Secretary, by reason ferred to in paragraph (1) to the goals identi- DITS. of the additional evidence referred to in sub- fied in the housing plan; ‘‘To the extent that the financial trans- paragraph (A) and filed with the court— ‘‘(3) indicate the programmatic accom- actions of the Department of Hawaiian Home ‘‘(I) may— plishments of the Department; and Lands involving grant amounts under this ‘‘(aa) modify the findings of fact of the ‘‘(4) describe the manner in which the De- title relate to amounts provided under this Secretary; or partment would change its housing plan sub- title, those transactions may be audited by ‘‘(bb) make new findings; and mitted under section 803 as a result of its ex- the Comptroller General of the United States ‘‘(II) shall file— periences. under such regulations as may be prescribed

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.001 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26305 by the Comptroller General. The Comp- entity of that name established under the exceed the rate generally charged in the area troller General of the United States shall constitution of the State of Hawaii. (as determined by the Secretary) for home have access to all books, accounts, records, ‘‘(b) AUTHORITY.—To provide access to mortgage loans not guaranteed or insured by reports, files, and other papers, things, or sources of private financing to Native Hawai- any agency or instrumentality of the Fed- property belonging to or in use by the De- ian families who otherwise could not acquire eral Government; partment of Hawaiian Home Lands per- housing financing because of the unique ‘‘(C) involve a principal obligation not ex- taining to such financial transactions and legal status of the Hawaiian Home Lands or ceeding— necessary to facilitate the audit. as a result of a lack of access to private fi- ‘‘(i) 97.75 percent of the appraised value of ‘‘SEC. 823. REPORTS TO CONGRESS. nancial markets, the Secretary may guar- the property as of the date the loan is ac- ‘‘(a) IN GENERAL.—Not later than 90 days antee an amount not to exceed 100 percent of cepted for guarantee (or 98.75 percent if the after the conclusion of each fiscal year in the unpaid principal and interest that is due value of the property is $50,000 or less); or which assistance under this title is made on an eligible loan under subsection (b). ‘‘(ii) the amount approved by the Secretary available, the Secretary shall submit to Con- ‘‘(c) ELIGIBLE LOANS.—Under this section, a under this section; and gress a report that contains— loan is an eligible loan if that loan meets the ‘‘(D) involve a payment on account of the ‘‘(1) a description of the progress made in following requirements: property— accomplishing the objectives of this title; ‘‘(1) ELIGIBLE BORROWERS.—The loan is ‘‘(i) in cash or its equivalent; or ‘‘(2) a summary of the use of funds avail- made only to a borrower who is— ‘‘(ii) through the value of any improve- able under this title during the preceding fis- ‘‘(A) a Native Hawaiian family; ments to the property made through the cal year; and ‘‘(B) the Department of Hawaiian Home skilled or unskilled labor of the borrower, as ‘‘(3) a description of the aggregate out- Lands; the Secretary shall provide. standing loan guarantees under section 184A ‘‘(C) the Office of Hawaiian Affairs; or ‘‘(d) CERTIFICATE OF GUARANTEE.— of the Housing and Community Development ‘‘(D) a private nonprofit organization expe- ‘‘(1) APPROVAL PROCESS.— Act of 1992. rienced in the planning and development of ‘‘(A) IN GENERAL.—Before the Secretary ap- ELATED REPORTS.—The Secretary ‘‘(b) R affordable housing for Native Hawaiians. proves any loan for guarantee under this sec- may require the Director to submit to the ‘‘(2) ELIGIBLE HOUSING.— tion, the lender shall submit the application Secretary such reports and other informa- ‘‘(A) IN GENERAL.—The loan will be used to for the loan to the Secretary for examina- tion as may be necessary in order for the construct, acquire, or rehabilitate not more tion. Secretary to prepare the report required than 4-family dwellings that are standard PPROVAL.—If the Secretary approves under subsection (a). ‘‘(B) A housing and are located on Hawaiian Home the application submitted under subpara- ‘‘SEC. 824. AUTHORIZATION OF APPROPRIATIONS. Lands for which a housing plan described in graph (A), the Secretary shall issue a certifi- ‘‘There are authorized to be appropriated subparagraph (B) applies. cate under this subsection as evidence of the to the Department of Housing and Urban De- ‘‘(B) HOUSING PLAN.—A housing plan de- velopment for grants under this title such loan guarantee approved. sums as may be necessary for each of fiscal scribed in this subparagraph is a housing ‘‘(2) STANDARD FOR APPROVAL.—The Sec- years 2001, 2002, 2003, 2004, and 2005.’’. plan that— retary may approve a loan for guarantee ‘‘(i) has been submitted and approved by under this section and issue a certificate SEC. 514. LOAN GUARANTEES. Subtitle E of title I of the Housing and the Secretary under section 803 of the Native under this subsection only if the Secretary Community Development Act of 1992 is American Housing Assistance and Self-De- determines that there is a reasonable pros- amended by inserting after section 184 (12 termination Act of 1996; and pect of repayment of the loan. U.S.C. 1715z–13a) the following: ‘‘(ii) provides for the use of loan guaran- ‘‘(3) EFFECT.— tees under this section to provide affordable ‘‘(A) IN GENERAL.—A certificate of guar- ‘‘SEC. 184A. LOAN GUARANTEES FOR NATIVE HA- WAIIAN HOUSING. homeownership housing on Hawaiian Home antee issued under this subsection by the ‘‘(a) DEFINITIONS.—In this section: Lands. Secretary shall be conclusive evidence of the ‘‘(1) DEPARTMENT OF HAWAIIAN HOME ‘‘(3) SECURITY.—The loan may be secured eligibility of the loan for guarantee under LANDS.—The term ‘Department of Hawaiian by any collateral authorized under applica- this section and the amount of that guar- Home Lands’ means the agency or depart- ble Federal or State law. antee. ment of the government of the State of Ha- ‘‘(4) LENDERS.— ‘‘(B) EVIDENCE.—The evidence referred to waii that is responsible for the administra- ‘‘(A) IN GENERAL.—The loan shall be made in subparagraph (A) shall be incontestable in tion of the Hawaiian Homes Commission only by a lender approved by, and meeting the hands of the bearer. Act, 1920 (42 Stat. 108 et seq.). qualifications established by, the Secretary, ‘‘(C) FULL FAITH AND CREDIT.—The full ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible including any lender described in subpara- faith and credit of the United States is entity’ means a Native Hawaiian family, the graph (B), except that a loan otherwise in- pledged to the payment of all amounts Department of Hawaiian Home Lands, the sured or guaranteed by an agency of the Fed- agreed to be paid by the Secretary as secu- Office of Hawaiian Affairs, and private non- eral Government or made by the Department rity for the obligations made by the Sec- profit or private for-profit organizations ex- of Hawaiian Home Lands from amounts bor- retary under this section. perienced in the planning and development rowed from the United States shall not be el- ‘‘(4) FRAUD AND MISREPRESENTATION.—This of affordable housing for Native Hawaiians. igible for a guarantee under this section. subsection may not be construed— ‘‘(3) FAMILY.—The term ‘family’ means one ‘‘(B) APPROVAL.—The following lenders ‘‘(A) to preclude the Secretary from estab- or more persons maintaining a household, as shall be considered to be lenders that have lishing defenses against the original lender the Secretary shall by regulation provide. been approved by the Secretary: based on fraud or material misrepresenta- ‘‘(4) GUARANTEE FUND.—The term ‘Guar- ‘‘(i) Any mortgagee approved by the Sec- tion; or antee Fund’ means the Native Hawaiian retary for participation in the single family ‘‘(B) to bar the Secretary from establishing Housing Loan Guarantee Fund established mortgage insurance program under title II of by regulations that are on the date of under subsection (i). the National Housing Act (12 U.S.C.A. 1707 et issuance or disbursement, whichever is ear- ‘‘(5) HAWAIIAN HOME LANDS.—The term ‘Ha- seq.). lier, partial defenses to the amount payable waiian Home Lands’ means lands that— ‘‘(ii) Any lender that makes housing loans on the guarantee. ‘‘(A) have the status of Hawaiian Home under chapter 37 of title 38, United States ‘‘(e) GUARANTEE FEE.— Lands under section 204 of the Hawaiian Code, that are automatically guaranteed ‘‘(1) IN GENERAL.—The Secretary shall fix Homes Commission Act (42 Stat. 110); or under section 3702(d) of title 38, United and collect a guarantee fee for the guarantee ‘‘(B) are acquired pursuant to that Act. States Code. of a loan under this section, which may not ‘‘(6) NATIVE HAWAIIAN.—The term ‘Native ‘‘(iii) Any lender approved by the Sec- exceed the amount equal to 1 percent of the Hawaiian’ means any individual who is— retary of Agriculture to make guaranteed principal obligation of the loan. ‘‘(A) a citizen of the United States; and loans for single family housing under the ‘‘(2) PAYMENT.—The fee under this sub- ‘‘(B) a descendant of the aboriginal people, Housing Act of 1949 (42 U.S.C.A. 1441 et seq.). section shall— who, prior to 1778, occupied and exercised ‘‘(iv) Any other lender that is supervised, ‘‘(A) be paid by the lender at time of sovereignty in the area that currently con- approved, regulated, or insured by any agen- issuance of the guarantee; and stitutes the State of Hawaii, as evidenced cy of the Federal Government. ‘‘(B) be adequate, in the determination of by— ‘‘(5) TERMS.—The loan shall— the Secretary, to cover expenses and prob- ‘‘(i) genealogical records; ‘‘(A) be made for a term not exceeding 30 able losses. ‘‘(ii) verification by kupuna (elders) or years; ‘‘(3) DEPOSIT.—The Secretary shall deposit kama’aina (long-term community residents); ‘‘(B) bear interest (exclusive of the guar- any fees collected under this subsection in or antee fee under subsection (d) and service the Native Hawaiian Housing Loan Guar- ‘‘(iii) birth records of the State of Hawaii. charges, if any) at a rate agreed upon by the antee Fund established under subsection (j). ‘‘(7) OFFICE OF HAWAIIAN AFFAIRS.—The borrower and the lender and determined by ‘‘(f) LIABILITY UNDER GUARANTEE.—The li- term ‘Office of Hawaiian Affairs’ means the the Secretary to be reasonable, but not to ability under a guarantee provided under

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this section shall decrease or increase on a ‘‘(ii) PAYMENT.—Upon providing the notice purpose of providing loan guarantees under pro rata basis according to any decrease or required under clause (i), the holder of the this section. increase in the amount of the unpaid obliga- guarantee certificate shall be entitled to ‘‘(2) CREDITS.—The Guarantee Fund shall tion under the provisions of the loan agree- payment under the guarantee (subject to the be credited with— ment involved. provisions of this section) and may proceed ‘‘(A) any amount, claims, notes, mort- ‘‘(g) TRANSFER AND ASSUMPTION.—Notwith- to obtain payment in one of the following gages, contracts, and property acquired by standing any other provision of law, any manners: the Secretary under this section, and any loan guaranteed under this section, includ- ‘‘(I) FORECLOSURE.— collections and proceeds therefrom; ing the security given for the loan, may be ‘‘(aa) IN GENERAL.—The holder of the cer- ‘‘(B) any amounts appropriated pursuant sold or assigned by the lender to any finan- tificate may initiate foreclosure proceedings to paragraph (7); cial institution subject to examination and (after providing written notice of that action ‘‘(C) any guarantee fees collected under supervision by an agency of the Federal Gov- to the Secretary). subsection (d); and ernment or of any State or the District of ‘‘(bb) PAYMENT.—Upon a final order by the ‘‘(D) any interest or earnings on amounts Columbia. court authorizing foreclosure and submission invested under paragraph (4). ‘‘(h) DISQUALIFICATION OF LENDERS AND to the Secretary of a claim for payment ‘‘(3) USE.—Amounts in the Guarantee Fund CIVIL MONEY PENALTIES.— under the guarantee, the Secretary shall pay shall be available, to the extent provided in ‘‘(1) IN GENERAL.— to the holder of the certificate the pro rata appropriations Acts, for— ‘‘(A) GROUNDS FOR ACTION.—The Secretary portion of the amount guaranteed (as deter- ‘‘(A) fulfilling any obligations of the Sec- may take action under subparagraph (B) if retary with respect to loans guaranteed the Secretary determines that any lender or mined pursuant to subsection (f)) plus rea- sonable fees and expenses as approved by the under this section, including the costs (as holder of a guarantee certificate under sub- that term is defined in section 502 of the Fed- section (c)— Secretary. ‘‘(cc) SUBROGATION.—The rights of the Sec- eral Credit Reform Act of 1990 (2 U.S.C. 661a)) ‘‘(i) has failed— of such loans; ‘‘(I) to maintain adequate accounting retary shall be subrogated to the rights of the holder of the guarantee. The holder shall ‘‘(B) paying taxes, insurance, prior liens, records; expenses necessary to make fiscal adjust- ‘‘(II) to service adequately loans guaran- assign the obligation and security to the Secretary. ment in connection with the application and teed under this section; or transmittal of collections, and other ex- ‘‘(III) to exercise proper credit or under- ‘‘(II) NO FORECLOSURE.— ‘‘(aa) IN GENERAL.—Without seeking fore- penses and advances to protect the Secretary writing judgment; or for loans which are guaranteed under this ‘‘(ii) has engaged in practices otherwise closure (or in any case in which a foreclosure proceeding initiated under clause (i) con- section or held by the Secretary; detrimental to the interest of a borrower or ‘‘(C) acquiring such security property at the United States. tinues for a period in excess of 1 year), the holder of the guarantee may submit to the foreclosure sales or otherwise; ‘‘(B) ACTIONS.—Upon a determination by ‘‘(D) paying administrative expenses in the Secretary that a holder of a guarantee Secretary a request to assign the obligation and security interest to the Secretary in re- connection with this section; and certificate under subsection (c) has failed to ‘‘(E) reasonable and necessary costs of re- carry out an activity described in subpara- turn for payment of the claim under the guarantee. The Secretary may accept assign- habilitation and repair to properties that the graph (A)(i) or has engaged in practices de- Secretary holds or owns pursuant to this sec- ment of the loan if the Secretary determines scribed in subparagraph (A)(ii), the Sec- tion. that the assignment is in the best interest of retary may— ‘‘(4) INVESTMENT.—Any amounts in the the United States. ‘‘(i) refuse, either temporarily or perma- Guarantee Fund determined by the Sec- ‘‘(bb) PAYMENT.—Upon assignment, the nently, to guarantee any further loans made retary to be in excess of amounts currently Secretary shall pay to the holder of the by such lender or holder; required at the time of the determination to guarantee the pro rata portion of the ‘‘(ii) bar such lender or holder from acquir- carry out this section may be invested in ob- amount guaranteed (as determined under ing additional loans guaranteed under this ligations of the United States. subsection (f)). section; and ‘‘(5) LIMITATION ON COMMITMENTS TO GUAR- ‘‘(cc) SUBROGATION.—The rights of the Sec- ‘‘(iii) require that such lender or holder as- ANTEE LOANS AND MORTGAGES.— retary shall be subrogated to the rights of sume not less than 10 percent of any loss on ‘‘(A) REQUIREMENT OF APPROPRIATIONS.— further loans made or held by the lender or the holder of the guarantee. The holder shall The authority of the Secretary to enter into holder that are guaranteed under this sec- assign the obligation and security to the commitments to guarantee loans under this tion. Secretary. section shall be effective for any fiscal year ‘‘(2) CIVIL MONEY PENALTIES FOR INTEN- ‘‘(B) REQUIREMENTS.—Before any payment to the extent, or in such amounts as are, or TIONAL VIOLATIONS.— under a guarantee is made under subpara- have been, provided in appropriations Acts, ‘‘(A) IN GENERAL.—The Secretary may im- graph (A), the holder of the guarantee shall without regard to the fiscal year for which pose a civil monetary penalty on a lender or exhaust all reasonable possibilities of collec- such amounts were appropriated. holder of a guarantee certificate under sub- tion. Upon payment, in whole or in part, to ‘‘(B) LIMITATIONS ON COSTS OF GUARAN- section (d) if the Secretary determines that the holder, the note or judgment evidencing TEES.—The authority of the Secretary to the holder or lender has intentionally the debt shall be assigned to the United enter into commitments to guarantee loans failed— States and the holder shall have no further under this section shall be effective for any ‘‘(i) to maintain adequate accounting claim against the borrower or the United fiscal year only to the extent that amounts records; States. The Secretary shall then take such in the Guarantee Fund are or have been ‘‘(ii) to adequately service loans guaran- action to collect as the Secretary determines made available in appropriations Acts to teed under this section; or to be appropriate. cover the costs (as that term is defined in ‘‘(iii) to exercise proper credit or under- ‘‘(2) LIMITATIONS ON LIQUIDATION.— section 502 of the Federal Credit Reform Act writing judgment. ‘‘(A) IN GENERAL.—If a borrower defaults on of 1990 (2 U.S.C. 661a)) of such loan guaran- ‘‘(B) PENALTIES.—A civil monetary penalty a loan guaranteed under this section that in- tees for such fiscal year. Any amounts appro- imposed under this paragraph shall be im- volves a security interest in restricted Ha- priated pursuant to this subparagraph shall posed in the manner and be in an amount waiian Home Land property, the mortgagee remain available until expended. provided under section 536 of the National or the Secretary shall only pursue liquida- ‘‘(C) LIMITATION ON OUTSTANDING AGGRE- Housing Act (12 U.S.C.A. 1735f–1) with respect tion after offering to transfer the account to GATE PRINCIPAL AMOUNT.—Subject to the lim- to mortgagees and lenders under that Act. another eligible Hawaiian family or the De- itations in subparagraphs (A) and (B), the ‘‘(3) PAYMENT ON LOANS MADE IN GOOD partment of Hawaiian Home Lands. Secretary may enter into commitments to FAITH.—Notwithstanding paragraphs (1) and ‘‘(B) LIMITATION.—If, after action is taken guarantee loans under this section for each (2), if a loan was made in good faith, the Sec- under subparagraph (A), the mortgagee or of fiscal years 2001, 2002, 2003, 2004, and 2005 retary may not refuse to pay a lender or the Secretary subsequently proceeds to liq- with an aggregate outstanding principal holder of a valid guarantee on that loan, uidate the account, the mortgagee or the amount not exceeding $100,000,000 for each without regard to whether the lender or Secretary shall not sell, transfer, or other- such fiscal year. holder is barred under this subsection. wise dispose of or alienate the property de- ‘‘(6) LIABILITIES.—All liabilities and obliga- ‘‘(i) PAYMENT UNDER GUARANTEE.— scribed in subparagraph (A) except to an- tions of the assets credited to the Guarantee ‘‘(1) LENDER OPTIONS.— other eligible Hawaiian family or to the De- Fund under paragraph (2)(A) shall be liabil- ‘‘(A) IN GENERAL.— partment of Hawaiian Home Lands. ities and obligations of the Guarantee Fund. ‘‘(i) NOTIFICATION.—If a borrower on a loan ‘‘(j) HAWAIIAN HOUSING LOAN GUARANTEE ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— guaranteed under this section defaults on FUND.— There are authorized to be appropriated to the loan, the holder of the guarantee certifi- ‘‘(1) ESTABLISHMENT.—There is established the Guarantee Fund to carry out this section cate shall provide written notice of the de- in the Treasury of the United States the Ha- such sums as may be necessary for each of fault to the Secretary. waiian Housing Loan Guarantee Fund for the fiscal years 2001, 2002, 2003, 2004, and 2005.

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‘‘(k) REQUIREMENTS FOR STANDARD HOUS- ‘‘(2) manufactured homes provide a signifi- of stabilization, support, or anchoring sys- ING.— cant resource for affordable homeownership tems; ‘‘(1) IN GENERAL.—The Secretary shall, by and rental housing accessible to all Ameri- ‘‘(20) ‘monitoring’ means the process of regulation, establish housing safety and cans. periodic review of the primary inspection quality standards to be applied for use under ‘‘(b) PURPOSES.—The purposes of this title agencies, by the Secretary or by a State this section. are— agency under an approved State plan pursu- ‘‘(2) STANDARDS.—The standards referred to ‘‘(1) to protect the quality, durability, safe- ant to section 623, in accordance with regula- in paragraph (1) shall— ty, and affordability of manufactured homes; tions promulgated under this title, giving ‘‘(A) provide sufficient flexibility to permit ‘‘(2) to facilitate the availability of afford- due consideration to the recommendations of the use of various designs and materials in able manufactured homes and to increase the consensus committee under section housing acquired with loans guaranteed homeownership for all Americans; 604(b), which process shall be for the purpose under this section; and ‘‘(3) to provide for the establishment of of ensuring that the primary inspection ‘‘(B) require each dwelling unit in any practical, uniform, and, to the extent pos- agencies are discharging their duties under housing acquired in the manner described in sible, performance-based Federal construc- this title; and subparagraph (A) to— tion standards for manufactured homes; ‘‘(21) ‘production inspection primary in- ‘‘(i) be decent, safe, sanitary, and modest ‘‘(4) to encourage innovative and cost-ef- spection agency’ means a State agency or in size and design; fective construction techniques for manufac- private organization that has been approved ‘‘(ii) conform with applicable general con- tured homes; by the Secretary to evaluate the ability of struction standards for the region in which ‘‘(5) to protect residents of manufactured manufactured home manufacturing plants to the housing is located; homes with respect to personal injuries and comply with approved quality control proce- ‘‘(iii) contain a plumbing system that— the amount of insurance costs and property dures and with the Federal manufactured ‘‘(I) uses a properly installed system of pip- damages in manufactured housing, con- home construction and safety standards pro- ing; sistent with the other purposes of this sec- mulgated hereunder, including the inspec- ‘‘(II) includes a kitchen sink and a tion; tion of homes in the plant.’’. partitional bathroom with lavatory, toilet, ‘‘(6) to establish a balanced consensus proc- (b) CONFORMING AMENDMENTS.—The Na- and bath or shower; and ess for the development, revision, and inter- tional Manufactured Housing Construction ‘‘(III) uses water supply, plumbing, and pretation of Federal construction and safety and Safety Standards Act of 1974 (42 U.S.C. sewage disposal systems that conform to any standards for manufactured homes and re- 5401 et seq.) is amended— minimum standards established by the appli- lated regulations for the enforcement of such (1) in section 613 (42 U.S.C. 5412), by strik- cable county or State; standards; ing ‘‘dealer’’ each place it appears and in- ‘‘(iv) contain an electrical system using ‘‘(7) to ensure uniform and effective en- serting ‘‘retailer’’; wiring and equipment properly installed to forcement of Federal construction and safety (2) in section 614(f) (42 U.S.C. 5413(f)), by safely supply electrical energy for adequate standards for manufactured homes; and striking ‘‘dealer’’ each place it appears and lighting and for operation of appliances that ‘‘(8) to ensure that the public interest in, inserting ‘‘retailer’’; conforms to any appropriate county, State, and need for, affordable manufactured hous- (3) in section 615 (42 U.S.C. 5414)— or national code; ing is duly considered in all determinations (A) in subsection (b)(1), by striking ‘‘deal- ‘‘(v) be not less than the size provided relating to the Federal standards and their er’’ and inserting ‘‘retailer’’; under the applicable locally adopted stand- enforcement.’’. (B) in subsection (b)(3), by striking ‘‘dealer ards for size of dwelling units, except that SEC. 603. DEFINITIONS. or dealers’’ and inserting ‘‘retailer or retail- the Secretary, upon request of the Depart- (a) IN GENERAL.—Section 603 (42 U.S.C. ers’’; and ment of Hawaiian Home Lands may waive 5402) is amended— (C) in subsections (d) and (f), by striking the size requirements under this paragraph; (1) in paragraph (2), by striking ‘‘dealer’’ ‘‘dealers’’ each place it appears and inserting and and inserting ‘‘retailer’’; ‘‘retailers’’; ‘‘(vi) conform with the energy performance (2) in paragraph (12), by striking ‘‘and’’ at (4) in section 616 (42 U.S.C. 5415), by strik- requirements for new construction estab- the end; ing ‘‘dealer’’ and inserting ‘‘retailer’’; and lished by the Secretary under section 526(a) (3) in paragraph (13), by striking the period (5) in section 623(c)(9), by striking ‘‘deal- of the National Housing Act (12 U.S.C.A. at the end and inserting a semicolon; and ers’’ and inserting ‘‘retailers’’. 1735f–4), unless the Secretary determines (4) by adding at the end the following: that the requirements are not applicable. ‘‘(14) ‘administering organization’ means SEC. 604. FEDERAL MANUFACTURED HOME CON- STRUCTION AND SAFETY STAND- ‘‘(l) APPLICABILITY OF CIVIL RIGHTS STAT- the recognized, voluntary, private sector, ARDS. UTES.—To the extent that the requirements consensus standards body with specific expe- of title VI of the Civil Rights Act of 1964 (42 rience in developing model residential build- Section 604 (42 U.S.C. 5403) is amended— U.S.C. 2000d et seq.) or of the Fair Housing ing codes and standards involving all dis- (1) by striking subsections (a) and (b) and Act (42 U.S.C.A. 3601 et seq.) apply to a guar- ciplines regarding construction and safety inserting the following: antee provided under this subsection, noth- that administers the consensus standards ‘‘(a) ESTABLISHMENT.— ing in the requirements concerning discrimi- through a development process; ‘‘(1) AUTHORITY.—The Secretary shall es- nation on the basis of race shall be construed ‘‘(15) ‘consensus committee’ means the tablish, by order, appropriate Federal manu- to prevent the provision of the guarantee to committee established under section factured home construction and safety an eligible entity on the basis that the enti- 604(a)(3); standards, each of which— ty serves Native Hawaiian families or is a ‘‘(16) ‘consensus standards development ‘‘(A) shall— Native Hawaiian family.’’. process’ means the process by which addi- ‘‘(i) be reasonable and practical; TITLE VI—MANUFACTURED HOUSING tions, revisions, and interpretations to the ‘‘(ii) meet high standards of protection IMPROVEMENT Federal manufactured home construction consistent with the purposes of this title; and safety standards and enforcement regu- and SEC. 601. SHORT TITLE; REFERENCES. lations shall be developed and recommended ‘‘(iii) be performance-based and objectively (a) SHORT TITLE.—This title may be cited to the Secretary by the consensus com- stated, unless clearly inappropriate; and as the ‘‘Manufactured Housing Improvement mittee; ‘‘(B) except as provided in subsection (b), Act of 2000’’. ‘‘(17) ‘primary inspection agency’ means a shall be established in accordance with the (b) REFERENCES.—Whenever in this title an State agency or private organization that consensus standards development process. amendment is expressed in terms of an has been approved by the Secretary to act as ‘‘(2) CONSENSUS STANDARDS AND REGU- amendment to, or repeal of, a section or a design approval primary inspection agency LATORY DEVELOPMENT PROCESS.— other provision, the reference shall be con- or a production inspection primary inspec- ‘‘(A) INITIAL AGREEMENT.—Not later than sidered to be made to that section or other tion agency, or both; 180 days after the date of enactment of the provision of the National Manufactured ‘‘(18) ‘design approval primary inspection Manufactured Housing Improvement Act of Housing Construction and Safety Standards agency’ means a State agency or private or- 2000, the Secretary shall enter into a con- Act of 1974 (42 U.S.C. 5401 et seq.). ganization that has been approved by the tract with an administering organization. SEC. 602. FINDINGS AND PURPOSES. Secretary to evaluate and either approve or The contractual agreement shall— Section 602 (42 U.S.C. 5401) is amended to disapprove manufactured home designs and ‘‘(i) terminate on the date on which a con- read as follows: quality control procedures; tract is entered into under subparagraph (B); ‘‘SEC. 602. FINDINGS AND PURPOSES. ‘‘(19) ‘installation standards’ means rea- and ‘‘(a) FINDINGS.—Congress finds that— sonable specifications for the installation of ‘‘(ii) require the administering organiza- ‘‘(1) manufactured housing plays a vital a manufactured home, at the place of occu- tion to— role in meeting the housing needs of the Na- pancy, to ensure proper siting, the joining of ‘‘(I) recommend the initial members of the tion; and all sections of the home, and the installation consensus committee under paragraph (3);

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‘‘(II) administer the consensus standards Standards Institute (or successor organiza- ‘‘(I) STAFF AND TECHNICAL SUPPORT.—The development process until the termination tion), except that the American National administering organization shall, upon the of that agreement; and Standards Institute interest categories shall request of the consensus committee— ‘‘(III) administer the consensus develop- be modified for purposes of this paragraph to ‘‘(i) provide reasonable staff resources to ment and interpretation process for proce- ensure equal representation on the consensus the consensus committee; and dural and enforcement regulations and regu- committee of the following interest cat- ‘‘(ii) furnish technical support in a timely lations specifying the permissible scope and egories: manner to any of the interest categories de- conduct of monitoring until the termination ‘‘(i) PRODUCERS.—Seven producers or re- scribed in subparagraph (D) represented on of that agreement. tailers of manufactured housing. the consensus committee, if— ‘‘(B) COMPETITIVELY PROCURED CONTRACT.— ‘‘(ii) USERS.—Seven persons representing ‘‘(I) the support is necessary to ensure the Upon the expiration of the 4-year period be- consumer interests, such as consumer orga- informed participation of the consensus com- ginning on the date on which all members of nizations, recognized consumer leaders, and mittee members; and the consensus committee are appointed owners who are residents of manufactured ‘‘(II) the costs of providing the support are under paragraph (3), the Secretary shall, homes. reasonable. using competitive procedures (as such term ‘‘(iii) GENERAL INTEREST AND PUBLIC OFFI- ‘‘(J) DATE OF INITIAL APPOINTMENTS.—The is defined in section 4 of the Office of Federal CIALS.—Seven general interest and public of- initial appointments of all of the members of Procurement Policy Act), enter into a com- ficial members. the consensus committee shall be completed petitively awarded contract with an admin- ‘‘(E) BALANCING OF INTERESTS.— not later than 90 days after the date on istering organization. The administering or- ‘‘(i) IN GENERAL.—In order to achieve a which a contractual agreement under para- ganization shall administer the consensus proper balance of interests on the consensus graph (2)(A) is entered into with the admin- process for the development and interpreta- committee, the Secretary, in appointing the istering organization. tion of the Federal standards, the procedural members of the consensus committee— ‘‘(4) REVISIONS OF STANDARDS.— and enforcement regulations, and regula- ‘‘(I) shall ensure that all directly and ma- ‘‘(A) IN GENERAL.—Beginning on the date tions specifying the permissible scope and terially affected interests have the oppor- on which all members of the consensus com- conduct of monitoring, in accordance with tunity for fair and equitable participation mittee are appointed under paragraph (3), this title. without dominance by any single interest; the consensus committee shall, not less than ‘‘(C) PERFORMANCE REVIEW.—The Sec- and once during each 2-year period— retary— ‘‘(II) may reject the appointment of any 1 ‘‘(i) consider revisions to the Federal man- ‘‘(i) shall periodically review the perform- or more individuals in order to ensure that ufactured home construction and safety ance of the administering organization; and there is not dominance by any single inter- standards; and ‘‘(ii) may replace the administering organi- est. ‘‘(ii) submit proposed revised standards, if zation with another qualified technical or approved in a vote of the consensus com- ‘‘(ii) DOMINANCE DEFINED.—In this subpara- 2 building code organization, pursuant to com- graph, the term ‘dominance’ means a posi- mittee by ⁄3 of the members, to the Sec- petitive procedures, if the Secretary deter- tion or exercise of dominant authority, lead- retary in the form of a proposed rule, includ- mines in writing that the administering or- ership, or influence by reason of superior le- ing an economic analysis. ganization is not fulfilling the terms of the verage, strength, or representation. ‘‘(B) PUBLICATION OF PROPOSED REVISED agreement or contract to which the admin- STANDARDS.— ‘‘(F) ADDITIONAL QUALIFICATIONS.— istering organization is subject or upon the ‘‘(i) PUBLICATION BY SECRETARY.—The con- ‘‘(i) FINANCIAL INDEPENDENCE.—No indi- expiration of the agreement or contract. sensus committee shall provide a proposed vidual appointed under subparagraph (D)(ii) ‘‘(3) CONSENSUS COMMITTEE.— revised standard under subparagraph (A)(ii) shall have, and 3 of the individuals appointed ‘‘(A) PURPOSE.—There is established a com- to the Secretary who shall, not later than 30 under subparagraph (D)(iii) shall not have— mittee to be known as the ‘consensus com- days after receipt, cause such proposed re- ‘‘(I) a significant financial interest in any mittee’, which shall, in accordance with this vised standard to be published in the Federal segment of the manufactured housing indus- title— Register for notice and comment in accord- try; or ‘‘(i) provide periodic recommendations to ance with section 553 of title 5, United States ‘‘(II) a significant relationship to any per- the Secretary to adopt, revise, and interpret Code. Unless clause (ii) applies, the Sec- son engaged in the manufactured housing in- the Federal manufactured housing construc- retary shall provide an opportunity for pub- tion and safety standards in accordance with dustry. lic comment on such proposed revised stand- this subsection; ‘‘(ii) POST-EMPLOYMENT BAN.—Each indi- ard in accordance with such section 553 and ‘‘(ii) provide periodic recommendations to vidual described in clause (i) shall be subject any such comments shall be submitted di- the Secretary to adopt, revise, and interpret to a ban disallowing compensation from the rectly to the consensus committee, without the procedural and enforcement regulations, manufactured housing industry during the delay. including regulations specifying the permis- period of, and during the 1-year following, ‘‘(ii) PUBLICATION OF REJECTED PROPOSED sible scope and conduct of monitoring in ac- the membership of the individual on the con- REVISED STANDARDS.—If the Secretary rejects cordance with subsection (b); sensus committee. the proposed revised standard, the Secretary ‘‘(iii) be organized and carry out its busi- ‘‘(G) MEETINGS.— shall cause to be published in the Federal ness in a manner that guarantees a fair op- ‘‘(i) NOTICE; OPEN TO PUBLIC.—The con- Register the rejected proposed revised stand- portunity for the expression and consider- sensus committee shall provide advance no- ard, the reasons for rejection, and any rec- ation of various positions and for public par- tice of each meeting of the consensus com- ommended modifications set forth. ticipation; and mittee to the Secretary and cause to be pub- ‘‘(C) PRESENTATION OF PUBLIC COMMENTS; ‘‘(iv) be deemed to be an advisory com- lished in the Federal Register advance notice PUBLICATION OF RECOMMENDED REVISIONS.— mittee not composed of Federal employees. of each such meeting. All meetings of the ‘‘(i) PRESENTATION.—Any public comments, ‘‘(B) MEMBERSHIP.—The consensus com- consensus committee shall be open to the views, and objections to a proposed revised mittee shall be composed of— public. standard published under subparagraph (B) ‘‘(i) 21 voting members appointed by the ‘‘(ii) REIMBURSEMENT.—Members of the shall be presented by the Secretary to the Secretary, after consideration of the rec- consensus committee in attendance at meet- consensus committee upon their receipt and ommendations of the administering organi- ings of the consensus committee shall be re- in the manner received, in accordance with zation, from among individuals who are imbursed for their actual expenses as author- procedures established by the American Na- qualified by background and experience to ized by section 5703 of title 5, United States tional Standards Institute. participate in the work of the consensus Code, for persons employed intermittently in ‘‘(ii) PUBLICATION BY THE SECRETARY.—The committee; and Government service. consensus committee shall provide to the ‘‘(ii) 1 nonvoting member appointed by the ‘‘(H) ADMINISTRATION.—The consensus com- Secretary any revision proposed by the con- Secretary to represent the Secretary on the mittee and the administering organization sensus committee, which the Secretary consensus committee. shall— shall, not later than 30 calendar days after ‘‘(C) DISAPPROVAL.—The Secretary shall ‘‘(i) operate in conformance with the proce- receipt, cause to be published in the Federal state, in writing, the reasons for failing to dures established by the American National Register a notice of the recommended revi- appoint any individual recommended under Standards Institute for the development and sions of the consensus committee to the paragraph (2)(A)(ii)(I). coordination of American National Stand- standards, a notice of the submission of the ‘‘(D) SELECTION PROCEDURES AND REQUIRE- ards; and recommended revisions to the Secretary, and MENTS.—Each member of the consensus com- ‘‘(ii) apply to the American National a description of the circumstances under mittee shall be appointed in accordance with Standards Institute and take such other ac- which the proposed revised standards could selection procedures, which shall be based on tions as may be necessary to obtain accredi- become effective. the procedures for consensus committees tation from the American National Stand- ‘‘(iii) PUBLICATION OF REJECTED PROPOSED promulgated by the American National ards Institute. REVISED STANDARDS.—If the Secretary rejects

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.001 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26309 the proposed revised standard, the Secretary ommendations for the revision of such regu- tion and safety standards, regulations, in- shall cause to be published in the Federal lations. spections, monitoring, or other enforcement Register the rejected proposed revised stand- ‘‘(2) INTERPRETATIVE BULLETINS.—The Sec- activities that constitutes a statement of ard, the reasons for rejection, and any rec- retary may issue interpretative bulletins to general or particular applicability to imple- ommended modifications set forth. clarify the meaning of any Federal manufac- ment, interpret, or prescribe law or policy by ‘‘(5) REVIEW BY THE SECRETARY.— tured home construction and safety standard the Secretary is subject to subsection (a) or ‘‘(A) IN GENERAL.—The Secretary shall ei- or procedural and enforcement regulation. this subsection. Any change adopted in vio- ther adopt, modify, or reject a standard, as The consensus committee may submit to the lation of subsection (a) or this subsection is submitted by the consensus committee under Secretary proposed interpretative bulletins void. paragraph (4)(A). to clarify the meaning of any Federal manu- ‘‘(7) TRANSITION.—Until the date on which ‘‘(B) TIMING.—Not later than 12 months factured home construction and safety the consensus committee is appointed pursu- after the date on which a standard is sub- standard or procedural and enforcement reg- ant to section 604(a)(3), the Secretary may mitted to the Secretary by the consensus ulation. issue proposed orders, pursuant to notice and committee, the Secretary shall take action ‘‘(3) REVIEW BY CONSENSUS COMMITTEE.—Be- comment in accordance with section 553 of regarding such standard under subparagraph fore issuing a procedural or enforcement reg- title 5, United States Code, that are not de- (C). ulation or an interpretative bulletin— veloped under the procedures set forth in ‘‘(C) PROCEDURES.—If the Secretary— ‘‘(A) the Secretary shall— this section for new and revised standards.’’; ‘‘(i) adopts a standard recommended by the ‘‘(i) submit the proposed procedural or en- (2) in subsection (d), by adding at the end consensus committee, the Secretary shall— forcement regulation or interpretative bul- the following: ‘‘Federal preemption under ‘‘(I) issue a final order without further letin to the consensus committee; and this subsection shall be broadly and liberally rulemaking; and ‘‘(ii) provide the consensus committee with construed to ensure that disparate State or ‘‘(II) cause the final order to be published a period of 120 days to submit written com- local requirements or standards do not affect in the Federal Register; ments to the Secretary on the proposed pro- the uniformity and comprehensiveness of the ‘‘(ii) determines that any standard should cedural or enforcement regulation or the in- standards promulgated under this section be rejected, the Secretary shall— terpretative bulletin; and nor the Federal superintendence of the man- ‘‘(I) reject the standard; and ‘‘(B) if the Secretary rejects any signifi- ufactured housing industry as established by ‘‘(II) cause to be published in the Federal cant comment provided by the consensus this title. Subject to section 605, there is re- Register a notice to that effect, together committee under subparagraph (A), the Sec- served to each State the right to establish with the reason or reasons for rejecting the retary shall provide a written explanation of standards for the stabilizing and support sys- proposed standard; or the reasons for the rejection to the con- tems of manufactured homes sited within ‘‘(iii) determines that a standard rec- sensus committee; and that State, and for the foundations on which ommended by the consensus committee ‘‘(C) following compliance with subpara- manufactured homes sited within that State should be modified, the Secretary shall— graphs (A) and (B), the Secretary shall— are installed, and the right to enforce com- ‘‘(I) cause to be published in the Federal ‘‘(i) cause the proposed regulation or inter- pliance with such standards, except that Register the proposed modified standard, to- pretative bulletin and the consensus com- such standards shall be consistent with the gether with an explanation of the reason or mittee’s written comments, along with the purposes of this title and shall be consistent reasons for the determination of the Sec- Secretary’s response thereto, to be published with the design of the manufacturer.’’; retary; and in the Federal Register; and (3) by striking subsection (e); ‘‘(II) provide an opportunity for public ‘‘(ii) provide an opportunity for public (4) in subsection (f), by striking the sub- comment in accordance with section 553 of comment in accordance with section 553 of section designation and all of the matter title 5, United States Code. title 5, United States Code. that precedes paragraph (1) and inserting the ‘‘(D) FINAL ORDER.—Any final standard ‘‘(4) REQUIRED ACTION.—Not later than 120 following: under this paragraph shall become effective days after the date on which the Secretary ‘‘(e) CONSIDERATIONS IN ESTABLISHING AND pursuant to subsection (c). receives a proposed regulation or interpreta- INTERPRETING STANDARDS AND REGULA- ‘‘(6) FAILURE TO ACT.—If the Secretary fails tive bulletin submitted by the consensus TIONS.—The consensus committee, in recom- to take final action under paragraph (5) and committee, the Secretary shall— mending standards, regulations, and inter- to cause notice of the action to be published ‘‘(A) approve the proposal and cause the pretations, and the Secretary, in estab- in the Federal Register before the expiration proposed regulation or interpretative bul- lishing standards or regulations or issuing of the 12-month period beginning on the date letin to be published for public comment in interpretations under this section, shall—’’; on which the proposed revised standard is accordance with section 553 of title 5, United (5) by striking subsection (g); submitted to the Secretary under paragraph States Code; or (6) in the first sentence of subsection (j), by (4)(A)— ‘‘(B) reject the proposed regulation or in- striking ‘‘subsection (f)’’ and inserting ‘‘sub- ‘‘(A) the Secretary shall appear in person terpretative bulletin and— section (e)’’; and before the appropriate housing and appro- ‘‘(i) provide to the consensus committee a (7) by redesignating subsections (h), (i), priations subcommittees and committees of written explanation of the reasons for rejec- and (j), as subsections (f), (g), and (h), respec- the House of Representatives and the Senate tion; and tively. (referred to in this paragraph as the ‘com- ‘‘(ii) cause to be published in the Federal SEC. 605. ABOLISHMENT OF NATIONAL MANUFAC- mittees’) on a date or dates to be specified by Register the rejected proposed regulation or TURED HOME ADVISORY COUNCIL; the committees, but in no event later than 30 interpretive bulletin, the reasons for rejec- MANUFACTURED HOME INSTALLA- TION. days after the expiration of that 12-month tion, and any recommended modifications (a) IN GENERAL.—Section 605 (42 U.S.C. period, and shall state before the committees set forth. 5404) is amended to read as follows: the reasons for failing to take final action as ‘‘(5) AUTHORITY TO ACT AND EMERGENCY.—If ‘‘SEC. 605. MANUFACTURED HOME INSTALLA- required under paragraph (5); and the Secretary determines, in writing, that TION. ‘‘(B) if the Secretary does not appear in such action is necessary to address an issue ‘‘(a) PROVISION OF INSTALLATION DESIGN person as required under subparagraph (A), on which the Secretary determines that the AND INSTRUCTIONS.—A manufacturer shall the Secretary shall thereafter, and until consensus committee has not made a timely provide with each manufactured home, de- such time as the Secretary does appear as re- recommendation following a request by the sign and instructions for the installation of quired under subparagraph (A), be prohibited Secretary, or in order to respond to an emer- the manufactured home that have been ap- from expending any funds collected under gency that jeopardizes the public health or proved by a design approval primary inspec- authority of this title in an amount greater safety, the Secretary may issue an order tion agency. After establishment of model than that collected and expended in the fis- that is not developed under the procedures standards under subsection (b)(2), a design cal year immediately preceding the date of set forth in subsection (a) or in this sub- approval primary inspection agency may not enactment of the Manufactured Housing Im- section, if the Secretary— give such approval unless a design and in- provement Act of 2000, indexed for inflation ‘‘(A) provides to the consensus committee struction provides equal or greater protec- as determined by the Congressional Budget a written description and sets forth the rea- tion than the protection provided under such Office. sons why action is necessary and all sup- model standards. ‘‘(b) OTHER ORDERS.— porting documentation; and ‘‘(b) MODEL MANUFACTURED HOME INSTAL- ‘‘(1) REGULATIONS.—The Secretary may ‘‘(B) issues the order after notice and an LATION STANDARDS.— issue procedural and enforcement regula- opportunity for public comment in accord- ‘‘(1) PROPOSED MODEL STANDARDS.—Not tions and revisions to existing regulations as ance with section 553 of title 5, United States later than 18 months after the date on which necessary to implement the provisions of Code, and causes the order to be published in the initial appointments of all of the mem- this title. The consensus committee may the Federal Register. bers of the consensus committee are com- submit to the Secretary proposed procedural ‘‘(6) CHANGES.—Any statement of policies, pleted, the consensus committee shall de- and enforcement regulations and rec- practices, or procedures relating to construc- velop and submit to the Secretary proposed

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model manufactured home installation ‘‘(3) REQUIREMENTS.—An installation pro- ‘‘(1) GOVERNMENT-SPONSORED HOUSING ENTI- standards, which shall, to the maximum ex- gram meets the requirements of this para- TIES.—The term ‘government-sponsored tent practicable, taking into account the graph if it is a program regulating the in- housing entities’ means the Government Na- factors described in section 604(e), be con- stallation of manufactured homes that in- tional Mortgage Association of the Depart- sistent with— cludes— ment of Housing and Urban Development, ‘‘(A) the manufactured home designs that ‘‘(A) installation standards that, in the de- the Federal National Mortgage Association, have been approved by a design approval pri- termination of the Secretary, provide pro- and the Federal Home Loan Mortgage Cor- mary inspection agency; and tection to the residents of manufactured poration. ‘‘(B) the designs and instructions for the homes that equals or exceeds the protection ‘‘(2) FHA MANUFACTURED HOME LOAN.—The installation of manufactured homes provided provided to those residents by— term ‘FHA manufactured home loan’ means by manufacturers under subsection (a). ‘‘(i) the model manufactured home instal- a loan that— ‘‘(2) ESTABLISHMENT OF MODEL STAND- lation standards established by the Sec- ‘‘(A) is insured under title I of the National ARDS.—Not later than 12 months after receiv- retary under subsection (b)(2); or Housing Act and is made for the purpose of ing the proposed model standards submitted ‘‘(ii) the designs and instructions provided financing alterations, repairs, or improve- under paragraph (1), the Secretary shall de- by manufacturers under subsection (a), if the ments on or in connection with an existing velop and establish model manufactured Secretary determines that such designs and manufactured home, the purchase of a manu- home installation standards, which shall, to instructions provide protection to the resi- factured home, the purchase of a manufac- the maximum extent practicable, taking dents of manufactured homes that equals or tured home and a lot on which to place the into account the factors described in section exceeds the protection provided by the model home, or the purchase only of a lot on which 604(e), be consistent with— manufactured home installation standards to place a manufactured home; or ‘‘(A) the manufactured home designs that established by the Secretary under sub- ‘‘(B) is otherwise insured under the Na- have been approved by a design approval pri- section (b)(2); tional Housing Act and made for or in con- mary inspection agency; and ‘‘(B) the training and licensing of manufac- nection with a manufactured home.’’. ‘‘(B) the designs and instructions for the tured home installers; and SEC. 608. PROHIBITED ACTS. installation of manufactured homes provided ‘‘(C) inspection of the installation of manu- by manufacturers under subsection (a). Section 610(a) (42 U.S.C. 5409(a)) is amend- factured homes.’’. ed— ‘‘(3) FACTORS FOR CONSIDERATION.— (b) CONFORMING AMENDMENTS.—Section ‘‘(A) CONSENSUS COMMITTEE.—In developing (1) in paragraph (5), by striking ‘‘or’’ at the 623(c) (42 U.S.C. 5422(c)) is amended— end; the proposed model standards under para- (1) in paragraph (10), by striking ‘‘and’’ at graph (1), the consensus committee shall (2) in paragraph (6), by striking the period the end; at the end and inserting ‘‘; or’’; and consider the factors described in section (2) by redesignating paragraph (11) as para- 604(e). (3) by adding at the end the following new graph (13); and paragraph: ‘‘(B) SECRETARY.—In developing and estab- (3) by inserting after paragraph (10) the fol- lishing the model standards under paragraph ‘‘(7) after the expiration of the period spec- lowing: ified in section 605(c)(2)(B), fail to comply (2), the Secretary shall consider the factors ‘‘(11) with respect to any State plan sub- described in section 604(e). with the requirements for the installation mitted on or after the expiration of the 5- program required by section 605 in any State ‘‘(4) ISSUANCE.—The model manufactured year period beginning on the date of enact- home installation standards shall be issued that has not adopted and implemented a ment of the Manufactured Housing Improve- State installation program.’’. after notice and an opportunity for public ment Act of 2000, provides for an installation comment in accordance with section 553 of program established by State law that meets SEC. 609. FEES. title 5, United States Code. the requirements of section 605(c)(3);’’. Section 620 (42 U.S.C. 5419) is amended to ‘‘(c) MANUFACTURED HOME INSTALLATION read as follows: PROGRAMS.— SEC. 606. PUBLIC INFORMATION. ‘‘SEC. 620. AUTHORITY TO COLLECT FEE. ‘‘(1) PROTECTION OF MANUFACTURED HOUSING Section 607 (42 U.S.C. 5406) is amended— RESIDENTS DURING INITIAL PERIOD.—During (1) in subsection (a)— ‘‘(a) IN GENERAL.—In carrying out inspec- the 5-year period beginning on the date of (A) by inserting ‘‘to the Secretary’’ after tions under this title, in developing stand- enactment of the Manufactured Housing Im- ‘‘submit’’; and ards and regulations pursuant to section 604, provement Act of 2000, no State or manufac- (B) by adding at the end the following: and in facilitating the acceptance of the af- turer may establish or implement any instal- ‘‘The Secretary shall submit such cost and fordability and availability of manufactured lation standards that, in the determination other information to the consensus com- housing within the Department, the Sec- of the Secretary, provide less protection to mittee for evaluation.’’; retary may— the residents of manufactured homes than (2) in subsection (d), by inserting ‘‘, the ‘‘(1) establish and collect from manufac- the protection provided by the installation consensus committee,’’ after ‘‘public’’; and tured home manufacturers a reasonable fee, standards in effect with respect to the State (3) by striking subsection (c) and redesig- as may be necessary to offset the expenses or manufacturer, as applicable, on the date nating subsections (d) and (e) as subsections incurred by the Secretary in connection with of enactment of the Manufactured Housing (c) and (d), respectively. carrying out the responsibilities of the Sec- Improvement Act of 2000. SEC. 607. RESEARCH, TESTING, DEVELOPMENT, retary under this title, including— ‘‘(2) INSTALLATION STANDARDS.— AND TRAINING. ‘‘(A) conducting inspections and moni- ‘‘(A) ESTABLISHMENT OF INSTALLATION PRO- (a) IN GENERAL.—Section 608(a) (42 U.S.C. toring; GRAM.—Not later than the expiration of the 5407(a)) is amended— ‘‘(B) providing funding to States for the ad- 5-year period described in paragraph (1), the (1) in paragraph (2), by striking ‘‘and’’ at ministration and implementation of ap- Secretary shall establish an installation pro- the end; proved State plans under section 623, includ- gram that meets the requirements of para- (2) in paragraph (3), by striking the period ing reasonable funding for cooperative edu- graph (3) for the enforcement of installation at the end and inserting a semicolon; and cational and training programs designed to standards in each State described in subpara- (3) by adding at the end the following: facilitate uniform enforcement under this graph (B) of this paragraph. ‘‘(4) encouraging the government-spon- title, which funds may be paid directly to ‘‘(B) IMPLEMENTATION OF INSTALLATION PRO- sored housing entities to actively develop the States or may be paid or provided to any GRAM.—Beginning on the expiration of the 5- and implement secondary market person or entity designated to receive and year period described in paragraph (1), the securitization programs for the FHA manu- disburse such funds by cooperative agree- Secretary shall implement the installation factured home loans and those of other loan ments among participating States, provided program established under subparagraph (A) programs, as appropriate, thereby promoting that such person or entity is not otherwise in each State that does not have an installa- the availability of affordable manufactured an agent of the Secretary under this title; tion program established by State law that homes to increase homeownership for all ‘‘(C) providing the funding for a noncareer meets the requirements of paragraph (3). people in the United States; and administrator within the Department to ad- ‘‘(C) CONTRACTING OUT OF IMPLEMENTA- ‘‘(5) reviewing the programs for FHA man- minister the manufactured housing program; TION.—In carrying out subparagraph (B), the ufactured home loans and developing any ‘‘(D) providing the funding for salaries and Secretary may contract with an appropriate changes to such programs to promote the af- expenses of employees of the Department to agent to implement the installation program fordability of manufactured homes, includ- carry out the manufactured housing pro- established under that subparagraph, except ing changes in loan terms, amortization peri- gram; that such agent shall not be a person or enti- ods, regulations, and procedures.’’. ‘‘(E) administering the consensus com- ty other than a government, nor an affiliate (b) DEFINITIONS.—Section 608 (42 U.S.C. mittee as set forth in section 604; or subsidiary of such a person or entity, that 5407) is amended by adding at the end the fol- ‘‘(F) facilitating the acceptance of the has entered into a contract with the Sec- lowing: quality, durability, safety, and affordability retary to implement any other regulatory ‘‘(c) DEFINITIONS.—For purposes of this sec- of manufactured housing within the Depart- program under this title. tion, the following definitions shall apply: ment; and

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.001 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26311 ‘‘(G) the administration and enforcement of appropriate orders, for the correction or (2) the expiration of the contract term. of the installation standards authorized by repair of defects in manufactured homes that TITLE VII—RURAL HOUSING section 605 in States in which the Secretary are reported during the 1-year period begin- HOMEOWNERSHIP is required to implement an installation pro- ning on the date of installation; and’’; and SEC. 701. GUARANTEES FOR REFINANCING OF gram after the expiration of the 5-year pe- (2) by adding at the end the following: RURAL HOUSING LOANS. riod set forth in section 605(c)(2)(B), and the ‘‘(g) ENFORCEMENT OF DISPUTE RESOLUTION Section 502(h) of the Housing Act of 1949 (42 administration and enforcement of a dispute STANDARDS.— U.S.C. 1472(h)) is amended by adding at the resolution program described in section ‘‘(1) ESTABLISHMENT OF DISPUTE RESOLUTION end the following new paragraph: PROGRAM 623(c)(12) in States in which the Secretary is .—Not later than the expiration of ‘‘(13) GUARANTEES FOR REFINANCING required to implement such a program after the 5-year period beginning on the date of LOANS.— the expiration of the 5-year period set forth enactment of the Manufactured Housing Im- ‘‘(A) IN GENERAL.—Upon the request of the in section 623(g)(2); and provement Act of 2000, the Secretary shall borrower, the Secretary shall, to the extent ‘‘(2) subject to subsection (e), use amounts establish a dispute resolution program that provided in appropriation Acts and subject from any fee collected under paragraph (1) of meets the requirements of subsection (c)(12) to subparagraph (F), guarantee a loan that is this subsection to pay expenses referred to in for dispute resolution in each State de- made to refinance an existing loan that is that paragraph, which shall be exempt and scribed in paragraph (2) of this subsection. made under this section or guaranteed under separate from any limitations on the Depart- The order establishing the dispute resolution this subsection, and that the Secretary de- ment regarding full-time equivalent posi- program shall be issued after notice and op- termines complies with the requirements of tions and travel. portunity for public comment in accordance this paragraph. ‘‘(b) CONTRACTORS.—In using amounts from with section 553 of title 5, United States ‘‘(B) INTEREST RATE.—To be eligible for a any fee collected under this section, the Sec- Code. guarantee under this paragraph, the refi- retary shall ensure that separate and inde- ‘‘(2) IMPLEMENTATION OF DISPUTE RESOLU- nancing loan shall have a rate of interest pendent contractors are retained to carry TION PROGRAM.—Beginning on the expiration that is fixed over the term of the loan and out monitoring and inspection work and any of the 5-year period described in paragraph does not exceed the interest rate of the loan other work that may be delegated to a con- (1), the Secretary shall implement the dis- being refinanced. tractor under this title. pute resolution program established under ‘‘(C) SECURITY.—To be eligible for a guar- ‘‘(c) PROHIBITED USE.—No amount from paragraph (1) in each State that has not es- antee under this paragraph, the refinancing any fee collected under this section may be tablished a dispute resolution program that loan shall be secured by the same single-fam- used for any purpose or activity not specifi- meets the requirements of subsection (c)(12). ily residence as was the loan being refi- cally authorized by this title, unless such ac- ‘‘(3) CONTRACTING OUT OF IMPLEMENTA- nanced, which shall be owned by the bor- tivity was already engaged in by the Sec- TION.—In carrying out paragraph (2), the Sec- rower and occupied by the borrower as the retary prior to the date of enactment of the retary may contract with an appropriate principal residence of the borrower. Manufactured Housing Improvement Act of agent to implement the dispute resolution ‘‘(D) AMOUNT.—To be eligible for a guar- 2000. program established under paragraph (2), ex- antee under this paragraph, the principal ob- ‘‘(d) MODIFICATION.—Beginning on the date cept that such agent shall not be a person or ligation under the refinancing loan shall not of enactment of the Manufactured Housing entity other than a government, nor an affil- exceed an amount equal to the sum of the Improvement Act of 2000, the amount of any iate or subsidiary of such a person or entity, balance of the loan being refinanced and fee collected under this section may only be that has entered into a contract with the such closing costs as may be authorized by modified— Secretary to implement any other regu- the Secretary, which shall include a discount ‘‘(1) as specifically authorized in advance latory program under this title.’’. not exceeding 200 basis points and an origi- in an annual appropriations Act; and SEC. 611. ELIMINATION OF ANNUAL REPORTING nation fee not exceeding such amount as the ‘‘(2) pursuant to rulemaking in accordance REQUIREMENT. Secretary shall prescribe. with section 553 of title 5, United States The National Manufactured Housing Con- ‘‘(E) OTHER REQUIREMENTS.—The provisions Code. struction and Safety Standards Act of 1974 of the last sentence of paragraph (1) and ‘‘(e) APPROPRIATION AND DEPOSIT OF (42 U.S.C. 5401 et seq.) is amended— paragraphs (2), (5), (6)(A), (7), and (9) shall FEES.— (1) by striking section 626 (42 U.S.C. 5425); apply to loans guaranteed under this para- ‘‘(1) IN GENERAL.—There is established in and graph, and no other provisions of paragraphs the Treasury of the United States a fund to (2) by redesignating sections 627 and 628 (42 (1) through (12) shall apply to such loans. be known as the ‘Manufactured Housing Fees U.S.C. 5426, 5401 note) as sections 626 and 627, ‘‘(F) AUTHORITY TO ESTABLISH LIMITATION.— Trust Fund’ for deposit of amounts from any respectively. The Secretary may establish limitations on fee collected under this section. Such SEC. 612. EFFECTIVE DATE. the number of loans guaranteed under this amounts shall be held in trust for use only as The amendments made by this title shall paragraph, which shall be based on market provided in this title. take effect on the date of enactment of this conditions and other factors as the Secretary ‘‘(2) APPROPRIATION.—Amounts from any Act, except that the amendments shall have considers appropriate.’’. fee collected under this section shall be no effect on any order or interpretative bul- available for expenditure only to the extent SEC. 702. PROMISSORY NOTE REQUIREMENT letin that is issued under the National Manu- UNDER HOUSING REPAIR LOAN PRO- approved in advance in an annual appropria- factured Housing Construction and Safety GRAM. tions Act. Any change in the expenditure of Standards Act of 1974 (42 U.S.C. 5401 et seq.) The fourth sentence of section 504(a) of the such amounts shall be specifically author- and published as a proposed rule pursuant to Housing Act of 1949 (42 U.S.C. 1474(a)) is ized in advance in an annual appropriations section 553 of title 5, United States Code, on amended by striking ‘‘$2,500’’ and inserting Act. or before that date of enactment. ‘‘$7,500’’. AYMENTS TO STATES ‘‘(3) P .—On and after SEC. 613. SAVINGS PROVISIONS. SEC. 703. LIMITED PARTNERSHIP ELIGIBILITY the effective date of the Manufactured Hous- (a) STANDARDS AND REGULATIONS.—The FOR FARM LABOR HOUSING LOANS. ing Improvement Act of 2000, the Secretary Federal manufactured home construction The first sentence of section 514(a) of the shall continue to fund the States having ap- and safety standards (as such term is defined Housing Act of 1949 (42 U.S.C. 1484(a)) is proved State plans in the amounts which are in section 603 of the National Manufactured amended by striking ‘‘nonprofit limited not less than the allocated amounts, based Housing Construction and Safety Standards partnership’’ and inserting ‘‘limited partner- on the fee distribution system in effect on Act of 1974) and all regulations pertaining ship’’. the day before such effective date.’’. thereto in effect on the day before the date SEC. 704. PROJECT ACCOUNTING RECORDS AND SEC. 610. DISPUTE RESOLUTION. of enactment of this Act shall apply until PRACTICES. Section 623(c) (42 U.S.C. 5422(c)) is amend- the effective date of a standard or regulation Section 515 of the Housing Act of 1949 (42 ed— modifying or superseding the existing stand- U.S.C. 1485) is amended by striking sub- (1) by inserting after paragraph (11) (as ard or regulation that is promulgated under section (z) and inserting the following new added by the preceding provisions of this subsection (a) or (b) of section 604 of the Na- subsections: title) the following: tional Manufactured Housing Construction ‘‘(z) ACCOUNTING AND RECORDKEEPING RE- ‘‘(12) with respect to any State plan sub- and Safety Standards Act of 1974, as amend- QUIREMENTS.— mitted on or after the expiration of the 5- ed by this title. ‘‘(1) ACCOUNTING STANDARDS.—The Sec- year period beginning on the date of enact- (b) CONTRACTS.—Any contract awarded retary shall require that borrowers in pro- ment of the Manufactured Housing Improve- pursuant to a Request for Proposal issued be- grams authorized by this section maintain ment Act of 2000, provides for a dispute reso- fore the date of enactment of this Act shall accounting records in accordance with gen- lution program for the timely resolution of remain in effect until the earlier of— erally accepted accounting principles for all disputes between manufacturers, retailers, (1) the expiration of the 2-year period be- projects that receive funds from loans made and installers of manufactured homes re- ginning on the date of enactment of this Act; or guaranteed by the Secretary under this garding responsibility, and for the issuance or section.

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‘‘(2) RECORD RETENTION REQUIREMENTS.— SEC. 706. OPERATING ASSISTANCE FOR MIGRANT SEC. 708. ENFORCEMENT PROVISIONS. The Secretary shall require that borrowers FARMWORKERS PROJECTS. (a) IN GENERAL.—Title V of the Housing in programs authorized by this section re- The last sentence of section 521(a)(5)(A) of Act of 1949 (42 U.S.C. 1471 et seq.) is amended tain for a period of not less than 6 years and the Housing Act of 1949 (42 U.S.C. by adding after section 542 the following: make available to the Secretary in a manner 1490a(a)(5)(A)) is amended by striking ‘‘SEC. 543. ENFORCEMENT PROVISIONS. determined by the Secretary, all records re- ‘‘project’’ and inserting ‘‘tenant or unit’’. ‘‘(a) EQUITY SKIMMING.— quired to be maintained under this sub- SEC. 707. MULTIFAMILY RENTAL HOUSING LOAN ‘‘(1) CRIMINAL PENALTY.—Whoever, as an section and other records identified by the GUARANTEE PROGRAM. owner, agent, employee, or manager, or is Secretary in applicable regulations. Section 538 of the Housing Act of 1949 (42 otherwise in custody, control, or possession ‘‘(aa) DOUBLE DAMAGES FOR UNAUTHORIZED U.S.C. 1490p–2) is amended— of property that is security for a loan made USE OF HOUSING PROJECTS ASSETS AND IN- (1) in subsection (c), by inserting ‘‘an In- or guaranteed under this title, willfully uses, COME.— dian tribe,’’ after ‘‘thereof,’’; or authorizes the use, of any part of the ‘‘(1) ACTION TO RECOVER ASSETS OR IN- (2) in subsection (f), by striking paragraph rents, assets, proceeds, income, or other COME.— (1) and inserting the following new para- funds derived from such property, for any ‘‘(A) IN GENERAL.—The Secretary may re- graph: purpose other than to meet actual, reason- quest the Attorney General to bring an ac- ‘‘(1) be made for a period of not less than able, and necessary expenses of the property, tion in a United States district court to re- 25 nor greater than 40 years from the date or for any other purpose not authorized by cover any assets or income used by any per- the loan was made and may provide for am- this title or the regulations adopted pursu- son in violation of the provisions of a loan ortization of the loan over a period of not to ant to this title, shall be fined under title 18, made or guaranteed by the Secretary under exceed 40 years with a final payment of the United States Code, or imprisoned not more this section or in violation of any applicable balance due at the end of the loan term;’’; than 5 years, or both. statute or regulation. (3) in subsection (i)(2), by striking ‘‘(A) ‘‘(2) CIVIL SANCTIONS.—An entity or indi- ‘‘(B) IMPROPER DOCUMENTATION.—For pur- conveyance to the Secretary’’ and all that vidual who as an owner, operator, employee, poses of this subsection, a use of assets or in- follows through ‘‘(C) assignment’’ and insert- or manager, or who acts as an agent for a come in violation of the applicable loan, loan ing ‘‘(A) submission to the Secretary of a property that is security for a loan made or guarantee, statute, or regulation shall in- claim for payment under the guarantee, and guaranteed under this title where any part of clude any use for which the documentation (B) assignment’’; the rents, assets, proceeds, income, or other in the books and accounts does not establish (4) in subsection (s), by adding at the end funds derived from such property are used that the use was made for a reasonable oper- the following new subsection: for any purpose other than to meet actual, ating expense or necessary repair of the ‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ reasonable, and necessary expenses of the project or for which the documentation has means— not been maintained in accordance with the property, or for any other purpose not au- ‘‘(A) any Indian tribe, band, nation, or requirements of the Secretary and in reason- thorized by this title or the regulations other organized group or community of Indi- able condition for proper audit. adopted pursuant to this title, shall be sub- ans, including any Alaska Native village or ject to a fine of not more than $25,000 per ‘‘(C) DEFINITION.—For the purposes of this regional or village corporation, as defined by subsection, the term ‘person’ means— violation. The sanctions provided in this ‘‘(i) any individual or entity that borrows or established pursuant to the Alaska Native paragraph may be imposed in addition to any funds in accordance with programs author- Claims Settlement Act (43 U.S.C. 1601 et other civil sanctions or civil monetary pen- ized by this section; seq.), that is recognized as eligible for the alties authorized by law. ‘‘(ii) any individual or entity holding 25 special programs and services provided by ‘‘(b) CIVIL MONETARY PENALTIES.— percent or more interest of any entity that the United States to Indians because of their ‘‘(1) IN GENERAL.—The Secretary may, after borrows funds in accordance with programs status as Indians pursuant to the Indian notice and opportunity for a hearing, impose authorized by this section; and Self-Determination and Education Assist- a civil monetary penalty in accordance with ‘‘(iii) any officer, director, or partner of an ance Act of 1975 (25 U.S.C. 450 et seq.); or this subsection against any individual or en- entity that borrows funds in accordance with ‘‘(B) any entity established by the gov- tity, including its owners, officers, directors, programs authorized by this section. erning body of an Indian tribe described in general partners, limited partners, or em- ‘‘(2) AMOUNT RECOVERABLE.— subparagraph (A) for the purpose of financ- ployees, who knowingly and materially vio- ‘‘(A) IN GENERAL.—In any judgment favor- ing economic development.’’; late, or participate in the violation of, the able to the United States entered under this (5) in subsection (t), by inserting before the provisions of this title, the regulations subsection, the Attorney General may re- period at the end the following: ‘‘to provide issued by the Secretary pursuant to this cover double the value of the assets and in- guarantees under this section for eligible title, or agreements made in accordance come of the project that the court deter- loans having an aggregate principal amount with this title, by— mines to have been used in violation of the of $500,000,000’’; ‘‘(A) submitting information to the Sec- provisions of a loan made or guaranteed by (6) by striking subsection (l); retary that is false; the Secretary under this section or any ap- (7) by redesignating subsections (m) ‘‘(B) providing the Secretary with false plicable statute or regulation, plus all costs through (u) as subsections (l) through (t), re- certifications; related to the action, including reasonable spectively; and ‘‘(C) failing to submit information re- attorney and auditing fees. (8) by adding at the end the following new quested by the Secretary in a timely man- ‘‘(B) APPLICATION OF RECOVERED FUNDS.— subsections: ner; Notwithstanding any other provision of law, ‘‘(u) FEE AUTHORITY.—Any amounts col- ‘‘(D) failing to maintain the property sub- the Secretary may use amounts recovered lected by the Secretary pursuant to the fees ject to loans made or guaranteed under this under this subsection for activities author- charged to lenders for loan guarantees issued title in good repair and condition, as deter- ized under this section and such funds shall under this section shall be used to offset mined by the Secretary; remain available for such use until expended. costs (as defined by section 502 of the Con- ‘‘(E) failing to provide management for a ‘‘(3) TIME LIMITATION.—Notwithstanding gressional Budget Act of 1974 (2 U.S.C. 661a)) project which received a loan made or guar- any other provision of law, an action under of loan guarantees made under this section. anteed under this title that is acceptable to this subsection may be commenced at any ‘‘(v) DEFAULTS OF LOANS SECURED BY RES- the Secretary; or time during the 6-year period beginning on ERVATION LANDS.—In the event of a default ‘‘(F) failing to comply with the provisions the date that the Secretary discovered or involving a loan to an Indian tribe or tribal of applicable civil rights statutes and regula- should have discovered the violation of the corporation made under this section which is tions. provisions of this section or any related stat- secured by an interest in land within such ‘‘(2) CONDITIONS FOR RENEWAL OR EXTEN- utes or regulations. tribe’s reservation (as determined by the SION.—The Secretary may require that expir- ‘‘(4) CONTINUED AVAILABILITY OF OTHER Secretary of the Interior), including a com- ing loan or assistance agreements entered REMEDIES.—The remedy provided in this sub- munity in Alaska incorporated by the Sec- into under this title shall not be renewed or section is in addition to and not in substi- retary of the Interior pursuant to the Indian extended unless the owner executes an agree- tution of any other remedies available to the Reorganization Act (25 U.S.C. 461 et seq.), the ment to comply with additional conditions Secretary or the United States.’’. lender shall only pursue liquidation after of- prescribed by the Secretary, or executes a SEC. 705. DEFINITION OF RURAL AREA. fering to transfer the account to an eligible new loan or assistance agreement in the The second sentence of section 520 of the tribal member, the tribe, or the Indian hous- form prescribed by the Secretary. Housing Act of 1949 (42 U.S.C. 1490) is amend- ing authority serving the tribe. If the lender ‘‘(3) AMOUNT.— ed— subsequently proceeds to liquidate the ac- ‘‘(A) IN GENERAL.—The amount of a civil (1) by striking ‘‘1990 decennial census’’ and count, the lender shall not sell, transfer, or monetary penalty imposed under this sub- inserting ‘‘1990 or 2000 decennial census’’; and otherwise dispose of or alienate the property section shall not exceed the greater of— (2) by striking ‘‘year 2000’’ and inserting except to one of the entities described in the ‘‘(i) twice the damages the Department of ‘‘year 2010’’. preceding sentence.’’. Agriculture, the guaranteed lender, or the

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.001 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26313 project that is secured for a loan under this proposed rulemaking shall be provided by supportive services, which may include the section suffered or would have suffered as a publication in the Federal Register. In financing of service coordinators and con- result of the violation; or issuing such regulations, the Secretary shall gregate services; ‘‘(ii) $50,000 per violation. take such actions as may be necessary to en- (2) rehabilitation, modernization, or retro- ‘‘(B) DETERMINATION.—In determining the sure that such tenants are notified of, and fitting of structures, common areas, or indi- amount of a civil monetary penalty under provided an opportunity to participate in, vidual dwelling units; this subsection, the Secretary shall take the rulemaking, as required by such section (3) construction of an addition or other fa- into consideration— 553. cility in the project, including assisted liv- ‘‘(i) the gravity of the offense; SEC. 803. EFFECTIVE DATE. ing facilities (or, upon the approval of the ‘‘(ii) any history of prior offenses by the vi- (a) IN GENERAL.—The provisions of this Secretary, facilities located in the commu- olator (including offenses occurring prior to title and the amendments made by this title nity where the project sponsor refinances a the enactment of this section); are effective as of the date of enactment of project under this section, or pools shared ‘‘(iii) the ability of the violator to pay the this Act, unless such provisions or amend- resources from more than 1 such project); or penalty; ments specifically provide for effectiveness (4) rent reduction of unassisted tenants re- ‘‘(iv) any injury to tenants; or applicability upon another date certain. siding in the project according to a pro rata ‘‘(v) any injury to the public; (b) EFFECT OF REGULATORY AUTHORITY.— allocation of shared savings resulting from ‘‘(vi) any benefits received by the violator Any authority in this title or the amend- the refinancing. ments made by this title to issue regula- as a result of the violation; (d) USE OF CERTAIN PROJECT FUNDS.—The ‘‘(vii) deterrence of future violations; and tions, and any specific requirement to issue regulations by a date certain, may not be Secretary shall allow a project sponsor that ‘‘(viii) such other factors as the Secretary construed to affect the effectiveness or appli- is prepaying and refinancing a project under may establish by regulation. cability of the provisions of this title or the this section— ‘‘(4) PAYMENT OF PENALTIES.—No payment amendments made by this title under such (1) to use any residual receipts held for of a penalty assessed under this section may provisions and amendments and subsection that project in excess of $500 per individual be made from funds provided under this title (a) of this section. dwelling unit for not more than 15 percent of or from funds of a project which serve as se- the cost of activities designed to increase the curity for a loan made or guaranteed under Subtitle A—Refinancing for Section 202 Supportive Housing for the Elderly availability or provision of supportive serv- this title. ices; and SEC. 811. PREPAYMENT AND REFINANCING. ‘‘(5) REMEDIES FOR NONCOMPLIANCE.— (2) to use any reserves for replacement in (a) APPROVAL OF PREPAYMENT OF DEBT.— ‘‘(A) JUDICIAL INTERVENTION.—If a person excess of $1,000 per individual dwelling unit or entity fails to comply with a final deter- Upon request of the project sponsor of a project assisted with a loan under section 202 for activities described in paragraphs (2) and mination by the Secretary imposing a civil (3) of subsection (c). monetary penalty under this subsection, the of the Housing Act of 1959 (as in effect before Secretary may request the Attorney General the enactment of the Cranston-Gonzalez Na- (e) BUDGET ACT COMPLIANCE.—This section of the United States to bring an action in an tional Affordable Housing Act), the Sec- shall be effective only to extent or in such appropriate United States district court to retary shall approve the prepayment of any amounts that are provided in advance in ap- obtain a monetary judgment against such in- indebtedness to the Secretary relating to propriation Acts. any remaining principal and interest under dividual or entity and such other relief as the loan as part of a prepayment plan under Subtitle B—Authorization of Appropriations may be available. The monetary judgment which— for Supportive Housing for the Elderly and may, in the court’s discretion, include the (1) the project sponsor agrees to operate Persons With Disabilities attorney’s fees and other expenses incurred the project until the maturity date of the by the United States in connection with the SEC. 821. SUPPORTIVE HOUSING FOR ELDERLY original loan under terms at least as advan- action. PERSONS. tageous to existing and future tenants as the ‘‘(B) REVIEWABILITY OF DETERMINATION.—In Section 202 of the Housing Act of 1959 (12 terms required by the original loan agree- an action under this paragraph, the validity U.S.C. 1701q) is amended by adding at the end ment or any rental assistance payments con- and appropriateness of a determination by the following: tract under section 8 of the United States the Secretary imposing the penalty shall not Housing Act of 1937 (or any other rental ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— be subject to review.’’. housing assistance programs of the Depart- There are authorized to be appropriated for (b) CONFORMING AMENDMENT.—Section 514 ment of Housing and Urban Development, in- providing assistance under this section such of the Housing Act of 1949 (42 U.S.C. 1484) is cluding the rent supplement program under sums as may be necessary for each of fiscal amended by striking subsection (j). section 101 of the Housing and Urban Devel- years 2001, 2002, and 2003.’’. SEC. 709. AMENDMENTS TO TITLE 18 OF UNITED opment Act of 1965 (12 U.S.C. 1701s)) relating STATES CODE. SEC. 822. SUPPORTIVE HOUSING FOR PERSONS to the project; and WITH DISABILITIES. (a) MONEY LAUNDERING.—Section (2) the prepayment may involve refi- 1956(c)(7)(D) of title 18, United States Code, is nancing of the loan if such refinancing re- Section 811 of the Cranston-Gonzalez Na- amended by inserting ‘‘any violation of sec- sults in a lower interest rate on the principal tional Affordable Housing Act (42 U.S.C. 8013) tion 543(a)(1) of the Housing Act of 1949 (re- of the loan for the project and in reductions is amended by striking subsection (m) and lating to equity skimming),’’ after ‘‘coupons in debt service related to such loan. inserting the following: having a value of not less than $5,000,’’. (b) SOURCES OF REFINANCING.—In the case ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— (b) OBSTRUCTION OF FEDERAL AUDITS.—Sec- of prepayment under this section involving There are authorized to be appropriated for tion 1516(a) of title 18, United States Code, is refinancing, the project sponsor may refi- providing assistance under this section such amended by inserting ‘‘or relating to any nance the project through any third party sums as may be necessary for each of fiscal property that is security for a loan that is source, including financing by State and years 2001, 2002, and 2003.’’. made or guaranteed under title V of the local housing finance agencies, use of tax-ex- Housing Act of 1949,’’ before ‘‘shall be fined empt bonds, multi-family mortgage insur- SEC. 823. SERVICE COORDINATORS AND CON- under this title’’. GREGATE SERVICES FOR ELDERLY ance under the National Housing Act, rein- AND DISABLED HOUSING. TITLE VIII—HOUSING FOR ELDERLY AND surance, or other credit enhancements, in- DISABLED FAMILIES cluding risk sharing as provided under sec- There are authorized to be appropriated to tion 542 of the Housing and Community De- the Secretary such sums as may be nec- SEC. 801. SHORT TITLE. velopment Act of 1992 (12 U.S.C. 1707 note). essary for each of fiscal years 2001, 2002, and This title may be cited as the ‘‘Affordable For purposes of underwriting a loan insured 2003, for the following purposes: Housing for Seniors and Families Act’’. under the National Housing Act, the Sec- (1) GRANTS FOR SERVICE COORDINATORS FOR SEC. 802. REGULATIONS. retary may assume that any section 8 rental CERTAIN FEDERALLY ASSISTED MULTIFAMILY The Secretary of Housing and Urban Devel- assistance contract relating to a project will HOUSING.—For grants under section 676 of the opment (referred to in this title as the ‘‘Sec- be renewed for the term of such loan. Housing and Community Development Act of retary’’) shall issue any regulations to carry (c) USE OF UNEXPENDED AMOUNTS.—Upon 1992 (42 U.S.C. 13632) for providing service co- out this title and the amendments made by execution of the refinancing for a project ordinators. this title that the Secretary determines may pursuant to this section, the Secretary shall (2) CONGREGATE SERVICES FOR FEDERALLY or will affect tenants of federally assisted make available at least 50 percent of the an- ASSISTED HOUSING.—For contracts under sec- housing only after notice and opportunity nual savings resulting from reduced section 8 tion 802 of the Cranston-Gonzalez National for public comment in accordance with the or other rental housing assistance contracts Affordable Housing Act (42 U.S.C. 8011) to procedure under section 553 of title 5, United in a manner that is advantageous to the ten- provide congregate services programs for eli- States Code, applicable to substantive rules ants, including— gible residents of eligible housing projects (notwithstanding subsections (a)(2), (b)(B), (1) not more than 15 percent of the cost of under subparagraphs (B) through (D) of sub- and (d)(3) of such section). Notice of such increasing the availability or provision of section (k)(6) of such section.

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.002 S05DE0 26314 CONGRESSIONAL RECORD—SENATE December 5, 2000 Subtitle C—Expanding Housing Opportuni- (1) by striking ‘‘non-Federal sources’’ and PART 3—OTHER PROVISIONS ties for the Elderly and Persons With Dis- inserting ‘‘sources other than this section’’; SEC. 851. SERVICE COORDINATORS. abilities and (a) INCREASED FLEXIBILITY FOR USE OF PART 1—HOUSING FOR THE ELDERLY (2) by adding at the end the following new SERVICE COORDINATORS IN CERTAIN FEDER- SEC. 831. ELIGIBILITY OF FOR-PROFIT LIMITED sentence: ‘‘Notwithstanding any other provi- ALLY ASSISTED HOUSING.—Section 676 of the PARTNERSHIPS. sion of law, assistance amounts provided Housing and Community Development Act of Section 202(k)(4) of the Housing Act of 1959 under this section may be treated as 1992 (42 U.S.C. 13632) is amended— (12 U.S.C. 1701q(k)(4)) is amended by insert- amounts not derived from a Federal grant.’’. (1) in the section heading, by striking ‘‘mul- ing after subparagraph (C) the following: SEC. 843. TENANT-BASED ASSISTANCE. tifamily housing assisted under national housing act’’ ‘‘Such term includes a for-profit limited Section 811 of the Cranston-Gonzalez Na- and inserting ‘‘certain federally assisted housing’’; partnership the sole general partner of which tional Affordable Housing Act (42 U.S.C. 8013) (2) in subsection (a)— is an organization meeting the requirements is amended— (A) in the first sentence, by striking ‘‘(E) under subparagraphs (A), (B), and (C), or a (1) in subsection (d), by striking paragraph and (F)’’ and inserting ‘‘(B), (C), (D), (E), (F), corporation wholly owned and controlled by (4) and inserting the following: and (G)’’; and an organization meeting the requirements ‘‘(4) TENANT-BASED RENTAL ASSISTANCE.— (B) in the last sentence— under subparagraphs (A), (B), and (C).’’. ‘‘(A) ADMINISTERING ENTITIES.—Tenant- (i) by striking ‘‘section 661’’ and inserting based rental assistance provided under sub- SEC. 832. MIXED FUNDING SOURCES. ‘‘section 671’’; and section (b)(1) may be provided only through Section 202(h)(6) of the Housing Act of 1959 (ii) by adding at the end the following: ‘‘A (12 U.S.C. 1701q(h)(6)) is amended— a public housing agency that has submitted service coordinator funded with a grant (1) by striking ‘‘non-Federal sources’’ and and had approved an plan under section 7(d) under this section for a project may provide inserting ‘‘sources other than this section’’; of the United States Housing Act of 1937 (42 services to low-income elderly or disabled and U.S.C. 1437e(d)) that provides for such assist- families living in the vicinity of such (2) by adding at the end the following new ance, or through a private nonprofit organi- project.’’; sentence: ‘‘Notwithstanding any other provi- zation. A public housing agency shall be eli- (3) in subsection (d)— sion of law, assistance amounts provided gible to apply under this section only for the (A) by striking ‘‘(E) or (F)’’ and inserting under this section may be treated as purposes of providing such tenant-based ‘‘(B), (C), (D), (E), (F), or (G)’’; and amounts not derived from a Federal grant.’’. rental assistance. (B) by striking ‘‘section 661’’ and inserting ‘‘(B) PROGRAM RULES.—Tenant-based rental SEC. 833. AUTHORITY TO ACQUIRE STRUCTURES. ‘‘section 671’’; and assistance under subsection (b)(1) shall be Section 202 of the Housing Act of 1959 (12 (4) by striking subsection (c) and redesig- made available to eligible persons with dis- U.S.C. 1701q) is amended— nating subsection (d) (as amended by para- abilities and administered under the same (1) in subsection (b), by striking ‘‘from the graph (3) of this subsection) as subsection rules that govern tenant-based rental assist- Resolution Trust Corporation’’; and (c). ance made available under section 8 of the (2) in subsection (h)(2)— (b) REQUIREMENT TO PROVIDE SERVICE CO- United States Housing Act of 1937, except (A) in the paragraph heading, by striking ORDINATORS.—Section 671 of the Housing and that the Secretary may waive or modify ‘‘RTC PROPERTIES’’ and inserting ‘‘ACQUISI- Community Development Act of 1992 (42 such rules, but only to the extent necessary TION’’; and U.S.C. 13631) is amended— to provide for administering such assistance (B) by striking ‘‘from the Resolution’’ and (1) in the first sentence of subsection (a), under subsection (b)(1) through private non- all that follows through ‘‘Insurance Act’’. by striking ‘‘to carry out this subtitle pursu- profit organizations rather than through ant to the amendments made by this sub- SEC. 834. USE OF PROJECT RESERVES. public housing agencies. Section 202(j) of the Housing Act of 1959 (12 title’’ and inserting the following: ‘‘for pro- ‘‘(C) ALLOCATION OF ASSISTANCE.—In deter- U.S.C. 1701q(j)) is amended by adding at the viding service coordinators under this sec- mining the amount of assistance provided end the following: tion’’; under subsection (b)(1) for a private non- ‘‘(8) USE OF PROJECT RESERVES.—Amounts (2) in subsection (d), by inserting ‘‘)’’ after profit organization or public housing agency, for project reserves for a project assisted ‘‘section 683(2)’’; and the Secretary shall consider the needs and under this section may be used for costs, (3) by adding at the end following: capabilities of the organization or agency, in subject to reasonable limitations as the Sec- ‘‘(e) SERVICES FOR LOW-INCOME ELDERLY OR the case of a public housing agency, as de- retary determines appropriate, for reducing DISABLED FAMILIES RESIDING IN VICINITY OF scribed in the plan for the agency under sec- the number of dwelling units in the project. CERTAIN PROJECTS.—To the extent only that tion 7 of the United States Housing Act of Such use shall be subject to the approval of this section applies to service coordinators 1937.’’; and the Secretary to ensure that the use is de- for covered federally assisted housing de- (2) in subsection (l)(1)— signed to retrofit units that are currently scribed in subparagraphs (B), (C), (D), (E), (A) by striking ‘‘subsection (b)’’ and insert- obsolete or unmarketable.’’. (F), and (G) of section 683(2), any reference in ing ‘‘subsection (b)(2)’’; and this section to elderly or disabled residents SEC. 835. COMMERCIAL ACTIVITIES. (B) by striking the last comma and all that of a project shall be construed to include Section 202(h)(1) of the Housing Act of 1959 follows through ‘‘subsection (n)’’. (12 U.S.C. 1701q(h)(1)) is amended by adding low-income elderly or disabled families liv- at the end the following: ‘‘Neither this sec- SEC. 844. USE OF PROJECT RESERVES. ing in the vicinity of such project.’’. Section 811(j) of the Cranston-Gonzalez Na- (c) PROTECTION AGAINST TELEMARKETING tion nor any other provision of law may be tional Affordable Housing Act (42 U.S.C. FRAUD.— construed as prohibiting or preventing the 8013(j)) is amended by adding at the end the (1) SUPPORTIVE HOUSING FOR THE ELDER- location and operation, in a project assisted following: LY.—The first sentence of section 202(g)(1) of under this section, of commercial facilities ‘‘(7) USE OF PROJECT RESERVES.—Amounts the Housing Act of 1959 (12 U.S.C. 1701q(g)(1)) for the benefit of residents of the project and for project reserves for a project assisted is amended by striking ‘‘and (F)’’ and insert- the community in which the project is lo- under this section may be used for costs, ing the following: ‘‘(F) providing education cated, except that assistance made available subject to reasonable limitations as the Sec- and outreach regarding telemarketing fraud, under this section may not be used to sub- retary determines appropriate, for reducing in accordance with the standards issued sidize any such commercial facility.’’. the number of dwelling units in the project. under section 671(f) of the Housing and Com- PART 2—HOUSING FOR PERSONS WITH Such use shall be subject to the approval of munity Development Act of 1992 (42 U.S.C. DISABILITIES the Secretary to ensure that the use is de- 13631(f)); and (G)’’. SEC. 841. ELIGIBILITY OF FOR-PROFIT LIMITED signed to retrofit units that are currently (2) OTHER FEDERALLY ASSISTED HOUSING.— PARTNERSHIPS. obsolete or unmarketable.’’. Section 671 of the Housing and Community Section 811(k)(6) of the Housing Act of 1959 SEC. 845. COMMERCIAL ACTIVITIES. Development Act of 1992 (42 U.S.C. 13631), as (42 U.S.C. 8013(k)(6)) is amended by inserting Section 811(h)(1) of the Cranston-Gonzalez amended by subsection (b) of this section, is after subparagraph (D) the following: National Affordable Housing Act (42 U.S.C. further amended— ‘‘Such term includes a for-profit limited 8013(h)(1)) is amended by adding at the end (A) in the first sentence of subsection (c), partnership the sole general partner of which the following: ‘‘Neither this section nor any by inserting after ‘‘response,’’ the following: is an organization meeting the requirements other provision of law may be construed as ‘‘education and outreach regarding tele- under subparagraphs (A), (B), (C), and (D) or prohibiting or preventing the location and marketing fraud in accordance with the a corporation wholly owned and controlled operation, in a project assisted under this standards issued under subsection (f),’’; and by an organization meeting the requirements section, of commercial facilities for the ben- (B) by adding at the end the following: under subparagraphs (A), (B), (C), and (D).’’. efit of residents of the project and the com- ‘‘(f) PROTECTION AGAINST TELEMARKETING SEC. 842. MIXED FUNDING SOURCES. munity in which the project is located, ex- FRAUD.— Section 811(h)(5) of the Cranston-Gonzalez cept that assistance made available under ‘‘(1) IN GENERAL.—The Secretary, in coordi- National Affordable Housing Act (42 U.S.C. this section may not be used to subsidize any nation with the Secretary of Health and 8013(h)(5)) is amended— such commercial facility.’’. Human Services, shall establish standards

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.002 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26315 for service coordinators in federally assisted retary, including the return of excess paragraph for other dwelling units in the housing who are providing education and charges referred to in section 532(e) of such project, will result in the use of amounts de- outreach to elderly persons residing in such Appropriations Act. scribed in clause (iii) in an effective manner housing regarding telemarketing fraud. The TITLE IX—OTHER RELATED HOUSING that will improve the provision of affordable standards shall be designed to ensure that PROVISIONS housing for such families. such education and outreach informs such el- SEC. 901. EXTENSION OF LOAN TERM FOR MANU- ‘‘(B) ELIGIBLE FAMILIES.—A family de- derly persons of the dangers of tele- FACTURED HOME LOTS. scribed in this subparagraph is a family that marketing fraud and facilitates the inves- Section 2(b)(3)(E) of the National Housing consists of at least one elderly person (who is tigation and prosecution of telemarketers Act (12 U.S.C. 1703(b)(3)(E)) is amended by the head of household) and one or more of engaging in fraud against such residents. striking ‘‘fifteen’’ and inserting ‘‘twenty’’. such person’s grand children, great grand- ‘‘(2) CONTENTS.—The standards established SEC. 902. USE OF SECTION 8 VOUCHERS FOR OPT- children, great nieces, great nephews, or under this subsection shall require that any OUTS. great great grandchildren (as defined by the such education and outreach be provided in a (a) IN GENERAL.—Section 8(t)(2) of the Secretary), but does not include any parent manner that— United States Housing Act of 1937 (42 U.S.C. of such grandchildren, great grandchildren, ‘‘(A) informs such residents of— 1437f(t)(2)), as amended by the Departments great nieces, great nephews, or great great ‘‘(i) the prevalence of telemarketing fraud of Veterans Affairs and Housing and Urban grandchildren. Such term includes any such targeted against elderly persons; Development, and Independent Agencies Ap- grandchildren, great grandchildren, great ‘‘(ii) how telemarketing fraud works; propriations Act, 2001, is amended by strik- nieces, great nephews, or great great grand- ‘‘(iii) how to identify telemarketing fraud; ing ‘‘fiscal year 1996’’ and inserting ‘‘fiscal children who have been legally adopted by ‘‘(iv) how to protect themselves against year 1994’’. such elderly person.’’. (b) EFFECTIVE DATE.—The amendment telemarketing fraud, including an expla- TITLE X—FEDERAL RESERVE BOARD under subsection (a) shall be made and shall nation of the dangers of providing bank ac- PROVISIONS count, credit card, or other financial or per- apply— (1) upon the enactment of this Act, if the SEC. 1001. FEDERAL RESERVE BOARD BUILD- sonal information over the telephone to un- INGS. Departments of Veterans Affairs and Hous- solicited callers; The 3rd undesignated paragraph of section ing and Urban Development, and Inde- ‘‘(v) how to report suspected attempts at 10 of the Federal Reserve Act (12 U.S.C. 243) pendent Agencies Appropriations Act, 2001, is telemarketing fraud; and is amended— enacted before the enactment of this Act; ‘‘(vi) their consumer protection rights (1) by inserting after the 1st sentence the and under Federal law; following new sentence: ‘‘After September 1, (2) immediately after the enactment of ‘‘(B) provides such other information as 2000, the Board may also use such assess- such appropriations Act, if such appropria- the Secretary considers necessary to protect ments to acquire, in its own name, a site or tions Act is enacted after the enactment of such residents against fraudulent tele- building (in addition to the facilities exist- this Act. marketing; and ing on such date) to provide for the perform- ‘‘(C) disseminates the information provided SEC. 903. MAXIMUM PAYMENT STANDARD FOR ance of the functions of the Board.’’; and ENHANCED VOUCHERS. by appropriate means, and in determining (2) in the sentences following the sentence such appropriate means, the Secretary shall (a) IN GENERAL.—Section 8(t)(1)(B) of the United States Housing Act of 1937 (42 U.S.C. added by the amendment made by paragraph consider on-site presentations at federally (1) of this section— assisted housing, public service announce- 1437f(t)(1)(B)), as amended by the Depart- ments of Veterans Affairs and Housing and (A) by striking ‘‘the site’’ and inserting ments, a printed manual or pamphlet, an Urban Development, and Independent Agen- ‘‘any site’’; and Internet website, and telephone outreach to cies Appropriations Act, 2001, is amended by (B) by inserting ‘‘or buildings’’ after residents whose names appear on ‘mooch inserting before the semicolon at the end the ‘‘building’’ each place such term appears. lists’ confiscated from fraudulent tele- following: ‘‘, except that a limit shall not be SEC. 1002. POSITIONS OF BOARD OF GOVERNORS marketers.’’. considered reasonable for purposes of this OF THE FEDERAL RESERVE SYSTEM Subtitle D—Preservation of Affordable subparagraph if it adversely affects such as- ON THE EXECUTIVE SCHEDULE. Housing Stock sisted families’’. (a) IN GENERAL.— SEC. 861. SECTION 236 ASSISTANCE. (b) EFFECTIVE DATE.—The amendment (1) POSITIONS AT LEVEL I OF THE EXECUTIVE (a) EXTENSION OF AUTHORITY TO RETAIN EX- under subsection (a) shall be made and shall SCHEDULE.—Section 5312 of title 5, United CESS CHARGES.—Section 236(g) of the Na- apply— States Code, is amended by adding at the end tional Housing Act (12 U.S.C. 1715z–1(g)), as (1) upon the enactment of this Act, if the the following: amended by the Departments of Veterans Af- Departments of Veterans Affairs and Hous- ‘‘Chairman, Board of Governors of the Fed- fairs and Housing and Urban Development, ing and Urban Development, and Inde- eral Reserve System.’’. and Independent Agencies Appropriations pendent Agencies Appropriations Act, 2001, is (2) POSITIONS AT LEVEL II OF THE EXECUTIVE Act, 2001, is amended— enacted before the enactment of this Act; SCHEDULE.—Section 5313 of title 5, United (1) in paragraph (2), by striking ‘‘Subject and States Code, is amended— to paragraph (3) and notwithstanding’’ and (2) immediately after the enactment of (A) by striking ‘‘Chairman, Board of Gov- inserting ‘‘Notwithstanding’’; and such appropriations Act, if such appropria- ernors of the Federal Reserve System.’’; and (2) by striking paragraph (3) and redesig- tions Act is enacted after the enactment of (B) by adding at the end the following: nating paragraph (4) as paragraph (3). this Act. ‘‘Members, Board of Governors of the Fed- (b) TREATMENT OF EXCESS CHARGES PRE- SEC. 904. USE OF SECTION 8 ASSISTANCE BY eral Reserve System.’’. VIOUSLY COLLECTED.—Any excess charges ‘‘GRAND-FAMILIES’’ TO RENT DWELL- (3) POSITIONS AT LEVEL III OF THE EXECUTIVE that a project owner may retain pursuant to ING UNITS IN ASSISTED PROJECTS. SCHEDULE.—Section 5314 of title 5, United the amendments made by subsections (b) and Section 215(a) of the Cranston-Gonzalez States Code, is amended by striking ‘‘Mem- (c) of section 532 of the Departments of Vet- National Affordable Housing Act (42 U.S.C. bers, Board of Governors of the Federal Re- erans Affairs and Housing and Urban Devel- 12745(a)) is amended by adding at the end the serve System.’’. opment, and Independent Agencies Appro- following new paragraph: (b) EFFECTIVE DATE.—This section and the priations Act, 2000 (Public Law 106–74; 113 ‘‘(6) WAIVER OF QUALIFYING RENT.— amendments made by this section shall take Stat. 1116) that have been collected by such ‘‘(A) IN GENERAL.—For the purpose of pro- effect on the first day of the first pay period owner since the date of the enactment of viding affordable housing appropriate for for the Chairman and Members of the Board such Appropriations Act and that such owner families described in subparagraph (B), the of Governors of the Federal Reserve System has not remitted to the Secretary of Housing Secretary may, upon the application of the beginning on or after the date of enactment and Urban Development may be retained by project owner, waive the applicability of sub- of this Act. such owner unless such Secretary otherwise paragraph (A) of paragraph (1) with respect SEC. 1003. AMENDMENTS TO THE FEDERAL RE- provides. To the extent that a project owner to a dwelling unit if— SERVE ACT. has remitted such excess charges to the Sec- ‘‘(i) the unit is occupied by such a family, (a) REPEAL.—Section 2A of the Federal Re- retary since such date of enactment, the Sec- on whose behalf tenant-based assistance is serve Act (12 U.S.C. 225a) is amended by retary may return to the relevant project provided under section 8 of the United States striking all after the first sentence. owner any such excess charges remitted. Housing Act of 1937 (42 U.S.C. 1437f); (b) APPEARANCES BEFORE AND REPORTS TO Notwithstanding any other provision of law, ‘‘(ii) the rent for the unit is not greater THE CONGRESS.— amounts in the Rental Housing Assistance than the existing fair market rent for com- (1) IN GENERAL.—The Federal Reserve Act Fund, or heretofore or subsequently trans- parable units in the area, as established by (12 U.S.C. 221 et seq.) is amended by inserting ferred from the Rental Housing Assistance the Secretary under section 8 of the United after section 2A the following new section: Fund to the Flexible Subsidy Fund, shall be States Housing Act of 1937; and ‘‘SEC. 2B. APPEARANCES BEFORE AND REPORTS available to make such return of excess ‘‘(iii) the Secretary determines that the TO THE CONGRESS. charges previously remitted to the Sec- waiver, together with waivers under this ‘‘(a) APPEARANCES BEFORE THE CONGRESS.—

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‘‘(1) IN GENERAL.—The Chairman of the (12) Section 4(e)(2) of the Department of section 18(f)(7) of the Federal Trade Commis- Board shall appear before the Congress at Housing and Urban Development Act (42 sion Act, section 114 of the Truth in Lending semi-annual hearings, as specified in para- U.S.C. 3533(e)(2). Act, and the 10th undesignated paragraph of graph (2), regarding— (13) Section 205(g) of the National Housing this section.’’. ‘‘(A) the efforts, activities, objectives and Act (12 U.S.C. 1711(g)). (c) COMPTROLLER OF THE CURRENCY.—Sec- plans of the Board and the Federal Open (14) Section 701(c)(1) of the International tion 333 of the Revised Statutes of the Market Committee with respect to the con- Financial Institutions Act (22 U.S.C. United States (12 U.S.C. 14) is amended by duct of monetary policy; and 262d(c)(1)). adding at the end the following new sen- ‘‘(B) economic developments and prospects (15) Paragraphs (1) and (2) of section 5302(c) tence: ‘‘The report required under this sec- for the future described in the report re- of title 31, United States Code. tion shall include the report required under quired in subsection (b). (16) Section 18(f)(7) of the Federal Trade section 18(f)(7) of the Federal Trade Commis- ‘‘(2) SCHEDULE.—The Chairman of the Commission Act. (15 U.S.C. 57a(f)(7)). sion Act.’’. Board shall appear— (17) Section 333 of the Revised Statutes of (d) EXPORT-IMPORT BANK.— ‘‘(A) before the Committee on Banking and the United States (12 U.S.C. 14). (1) IN GENERAL.— Section 2(b)(1)(A) of the Financial Services of the House of Rep- (18) Section 3(g) of the Home Owners’ Loan Export-Import Bank Act of 1945 (12 U.S.C. resentatives on or about February 20 of even Act (12 U.S.C. 1462a(g)). 635(b)(1)(A)) is amended— numbered calendar years and on or about (19) Section 304 of the Appalachian Re- (A) by striking ‘‘a annual’’ and inserting July 20 of odd numbered calendar years; gional Development Act of 1965 (40 U.S.C. ‘‘an annual’’; and ‘‘(B) before the Committee on Banking, App. 304). (B) by adding at the end the following new Housing, and Urban Affairs of the Senate on (20) Sections 2(b)(1)(A), 8(a), 8(c), 10(g)(1), sentence: ‘‘The annual report required under or about July 20 of even numbered calendar and 11(c) of the Export-Import Bank Act of this subparagraph shall include the report years and on or about February 20 of odd 1945 (12 U.S.C. 635(b)(1)(A), 635g(a), 635g(c), required under section 10(g).’’. numbered calendar years; and 635i–3(g), and 635i–5(c)). (2) TECHNICAL AND CONFORMING AMEND- ‘‘(C) before either Committee referred to in (21) Section 17(a) of the Federal Deposit In- MENT.—Section 10(g)(1) of the Export-Import subparagraph (A) or (B), upon request, fol- surance Act (12 U.S.C. 1827(a)). Bank Act of 1945 (12 U.S.C. 635i–3(g)(1)) is lowing the scheduled appearance of the (22) Section 13 of the Federal Financing amended— Chairman before the other Committee under Bank Act of 1973 (12 U.S.C. 2292). (A) by striking ‘‘On or’’ and all that fol- subparagraph (A) or (B). (23) Section 2B(d) of the Federal Home lows through ‘‘the Bank’’ and inserting ‘‘The ‘‘(b) CONGRESSIONAL REPORT.—The Board Loan Bank Act (12 U.S.C. 1422b(d)). Bank’’; and shall, concurrent with each semi-annual (24) Section 1002(b) of Financial Institu- (B) by striking ‘‘a report’’ and inserting hearing required by this section, submit a tions Reform, Recovery, and Enforcement ‘‘an annual report’’. written report to the Committee on Bank- Act of 1989 (12 U.S.C. 1811 note). ing, Housing, and Urban Affairs of the Sen- (25) Section 8 of the Fair Credit and Charge (e) DEPARTMENT OF HOUSING AND URBAN ate and the Committee on Banking and Fi- Card Disclosure Act of 1988 (15 U.S.C. 1637 DEVELOPMENT.—Section 8 of the Department nancial Services of the House of Representa- note). of Housing and Urban Development Act (42 tives, containing a discussion of the conduct (26) Section 136(b)(4)(B) of the Truth in U.S.C. 3536) is amended by adding at the end of monetary policy and economic develop- Lending Act (15 U.S.C. 1646(b)(4)(B)). the following new sentence: ‘‘The report re- ments and prospects for the future, taking (27) Section 707 of the Equal Credit Oppor- quired under this section shall include the into account past and prospective develop- tunity Act (15 U.S.C. 1691f). reports required under paragraphs (2) and (6) ments in employment, unemployment, pro- (28) Section 114 of the Truth in Lending of section 808(e) of the Civil Rights Act of duction, investment, real income, produc- Act (15 U.S.C. 1613). 1968, the reports required under subsections tivity, exchange rates, international trade (29) The seventh undesignated paragraph of (a) and (b) of section 1061 of the Housing and and payments, and prices.’’. section 10 of the Federal Reserve Act (12 Community Development Act of 1992, the re- TITLE XI—BANKING AND HOUSING U.S.C. 247). port required under section 802 of the Hous- AGENCY REPORTS (30) The tenth undesignated paragraph of ing Act of 1954, and the report required under section 4(e)(2) of this Act.’’. SEC. 1101. SHORT TITLE. section 10 of the Federal Reserve Act (12 This title may be cited as the ‘‘Federal Re- U.S.C. 247a). (f) FEDERAL HOUSING ADMINISTRATION.— porting Act of 2000’’. (31) Section 815 of the Fair Debt Collection Section 203(v) of the National Housing Act SEC. 1102. PRESERVATION OF CERTAIN REPORT- Practices Act (15 U.S.C. 1692m). (12 U.S.C. 1709(v)), as added by section 504 of ING REQUIREMENTS. (32) Section 102(d) of the Federal Credit the Housing and Community Development Section 3003(a)(1) of the Federal Reports Union Act (12 U.S.C. 1752a(d)). Act of 1992, is amended by adding at the end Elimination and Sunset Act of 1995 (31 U.S.C. (33) Section 21B(i) of the Federal Home the following new sentence: 1113 note) shall not apply to any report re- Loan Bank Act (12 U.S.C. 1441b(i)). ‘‘The report required under this subsection quired to be submitted under any of the fol- (34) Section 607(a) of the Housing and Com- shall include the report required under sec- lowing provisions of law: munity Development Amendments of 1978 (42 tion 540(c) and the report required under sec- (1) Section 3 of the Employment Act of 1946 U.S.C. 8106(a)). tion 205(g).’’. (15 U.S.C. 1022). (35) Section 708(l) of the Defense Produc- (g) INTERNATIONAL FINANCIAL INSTITUTIONS (2) Section 309 of the Defense Production tion Act of 1950 (50 U.S.C. Ap. 2158(l)). ACT.—Section 701(c)(1) of the International Act of 1950 (50 U.S.C. App. 2099). (36) Section 2546 of the Comprehensive Financial Institutions Act (22 U.S.C. (3) Section 603 of the Public Works and Thrift and Bank Fraud Prosecution and Tax- 262d(c)(1)) is amended by striking ‘‘Not Economic Development Act of 1965 (42 U.S.C. payer Recovery Act of 1990 (28 U.S.C. 522 later’’ and all that follows through ‘‘quar- 3213). note). terly’’ and inserting ‘‘The Secretary of the (4) Section 7(o)(1) of the Department of (37) Section 202(b)(8) of the National Hous- Treasury shall report annually’’. Housing and Urban Development Act (42 ing Act (12 U.S.C. 1708(b)(8)). SEC. 1104. ELIMINATION OF CERTAIN REPORTING U.S.C. 3535(o)(1)). SEC. 1103. COORDINATION OF REPORTING RE- REQUIREMENTS. (5) Section 540(c) of the National Housing QUIREMENTS. Act (12 U.S.C. 1735f–18(c)). (a) FEDERAL DEPOSIT INSURANCE CORPORA- (a) EXPORT-IMPORT BANK.—The Export-Im- (6) Paragraphs (2) and (6) of section 808(e) TION.—Section 17(a) of the Federal Deposit port Bank Act of 1945 (12 U.S.C. 635 et seq.) of the Civil Rights Act of 1968 (42 U.S.C. Insurance Act (12 U.S.C. 1827(a)) is amended is amended— 3608(e)). by adding at the end the following new para- (1) in section 2(b)(1)(D)— (7) Section 1061 of the Housing and Commu- graph: (A) by striking ‘‘(i)’’; and nity Development Act of 1992 (42 U.S.C. 4856). ‘‘(3) COORDINATION WITH OTHER REPORT RE- (B) by striking clause (ii); (8) Section 203(v) of the National Housing QUIREMENTS.—The report required under this (2) in section 2(b)(8), by striking the last Act (12 U.S.C. 1709(v)), as added by section subsection shall include the report required sentence; 504 of the Housing and Community Develop- under section 18(f)(7) of the Federal Trade (3) in section 6(b), by striking paragraph (2) ment Act of 1992 (Public Law 102–550; 106 Commission Act.’’. and redesignating paragraph (3) as paragraph Stat. 3780). (b) BOARD OF GOVERNORS OF THE FEDERAL (2); and (9) Section 802 of the Housing Act of 1954 RESERVE SYSTEM.—The 7th undesignated (4) in section 8, by striking subsections (b) (12 U.S.C. 1701o). paragraph of section 10 of the Federal Re- and (d) and redesignating subsections (c) and (10) Section 8 of the Department of Hous- serve Act (12 U.S.C. 247) is amended by add- (e) as subsections (b) and (c), respectively. ing and Urban Development Act (42 U.S.C. ing at the end the following new sentence: (b) FEDERAL DEPOSIT INSURANCE CORPORA- 3536). ‘‘The report required under this paragraph TION.—Section 17 of the Federal Deposit In- (11) Section 1320 of the National Flood In- shall include the reports required under sec- surance Act (12 U.S.C. 1827) is amended by surance Act of 1968 (42 U.S.C. 4027). tion 707 of the Equal Credit Opportunity Act, striking subsection (h).

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.002 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26317 TITLE XII—FINANCIAL REGULATORY of the reorganizing bank in exchange for of the United States (12 U.S.C. 83) is amended RELIEF their shares of stock of the bank; to read as follows: SEC. 1200. SHORT TITLE. ‘‘(B) the date as of which the rights of each ‘‘SEC. 5201. LOANS BY BANK ON ITS OWN STOCK. This title may be cited as the ‘‘Financial shareholder to participate in such exchange ‘‘(a) GENERAL PROHIBITION.—No national Regulatory Relief and Economic Efficiency will be determined; and bank shall make any loan or discount on the Act of 2000’’. ‘‘(C) the manner in which the exchange security of the shares of its own capital will be carried out; and stock. Subtitle A—Improving Monetary Policy and ‘‘(4) is submitted to the shareholders of the ‘‘(b) EXCLUSION.—For purposes of this sec- Financial Institution Management Practices reorganizing bank at a meeting to be held on tion, a national bank shall not be deemed to SEC. 1201. REPEAL OF SAVINGS ASSOCIATION LI- the call of the directors in accordance with be making a loan or discount on the security QUIDITY PROVISION. the procedures prescribed in connection with of the shares of its own capital stock if it ac- (a) REPEAL OF LIQUIDITY PROVISION.—Sec- a merger of a national bank under section 3. quires the stock to prevent loss upon a debt tion 6 of the Home Owners’ Loan Act (12 ‘‘(c) RIGHTS OF DISSENTING SHARE- previously contracted for in good faith.’’. U.S.C. 1465) is hereby repealed. HOLDERS.—If, pursuant to this section, a re- (b) AMENDMENTS TO THE FEDERAL DEPOSIT (b) CONFORMING AMENDMENTS.— organization plan has been approved by the INSURANCE ACT.—Section 18 of the Federal (1) SECTION 5.—Section 5(c)(1)(M) of the shareholders and the Comptroller, any share- Deposit Insurance Act (12 U.S.C. 1828) is Home Owners’ Loan Act (12 U.S.C. holder of the bank who has voted against the amended— 1464(c)(1)(M)) is amended to read as follows: reorganization at the meeting referred to in (1) by redesignating subsection (t), as ‘‘(M) LIQUIDITY INVESTMENTS.—Investments subsection (b)(4), or has given notice in writ- added by section 730 of the Gramm-Leach- (other than equity investments), identified ing at or prior to that meeting to the pre- Bliley Act (Public Law 106–102; 113 Stat. by the Director, for liquidity purposes, in- siding officer that the shareholder dissents 1476), as subsection (u); and cluding cash, funds on deposit at a Federal from the reorganization plan, shall be enti- (2) by adding at the end the following new reserve bank or a Federal home loan bank, tled to receive the value of his or her shares, subsection: or bankers’ acceptances.’’. as provided by section 3 for the merger of a ‘‘(v) LOANS BY INSURED INSTITUTIONS ON (2) SECTION 10.—Section 10(m)(4)(B)(iii) of national bank. THEIR OWN STOCK.— the Home Owners’ Loan Act (12 U.S.C. ‘‘(d) EFFECT OF REORGANIZATION.—The cor- ‘‘(1) GENERAL PROHIBITION.—No insured de- 1467a(m)(4)(B)(iii)) is amended by inserting porate existence of a national bank that re- pository institution may make any loan or ‘‘as in effect on the day before the date of organizes in accordance with this section discount on the security of the shares of its the enactment of the Financial Regulatory shall not be deemed to have been affected in own capital stock. Relief and Economic Efficiency Act of 2000,’’ any way by reason of such reorganization. ‘‘(2) EXCLUSION.—For purposes of this sub- after ‘‘Loan Act,’’. ‘‘(e) APPROVAL UNDER THE BANK HOLDING section, an insured depository institution SEC. 1202. NONCONTROLLING INVESTMENTS BY COMPANY ACT.—This section does not affect shall not be deemed to be making a loan or SAVINGS ASSOCIATION HOLDING in any way the applicability of the Bank discount on the security of the shares of its COMPANIES. Holding Company Act of 1956 to a trans- own capital stock if it acquires the stock to Section 10(e)(1)(A)(iii) of the Home Owners’ action described in subsection (a).’’. prevent loss upon a debt previously con- Loan Act (12 U.S.C. 1467a(e)(1)(A)(iii)) is SEC. 1205. NATIONAL BANK DIRECTORS. tracted for in good faith.’’. amended— (a) AMENDMENTS TO THE REVISED STAT- SEC. 1208. PURCHASED MORTGAGE SERVICING RIGHTS. (1) by inserting ‘‘, except with the prior UTES.—Section 5145 of the Revised Statutes written approval of the Director,’’ after ‘‘or of the United States (12 U.S.C. 71) is amend- Section 475 of the Federal Deposit Insur- to retain’’; and ed— ance Corporation Improvement Act of 1991 (2) by striking ‘‘so acquire or retain’’ and (1) by striking ‘‘for one year’’ and inserting (12 U.S.C. 1828 note) is amended— inserting ‘‘acquire or retain, and the Direc- ‘‘for a period of not more than 3 years’’; and (1) in subsection (a)(1), by inserting ‘‘(or tor may not authorize acquisition or reten- (2) by adding at the end the following: ‘‘In such other percentage exceeding 90 percent tion of,’’. accordance with regulations issued by the but not exceeding 100 percent, as may be de- SEC. 1203. REPEAL OF DEPOSIT BROKER NOTIFI- Comptroller of the Currency, a national termined under subsection (b))’’ after ‘‘90 CATION AND RECORDKEEPING RE- bank may adopt bylaws that provide for percent’’; QUIREMENT. staggering the terms of its directors.’’. (2) by redesignating subsections (b) and (c) Section 29A of the Federal Deposit Insur- (b) AMENDMENT TO THE BANKING ACT OF as subsections (c) and (d), respectively, and ance Act (12 U.S.C. 1831f–1) is hereby re- 1933.—Section 31 of the Banking Act of 1933 by inserting after subsection (a) the fol- pealed. (12 U.S.C. 71a) is amended in the first sen- lowing new subsection: UTHORITY TO DETERMINE PERCENTAGE SEC. 1204. EXPEDITED PROCEDURES FOR CER- tence, by inserting before the period ‘‘, ex- ‘‘(b) A BY WHICH TO DISCOUNT VALUE OF SERVICING TAIN REORGANIZATIONS. cept that the Comptroller of the Currency RIGHTS.—The appropriate Federal banking The National Bank Consolidation and may, by regulation or order, exempt a na- agencies may allow readily marketable pur- Merger Act (12 U.S.C. 215 et seq.) is amend- tional bank from the 25-member limit estab- chased mortgage servicing rights to be val- ed— lished by this section’’. (1) by redesignating section 5 as section 7; ued at more than 90 percent of their fair SEC. 1206. AMENDMENT TO NATIONAL BANK CON- market value but at not more than 100 per- and SOLIDATION AND MERGER ACT. cent of such value, if such agencies jointly (2) by inserting after section 4 the fol- The National Bank Consolidation and make a finding that such valuation would lowing new section: Merger Act (12 U.S.C. 215 et seq.) is amended not have an adverse effect on the deposit in- ‘‘SEC. 5. EXPEDITED PROCEDURES FOR CERTAIN by inserting after section 5, as added by this surance funds or the safety and soundness of REORGANIZATIONS. title, the following new section: insured depository institutions.’’; and ‘‘(a) IN GENERAL.—A national bank may, ‘‘SEC. 6. MERGERS AND CONSOLIDATIONS WITH with the approval of the Comptroller, pursu- (3) in subsection (c), by striking ‘‘and’’ and SUBSIDIARIES AND NONBANK AF- inserting ‘‘, ‘deposit insurance fund’, and’’. ant to rules and regulations promulgated by FILIATES. the Comptroller, and upon the affirmative ‘‘(a) IN GENERAL.—Upon the approval of the Subtitle B—Streamlining Activities of vote of the shareholders of such bank owning Comptroller, a national bank may merge Institutions at least two-thirds of its capital stock out- with 1 or more of its nonbank subsidiaries or SEC. 1211. CALL REPORT SIMPLIFICATION. standing, reorganize so as to become a sub- affiliates. (a) MODERNIZATION OF CALL REPORT FILING sidiary of a bank holding company or of a ‘‘(b) SCOPE.—Nothing in this section shall AND DISCLOSURE SYSTEM.—In order to reduce company that will, upon consummation of be construed— the administrative requirements pertaining such reorganization, become a bank holding ‘‘(1) to affect the applicability of section to bank reports of condition, savings associa- company. 18(c) of the Federal Deposit Insurance Act; or tion financial reports, and bank holding ‘‘(b) REORGANIZATION PLAN.—A reorganiza- ‘‘(2) to grant a national bank any power or company consolidated and parent-only finan- tion authorized under subsection (a) shall be authority that is not permissible for a na- cial statements, and to improve the timeli- carried out in accordance with a reorganiza- tional bank under other applicable provi- ness of such reports and statements, the Fed- tion plan that— sions of law. eral banking agencies shall— ‘‘(1) specifies the manner in which the reor- ‘‘(c) REGULATIONS.—The Comptroller shall (1) work jointly to develop a system under ganization shall be carried out; promulgate regulations to implement this which— ‘‘(2) is approved by a majority of the entire section.’’. (A) insured depository institutions and board of directors of the national bank; SEC. 1207. LOANS ON OR PURCHASES BY INSTITU- their affiliates may file such reports and ‘‘(3) specifies— TIONS OF THEIR OWN STOCK; AF- statements electronically; and ‘‘(A) the amount of cash or securities of FILIATIONS. (B) the Federal banking agencies may the bank holding company, or both, or other (a) AMENDMENT TO THE REVISED STAT- make such reports and statements available consideration to be paid to the shareholders UTES.—Section 5201 of the Revised Statutes to the public electronically; and

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.002 S05DE0 26318 CONGRESSIONAL RECORD—SENATE December 5, 2000 (2) not later than 1 year after the date of SEC. 1232. RULES FOR CONTINUATION OF DE- received counseling in the prior five years enactment of this Act, report to the Con- POSIT INSURANCE FOR MEMBER and the increase in the principal limit ex- gress and make recommendations for legisla- BANKS CONVERTING CHARTERS. ceeds refinancing costs by an amount set by tion that would enhance efficiency for filers Section 8(o) of the Federal Deposit Insur- the Department; provides a disclosure under and users of such reports and statements. ance Act (12 U.S.C. 1818(o)) is amended in the a refinanced mortgage of the total cost of re- (b) UNIFORM REPORTS AND SIMPLIFICATION second sentence, by striking ‘‘subsection (d) financing and the principal limit increase. OF INSTRUCTIONS.—The Federal banking of section 4’’ and inserting ‘‘subsection (c) or In cases where the reverse mortgage pro- agencies shall, consistent with the principles (d) of section 4’’. ceeds are used for long-term care insurance of safety and soundness, work jointly— SEC. 1233. AMENDMENTS TO THE REVISED STAT- contracts, a portion of those proceeds may (1) to adopt a single form for the filing of UTES OF THE UNITED STATES. be used for up-front costs, such as initial core information required to be submitted (a) WAIVER OF CITIZENSHIP REQUIREMENT service, appraisal and inspection fees. Re- under Federal law to all such agencies in the FOR NATIONAL BANK DIRECTORS.—Section 5146 quires HUD to waive the up-front mortgage reports and statements referred to in sub- of the Revised Statutes of the United States insurance premium in cases where reverse section (a); and (12 U.S.C. 72) is amended in the first sen- mortgage proceeds are used for costs of a (2) to simplify instructions accompanying tence, by inserting before the period ‘‘, and qualified long-term care insurance contract. such reports and statements and to provide waive the requirement of citizenship in the Directs the Department to conduct an ac- an index to the instructions that is adequate case of not more than a minority of the total tuarial study within 180 days of enactment of to meet the needs of both filers and users. number of directors’’. the effect creating a single national loan (c) REVIEW OF CALL REPORT SCHEDULE.— (b) TECHNICAL AMENDMENT TO THE REVISED limit for HECM reverse mortgages. Each Federal banking agency shall— STATUTES.—Section 329 of the Revised Stat- Section 202. Assistance for self-help hous- (1) review the information required by utes of the United States (12 U.S.C. 11) is ing providers. Reauthorizes the self-help schedules supplementing the core informa- amended by striking ‘‘to be interested in any housing for FY 2001. Allows projects with 5 tion referred to in subsection (b); and association issuing national currency under or more units to use their funds over a 3-year (2) eliminate requirements that are not the laws of the United States’’ and inserting period. Allows entities to advance them- warranted for reasons of safety and sound- ‘‘to hold an interest in any national bank’’. selves funds prior to completion of environ- ness or other public purposes. (c) REPEAL OF UNNECESSARY CAPITAL AND mental reviews for purposes of land acquisi- (d) DEFINITION.—In this section, the term SURPLUS REQUIREMENT.—Section 5138 of the tion. ‘‘Federal banking agency’’ has the same Revised Statutes of the United States (12 TITLE III—SECTION 8 HOMEOWNERSHIP meaning as in section 3 of the Federal De- U.S.C. 51) is hereby repealed. OPTION posit Insurance Act (12 U.S.C. 1813). SEC. 1234. CONFORMING CHANGE TO THE INTER- Section 301. Downpayment assistance. Pub- Subtitle C—Streamlining Agency Actions NATIONAL BANKING ACT OF 1978. Section 4(b) of the International Banking lic Housing Authorities (PHAs) are author- SEC. 1221. ELIMINATION OF DUPLICATIVE DIS- ized to provide down-payment assistance in CLOSURE OF FAIR MARKET VALUE Act of 1978 (12 U.S.C. 3102(b)) is amended in OF ASSETS AND LIABILITIES. the second sentence, by striking paragraph the form of a single grant, in lieu of monthly Section 37(a)(3) of the Federal Deposit In- (1) and by redesignating paragraphs (2) assistance. Such down-payment assistance surance Act (12 U.S.C. 1831n(a)(3)) is amended through (4) as paragraphs (1) through (3), re- shall not exceed the total amount of month- by striking subparagraph (D). spectively. ly assistance received by the tenant for the first year of assistance. For FY 2000 and SEC. 1222. PAYMENT OF INTEREST IN RECEIVER- SHIPS WITH SURPLUS FUNDS. S. 3274—SECTION-BY-SECTION thereafter, assistance under this section Section 11(d)(10) of the Federal Deposit In- shall be available to the extent that sums Section 1. Short Title and Table of Con- are appropriated. surance Act (12 U.S.C. 1821(d)(10)) is amended tents. States that the act may be cited as by adding at the end the following new sub- Section 302. Pilot program for homeowner- the ‘‘American Homeownership and Eco- ship assistance for disabled families. Adds a paragraph: nomic Opportunity Act of 2000.’’ ‘‘(C) RULEMAKING AUTHORITY OF CORPORA- pilot program to demonstrate the use of ten- TITLE I—REMOVAL OF BARRIERS TO TION.—The Corporation may prescribe such ant-based section 8 assistance (section 8 HOUSING AFFORDABILITY rules, including definitions of terms, as it vouchers) for the purchase of a home that deems appropriate to establish a single uni- Section 101. Short title. This title may be will be owned by 1 or more members of the form interest rate for or to make payments referred to as the ‘‘Housing Affordability disabled family and will be occupied by that of post insolvency interest to creditors hold- Barrier Removal Act of 2000.’’ family and meets certain requirements. Re- ing proven claims against the receivership Section 102. Grants for regulatory barrier quirements include purchase of the property estates of insured Federal or State deposi- removal strategies. Authorizes $15 million within three years of enactment of this Act; tory institutions following satisfaction by for FY 2001 through FY 2005 for grants to demonstrated income level from employ- the receiver of the principal amount of all States, local governments, and eligible con- ment or other sources (including public as- creditor claims.’’. sortia for regulatory barrier removal strate- sistance), that is not less that twice the Sec- gies. This is a reauthorization of the same tion 8 payment standard established by the SEC. 1223. REPEAL OF REPORTING REQUIRE- MENT ON DIFFERENCES IN AC- amount under an already existing CDBG set- PHA; participation in a housing counseling COUNTING STANDARDS. aside (Section 107(a)(1)(H)). Grants provided program provided by the PHA; and other re- Section 37(c) of the Federal Deposit Insur- for these purposes must be used in coordina- quirements established by the PHA in ac- ance Act (12 U.S.C. 1831n(c)) is amended— tion with the local comprehensive housing cordance with requirements established by (1) in paragraph (1), by striking ‘‘Each’’ affordability strategy (‘‘CHAS’’). the Secretary of HUD. and all that follows through ‘‘a report’’ and Section 103. Regulatory barriers clearing- Section 303. Funding for pilot program. Au- inserting ‘‘The Federal banking agencies house. Creates within HUD’s Office of Policy thorizes such sums as may be appropriated shall jointly submit an annual report’’; and Development and Research a ‘‘Regulatory for a grant program to supplement dem- (2) by inserting ‘‘any’’ before ‘‘such agen- Barriers Clearinghouse’’ to collect and dis- onstration programs approved under the Sec- cy’’ each place that term appears. seminate information on, among other tion 8 homeownership demonstration pro- SEC. 1224. EXTENSION OF TIME. things, the prevalence of regulatory barriers gram. The program has a 50% match require- Section 6(a)(1) of the Federal Home Loan and their effects on availability of affordable ment. Bank Act (12 U.S.C. 1426(a)(1)) is amended by housing, and successful barrier removal TITLE IV—PRIVATE MORTGAGE INSUR- striking ‘‘1 year’’ and inserting ‘‘18 months’’. strategies. ANCE CANCELLATION AND TERMI- Subtitle D—Technical Corrections TITLE II—HOMEOWNERSHIP FOR NATION WORKING FAMILIES SEC. 1231. TECHNICAL CORRECTION RELATING Section 401. Short title. Provides that this TO DEPOSIT INSURANCE FUNDS. Section 201. Home equity conversion mort- title may be cited as the ‘‘Private Mortgage (a) IN GENERAL.—Section 2707 of the De- gages. Allows for the refinancing of home eq- Insurance Technical Corrections and Clari- posit Insurance Funds Act of 1996 (Public uity conversion mortgages (HECMs) for el- fication Act’’. Law 104–208; 110 Stat. 3009–496) is amended— derly homeowners. Gives the Secretary dis- Section 402. Changes in amortization (1) by striking ‘‘7(b)(2)(C)’’ and inserting cretion to reduce the single premium pay- schedule. Clarifies that private mortgage in- ‘‘7(b)(2)(E)’’; and ment to an amount as determined by an ac- surance (PMI) termination/cancellation (2) by striking ‘‘, as redesignated by sec- tuarial study, to be conducted by the Sec- rights for adjustable rate mortgages (ARMs) tion 2704(d)(6) of this subtitle’’. retary within 180 days of enactment, and to are based on the amortization schedule then (b) EFFECTIVE DATE.—The amendments credit the premium paid on the original loan. in effect (the most recent calculation); made by subsection (a) shall be deemed to Authorizes the Secretary to establish a limit treats a balloon mortgage like an ARM (uses have the same effective date as section 2707 on origination fees that may be charged most recent amortization schedule); bases of the Deposit Insurance Funds Act of 1996 (which fees may be fully financed). Waives cancellation/termination rights on modified (Public Law 104–208; 110 Stat. 3009–496). counseling requirements if the borrower has terms if loan modification occurs.

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.002 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26319 Section 403. Deletion of ambiguous ref- dian housing plan requirements for small In- implementation of housing assistance pro- erences to residential mortgages. Clarifies dian tribes. grams for Native Hawaiians under this title. that borrowers’ PMI cancellation and termi- Provides Secretary with authority to The Secretary may make exceptions to, or nation rights apply only to mortgages cre- waive statutory requirements of environ- modifications of, program requirements as ated after the effective date of the legisla- mental reviews upon a determination that necessary and appropriate to meet the tion (one-year after the date of enactment). failure to comply does not undermine goals unique situation and housing needs of Native Section 404. Cancellation rights after can- of the National Environmental Policy Act, Hawaiians. Sets forth definitions, the re- cellation date. Clarifies that the good pay- will not threaten the health or safety of the quirements associated with housing plans, ment history requirement in the bill is cal- community, is the result of inadvertent and other program requirements. culated as of the later of the cancellation error and can be corrected by the recipient of Section 514. Loan guarantees. Provides for date or, the date on which a borrower re- funding. The intent is to address problems loan guarantees for Native Hawaiian Hous- quests cancellation. Provides that if a bor- resulting from procedural, rather than sub- ing. Loans guaranteed by the Secretary pur- rower is not current on payments as of the stantive, noncompliance. suant to this title shall be in amounts not to termination date, but later becomes current, Authorizes tribal housing entities to pro- exceed one hundred percent of the unpaid termination shall not take place until the vide housing on Indian reservations to full- principal and interest that is due on an eligi- first day of the following month (eliminates time law enforcement officers, sworn to im- ble loan. A loan is an eligible loan if that lender need to check and cancel PMI every plement the Federal, State, county, or tribal loan is made only to a borrower who is a Na- day of the month). Clarifies that PMI can- law. tive Hawaiian family, the Department of Ha- cellation or termination does not eliminate Revises provisions regarding audits and re- waiian Home Lands, the Office of Hawaiian requirement to make PMI payments legiti- views by the Secretary by making applicable Affairs, or a private nonprofit organization mately accrued prior to any cancellation or the requirements of the Single Audit Act to experience in the planning and development termination of PMI. tribal housing entities; allowing these hous- of affordable housing for Native Hawaiians. Section 405. Clarification of cancellation ing entities to be treated as a non-Federal TITLE VI—MANUFACTURED HOUSING and termination issues and lender paid mort- entities; and, permitting the Secretary to IMPROVEMENT gage insurance disclosure requirements. conduct audits. The audits will determine Section 601. Short Title References. States Adds provision clarifying cancellation and whether the grant recipient has carried out that this title may be cited as the ‘‘Manufac- termination issues related to terms ambig- eligible activities in a timely manner; has tured Housing Improvement Act of 2000.’’ uous in law, including ‘‘good payment his- met certification requirements; has an on Section 602. Findings and purposes. Cur- tory’’, ‘‘automatic termination’’ and ‘‘ac- going capacity to carry out eligible activi- rent law provisions are replaced with a more crued obligation for premium payments’’. ties in a timely manner; and, has complied detailed statement of the original intent of Clarifies that PMI cancellation rights exist with the proposed housing plan. Congress when it enacted the Federal Manu- Prescribes formula allocation for Indian on the cancellation date, or any later date, factured Home Construction and Safety housing authorities operating fewer than 250 as long as the borrower complies with all Standards Act. Adds a consensus standards units by requiring the amount of assistance cancellation requirements. Clarifies that development process to the purpose of the provided to these tribes to be based on an av- borrower must be current on loan payments act. Expresses the continuing need for af- erage of their allocations from the prior five to exercise cancellation. fordability and the need for objective, per- Section 406. Definitions. Sets forth defini- (5) fiscal years (fiscal years 1992 through formance-based standards, while empha- tions of: (a) refinanced; (b) midpoint of the 1997). sizing the need for consumer protection. amortization period; (d) original value; and Amends hearing requirements to allow the Section 603. Definitions. Adds several defi- (e) principal residence. Secretary to take immediate remedial ac- nitions to Section 603 of current law con- TITLE V—NATIVE AMERICAN tion if the Secretary determines that the re- cerning the consensus committee and the HOMEOWNERSHIP cipient has failed to comply substantially consensus standards development process Subtitle A—Native American Housing with any material provision of NAHASDA (Section —4). Adds a definition for the moni- resulting in continued federal expenditures Section 501. Lands Title Report Commis- toring function and related definitions for not authorized by law. primary inspection agency, design approval sion. Subject to amounts appropriated, cre- Upon noncompliance with the law due to inspection agency, and production inspection ates an Indian Lands Title Report Commis- technical incapacity, requires a recipient to primary inspection agency duties, which had sion to develop recommended approaches to enter into a ‘‘performance agreement’’ with not been previously defined. The term ‘‘deal- improving how the Bureau of Indian Affairs the Secretary before the Secretary can pro- er’’ has been replaced throughout with the (BIA) conducts title reviews in connection vide technical assistance. term ‘‘retailer.’’ with the sale of Indian lands. Receipt of a For section 8 vouchers currently being Section 604. Federal manufactured home certificate from BIA is a prerequisite to any used by an Indian tribe, requires counting construction and safety standards. Section sales transaction on Indian lands, and the such vouchers under the NAHASDA block 604 of current law (P.L. 93–383) is revised to current procedure is overly burdensome and grant allocation formula to ensure that fam- establish a consensus committee that would presents a regulatory barrier to increasing ilies currently participating in the Section 8 submit recommendations to the Secretary of homeownership on Indian lands. voucher program will continue to be funded. HUD for developing, amending and revising The Commission is composed of 12 mem- Repeals requirement regarding the certifi- both the Federal Manufactured Home Con- bers with knowledge of Indian land title cation of compliance with subsidy layering struction and Safety Standards and the en- issues (4 appointed by the President, 4 by the requirements with respect to housing as- forcement regulations. These recommenda- President from recommendations made by sisted with grant amounts provided under tions would be published in the Federal Reg- the Chairman of the Senate Committee on the Act. Banking, Housing, and Urban Affairs Com- ister for notice and comment prior to final mittee, and 4 by President from rec- Subtitle B—Native Hawaiian Housing adoption by the Secretary. The committee ommendations made by the Chairman of the Section 511. Short title. Provides that the shall be composed of 21 voting members, ap- House Committee on Banking and Financial subtitle may be cited as the ‘‘Hawaiian pointed by the Secretary, based on rec- Services). Authorized at $500,000. Homelands Homeownership Act of 2000.’’ ommendations of administering organiza- Section 502. Loan guarantees. Permanently Section 512. Findings. Finds that Native tions, who shall be qualified individuals (7 authorizes the section 184 Loan Guarantee Hawaiians continue to have the greatest producers of manufactured housing, 7 users Program for Indian housing. unmet need for housing and the highest rates of manufactured housing, and 7 general in- Section 503. Native American housing as- of overcrowding in the United States, and terest groups and/or public officials), and one sistance. Makes the following amendments that Congress finds it necessary to extend additional non-voting member to represent to the Native American Housing and Self-De- the Federal low-income housing assistance the Secretary on the consensus committee. termination Act of 1996 (NAHASDA): available under the Native American Hous- The committee would function in accordance Restricts Secretary’s authority to grant ing and Self Determination Act of 1996 to with the American National Standards Insti- waiver of Indian housing plan requirements, those Native Hawaiians. tute (ANSI) procedures for the development upon noncompliance due to circumstances Section 513. Housing assistance. Provides and coordination of American National beyond the control of the Indian tribe, to a the Secretary of HUD with authority to es- Standards. period of 90 days. Allows Secretary to waive tablish a program for the provision of block If the Secretary fails to take final action requirement for a local cooperation agree- grants for affordable housing activities for on a proposed revised standard, the Sec- ment provided the recipient has made a good Native Hawaiians, within the Native Amer- retary shall appear before the housing and faith effort to comply and agrees to make ican Housing Assistance and Self Determina- appropriation subcommittees and commit- payments in lieu of taxes to the jurisdiction. tion Act of 1996. The Secretary is to be guid- tees of the House of Representatives and the Sets forth requirement for assistance to ed by the program requirements of titles I, II Senate and state the reason for failure. Indian families that are not low-income upon and IV of the Native American Housing As- Further, if the Secretary does not appear a showing of need. Eliminates separate In- sistance and Self-Determination Act in the in person as required, the Secretary will be

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.002 S05DE0 26320 CONGRESSIONAL RECORD—SENATE December 5, 2000 prohibited from expending funds collected ing the one year period beginning on the financing option; allow fees from lenders to under authority of this title in any amount date of installation. This also requires state be used to help offset program costs; and re- greater than that collected and expended in issuance of appropriate orders for the correc- peals existing prohibition against the trans- the fiscal year preceding enactment of the tion or repair of defects in the manufactured fer of property title from the lender to the Manufactured Housing Improvement Act of homes that are reported during the 1–year federal government as well as the prohibi- 2000. period beginning on the date of installation tion against the transfer of liability from The revisions to section 604 would also under the dispute resolution program. In one borrower to another. clarify the scope of federal preemption to en- states that choose not to adopt their own Section 708. Enforcement provisions. Pro- sure that disparate state or local require- dispute resolution program, HUD may con- vides criminal penalties and civil sanctions ments do not affect the uniformity and com- tract with an appropriate agent in those for violations of program requirements. prehensive nature of the federal standards. states to implement a dispute resolution pro- Section 709. Amendments to title 18 of the At the same time, the bill would reinforce gram. United States Code. Amends Title 18 of the the proposition that installation standards Section 611. Elimination of annual report U.S. Code—Money Laundering—to strength- and regulations remain under the exclusive requirement. Eliminates existing annual re- en enforcement and prosecution of program authority of each state. porting by the Secretary to Congress on fraud and abuse. Section 605. Abolishment of the National manufactured housing standards. TITLE VIII—HOUSING FOR ELDERLY AND Manufactured Home Advisory Council; man- Section 612. Effective date. Effective date DISABLED FAMILIES ufactured home installation. Section 605 of of the legislation is the date of enactment, Section 801. Short Title. This title may be existing law (P.L. 93–383) would be repealed, except that interpretive bulletins or orders cited as the ‘‘Affordable Housing for Seniors abolishing the National Manufactured Home published as a proposed rule prior to the date and Families Act.’’ Advisory Council, which is replaced by the of enactment shall be unaffected. Section 802. Regulations. Provides that the consensus committee formed under Section Section 613. Savings provision. Existing Secretary of HUD shall issue regulations im- —04. A new section 605 is added, entitled manufactured housing standards are main- plementing the provisions of this title only ‘‘Section 605. Manufactured Home Installa- tained in effect until the effective date of the after notice and opportunity for public com- tion,’’ which give states five years to adopt Federal manufactured home construction ment. an installation program. During this five- and safety standards pursuant to the amend- Section 803. Effective Date. Provides that year period, the Secretary of the Department ments made by this act. the provisions of the title are effective upon of Housing and Urban Development (HUD) TITLE VII—RURAL HOUSING enactment unless such provisions specifi- and the Consensus Committee are charged HOMEOWNERSHIP cally provide for effectiveness or applica- with constructing a ‘‘model’’ manufactured Section 701. Guarantees for refinancing of bility upon another date certain. housing installation program. In states that rural housing loans. Amends Section 502(h) Subtitle A—Refinancing for Section 202 choose not to adopt an installation program, of the Housing Act of 1949 to allow borrowers Supportive Housing for the Elderly HUD may contract with an appropriate of Rural Housing Service single-family loans Section 811. Prepayment and refinancing. agent in those states to implement the to refinance an existing direct or guarantee Requires the Secretary to approve prepay- ‘‘model’’ installation program. loan with a new guarantee loan, provided the ment of mortgages for Section 202 properties Section 606. Public information. Amends interest rate is at least equal or lower than if the sponsor (owner) continues the low-in- current requirements governing cost infor- the current interest rate being refinanced; come use restrictions. Requires that upon re- mation of any new standards submitted by the same home is used as security; the prin- financing, the Secretary make available at manufacturers to the Secretary by requiring ciple is equal or lower than the refinanced least 50% of annual savings resulting from the Secretary to submit such cost informa- amount plus closing costs, discount points reduced Section 8 or other rental housing as- tion to the consensus committee for evalua- not exceeding 2 basis points and, an origina- sistance in a manner that is advantageous to tion. tion fee prescribed by the Agriculture Sec- tenants, which may include increasing sup- Section 607. Research, Testing, Develop- retary [HR 3834 (Andrews) Homeowners Fi- portive services, rehabilitation, moderniza- ment, and Training. Requires HUD Secretary nancing Protection Act (passed the House tion, and retrofitting of structures, and to conduct research, testing, development under suspension on September 19, 2000).] other specified purposes. and training necessary to carry out the pur- Section 702. Promissory note requirement This allows sponsors to build equity in poses of facilitating manufactured housing, under housing repair loan program. Increases their project that can be used to refinance at including encouraging GSE’s to develop and amount of promissory note (instead of use of lower interest rates. The refinancing may re- implement secondary market securitization liens on property) amounts from $2,500 to sult in lower project based Section 8 if the programs for FHA manufactured home loans, $7,500 (adjusted from late 1970’s amount to sponsor elects lower debt service in addition and reviewing the programs for FHA manu- account for home repairs, e.g. roofing, heat- to the lower interest rate. The savings can factured home loans and developing any ing systems, windows, etc.) without going then be used for improvements to the facil- changes to such programs to promote the af- through the formal loan process. ity or services for residents. fordability of manufactured homes. Section 703. Limited partnership eligibility Subtitle B—Authorization of Appropriations Section 608. Prohibited Acts. Requires con- for farm labor housing loans. Technical for Supportive Housing for the Elderly and tinued compliance with the requirements for amendment that clarifies that limited part- Persons with Disabilities the installation program required by Section nerships are eligible for loans under Section Section 821. Supportive housing for elderly 605 in any State that has not adopted and 514 (Farm Labor Housing) in cases where the persons. Authorizes such sums for the exist- implemented a State installation program. general partner is a nonprofit entity. ing program of supportive housing for the el- Section 609. Fees. Amends current section Section 704. Project accounting records derly (section 202 housing) for FY 01 and 620 by allowing the Secretary to use industry and practices. Sets forth accounting and ‘‘such sums as may be necessary’’ for FY 02, label fees for the administration of the con- record keeping requirements, including and FY 03. sensus committee, hiring additional program maintaining accounting records in accord- Section 822. Supportive housing for persons staff, for additional travel funding, funding ance with generally accepted accounting with disabilities. Authorizes such sums for of a non-career administrator to oversee the principles for all projects that receive funds the existing program of supportive housing program, and for HUD’s efforts to promote under this program; retaining records avail- for the disabled (section 811 housing) for FY the availability and affordability of manu- able for inspection by the USDA Secretary 01 and ‘‘such sums as may be necessary’’ for factured housing. Prohibits the use of label for not less than six years, and other require- FY 02, and FY 03. fees to fund any activity not expressly au- ments. Section 823. Service coordinators and con- thorized by the act, unless already engaged Section 705. Definition of rural area. Ex- gregate services for elderly and disabled in by the Secretary, makes expenditure of tends designation of rural areas, for purposes housing. Authorizes such sums for grants for label fees subject to annual Congressional of the Rural Housing Service housing pro- service coordinators, who link residents with appropriations review. Requires HUD to be grams, for a narrow category of communities supportive or medical services in the com- accountable for any fee increase by requiring until the 2010 census. munity, for certain federally assisted multi- notice and comment rulemaking. Section 706. Operating assistance for mi- family housing projects for FY 01 and ‘‘such Section 610. Dispute Resolution. In order grant farmworkers projects. Allows Section sums as may be necessary’’ for FY 02, and FY to address problems that may arise with 521 operating assistance for farm labor hous- 03. manufactured homes, Section 610 gives the ing complexes where ‘‘mixed’’ migrant and states five years to adopt a dispute resolu- annual workers will live. Subtitle C—Expanding Housing Opportuni- tion program for the timely resolution of Section 707. Multifamily rental housing ties for the Elderly and Persons with Dis- disputes between manufacturers, retailers, loan guarantee program. Allows Native abilities and installers regarding the responsibility Americans to become eligible borrowers PART 1—HOUSING FOR THE ELDERLY for the correction or repair of defects in under the multifamily loan guarantee pro- Section 831. Eligibility of for-profit limited manufactured homes that are reported dur- gram; authorizes a ‘‘balloon payment’’ as a partnerships. Allows 202 sponsors to form

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limited partnerships with for-profits, but the PART 3—OTHER PROVISIONS I (approx. $14,800) and the Board Members nonprofits must be the controlling partner. Section 851. Service coordinators. Allows from Level III to Level II (approx. $10,500). Through this partnership, the sponsors could service coordinators to assist low-income el- Section 1003. Amendments to the Federal compete for the low income housing tax derly or disabled families living in the vicin- Reserve Act. Provides a new reporting re- credit. With this change, owners could build ity of an eligible federally assisted project. quirement to replace the expired provisions bigger developments and achieve scale Requires HUD and HHS to develop standards relating to the semi-annual ‘‘Humphrey- economies. The units financed under Section for service coordinators in federally assisted Hawkins’’ reports requirements. Section 1002 202 would be governed by those rules, and the housing to educate seniors about tele- requires the Chairman of the Federal Re- tax credit units would be governed under marketing fraud and facilitating prosecution serve Board to appear before Congress at those rules. States would still be making the of such fraud. This change will make the semi-annual hearings to discuss monetary decision who gets the LIHTC, and the lim- project a focal point of the community, ad- policy as well as economic developments and ited partnerships would have to compete like dress the isolation many seniors feel particu- prospects for the future. The Chairman will everybody else. larly in rural areas—and help seniors protect appear before the House Banking Committee Section 832. Mixed funding sources. Allows themselves against fraud. around February 20 of even numbered years private non-profit housing providers to use and July 20 of odd numbered years, and be- SUBTITLE D—PRESERVATION OF AFFORDABLE all sources of financing, including Federal fore the Senate Banking Committee on Feb- HOUSING STOCK funds, for amenities, relevant design features ruary 20 of odd numbered years and July 20 and construction of affordable housing for Section 861. Section 236 Assistance. Allows of even numbered years. Either Committee seniors. owners of uninsured Section 236 projects to may request the Chairman to appear after Section 833. Authority to acquire struc- retain excess income. This money is needed his scheduled appearance before the other. tures. Removes limitation allowing private for repairs to the aging projects. The FY 00 Requires the Federal Reserve Board to sub- non-profit housing providers to acquire only VA–HUD bill allowed uninsured Section 236 mit, concurrent with each semi-annual hear- RTC-held properties. RTC went out of busi- owners to retain excess income (which re- ing, a written report to both Committees dis- ness. This provision allows 202 projects to ac- sults when 30% of somebody’s income ex- cussing the same subjects, taking into ac- quire properties. ceeds the base rent established by HUD), but count developments in employment, unem- Section 834. Use of project reserves. the authority had to be approved on an an- ployment, production, investment, real in- Project reserves, a set-aside account funded nual basis through the appropriations proc- come, productivity, exchange rates, inter- through rent receipts for repairs to the ess. This provision puts the uninsured 236s on national trade and payments, and prices. equal footing with the FHA insured projects, building’s structure or infrastructure over TITLE XI—BANKING AND HOUSING which are already allowed to retain excess the years (roof, elevator, etc.), may be used AGENCY REPORTS to reduce the number of dwelling units in the income. Section 1101. Short title. The title is cited 202 project. The use of these funds is subject To the extent a project owner has remitted excess income charges to HUD since the date as the ‘‘Federal Reporting Act of 2000.’’ to the Secretary’s approval to ensure the use Section 1102. Preservation of certain re- is designed to retrofit obsolete or unmarket- of enactment of the FY 1999 appropriations Act, the Department may return to the rel- porting requirements. This Section rein- able units. states certain reports which expired in May During the cost containment phase of the evant project owner any such excess charges 2000 pursuant to the Federal Reports Elimi- Section 202 program, many efficiencies were remitted. This would put these owners on an nation and Sunset Act of 1995. built. In many cases, it is preferable to con- equal footing with those owners who had re- tained these excess charges and whom HUD (1) President’s economic report, together vert efficiencies to 1 or 2 bedroom apart- with the annual report of the Council of Eco- ments. In other instances, the project may has, through notice, permitted to retain such excess income. nomic Advisors. Due: During first 20 days of want to reduce units to make room for a each regular session. TITLE IX—OTHER RELATED HOUSING clinic or community space. (2) President’s report on impact of offsets Section 835. Commercial activities. Makes PROVISIONS on the defense preparedness, industrial com- clear that commercial facilities may be lo- Section 901. Extension of Loan Term for petitiveness, employment, and trade of the cated and operated in Section 202 projects, as Manufactured Home Lots. Extends the loan US. Due: Annually (to Banking and Armed long as the business is not subsidized with terms for manufactured home lots financed Services Committees) (This report discloses 202 funds. These facilities can benefit resi- by insured financial institutions from 15 impact on the U.S. economy in cases where dents and bring some additional revenue years, 32 days to 20 years, 32 days. foreign governments, to justify the purchase (rent) to the project. Section 902. Use of Section 8 Vouchers for of U.S.-made defense systems, require tech- PART 2—HOUSING FOR PERSONS WITH Opt—Outs. Amends the VA, HUD and Inde- nology transfers or direct in-country invest- DISABILITIES pendent Agencies Appropriations Act of FY ments. Such concessions ensure the sale but Section 841. Eligibility of for-profit limited 2001 by changing the effective date when Sec- may impair future sales or enhance the pro- partnerships. Provides that for-profit limited tion 8 vouchers may be used in situations duction capacity of a potential foreign com- partnerships are eligible to participate in where owners opt out of the program from petitor to the U.S.) the 811 program established under this Act. 1996 to 1994. (3) Commerce Department report on oper- The nonprofit will be the controlling part- Section 903. Maximum payment standard ations under the Public Works and Economic ner, and the limited partnership may com- for enhanced vouchers. Amends the VA, HUD Development Act of 1965 (by the Economic pete for the LIHTC. and Independent Agencies Appropriations Development Administration) Due: Annu- Section 842. Mixed funding sources. Allows Act of FY 2001 to require that HUD may not ally. private non-profit housing providers to use limit the value of enhanced vouchers as pro- (The EDA provides grants for public works all sources of financing, including Federal vided under the statute if such limit would and other assistance to alleviate unemploy- funds, for amenities, relevant design features adversely affect the assisted families to ment in economically distressed areas.) and construction of affordable housing for which enhanced vouchers are provided. (4) HUD’s agenda of all rules and regula- the disabled. Section 904. Use of section 8 assistance by tions under development or review. Due: Section 843. Tenant-based assistance for ‘‘grand-families’’ to rent dwelling units in Semiannually (to Banking Committee). persons with disabilities. Provides that ten- assisted projects. Allows HOME funds (in (5) HUD report on early defaults on FHA- ant-based rental assistance provided under rental units otherwise not eligible for HOME insured loans. Due: Annually. (The report in- Section 811 of the Cranston-Gonzalez Na- funds) to be used for facilities with units cludes data on lenders and the numbers of tional Affordable Housing Act may be pro- with low-income families having a grand- loans they make—and defaults and fore- vided by a private nonprofit organization as parent residing with a grandchild, or in some closures thereon—by census tract.) well as by a public housing agency as under cases, where great- and great-great grand- (6) Two HUD Reports related to civil current law. children are residing in the unit, with nei- rights: (a) Progress in eliminating discrimi- Section 844. Use of project reserves. ther of the child’s parents residing in the natory housing practices. Due: Annually. Project reserves may be used to reduce the household. (The report reviews the nature and extent of number of dwelling units in an 811 project to TITLE X—FEDERAL RESERVE BOARD progress in eliminating housing discrimina- retrofit obsolete or unmarketable units. Al- PROVISIONS tion practices, obstacles remaining, and rec- lows flexibility to design the project in a Section 1001. Federal Reserve Board Build- ommendations for legislation or executive way that makes it more comfortable & ap- ings. Allows the Federal Reserve Board to action.) and (b) Data on applicants, partici- pealing for the residents. have more than one building. pants, and beneficiaries of the programs ad- Section 845. Commercial Activities. Clari- Section 1002. Positions of Board of Gov- ministered by HUD. Due: Annually. (The re- fies that commercial facilities may be lo- ernors of Federal Reserve System on the Ex- port provides data on race, color, religion, cated and operated in Section 811 projects, as ecutive Schedule. Raises the pay of the sex, national origin, age, handicap, and fam- long as the business is not subsidized with Chairman of the Federal Reserve Board from ily characteristics of applicants or partici- 811 funds. Level II of the Executive Schedule to Level pants in HUD programs.)

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.002 S05DE0 26322 CONGRESSIONAL RECORD—SENATE December 5, 2000 (7) Two HUD reports related to lead-based (This report reviews how well Exim’s pro- tablishing neighborhood housing services paint hazards: (a) Assessment of the progress grams compete with those of other export and providing grants and technical assist- made in implementing the various programs credit agencies, and includes other ‘‘sub-re- ance to facilitate reinvestment.) authorized by the Act. Due: Annually. (This ports’’ which will also continue, i.e. the (35) Voluntary agreements under the De- report covers research/studies into lead poi- Trade Promotion Coordinating Committee fense Production Act. Due: At least annu- soning and recommendations for legislative (TPCC) Strategic Plan, Advisory Committee ally. (This report is due to the Congress and or other action to improve HUD’s perform- comments on Exim’s competitiveness, and the President from any individual(s) des- ance in combating such hazards.); and (b) Competitive Insurance Opportunities report ignated by the President, describing vol- Progress of the Department in implementing on Exim deals with respect to countries that untary agreements and plans of action in ef- expanded lead-based paint hazard evaluation deny opportunities to US insurance compa- fect for preparedness programs and expan- and reduction activities. Due: Biennially. nies.); (b) Tied aid credits. Due: Biannually. sion of production capacity and supply.) (This report is related to the one above and (This report covers the tied aid credit pro- (36) Justice Department report on data col- provides an assessment of HUD’s progress in gram under which grants are made to supple- lection re banks and banking. Due: Quar- various lead-based paint abatement pro- ment financing for a US export when it ap- terly. (This report details civil and criminal grams.) pears predatory financing will be available investigations and prosecutions relating to (8) FHA annual report. Due: Annually. (The from another country for a competitor’s banking law offenses.) report provides an analysis of income-demo- product.); and (c) Operations as of the close (37) Federal Housing Administration Advi- graphic borrower information, specifically of business each fiscal year. Due: Annually. sory Board report on assessment of the ac- related to incomes not exceeding 100% of (This report includes other ‘‘sub-reports’’ tivities of the Federal Housing Administra- area median income (AMI), 80% of AMI, 60% which would also be retained, i.e. environ- tion; effectiveness of the Mortgagee Review of AMI; minority, central city and rural bor- mental exports and small business exports. Board. Due: Annually. (This report covers rowers; and, HUD activities to ensure par- Three other sub-reports are listed for repeal the soundness of FHA’s underwriting proce- ticipation by these groups.) under Section 1005.) dures and other activities relating to the (9) HUD annual report. Due: Annually. (21) FDIC report on operations of the Cor- FHA’s ability to serve nation’s homebuyers (This is an annual report by the Secretary to poration. Due: Annually. (The report also in- and renters, as well as the effectiveness of the President for submission to the Congress cludes information on the BIF and SAIF.) the Mortgagee Review Board which takes ac- on all operations and programs under HUD’s (22) Federal Financing Bank report on ac- tion against mortgagees in violation of the jurisdiction during the previous year.) tivities of the Bank. Due: Annually. (The Fair Housing Act or other statutory require- (10) HUD annual report. Due: Annually. FFB lends to federal agencies to reduce the ments.) (This is a general requirement for an annual cost of borrowing, ensure coordination of Section 1103. Coordination of Reporting report from the Secretary to the President borrowings with federal fiscal and debt man- Requirements. Subsection (a) requires the on the activities of HUD for submission to agement, and assure minimal disruption of FDIC’s annual report to include the agency’s Congress.) private markets and institutions.) annual consumer affairs report. (11) FEMA report on operations under the (23) Federal Housing Finance Board Annual Subsection (b) requires the annual report National Flood Insurance Act of 1968. Due: Report. Due: Annually. of the Federal Reserve Board of Governor to Biennially. (This report covers operations of (24) Federal Reserve survey of bank fees include the Fed’s annual report of activities the national flood insurance program offered and services. Due: Annually. (The report cov- under the Equal Credit Opportunity Act, the to communities which enforce flood plain ers discernible changes in cost and avail- Board’s annual consumer affairs report, the management measures.) ability of bank services.) annual report on administration of the (12) HUD report on Indians and Alaska Na- (25) Federal Reserve assessment of the Truth in Lending Act, and the Fed’s annual tive housing and community development. profitability of credit card operations of de- report on policy actions of the Federal Open Due: Annually. (The report covers the hous- pository institutions. 15 U.S.C. 1637 Due: An- Market Committee and the Board. ing needs of Indian tribes in the U.S. and nually. (The report also discusses trends in Subsection (c) requires the OCC annual re- HUD’s activities in meeting such needs. It credit card interest rates.) port to include the agency’s annual con- includes estimates of the costs of projected (26) Federal Reserve report on credit card sumer affairs report. activities for succeeding fiscal years, statis- price and availability information. Due: Subsection (d) requires the Exim Bank’s tics on the conditions of Indian and Alaska Semiannually. (The Board provides informa- annual report on export financing competi- Native housing, and recommendations for tion on a sample of 150 card issuers twice a tion to include the tied aid report, and new legislation.) year.) makes the latter an annual rather than (13) HUD report on actuarial soundness of (27) Federal Reserve activities under the semi-annual report. the Mutual Mortgage Insurance Fund. Due: Equal Credit Opportunity Act. Due: Annu- Subsection (e) requires HUD’s annual re- Annually. (The report describes HUD actions ally. (This information is included in the port to include the Department’s two annual to ensure the Fund maintains a capital ratio Board’s annual report.) reports required under the Civil Rights Act of at least 1.25 percent.) (28) Federal Reserve report on administra- relating to progress in eliminating housing (14) Treasury Department report on tion of and recommendations as to changes discrimination and data on applicants and progress in enhancing human rights through in the Truth in Lending Act. Due: Annually. participants in HUD programs, the Depart- U.S. participation in international financial (The report provides information on compli- ment’s annual and biennial reports on lead institutions. Due: Quarterly (to Banking and ance with TILA regulations.) based paint, the Department’s annual report International Relations Committees). (29) Federal Reserve Board of Governors re- on all HUD programs and operations, and (15) Treasury Department reports: (a) Fi- port of activities. Due: Annually. HUD’s annual report on housing programs nancial statement and report of transactions (30) Federal Reserve report on policy ac- related to Indians and Alaskan Natives. of the Exchange Stabilization Fund (ESF). tions of the Federal Open Market Committee Subsection (f) requires the annual report of Due: Monthly (to Banking Committee); and and the Board. Due: Annually. (This is in- the Federal Housing Administration to in- (b) Operations of the ESF. Due: Annually. cluded in the Fed’s annual report.) clude the annual report on early defaults on (16) OCC, FDIC, and Federal Reserve Board (31) Federal Trade Commission’s reports on FHA-insured loans and the annual report on reports on activities of the consumer affairs administration of the Fair Debt Collection the actuarial soundness of the Mutual Mort- division. Due: Annually. (These reports de- Practices Act. Due: Annually. (The report gage Insurance Fund. scribe actions taken by the agencies to pre- covers elimination of abusive debt collection Subsection (g) amends the International vent unfair or deceptive acts or practices by practices.) Financial Institutions Act to change Treas- banks and to address consumer complaints.) (32) National Credit Union Administra- ury’s report on promoting human rights (17) OCC Annual Report. Due: Annually. tion’s report on operations and financial in- through international financial institutions (18) OTS report on minority institutions. formation. Due: Annually. from a quarterly report to an annual report. Due: Annually. (This report relates to OTS (33) Treasury Department report on activi- Section 1104. Elimination of certain report- actions to preserve minority ownership of ties and audit of financial statement of the ing requirements. Provides for the repeal of minority financial institutions many of Resolution Funding Corporation. Due: Annu- certain Export-Import Bank reports. One is a which serve lower income and minority com- ally. (REFCORP was established by FIRREA report from the President requesting legisla- munities.) to raise funding for RTC resolution of insol- tion if the amount of direct loan authority (19) Appalachian Regional Commission re- vent S&Ls. Funds are appropriated to Treas- or guarantee authority available to the Ex- port of activities. Due: Annually. (The report ury to pay interest on obligations issued by port-Import Bank for the fiscal year involved covers Federal-State activities to support REFCORP.) exceeds the amount necessary. This report is economic development in the 13 Appalachian (34) Neighborhood Reinvestment Corpora- being repealed because it is a corollary to states.) tion’s annual report. Due: Annually. (The the President’s annual report on sufficiency (20) Export-Import Bank reports: (a) Ex- corporation was set up to continue the work of Exim authority which expired pursuant to port financing competition. Due: Annually. of the Urban Reinvestment Task Force in es- the sunset. There are four ‘‘sub-reports’’ to

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Exim’s annual report that are also to be re- Subtitle C—Streamlining Agency Actions (Mr. SARBANES) and the Senator from pealed: (1) a report on specific Exim’s pro- Section 1221. Elimination of Duplicative Maryland (Ms. MILULSKI) were added as grams and activities to promote nonnuclear Disclosure of Fair Market Value of Assets cosponsor of S. 1716, a bill to amend the renewable energy resources and description and Liabilities. Clarifies that banking agen- of Exim’s actions to assist small business Federal Insecticide, Fungicide, and cies need no longer pursue further develop- Rodenticide Act to require local edu- which is being repealed because this infor- ment of the supplemental disclosure method. mation is already included in other reports; Even so, Section 36 of FDIA and its sup- cational agencies and schools to imple- (2) a report on Exim’s actions on maintain- porting regulations provide agencies with ment integrated pest management sys- ing ‘‘key linkage industries’’ which is unnec- discretion to seek additional information in tems to minimize the use of pesticides essary because Exim’s annual report covers regulatory reports and annual reports re- in schools and to provide parents, exports for various industries; (3) a report on garding fair market value. guardians, and employees with notice Exim’s measures to supplement financing for Section 1222. Payment of Interest in Re- agricultural commodities which was enacted of the use of pesticides in schools, and ceiverships With Surplus Funds. Gives the for other purposes. 20 years ago but which is no longer needed FDIC the authority to establish a uniform with Exim continuing to be involved in this interest rate with regard to receiverships. S. 2084 area; and (4) a report on Exim’s programs on Section 1223. Repeal of Reporting Require- At the request of Mr. LUGAR, the the export of services which is also covered ments on Differences in Accounting Stand- name of the Senator from North Caro- in the annual report since it is part of ards. Amends the requirement for each agen- lina (Mr. HELMS) was added as a co- Exim’s activities. cy to produce an Annual Report on ‘‘Agency sponsor of S. 2084, a bill to amend the This section also provides for the repeal of Differences in Reporting Capital Ratios and a semi-annual FDIC report on the agency’s Internal Revenue Code of 1986 to in- Related Standards.’’ Instead, this provision crease the amount of the charitable de- efforts to maximize the efficient use of pri- directs the Federal banking agencies to vate sector contractors to manage assets jointly produce one report. duction allowable for contributions of held by the agency. There is little need for Section 1224. Extension of Time. Extends food inventory, and for other purposes. the report today since assets have declined deadline for new FHLB capital rules from 12 S. 2363 significantly since 1991. The 1999 report months to 18 months. At the request of Mr. CRAPO, the showed the agency had only about 3% of the Subtitle D—Technical Corrections assets in liquidation it had 7 years earlier. name of the Senator from Utah (Mr. Section 1231. Technical Correction Relat- TITLE XII—FINANCIAL REGULATORY HATCH) was added as a cosponsor of S. ing to Deposit Insurance Funds. Makes tech- RELIEF 2363, a bill to subject the United States nical correction to FDIA. to imposition of fees and costs in pro- Section 1200. Short Title. This title may be Section 1232. Rules for Continuation of De- cited as the ‘‘Financial Regulatory Relief posit Insurance for Member Banks Con- ceedings relating to State water rights and Economic Efficiency Act of 2000. verting Charters. Makes technical changes adjudications. Section 1201. Repeal of Savings Association with regard to a cross-reference cite. S. 2434 Liquidity Provision. Repeals unnecessary Section 1233. Amends to the Revised Stat- At the request of Mr. JOHNSON, his provisions relating to savings association li- utes of the United States. name was added as a cosponsor of S. quidity requirements. 1233(a) Provides that the Comptroller may 2434, a bill to provide that amounts al- Section 1202. Non-controlling Investments waive the U.S. citizenship requirement for by Savings Association Holding Companies. up to a minority of a national bank’s direc- lotted to a State under section 2401 of Allows a savings and loan holding company tors. The Economic Growth and Regulatory the Social Security Act for each of fis- to acquire a five to twenty-five percent non- Paperwork Reduction Act (EGRPRA) inad- cal years 1998 and 1999 shall remain controlling interest of another SLHC or sav- vertently deleted the long-standing author- available through fiscal year 2002. ings association, subject to the approval of ity of the Comptroller to waive the citizen- S. 2585 the Director of the OTS. ship requirement for up to a minority of di- Section 1203. Repeal of Deposit Broker No- At the request of Mr. JOHNSON, his rectors of national banks that are subsidi- tification and Record Keeping Requirement. name was added as a cosponsor of S. aries of affiliates of foreign banks. Repeals requirement that brokers file a writ- 1233(b) Updates Section 11 to reflect that 2585, a bill to amend titles IV and XX ten notice with the FDIC before soliciting or national banks no longer issue national cur- of the Social Security Act to restore placing deposits with an insured depository rency, while maintaining the provision that funding for the Social Services Block institution. prohibits the Comptroller from owning inter- Grant, to restore the ability of the Section 1204. Expedited Procedures for Cer- est in the national banks they regulate. States to transfer up to 10 percent of tain Reorganizations. Simplified procedures 1233(c) Repeals Section 5138 of the Revised for a national bank reorganizing into a bank TANF funds to carry out activities Statutes (first enacted in 1864), which im- holding company. under such block grant, and to require poses minimum capital requirements for na- Section 1205. National Bank Directors. Per- an annual report on such activities by mits national banks to elect directors to tional banks. This minimum capital require- ment (ranging from $50,000 to $200,000) is ob- the Secretary of Health and Human terms of up to 3 years on a staggered basis. Services. Permits Comptroller to remove the limita- solete, since Congress granted the Federal tion on the number of board members. banking agencies the regulatory authority S. 3145 Section 1206. Amendment to Bank Consoli- to establish minimum capital requirements At the request of Mr. BREAUX, the dation and Merger Act. Permits national in 1983. name of the Senator from Tennessee Section 1234. Conforming Changes to the bank, upon approval of Comptroller, to (Mr. FRIST) was added as a cosponsor of merge or consolidate with its subsidiaries or International Banking Act of 1978. Allows S. 3145, a bill to amend the Internal branches and agencies of foreign banks that nonbank affiliates—with no increase in pow- Revenue Code of 1986 to clarify the ers for the national bank. satisfy the asset test imposed on domestic Section 1207. Loans on or Purchases by In- banks to be examined on an 18-month cycle treatment under the tax-exempt bond stitutions of their own Stock. Repeals prohi- instead of the 12-month cycle. rules of prepayments for certain com- bition on a bank owning or holding its stock, f modities. but retains prohibition on making loans or S. 3211 ADDITIONAL COSPONSORS discounts on the security of its own stock. At the request of Mr. HARKIN, the Section 1208. Purchased Mortgage Serv- S. 664 name of the Senator from Vermont icing Rights. Authorizes the appropriate Federal banking agencies to jointly simplify At the request of Mr. L. CHAFEE, the (Mr. JEFFORDS) was added as a cospon- capital calculations by not requiring banks name of the Senator from New Jersey sor of S. 3211, a bill to authorize the or thrifts to distinguish between types of (Mr. TORRICELLI) was added as a co- Secretary of Education to provide mortgage servicing rights. This would allow sponsor of S. 664, a bill to amend the grants to develop technologies to regulators to value marketable mortgages Internal Revenue Code of 1986 to pro- eliminate functional barriers to full servicing assets in capital determinations up vide a credit against income tax to in- independence for individuals with dis- to 100% of their fair market value rather dividuals who rehabilitate historic abilities, and for other purposes. than the current level which is limited to 90% of fair market value. homes or who are the first purchasers S. 3250 Subtitle B—Streamlining Activities of of rehabilitated historic homes for use At the request of Mr. BROWNBACK, the Institutions as a principal residence. names of the Senator from Utah (Mr. Section 1211. Call Report Simplification. S. 1716 BENNETT), the Senator from Arizona Provides for the modernization of the call re- At the request of Mr. TORRCELLI, the (Mr. MCCAIN), the Senator from Wis- port filing and disclosure system. names of the Senator from Maryland consin (Mr. FEINGOLD), and the Senator

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR00\S05DE0.002 S05DE0 26324 CONGRESSIONAL RECORD—SENATE December 5, 2000

from Montana (Mr. BAUCUS) were added BAYH) was added as a cosponsor of S. Amendment No. 3996 proposed to H.R. as cosponsors of S. 3250, a bill to pro- 3269, a bill to establish a Commission 4461, a bill making appropriations for vide for a United States response in the for the comprehensive study of voting Agriculture, Rural Development, Food event of a unilateral declaration of a procedures in Federal, State, and local and Drug Administration and Related Palestinian state. elections, and for other purposes. Agencies programs for the fiscal year S. 3269 AMENDMENT NO. 3996 ending September 30, 2001, and for At the request of Mr. SPECTER, the At the request of Mr. JOHNSON, his other purposes. name of the Senator from Indianah (Mr. name was added as a cosponsor of FOREIGN CURRENCY REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- port(s) of standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

AMENDMENT TO 2ND QUARTER 2000 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM MAY 1 TO JUNE 30, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Steve Cortese:. Japan ...... Yen ...... 262.00 ...... 262.00 South Korea ...... Won ...... 678.00 ...... 678.00 Jennifer Chartrand: Japan ...... Yen ...... 393.00 ...... 393.00 South Korea ...... Won ...... 678.00 ...... 678.00 Tom Hawkins: Japan ...... Yen ...... 393.00 ...... 393.00 South Korea ...... Won ...... 678.00 ...... 678.00

Total ...... 3,082.00 ...... 3,082.00 TED STEVENS, Chairman, Committee on Appropriations, Oct. 25, 2000.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JULY 1, TO SEPT. 30, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Tom Harkin: United States ...... Dollar ...... 6,378.42 ...... 6,378.42 Korea ...... Dollar ...... 276.00 ...... 276.00 China ...... Dollar ...... 1,241,60.00 ...... 1,241.60 China ...... Yuan ...... 2,566.39 ...... 2,566.39 Hong Kong ...... Dollar ...... 690.00 ...... 690.00 Indonesia ...... Dollar ...... 75.00 ...... 75.00 East Timor ...... Dollar ...... 320.00 ...... 320.00 Australia ...... Dollar ...... 214.00 ...... 214.00 Peter Reinecke: United States ...... Dollar ...... 6,622.42 ...... 6,622.42 Korea ...... Dollar ...... 552.00 ...... 552.00 China ...... Dollar ...... 1,241,60.00 ...... 1,241.60 China ...... Yuan ...... 310.40 ...... 310.40 Hong Kong ...... Dollar ...... 690.00 ...... 690.00 Indonesia ...... Dollar ...... 75.00 ...... 75.00 East Timor ...... Dollar ...... 320.00 ...... 320.00 Australia ...... Dollar ...... 214.00 ...... 214.00 Senator Ted Stevens: United Kingdom ...... Dollar ...... 793.00 ...... 793.00 Senator Thad Cochran: United Kingdom ...... Dollar ...... 1,074.00 ...... 1,074.00 Steve Cortese: United Kingdom ...... Dollar ...... 1,074.00 ...... 1,074.00 Sid Ashworth: United Kingdom ...... Dollar ...... 1,074.00 ...... 1,074.00 Andy Givens: United Kingdom ...... Dollar ...... 1,074.00 ...... 1,074.00 Gary Reese: United Kingdom ...... Dollar ...... 1,074.00 ...... 1,074.00 John Young: United Kingdom ...... Dollar ...... 1,074.00 ...... 1,074.00 Fred Pagan: United Kingdom ...... Dollar ...... 1,074.00 ...... 1,074.00

Total ...... 17,096.99 ...... 13,000.84 ...... 30,097.83 TED STEVENS, Chairman, Committee on Appropriations, Oct. 23, 2000.

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00064 Fmt 0686 Sfmt 8634 E:\BR00\S05DE0.002 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26325 AMENDMENT TO 1ST QUARTER 2000 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JAN. 1, TO MAR. 31, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John Warner: Morocco ...... Dollar ...... 472.00 ...... 472.00 Macedonia ...... Dollar ...... 444.00 ...... 444.00 Bosnia and Herzegovina ...... Dollar ...... 351.00 ...... 351.00 United Kingdom ...... Dollar ...... 762.00 ...... 762.00 France ...... Dollar ...... 323.00 ...... 323.00 Romie L. Brownlee: Morocco ...... Dollar ...... 372.00 ...... 372.00 Macedonia ...... Dollar ...... 444.00 ...... 444.00 Bosnia and Herzegovina ...... Dollar ...... 351.00 ...... 351.00 United Kingdom ...... Dollar ...... 381.00 ...... 381.00 Judith A. Ansley: Morocco ...... Dollar ...... 372.00 ...... 372.00 Macedonia ...... Dollar ...... 444.00 ...... 444.00 Bosnia and Herzegovina ...... Dollar ...... 351.00 ...... 351.00 United Kingdom ...... Dollar ...... 762.00 ...... 762.00 France ...... Dollar ...... 323.00 ...... 323.00 Total ...... 6,152.00 ...... 6,152.00 JOHN WARNER, Chairman, Committee on Armed Services, Sept. 30, 2000.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SECTION 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JULY 1, TO SEPT. 30, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator James Inhofe: United Kingdom ...... Pound ...... 716 1,074.00 ...... 1,074.00 Total ...... 1,074.00 ...... 1,074.00 JOHN WARNER, , Chairman, Committee on Armed Services, Sept. 30, 2000.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS FOR TRAVEL FROM JULY 1, TO SEPT. 30, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Phil Gramm: United Kingdom ...... Pound ...... 1,442.00 ...... 1,442.00 Netherlands ...... Guilder ...... 492.00 ...... 492.00 Belgium ...... Franc ...... 741.00 ...... 741.00 Senator Jim Bunning: United Kingdom ...... Pound ...... 1,442.00 ...... 1,442.00 Netherlands ...... Guilder ...... 492.00 ...... 492.00 Belgium ...... Franc ...... 741.00 ...... 741.00 Senator Mike Crapo: United Kingdom ...... Pound ...... 1,442.00 ...... 1,442.00 Netherlands ...... Guilder ...... 492.00 ...... 492.00 Belgium ...... Franc ...... 741.00 ...... 741.00 Ruth Cymber: United Kingdom ...... Pound ...... 1,215.68 ...... 1,215.68 Netherlands ...... Guilder ...... 492.00 ...... 492.00 Belgium ...... Franc ...... 741.00 ...... 741.00 Lendell Porterfield: Finland ...... Dollar ...... 474.00 ...... 4,887.30 ...... 5,361.30 Sweden ...... Dollar ...... 560.00 ...... 560.00 Norway ...... Dollar ...... 522.00 ...... 522.00 Denmark ...... Dollar ...... 476.00 ...... 476.00 Total ...... 12,505.68 ...... 4,887.30 ...... 17,392.98 PHIL GRAMM, Chairman, Committee on Banking, Housing, and Urban Affairs, Oct. 11, 2000.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), SENATE BUDGET COMMITTEE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Alice Grant: Thailand ...... Dollar ...... 696.00 ...... 696.00 Cambodia ...... Dollar ...... 230.00 ...... 230.00 Vietnam ...... Dollar ...... 802.00 ...... 802.00 Hong Kong ...... Dollar ...... 2,691.00 345.00 ...... 345.00 Dollar ...... 4,026.21 ...... 4,026.21 Senator Frank Lautenberg:

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00065 Fmt 0686 Sfmt 8634 E:\BR00\S05DE0.002 S05DE0 26326 CONGRESSIONAL RECORD—SENATE December 5, 2000 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), SENATE BUDGET COMMITTEE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2000—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

China ...... Dollar ...... 2,322.00 ...... 2,322.00 Yuan ...... 2,976.48 360.00 ...... 360.00 Dollar ...... 4,302.21 ...... 4,302.21 Frederic Baron: China ...... Dollar ...... 2,284.00 ...... 2,284.00 Yuan ...... 2,976.48 360.00 ...... 360.00 ...... 4,775.21 ...... 4,775.21 Total ...... 7,399.00 ...... 13,103.63 ...... 20,502.63 PETE V. DOMENICI, Chairman, Committee on Budget, Sept. 28, 2000.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION FOR TRAVEL FROM JULY 1, TO SEPT. 30, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Margaret F. Spring: Canada ...... Dollar ...... 376.56 ...... 545.15 ...... 921.71 Samuel E. Whitehorn: Canada ...... Dollar ...... 816.52 548.00 ...... 816.52 548.00 United States ...... Dollar ...... 358.00 ...... 358.00 Total ...... 924.56 ...... 903.15 ...... 1,827.71 JOHN MC CAIN, Chairman, Committee on Commerce, Science, and Transportation, Oct. 3, 2000.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENERGY AND NATURAL RESOURCES FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

David Garman: Finland ...... Finmark ...... 4,349.40 659.00 ...... 5,565.55 ...... 4,349.40 6,224.55 Total ...... 659.00 ...... 5,565.00 ...... 6,224.55 FRANK H. MURKOWSKI, Chairman, Committee on Energy and Natural Resources, Sept. 30, 2000.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE FOR TRAVEL FROM JUNE 24 TO JULY 1, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Richard Chriss: Switzerland ...... Franc ...... 3,268.93 1,512.11 ...... 1,934.94 ...... 3,268.93 3,447.05 Total ...... 1,512.11 ...... 1,934.94 ...... 3,447.05 BILL ROTH, Chairman, Committee on Finance, Oct. 24, 2000.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Bill Frist: Kenya ...... Dollar ...... 987.00 ...... 987.00 Sudan ...... Dollar ...... 125.00 ...... 125.00 United States ...... Dollar ...... 8,331.94 ...... 8,331.94 Senator Robert Torricelli: Dominician Republic ...... Dollar ...... 162.00 ...... 162.00 United States ...... Dollar ...... 1,219.46 ...... 1,219.46 Stephen Biegun: Israel ...... Dollar ...... 1,402.00 ...... 1,402.00 Jordan ...... Dollar ...... 696.00 ...... 696.00 United States ...... Dollar ...... 4,337.80 ...... 4,337.80 Jonah Blank: Uzbekistan ...... Dollar ...... 1,332.00 ...... 1,332.00 Kazakhstan ...... Dollar ...... 313.00 ...... 313.00

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00066 Fmt 0686 Sfmt 8634 E:\BR00\S05DE0.002 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26327 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2000—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Kyrgyzstan ...... Dollar ...... 1,220.00 ...... 1,220.00 China ...... Dollar ...... 1,735.00 ...... 1,735.00 United States ...... Dollar ...... 7,001.00 ...... 7,001.00 Dominican Republic ...... Dollar ...... 575.00 ...... 575.00 United States ...... Dollar ...... 1,273.80 ...... 1,273.80 Robert Epplin: Thailand ...... Dollar ...... 696.00 ...... 696.00 Cambodia ...... Dollar ...... 230.00 ...... 230.00 Vietnam ...... Dollar ...... 802.00 ...... 802.00 Hong Kong ...... Dollar ...... 1,035.00 ...... 1,035.00 United States ...... Dollar ...... 4,140.22 ...... 4,140.22 Heather Flynn: Ethiopia ...... Dollar ...... 1,190.00 ...... 1,190.00 Kenya ...... Dollar ...... 1,200.00 ...... 1,200.00 Eritrea ...... Dollar ...... 800.00 ...... 800.00 United States ...... Dollar ...... 7,616.00 ...... 7,616.00 Garrett Grigsby: Zimbabwe ...... Dollar ...... 1,200.00 ...... 1,200.00 United States ...... Dollar ...... 8,871.80 ...... 8,871.80 Michael Haltzel: Lithuania ...... Dollar ...... 234.00 ...... 234.00 Latvia ...... Dollar ...... 269.00 ...... 269.00 Estonia ...... Dollar ...... 192.00 ...... 192.00 Norway ...... Dollar ...... 555.00 ...... 555.00 United States ...... Dollar ...... 5,535.00 ...... 5,535.00 Richard Houghton: Thailand ...... Dollar ...... 696.00 ...... 696.00 Cambodia ...... Dollar ...... 230.00 ...... 230.00 Vietnam ...... Dollar ...... 802.00 ...... 802.00 Hong Kong ...... 1,035.00 ...... 1,035.00 United States ...... 4,140.22 ...... 4,140.22 Frank Jannuzi: Uzbekistan ...... Dollar ...... 1,332.00 ...... 1,332.00 Kazakhstan ...... Dollar ...... 313.00 ...... 313.00 Kyrgyzstan ...... Dollar ...... 1,220.00 ...... 1,220.00 China ...... Dollar ...... 1,735.00 ...... 1,735.00 United States ...... Dollar ...... 7,001.00 ...... 7,001.00 James Jones: Belgium ...... Dollar ...... 498.00 ...... 498.00 United States ...... Dollar ...... 6,581.44 ...... 6,581.44 Kenya ...... Dollar ...... 1,477.00 ...... 1,477.00 Sudan ...... Dollar ...... 125.00 ...... 125.00 United States ...... Dollar ...... 6,700.67 ...... 6,700.67 Roger Noriega: Mexico ...... Dollar ...... 1,115.00 ...... 1,115.00 United States ...... Dollar ...... 469.00 ...... 469.00 Total ...... 27,528.00 ...... 73,219.35 ...... 100,747.35 JESSE HELMS, Chairman, Committee on Foreign Relations, Oct. 5, 2000.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON GOVERNMENTAL AFFAIRS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Mitchel Kugler: Kwajalein Marshall Islands ...... Dollar ...... 350.00 ...... 3,492.95 ...... 3,842.95 Senator Daniel Akaka: Cuba ...... Dollar ...... 197.00 ...... 197.00 Elise Bean: United Kingdom ...... Dollar ...... 736.00 ...... 2,678.79 ...... 3,414.79 Robert Roach: United Kingdom ...... Dollar ...... 867.46 ...... 2,678.79 ...... 3,546.25 Total ...... 2,150.46 ...... 8,850.53 ...... 11,000.99 FRED THOMPSON, Chairman, Committee on Governmental Affairs, Oct. 5, 2000.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), SELECT COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Richard Shelby: United States ...... Dollar ...... 2,754.53 ...... 2,754.53 Dollar ...... 5,791.93 ...... 7,083.67 ...... 12,875.60 United States ...... Dollar ...... 4,887.30 ...... 4,887.30 Dollar ...... 2,032.00 ...... 2,032.00 Kathy Casey: United States ...... Dollar ...... 2,754.53 ...... 2,754.53 Dollar ...... 5,791.93 ...... 5,791.93 Randy Bookout: United States ...... Dollar ...... 2,754.53 ...... 2,754.53 Dollar ...... 4,994.61 ...... 4,994.61 United States ...... Dollar ...... 489.00 ...... 489.00

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00067 Fmt 0686 Sfmt 8634 E:\BR00\S05DE0.002 S05DE0 26328 CONGRESSIONAL RECORD—SENATE December 5, 2000 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), SELECT COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2000—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Dollar ...... 498.00 ...... 498.00 Patricia McNerney: United States ...... Dollar ...... 5,376.09 ...... 5,376.09 Dollar ...... 1,105.00 ...... 1,105.00 James Barnett: United States ...... Dollar ...... 5,376.09 ...... 5,376.09 Dollar ...... 1,105.00 ...... 1,105.00 Linda Taylor: United States ...... Dollar ...... 5,485.80 ...... 5,485.80 Dollar ...... 1,580.00 ...... 1,580.00 Michele Lang: United States ...... Dollar ...... 6,013.60 ...... 6,013.60 Dollar ...... 2,431.00 ...... 2,431.00 Peter Dorn: United States ...... Dollar ...... 6,013.60 ...... 6,013.60 Dollar ...... 2,431.00 ...... 2,431.00 William Duhnke: United States ...... Dollar ...... 4,887.30 ...... 4,887.30 Dollar ...... 1,676.00 ...... 1,676.00 Senator Max Baucus ...... Dollar ...... 260.00 ...... 400.00 ...... 660.00 Senator Pat Roberts ...... Dollar ...... 400.00 ...... 400.00 Lorenzo Goco ...... Dollar ...... 360.00 ...... 360.00 Chad Tenpenny ...... Dollar ...... 400.00 ...... 400.00 Dan Geisler ...... Dollar ...... 400.00 ...... 400.00 Ira Wolf ...... Dollar ...... 400.00 ...... 400.00 Leroy Towns ...... Dollar ...... 400.00 ...... 400.00 Total ...... Dollar ...... 32,056.47 ...... 53,876.04 ...... 400.00 ...... 86,332.51 RICHARD SHELBY, Chairman, Select Committee on Intelligence, Oct. 10, 2000.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE JUDICIARY FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Maricia Lee: United States ...... 2,574.90 ...... 2,574.90 Holland ...... 671.29 ...... 671.29 Germany ...... 341.27 ...... 341.27 Jeffrey A. Taylor: United States ...... 5,814.90 ...... 5,814.90 Holland ...... 890.00 ...... 890.00 Germany ...... 348.00 ...... 348.00 Robert Coughlin: United States ...... 5,814.90 ...... 5,814.90 Holland ...... 1,066.00 ...... 1,066.00 Germany ...... 347.49 ...... 347.49 Leah Belaire: United States ...... 5,814.90 ...... 5,814.90 Holland ...... 1,066.00 ...... 1,066.00 Germany ...... 347.49 ...... 347.49 Total ...... 5,077.54 ...... 20,019.60 ...... 25,097.14 ORRIN HATCH, Chairman, Committee on the Judiciary, Oct. 30, 2000.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), OF CODEL GRASSLEY (SLOVENIA PORTION OF NATO PA DELEGATION TRIP), TRAVEL FROM MAY 30 TO JUNE 1, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Charles Grassley: Slovenia ...... Dollar ...... 430.00 ...... 430.00 Senator Mike Enzi: Slovenia ...... Dollar ...... 365.00 ...... 365.00 Senator George Voinovich: Slovenia ...... Dollar ...... 264.61 ...... 264.61 Ian Brzezinski: Slovenia ...... Dollar ...... 430.00 ...... 430.00 Kolan Davis: Slovenia ...... Dollar ...... 430.00 ...... 430.00 Julia Hart: Slovenia ...... Dollar ...... 430.00 ...... 430.00 Bob Nickel: Slovenia ...... Dollar ...... 177.00 ...... 177.00 Delegation Expenses 1 ...... 4,277.75 ...... 4,277.75 Total ...... 2,526.61 ...... 4,277.75 ...... 6,804.36 1 Delegation expenses include direct payments and reimbursements to the Department of Defense and the Department of State under authority of Section 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of Public Law 95–384, agreed to May 25, 1977. CHARLES GRASSLEY, Chairman, Committee on International Trade, Oct. 2, 2000.

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00068 Fmt 0686 Sfmt 8634 E:\BR00\S05DE0.002 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26329 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON NATIONAL SECURITY WORKING GROUP FOR TRAVEL FROM JULY 1, TO SEPT. 30, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Terri Glaze: United States ...... Dollar ...... 4,137.43 ...... 4,137.43 Switzerland ...... Franc ...... 724.00 ...... 724.00 Mitch Kugler: United States ...... Dollar ...... 4,137.43 ...... 4,137.43 Switzerland ...... Franc ...... 724.00 ...... 724.00 Dennis Ward: United States ...... Dollar ...... 4,137.43 ...... 4,137.43 Switzerland ...... Franc ...... 724.00 ...... 724.00 John Rood: United States ...... Dollar ...... 4,137.43 ...... 4,137.43 Switzerland ...... Franc ...... 724.00 ...... 724.00 Total ...... 2,896.00 ...... 16,549.72 ...... 19,445.72 TRENT LOTT, Majority Leader, October 20, 2000. TOM DASCHLE, Democratic Leader, October 20, 2000.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), TRAVEL AUTHORIZED BY MAJORITY LEADER FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Chris Williams: United States ...... Dollar ...... 4,337.80 ...... 4,337.80 Israel ...... Dollar ...... 2,804.00 ...... 2,804.00 Jordan ...... Dollar ...... 696.00 ...... 696.00 Total ...... 3,500.00 ...... 4,337.80 ...... 7,837.80 TRENT LOTT, Majority Leader, October 19, 2000.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), TRAVEL AUTHORIZED BY DEMOCRATIC LEADER FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Bob Kerry: Spain ...... Peseta ...... 200.00 ...... 200.00 Morocco ...... Dirham ...... 477.00 ...... 477.00 Senegal ...... Dollar ...... 100.00 ...... 100.00 Mali ...... Dollar ...... 100.00 ...... 100.00 Ghana ...... Dollar ...... 200.00 ...... 200.00 Congo ...... Dollar ...... 300.00 ...... 300.00 Angola ...... Dollar ...... 100.00 ...... 100.00 Zambia ...... Dollar ...... 200.00 ...... 200.00 South Africa ...... Dollar ...... 400.00 ...... 400.00 Uganda ...... Dollar ...... 300.00 ...... 300.00 Tunisia ...... Dollar ...... 100.00 ...... 100.00 Algeria ...... Dinar ...... 200.00 ...... 200.00 Portugal ...... Escudo ...... 200.00 ...... 200.00 Todd Stubbendieck: Spain ...... Pesetas ...... 200.00 ...... 200.00 Morocco ...... Dirham ...... 427.00 ...... 427.00 Senegal ...... Dollar ...... 100.00 ...... 100.00 Mali ...... Dollar ...... 100.00 ...... 100.00 Ghana ...... Dollar ...... 200.00 ...... 200.00 Congo ...... Dollar ...... 300.00 ...... 300.00 Angola ...... Dollar ...... 100.00 ...... 100.00 Zambia ...... Dollar ...... 200.00 ...... 200.00 South Africa ...... Dollar ...... 400.00 ...... 400.00 Uganda ...... Dollar ...... 300.00 ...... 300.00 Tunisia ...... Dinar ...... 100.00 ...... 100.00 Algeria ...... Dinar ...... 200.00 ...... 200.00 Portugal ...... Escudo ...... 200.00 ...... 200.00 Total ...... 5,704.00 ...... 5,704.00 TOM DASCHLE, Democtratic Leader, October 18, 2000.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), TRAVEL AUTHORIZED BY MAJORITY LEADER, TRAVEL FROM JULY 4 TO JULY 10, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator George Voinovich: 1 Romania ...... Leu ...... 1,279.40 ...... 1,279.40

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00069 Fmt 0686 Sfmt 8634 E:\BR00\S05DE0.002 S05DE0 26330 CONGRESSIONAL RECORD—SENATE December 5, 2000 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), TRAVEL AUTHORIZED BY MAJORITY LEADER, TRAVEL FROM JULY 4 TO JULY 10, 2000—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Croatia ...... Dollar ...... 136.32 ...... 136.32 Wayne Palmer: 1 Romania ...... Leu ...... 1,270.00 ...... 1,270.00 Croatia ...... Dollar ...... 136.32 ...... 136.32 Total ...... 2,822.04 ...... 2,822.04 1 Senator Voinovich and Mr. Palmer were members of the joint Senate/House delegation that traveled to Bucharest, Romania, July 4–10, 2000, for the Organization of Security and Cooperation in Europe. Please see House Speaker’s Con- solidated Report for the Helsinki Commission for information on delegation expenses. TRENT LOTT, Majority Leader, Oct. 24, 2000.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), TRAVEL AUTHORIZED BY DEMOCRATIC LEADER FOR TRAVEL FROM JULY 4 TO JULY 10, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Mary Landrieu: 1 Romania ...... Leu ...... 322.87 ...... 332.87 Kathleen Strottman: Romania ...... Leu ...... 792.27 ...... 2,664.18 ...... 3,456.45 Total ...... 1,125.14 ...... 2,664.18 ...... 3,789.32 1 Senator Landrieu was a member of the joint Senate/House delegation that traveled to Bucharest, Romania, July 4–10, 2000, for the Organization of Security and Cooperation in Europe. Please see the House Speaker’s report for the Helsinki Commission for information on delegation expenses. TOM DASCHLE, Democratic Leader, Oct. 23, 2000.

CODEL DASCHLE—AMENDED REPORT TO 1ST QUARTER 2000 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL FROM JAN. 6 TO JAN. 17, 2000

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Tom Daschle: Italy ...... Lire ...... 236.00 ...... 236.00 Bahrain ...... Dinar ...... 285.00 ...... 285.00 India ...... Rupee ...... 872.00 ...... 872.00 Nepal ...... Rupee ...... 236.00 ...... 236.00 Pakistan ...... Rupee ...... 412.00 ...... 412.00 Egypt ...... Pound ...... 327.00 ...... 327.00 Dollar ...... 2,666.12 ...... 2,666.12 Senator Christopher Dodd: Italy ...... Lire ...... 236.00 ...... 236.00 Bahrain ...... Dinar ...... 285.00 ...... 285.00 India ...... Rupee ...... 872.00 ...... 872.00 Nepal ...... Rupee ...... 236.00 ...... 236.00 Pakistan ...... Rupee ...... 412.00 ...... 412.00 Egypt ...... Pound ...... 327.00 ...... 327.00 Dollar ...... 2,607.10 ...... 2,607.10 Senator Harry Reid: Italy ...... Lire ...... 236.00 ...... 236.00 Bahrain ...... Dinar ...... 285.00 ...... 285.00 India ...... Rupee ...... 872.00 ...... 872.00 Nepal ...... Rupee ...... 236.00 ...... 236.00 Pakistan ...... Rupee ...... 412.00 ...... 412.00 Egypt ...... Pound ...... 327.00 ...... 327.00 Dollar ...... 2,661.12 ...... 2,661.12 Senator Daniel Akaka: Italy ...... Lire ...... 236.00 ...... 236.00 Bahrain ...... Dinar ...... 285.00 ...... 285.00 India ...... Rupee ...... 872.00 ...... 872.00 Nepal ...... Rupee ...... 236.00 ...... 236.00 Pakistan ...... Rupee ...... 412.00 ...... 412.00 Egypt ...... Pound ...... 327.00 ...... 327.00 Dollar ...... 2,666.12 ...... 2,666.12 Randy DeValk: Italy ...... Lire ...... 213.00 ...... 213.00 Bahrain ...... Dinar ...... 223.00 ...... 223.00 India ...... Rupee ...... 802.00 ...... 802.00 Nepal ...... Rupee ...... 176.00 ...... 176.00 Pakistan ...... Rupee ...... 311.00 ...... 311.00 Egypt ...... Pound ...... 273.00 ...... 273.00 Dollar ...... 1,857.24 ...... 1,857.24 Ranit Schmelzer: Italy ...... Lire ...... 213.00 ...... 213.00 Bahrain ...... Dinar ...... 234.00 ...... 234.00 India ...... Rupee ...... 802.00 ...... 802.00 Nepal ...... Rupee ...... 176.00 ...... 176.00 Pakistan ...... Rupee ...... 311.00 ...... 311.00 Egypt ...... Pound ...... 273.00 ...... 273.00 Dollar ...... 1,857.24 ...... 1,857.24 Sally Walsh: Italy ...... Lire ...... 236.00 ...... 236.00 Bahrain ...... Dinar ...... 285.00 ...... 285.00 India ...... Rupee ...... 772.00 ...... 772.00 Nepal ...... Rupee ...... 236.00 ...... 236.00 Pakistan ...... Rupee ...... 312.00 ...... 312.00

VerDate jul 14 2003 10:47 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00070 Fmt 0686 Sfmt 8634 E:\BR00\S05DE0.002 S05DE0 December 5, 2000 CONGRESSIONAL RECORD—SENATE 26331 CODEL DASCHLE—AMENDED REPORT TO 1ST QUARTER 2000 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL FROM JAN. 6 TO JAN. 17, 2000—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Egypt ...... Pound ...... 327.00 ...... 327.00 Dollar ...... 1,857.24 ...... 1,857.24 Delegation Expenses: 1 Italy ...... 1,329.58 ...... 1,329.58 Bahrain ...... 1,301.90 ...... 1,301.90 India ...... 8,697.64 ...... 8.697.64 Nepal ...... 2,395.83 ...... 2,395.83 Pakistan ...... 4,073.62 ...... 4,073.62 Egypt ...... 1,552.28 ...... 1,552.28 Total ...... 15,647.00 ...... 16,172.18 ...... 19,350.85 ...... 51,170.03 1 Delegation expenses include direct payments and reimbursements to the Department of State and the Department of Defense under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res. 179 agreed to May 25, 1977. TOM DASCHLE, h Democratic Leader, Oct. 26, 2000. ORDERS FOR WEDNESDAY, fore, Senators should be prepared for pursuant to Public Law 95–114, as DECEMBER 6, 2000 votes throughout the week. amended, announces the appointment Mr. ALLARD. Mr. President, I ask f of the following individuals to the Con- gressional Award Board: Galen J. unanimous consent that when the Sen- EXECUTIVE SESSION ate completes its business today, it re- Reser, of Connecticut, and Rex B. cess until the hour of 10 a.m. on Wackerle, of Virginia. Wednesday, December 6. I further ask EXECUTIVE CALENDAR The Chair, on behalf of the Demo- cratic leader, pursuant to Public Law consent that on Wednesday, imme- Mr. ALLARD. Mr. President, in exec- 105–341, announces the appointment of diately following the prayer, the Jour- utive session, I ask unanimous consent the following individual to the Wom- nal of proceedings be approved to date, that the following nominations be dis- en’s Progress Commemoration Com- the time for the two leaders be re- charged from the Foreign Relations mission: Ann F. Lewis, of Maryland, served for their use later in the day, Committee and, further, the Senate vice Joan Doran Hedrick, of Con- and the Senate then begin a period of proceed en bloc to their consideration: necticut. morning business until 11 a.m., with Jay T. Snyder and Larry Carp. I fur- Mr. REID. Mr. President, if the Sen- Senators speaking for up to 5 minutes ther ask unanimous consent that the ator will yield, based upon what has each, with the following exceptions: nominations be confirmed, the motion been outlined by the acting majority Senator HAGEL, 10 to 10:30 a.m.; Sen- to reconsider be laid upon the table, leader, it is very unlikely there will be ator DURBIN or his designee, 10:30 to 11 any statements relating to the nomina- any votes tomorrow. Will the Senator a.m. tions be printed in the RECORD, the agree? The PRESIDING OFFICER. Without President be immediately notified of Mr. ALLARD. We don’t expect votes, objection, it is so ordered. the Senate’s action, and the Senate but we simply can’t rule them out. then return to legislative session. f Mr. REID. I thank the Senator. The PRESIDING OFFICER. Is there PROGRAM objection? f Mr. ALLARD. For the information of Without objection, it is so ordered. RECESS UNTIL 10 A.M. TOMORROW all Senators, the Senate will be in a pe- The nominations considered and con- riod of morning business for 1 hour firmed en bloc are as follows: Mr. ALLARD. Mr. President, if there starting at 10 a.m. Following morning DEPARTMENT OF STATE is no further business to come before business, the Senate will resume Jay T. Snyder, of New York, to be a Rep- the Senate, I ask unanimous consent postcloture debate on the conference resentative of the United States of America that the Senate stand in recess under report to accompany the bankruptcy to the Fifty-fifth session of the General As- the previous order. legislation. Under the previous agree- sembly of the United Nations. There being no objection, the Senate, ment, a vote on final passage of the Larry Carp, of Missouri, to be an Alternate at 5:01 p.m., recessed until Wednesday, conference report will occur at 4 p.m. Representative of the United States of Amer- December 6, 2000, at 10 a.m. ica to the Fifty-fifth Session of the General on Thursday. Assembly of the United Nations. f I ask unanimous consent that fol- lowing the 4 p.m. vote on Thursday, f CONFIRMATIONS Senator ABRAHAM be recognized for up LEGISLATIVE SESSION Executive nominations confirmed by to 30 minutes as in morning business. The PRESIDING OFFICER. Under the Senate December 5, 2000: The PRESIDING OFFICER. Without the previous order, the Senate will now DEPARTMENT OF STATE objection, it is so ordered. return to legislative session. LARRY CARP, OF MISSOURI, TO BE AN ALTERNATE Mr. ALLARD. Negotiations are con- f REPRESENTATIVE OF THE UNITED STATES OF AMERICA tinuing on the remaining appropria- TO THE FIFTY-FIFTH SESSION OF THE GENERAL ASSEM- BLY OF THE UNITED NATIONS. tions bills. It is hoped that all conten- APPOINTMENTS JAY T. SNYDER, OF NEW YORK, TO BE A REPRESENTA- tious issues can be resolved as early as The PRESIDING OFFICER. The TIVE OF THE UNITED STATES OF AMERICA TO THE FIFTY-FIFTH SESSION OF THE GENERAL ASSEMBLY OF the close of business this week. There- Chair, on behalf of the majority leader, THE UNITED NATIONS.

VerDate Aug 04 2004 13:58 Jan 27, 2005 Jkt 029102 PO 00000 Frm 00071 Fmt 0686 Sfmt 9801 E:\BR00\S05DE0.002 S05DE0 26332 EXTENSIONS OF REMARKS December 5, 2000 EXTENSIONS OF REMARKS

IN HONOR OF DR. PATRICIA L. For more than 35 years, LeeRoy has quietly Florence, Italy. He went on to teach English, MCGEEHAN applied his keen intellect and loving heart to Speech, and Reading at Crenshaw High improving the lives of friends, neighbors and School in Los Angeles from 1975 to 1989. Mr. HON. ROBERT MENENDEZ strangers, while simultaneously overcoming Horton’s dedication to the Los Angeles com- OF NEW JERSEY the intolerance of less-enlightened minds. The munity has not been limited to the classroom; breadth of LeeRoy’s involvement and influ- IN THE HOUSE OF REPRESENTATIVES he has championed efforts to desegregate our ence on his community cannot be underesti- schools, establish an independent civilian po- Tuesday, December 5, 2000 mated or overvalued. In fact, a simple list of Mr. MENENDEZ. Mr. Speaker, I rise today the many civic, educational and labor organi- lice review board, and expand adult literacy to honor Dr. Patricia L. McGeehan for her ex- zations that have benefitted from his leader- programs. Eventually, Mr. Horton’s drive to im- ceptional contributions to the education of ship would take up several newspaper col- prove the quality of education for all children New Jersey’s children. For 30 years, she has umns. No work log or time sheet is large inspired him to run for elected office. provided for their educational needs as a enough to reflect his humanitarian commit- Jeff Horton was first elected to the Los An- teacher, principal, and superintendent. ment. geles Unified School District’s Board of Edu- Dr. McGeehan received her Bachelor’s De- His work on the Human Development Com- cation in 1991 and was reelected in 1995. Stu- gree in Economics from the College of Saint mission and the community action movement Elizabeth, and her Master’s Degree in Ele- has spanned four decades, beginning in 1965. dents in his district hailed from some of the mentary Education from Seton Hall University, LeeRoy has served as Commission Chairman most diverse urban areas of Los Angeles— where, in 1997, she went on to complete her for 31 of those years. He is also a board from Hollywood, Koreatown, Silver Lake and Doctorate in Education/Administration. member of the Michigan Community Action Echo Park to West Hollywood and the San As Principal of the Midtown Community Agency Association and is in the 40th year as Fernando Valley. School from 1992 to 2000, Dr. McGeehan an elected member of his township board. As a board member of the largest school helped develop the school’s curriculum, and Those who know LeeRoy have long praised district in California, Mr. Horton served as provided meaningful guidance and support to him for his quiet and thoughtful lead-by-exam- Chairman of the Board’s curriculum standards enhance every student’s educational experi- ple approach. His efforts have immeasurably ence. In 1995, she developed the Stevens In- enhanced many lives by feeding the hungry, for six years. He initiated the practice of pub- stitute Partnership to provide students with the sheltering the homeless, finding work for the licly recognizing schools for academic technological skills required to succeed in the jobless at a fair and just wage, easing the bur- achievement and attendance. In addition, Mr. new economy. den of the impaired and leveling the playing Horton was intimately involved in the develop- For her dedication, vision, and hard work, field for minorities and the disadvantaged. ment of district-wide learning standards for all Dr. McGeehan has received numerous Although LeeRoy, who resides in Millington, academic subjects. These learning standards awards, including the New Jersey Star School Michigan, has received many accolades for were adopted by the school district in June of Award, the National Blue Ribbon Award, the his volunteer work, he has never sought such 1996 and are currently under consideration by National Elementary School Principals Honor recognition. His wife, Billie, says he prefers the State of California. Council Excellence Award, and the New Jer- ‘‘the appreciation that someone shows him by sey Principals’ Harvard Project Case Writing a handshake, a smile, sending a note or tak- As a passionate advocate for Award. ing the time to say thank-you.’’ disenfranchised children, Mr. Horton actively Dr. McGeehan’s commitment to community I hope my colleagues will join me today in fought to protect the special needs of child does not stop at the end of the school day. publicly honoring LeeRoy Clark with the official abuse victims. During his tenure as a board She generously serves on the Board of Trust- gratitude of the United States House of Rep- member, he was instrumental in securing ees for the Bayonne Hospital, the St. Bar- resentatives for a lifetime of compassionate funds for the school district’s child abuse of- nabas Burn Center, and the Simpson-Baber endeavors that have earned the handshakes fice. In doing so, Mr. Horton made it possible Foundation for the Autistic. In her spare time, and appreciative smiles of an entire commu- for children with special needs to always have she participates in Ireland 32’s, the Friends of nity. a place to turn for safe and confidential assist- the Bayonne Community Orchestra, and the f ance. activities of the Holy Family Academy. Today, I ask my colleagues to join me in IN HONOR OF JEFF HORTON In 1999, Mr. Horton was appointed to the honoring Dr. Patricia L. McGeehan for her Los Angeles County Board of Education and hard work and dedication on behalf of our HON. XAVIER BECERRA currently serves as the President of the Cali- community, and for her extraordinary contribu- OF CALIFORNIA fornia School Board’s Association. As a board tions in the field of education. IN THE HOUSE OF REPRESENTATIVES member he has brought with him 30 years of f Tuesday, December 5, 2000 outstanding experience, educational commit- A TRIBUTE TO LEEROY CLARK Mr. BECERRA. Mr. Speaker, it is with ut- ment and compassion. Jeff Horton’s legacy is most pleasure and privilege that I rise today to one that we should all praise and celebrate. HON. JAMES A. BARCIA recognize Mr. Jeff Horton, a leader in edu- He is a living reminder to us of the powerful OF MICHIGAN cational reform and an outstanding educator changes one person can make in society. IN THE HOUSE OF REPRESENTATIVES from Los Angeles, California. His efforts on Mr. Speaker, along with family and friends behalf of the children of Los Angeles and the of Jeff Horton who gathered at the Westin Tuesday, December 5, 2000 State of California will be remembered and ap- Mr. BARCIA. Mr. Speaker, I rise today to preciated for generations to come. Hotel in Long Beach, California on Wednes- ask my colleagues to join me in praising the A native of California and graduate of La day, November 29, 2000 to celebrate 30 years work and life of Tuscola County Human Devel- Habra High School, Mr. Horton’s commitment of educational commitment and profes- opment Commission Chairman LeeRoy Clark to education began over 30 years ago. After sionalism, it is with great pride that I ask my upon the occasion of the dedication of the receiving his bachelor’s degree from Yale Uni- colleagues to join me today in saluting this ex- LeeRoy Clark Center to serve the everyday versity in 1970, Mr. Horton embarked on his ceptional man and good friend. needs of senior citizens. journey as an educator by teaching English in

● 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.

VerDate jul 14 2003 10:50 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR00\E05DE0.000 E05DE0 December 5, 2000 EXTENSIONS OF REMARKS 26333 PNTR HAS PASSED, BUT WHERE IS Thousands of Muslim Uighurs are impris- IN HONOR OF RAFAEL TORO, THE THE FREEDOM IN CHINA? oned because of their faith. PUERTO RICAN ASSOCIATION’S PNTR has passed, but where is freedom for MAN OF THE YEAR HON. FRANK R. WOLF the Muslim Uighurs? PNTR has passed, but religious persecution OF VIRGINIA HON. ROBERT MENENDEZ continues unabated in China to this day, over IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY two months after passage. Tuesday, December 5, 2000 PNTR has passed, but a November 7 Brit- IN THE HOUSE OF REPRESENTATIVES Mr. WOLF. Mr. Speaker, ‘‘Protestant dies in ish Broadcasting Company (BBC) report says Tuesday, December 5, 2000 Chinese jail’’ was the headline of a recent arti- that the Chinese government is clamping Mr. MENENDEZ. Mr. Speaker, I rise today cle in the Washington Times. According to the down on the freedom of the Internet by assert- to honor Rafael Toro on being recognized by article, a Chinese protestant man was arrested ing that websites that host chatrooms ‘‘will be the Puerto Rican Association as the Out- on September 4 while worshiping at an under- held responsible for ensuring that users do not standing Community Leader of the Year. ground church service then later died after post messages that could be interpreted by Rafael Toro, whose parents immigrated being beaten and denied medical care while in the government as ‘illegal.’ ’’ The BBC report from Puerto Rico, is a native of New York prison. Liu Haitong was his name. He is one says that the new rules also require ‘‘websites City. He graduated from Northeastern Univer- person who will never reap the so-called ‘‘re- not run by state media to seek approval from sity with a Bachelor’s Degree in Communica- wards’’ of the United States giving China per- the Information Office of the State Council, or tions and from Cambridge College with a Mas- manent normal trade relations (PNTR). cabinet, before they may publish news’’ and ter’s Degree in Education. It has been several months now since the that ‘‘to publish news from foreign sources, Shortly after graduation, Mr. Toro was se- House and Senate passed legislation giving websites must seek special permission.’’ lected to serve as the Special Assistant to the PNTR has passed, but the United States is PNTR to China and the president signed it Mayor of Boston, the Honorable Kevin White, routinely portrayed as Enemy No. 1 by the into law. During the debate, we heard the ar- where he led the Mayor’s Hispanic Advisory Chinese military. According to an article in the guments that PNTR will bring changes to November 15 Washington Post, the Chinese Board in a coordinated effort with local organi- China, that PNTR would open China, improve military is openly grappling with the likelihood zations to empower Boston’s Hispanic com- human rights, and reduce the national security that the United States and China could go to munity. For his work with the Advisory Board, threat that China poses to the U.S. However, war, quoting Liu Jiangjia, an officer in the Peo- Mr. Toro received the Certificate of Excellence while the signing ceremonies have taken place ple’s Liberation Army, as saying ‘‘a new arms for Outstanding Contribution to the Hispanic and the parties celebrating its passage have race has started to develop * * * war is not Community from Governor Michael Dukakis occurred, people like Liu Haitong continue to far from us now.’’ and an award for outstanding achievement be persecuted, imprisoned, and in some cases PNTR has passed, but there are numerous from Senator EDWARD KENNEDY. killed, because of their faith. reports about China’s increased presence and In 1985, Rafael Toro was hired as the Di- Many Members said that they voted in favor role in Africa. The Chinese National Petroleum rector of Public Relations for Goya Foods, of PNTR because they thought it would bring Company’s multibillion dollar investment and Inc., the Nation’s largest Hispanic-owned com- about positive change in China’s horrible operations in the newly exploited oilfields in pany, to oversee public affairs, media rela- human rights record, and that giving China Sudan are very troubling. The Khartoum re- tions, community activities, cultural programs, PNTR would ultimately increase U.S. national gime has one of the worst human rights and corporate contributions. In addition, he su- security. record on the planet. And yet, the pumping of pervises all Goya-sponsored special events, According to the Cardinal Kung Foundation, oil that is now occurring because of China’s parades, and festivals. Mr. Toro has been in- at least 13 underground Roman Catholic help is providing the Sudanese government strumental in implementing several community bishops are locked away in Chinese jails, with unprecedented revenue to conduct what and cultural activities, including the United under house arrest, in prison through labor many have described as genocide against the Negro College Fund Annual Telethon, a Goya- camps, under strict surveillance, or in hiding southern Sudanese population. sponsored, multi-city concert tour, and Goya’s because of their faith. At least 12 Roman It is clear to me that mere passage of PNTR sponsorshp of Picasso at the Metropolitan Mu- Catholic priests are in prison as are numerous is not enough to bring about positive change seum of Art. other laity, many of whose whereabouts are in China. In fact, in my opinion, PNTR has In 1993, Mr. Toro was awarded the pres- unknown. PNTR has passed, but where is passed, but there is only business as usual in tigious Roy Wilkins Humanitarian Award from freedom for these people of faith? Beijing. There are many people in China who the NAACP. On the cusp of the vote on PNTR in the have not benefited from passage of PNTR and Today, I ask that my colleagues join me in Senate on September 14, the Chinese govern- who may never benefit, unless those Members honoring Rafael Toro for his contributions to ment re-imprisoned Roman Catholic Bishop who voted for PNTR speak out on behalf of the Hispanic community. Zeng Jingmu, Bishop Zeng has spent much of human rights in China. f the past 30 years in Chinese prisons and pris- With permanent normal trade relations now on labor camps because of his faith. Imagine in place, Congress will no longer annually re- A TRIBUTE TO DON AND MARY having to perform forced labor and having to view trade with China. That makes it even AUNE spend most of your life in prison because of more vital that Members be more vocal and your faith. assertive in speaking out about human rights HON. JAMES A. BARCIA PNTR has passed, but where is freedom for abuses in China, and about the national secu- OF MICHIGAN Bishop Zeng? rity concerns that continue to develop regard- IN THE HOUSE OF REPRESENTATIVES Practitioners of Falun Gong continue to be ing Beijing. Tuesday, December 5, 2000 persecuted, beaten, and imprisoned because Those Members who vocally opposed of their beliefs. PNTR must continue to speak out as well. But Mr. BARCIA. Mr. Speaker, I rise today to PNTR has passed, but where is freedom for it is even more important for Members who ask my colleagues to join me in honoring Don the Falun Gong? supported PNTR to speak out as their voice, and Mary Aune of Oscoda, Michigan, as their The Chinese government is pillaging Tibet. as a supporter of this legislation, may be more fellow citizens prepare to recognize their con- Thousands of Tibetan Buddhist monks, nuns, powerful and persuasive with the regime in tributions to the health and welfare of the and believers are in Chinese prisons because China. And bringing about change in China is Aune Medical Center. of their faith. what needs to happen now. Don and Mary have earned the appreciation PNTR has passed, but where is freedom for I urge all those Members who voted for of all Oscoda area residents by devoting their the people of Tibet? PNTR to challenge the regime in Beijing. tremendous talents, time and energy to the re- There are hundreds of Protestant House Speak out because the people who are suf- development of health services at the site of Church leaders in prison and prison through fering, who are imprisoned, or who are serving the former Paul B. Wurtsmith Air Force Base labor camps because of their faith. PNTR has brutal prison through labor sentences need the Hospital. When the closure of the base in passed, but where is freedom for the Protes- concerted voice of Congress to bring about June 1993 left a void in medical services in tants house church? real and positive change in China. the community for civilians and many retired

VerDate jul 14 2003 10:50 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR00\E05DE0.000 E05DE0 26334 EXTENSIONS OF REMARKS December 5, 2000 military members living nearby, the Aunes the Nevada credit union movement for over 14 covered and returned to work. It is certain that worked with dogged determination to ensure years and I am glad to see him receive this Belinda’s exceptional generosity has changed that patients’ needs would be filled. national recognition. the lives of Pete and his family forever. At the time, Don was a newly elected mem- For the last decade, Brad has served as the For her service to the community of Perth ber of the Oscoda Township Board of Trust- President and CEO of the Nevada Federal ees and was named Vice President of the Credit Union, which has over $550 million in Amboy as well as her unparalleled show of non-profit corporation created to address the assets in 17 branches throughout Nevada. In compassion and selflessness, I ask my col- critical medical care shortage faced by the this role, Brad has been a leader for over 250 leagues to join me in praising Belinda Cuevas community. Don soon became Chairman of employees at Nevada FCU, and a leader for as a truly extraordinary member of the com- the Board of Directors and has spent the past the credit union community, both in Nevada munity. seven years in that role. and at the national level. During my time in With Mary’s enthusiastic support, Don wield- Congress, he has kept me fully informed f ed the gavel with his usual firm and steady about the issues of concern to the 77,000 hand, shaping the cornerstone for a facility members of Nevada FCU and credit unions A TRIBUTE TO GERRY HERP that will serve the needs of friends, neighbors everywhere. Brad has always been sure to and strangers for years to come. They led the take the time to meet with me when he is in effort to quickly turn a fledgling medical facility Washington, D.C. or when I am in the District, HON. JAMES A. BARCIA into a strong and vibrant operation that now to keep me and my staff updated. OF MICHIGAN provides more than 7,000 patients from the His election to the NAFCU board culminates surrounding community with a host of services a long career in the credit union industry. IN THE HOUSE OF REPRESENTATIVES NAFCU is the national trade association that from family practice and pediatrics to women’s Tuesday, December 5, 2000 health and radiology. represents federal credit unions and ensures The Aunes worked untold hours to create that their voice is heard in Washington. I con- Mr. BARCIA. Mr. Speaker, I rise in this an outstanding health center to provide a wide gratulate my friend Brad Beal on his recent chamber today to honor Gerry Herp on the oc- variety of services in a local setting, ensuring election to the NAFCU Board and look forward casion of his retirement. At the end of the sea- that many elderly and physically impaired pa- to continuing to work with him and America’s son, Gerry Herp will retire as Head Football tients will receive needed care without trav- credit unions. I know Brad will be an out- Coach of Ubly Community High School in eling long distances. Don’s leadership, cou- standing voice for credit unions everywhere. Ubly, Michigan. He is truly one of the greatest pled with Mary’s behind-the-scenes efforts, f was the key to opening this long-awaited and contributors to Michigan athletics in the past greatly needed facility. They deserve our grati- IN HONOR OF BELINDA CUEVAS, fifty years and he will be sorely missed. WHO IS BEING HONORED AS ‘‘AN tude. In a career beginning in 1963 and spanning OUTSTANDING HUMAN BEING’’ I hope my colleagues will join me today in five decades, this legend of the gridiron con- paying tribute to Don and Mary Aune for their BY THE PUERTO RICAN ASSOCIA- TION sistently pushed his team to excellence both endeavors on behalf of the entire community. on and off the football field. On the field, The Aune Medical Center stands as a monu- Coach Herp led the Ubly Bearcats to an im- ment to their enterprise and diligence. HON. ROBERT MENENDEZ pressive lifetime record of 140 wins, 106 OF NEW JERSEY f losses and two ties. Under his tutelage, the IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION Bearcats have won nine league champion- Tuesday, December 5, 2000 ships and garnered two play-off appearances HON. XAVIER BECERRA Mr. MENENDEZ. Mr. Speaker, I rise today since 1983, a record of success which earned OF CALIFORNIA to honor Belinda Cuevas of Perth Amboy, him regional Coach of the Year honors on two New Jersey for being recognized by the Puer- IN THE HOUSE OF REPRESENTATIVES occasions. to Rican Association for Human Development But beyond the yardage gained, the points Tuesday, December 5, 2000 as ‘‘an outstanding community member’’ and scored and the championships won, the true Mr. BECERRA. Mr. Speaker, on November ‘‘an outstanding human being.’’ 2, 3, 13, and 14, as well as December 4, Born and raised in Perth Amboy, she has and lasting impact of Coach Herp’s commit- 2000, I was detained with business in my Dis- demonstrated a continued commitment to her ment to his team and the young people of his trict, and therefore unable to cast my votes on community through her work with the local community can be measured by the impact he rollcall numbers 592 through 599. Had I been school and church. She has served as Presi- had on the hearts and minds of those he present for the votes, I would have voted dent of the Parent Teachers Organization at coached. During his career, Gerry not only ‘‘yea’’ on rollcall votes 592, 593, 594, 597, 598 the EJ Patten School, and has served as a coached football, baseball and women’s soft- and 599; and ‘‘nay’’ on rollcall votes 595 and catechist and member of the choir at La Asun- ball, he also volunteered much of his time to 596. cion Church for a number of years. helping disadvantaged youth involved in the f In her devotion to the community, Belinda Babe Ruth program, endeavors which en- strives to live up to the inspirational example IN RECOGNITION OF BRADLEY W. deared him to his community and earned him of her late grandmother Balbina DeJesus Her- Ubly’s 1999 Friend of Youth honors. BEAL, NEWLY ELECTED DIREC- nandez. The mother of four, Belinda knows TOR ON THE BOARD OF THE NA- the importance of setting a good example for Of course, his many successes could not TIONAL ASSOCIATION OF FED- her children, Ava Ivis, Gabriela, Alexander, have been accomplished without the loving ERAL CREDIT UNIONS and Emily Janet. She does her best to teach support of his wife. Elrae, and their four them the importance of service to the commu- daughters, Amy, Betsy, Rachel and Jeralyn HON. SHELLEY BERKLEY nity and love for one’s neighbors. and stepdaughter, Lori Flippin. OF NEVADA Recently, Belinda performed an extraor- When Gerry Herp officially steps down as dinary act of kindness when she donated one IN THE HOUSE OF REPRESENTATIVES Head Football Coach of Ubly Community High of her kidneys to save the life of a fellow Perth School at the end of this season, he deserves Tuesday, December 5, 2000 Amboy resident, Pedro ‘‘Pete’’ A. Roman. Ms. BERKLEY. Mr. Speaker, today I would When she learned that he suffered from renal a place of honor among those who strive to like to recognize my friend Brad Beal, the failure, she demonstrated remarkable kindness ensure the physical health and mental well- President and CEO of the Nevada Federal and selflessness by volunteering to be tested being of our youth through athletic programs. Credit Union, headquartered in my district in as a donor, and eventually donating her kid- On this day, Mr. Speaker, I urge my col- Las Vegas, for his recent election to the board ney. Pete received this gift of life on July 13, leagues to join me in congratulating Gerry on of the National Association of Federal Credit 2000 at the Albert Einstein Medical Center in his many victories and wish him well as he Unions (NAFCU). Brad has been a leader in Philadelphia, and both patients have since re- cheers on the Bearcats from the stands.

VerDate jul 14 2003 10:50 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR00\E05DE0.000 E05DE0 December 5, 2000 EXTENSIONS OF REMARKS 26335 H.R. 5621 MEDICAID ity to provide needed health care services to The North Ward Center provides edu- DISPROPORTIONATE SHARE (DSH) Illinois citizens. cational, cultural, and social programs to im- The legislation, which I have introduced with prove the quality of life for thousands of Essex HON. BOBBY L. RUSH my colleague in the Senate, is designed to in- County residents. Each year, the Center pays OF ILLINOIS crease the Medicaid Disproportionate Share tribute to the life of the late Monsignor Baroni, IN THE HOUSE OF REPRESENTATIVES payments to all states and encourage states a man whose dedication to the less fortunate to use the DSH program as it was intended— was an integral force behind the Center’s de- Tuesday, December 5, 2000 to fund uncompensated health care. By in- velopment and success. The Center honors Mr. RUSH. Mr. Speaker, on November 1, creasing the Medicaid DSH payments, we are the Monsignor by recognizing a community 2000 I introduced H.R. 5621, the Medicaid acknowledging the burden placed on hospitals leader, who best exemplifies the life, spirit, Disproportionate Share Hospital (DSH) Fair- that treat a large number of Medicaid and un- and commitment of this inspirational man. ness Act of 2000. This legislation is identical insured patients by the Balanced Budget Act Mr. Bonavolonta was chosen as the hon- to a bill which was introduced last month by and the proposed HCFA regulations. oree this year based on his service to the the senior Senator from Illinois, with the full Enactment of H.R. 5621 would allow Illinois, country in the military, his contributions to the support of the Administration. and all of the states, to continue to make in- fight against crime, and his rise to success in In 1997, Congress enacted the Balanced roads towards ensuring that an extensive the business world. Budget Act (BBA) of 1997 (P.L. 105–33). The safety net of hospitals and health care pro- A native of Newark, New Jersey, Mr. stated intent of the legislation was to slow the viders exist to provide care to the most vulner- Bonavolonta grew up in the Essex County rate of growth in the Medicare program Unfor- able groups of society. Parish of Sacred Heart Cathedral. He is the tunately, the reductions enacted through the I urge my colleagues to join me in support son of Italian immigrant Ralph Bonavolonta BBA went much deeper than expected. As a H.R. 5621, and if this Congress fails to act on and American-born Mary Bonavolonta. He at- result, the net and cumulative effects of the this legislation, I hope my colleagues will join tended St. Benedict’s Prep and received his Act have severely reduced Medicare reim- me in making it a priority in the 107th Con- Bachelor’s and his Master’s Degree in Public bursements to hospitals and health service gress. Administration from Seton Hall University in providers. f 1975. During more than six years of service I opposed the Balanced Budget Act when it as a Green Beret in the U.S. Special Forces HONORING BERT HAGGERTY was debated by the House of Representatives during the Vietnam War, Mr. Bonavolonta re- in 1997. I believed that it was a bad policy turned to the U.S. a highly decorated veteran. then, and believe that it is a bad policy now. HON. CAROLYN McCARTHY He was awarded the Silver Star, Bronze Star The BBA reductions have been particularly OF NEW YORK with ‘‘V’’ for Valor (1st Oak Leaf Cluster), Pur- severe on hospitals in Illinois. In my district, IN THE HOUSE OF REPRESENTATIVES ple Heart, Air Medal (1st Oak Leaf Cluster), which encompasses the south and west sides Tuesday, December 5, 2000 and the Vietnamese Cross of Gallantry. of the city of Chicago, there are eleven major Mrs. MCCARTHY of New York. Mr. Speak- Upon Mr. Bonavolonta’s return, he began hospital facilities which have been devastated er, today I honor the hard work, dedication, his 23-year career of exceptional and dedi- by BBA reductions. Multiply the losses across and stewardship Bert Haggerty has given cated service to the Federal Bureau of Inves- the state, and the impact on services is stag- Long Islanders, New Yorkers, and Americans tigation. In this capacity, he spearheaded the gering. In the First Session of the current Con- as the Small Business Administration’s (SBA) efforts to combat organized crime in this coun- gress, I introduced the Health Care Preserva- Long Island Branch Office Manager. try. As Chief of the Organized Crime and Nar- tion and Accessibility Act of 1999, H.R. 3145, Bert Haggerty grew up in Woodside, NY, cotics Division of the FBI’s New York City Of- to provide relief to hospitals, community health graduated from St. Ann’s Academy and fice, he was instrumental in securing the in- centers, and skilled nursing facilities harmed earned a bachelor of business administration dictments and convictions that made the by the excessive reductions of the Balanced degree from St. John’s University. He first 1980’s the FBI’s most successful decade in Budget Act. Although my legislation was not worked for Touche Niven and then Olivetti the battle against organized crime. enacted, the intent of many of its provisions Corporation where he enjoyed a successful Mr. Bonavolonta now serves as Vice Chair- were included in the Medicare Balanced Budg- 30-year career. man of MBNA America Bank, N.A. He and his et Refinement Act of 1999 (P.L. 106–113). Afterward, he joined the U.S. Government in wife Linda have been married for 32 years. That legislation helped relieve some of the fi- 1984 as district director of the Small Business They have two children, Maria and Joseph. nancial strain placed on hospitals and health Administration and became Assistant to the For his many accomplishments and for his providers. However, while hospitals and health Regional Administrator for New York’s regional service to the country, I ask that my col- care providers still struggle under the eco- office. In 1994, he was appointed manager of leagues join me in congratulating Mr. nomic pressures imposed the BBA reductions, the SBA’s Long Island office and under his Bonavolonta, a very deserving recipient of this a new series of proposed reductions threaten stewardship has become a driving force in year’s Monsignor Geno Baroni Award. financial solvency. Long Island’s economic scene. f In May of this year, the Health Care Financ- Throughout his tenure as manager, he tri- ing Administration (HCFA) issued a notice to FAREWELL SALUTE TO WILLIAM pled the number of loans to Long Island’s ‘‘BILL’’ CLAY state Medicaid directors advising of its intent small businesses and significantly increased to revise the Medicaid funding formula known the amount of capital available to nearly $1 as Intergovernmental Transfers (IGT). This billion. HON. MAJOR R. OWENS proposed rule would slash an additional $375 Bert Haggerty will be missed by the Long Is- OF NEW YORK million a year in Medicaid funding for Illinois— land community. I wish him and his family a IN THE HOUSE OF REPRESENTATIVES a state in which the healthcare system is al- fruitful and enjoyable retirement. ready devastated by the effects of the Bal- Tuesday, December 5, 2000 anced Budget Act—and further endanger crit- f Mr. OWENS. Mr. Speaker, there are no new ical health services for children, senior citizens IN HONOR OF JULES J. and original accolades that I can add to the and the poor. BONAVOLONTA many phrases of praise already accorded our Both the state of Illinois and Cook County retiring Member, WILLIAM ‘‘BILL’’ CLAY. When have diligently and constructively used the IGT HON. ROBERT MENENDEZ he arrived during the age of the afro haircut, funding to enhance the health care system, OF NEW JERSEY BILL CLAY had a chest full of invisible medals especially for low-income, uninsured and IN THE HOUSE OF REPRESENTATIVES from the Movement. He helped to guide the under insured Chicagoans, over the last 10 years of maximum Congressional Black Cau- years. Although under the Health Care Financ- Tuesday, December 5, 2000 cus solidarity, the time of CLAY, Dellums, CON- ing Administration’s Notice of Proposed Rule- Mr. MENENDEZ. Mr. Speaker, I rise today YERS, Stokes and RANGEL. Those were the making, the IGT program changes would be to recognize the accomplishments of Jules J. days when CBC Members were wise enough phased-in over a 5 year period, the proposed Bonavolonta, this year’s recipient of the North not to scramble single handedly for their com- change would severely cripple the State’s abil- Ward Center’s Monsignor Geno Baroni Award. mittee assignment deals. In unison, the Black

VerDate jul 14 2003 10:50 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR00\E05DE0.000 E05DE0 26336 EXTENSIONS OF REMARKS December 5, 2000 representatives demanded placements for the COMMENDING THE FREMONT PO- honor Mr. Mastoras at the 65th Anniversary of good of their local and their Black national LICE DEPARTMENT FOR OUT- Evangelismos Tis Theotokou. The parish has constituency. Leadership was forced to seat STANDING PUBLIC SERVICE chosen to commemorate the event with a spe- Peacenick Dellums on the Armed Services cial presentation entitled ‘‘Remembering Our Committee where the good old boys refused HON. FORTNEY PETE STARK Past . . . Looking to Our Future.’’ Born and raised in Kavala, Mr. Mastoras to give the brother a chair at the table to sit OF CALIFORNIA moved to Thessaloniki with his mother soon LAY and his conspirators IN THE HOUSE OF REPRESENTATIVES down. The radical C after his high school graduation to attend Aris- went on the propose the first CBC Dinner Tuesday, December 5, 2000 totle University. Before graduating from the against the wishes of prominent White liberal Mr. STARK. Mr. Speaker, I rise today to Department of Economics, he met fellow stu- allies. Further into the reign of CLAY, the Vot- commend the Fremont Police Department for dent Stavroula Papadopolou, whom he mar- ing Rights Act became a reality; and still later receiving the 2000 Community Policing Award ried in 1980. Mr. Mastoras moved to New sanctions were imposed on South Africa. And for highly populated cities awarded by the York to further his education in 1976, earning the proposal for a Martin Luther King Holiday International Association of Chiefs of Police a Bachelor’s Degree from Queens College which started as an impossible dream finally and ITT Industries Night Vision. and an MBA in International Marketing from concluded as a magnificent monument to the The Fremont Police Department was one of St. John’s University. forward movement of race relations in Amer- five winners out of over 100 entries from com- As the Director of Marketing for Krinos Foods, Inc., Mr. Mastoras had the opportunity ica. At this point, Mr. Speaker, I wish to asso- munities and agencies across the United to learn the grocery business and to work ciate myself with the numerous other tributes States and Canada. The city of Fremont and Fremont Police Department have shown a closely with the Greek community. In 1982, that have already been recorded for our strong commitment to crime prevention that Mr. and Mrs. Mastoras founded their own former Postal and Civil Service Committee should be used as a shining example for other company, Titan Food, Inc., dedicated to Greek chairman, and the ranking Democrat on Edu- communities across America. Currently, Fre- food and culture. Today, Titan Foods has be- cation and the Workforce. Congressman CLAY mont has shown its strong commitment to come the largest Greek food store in the is one of the last of the CBC original pioneers. crime prevention by making sure that there United States, attracting the attention of the It is important to note that with the recent elec- are enough police officers to respond to the national media. tion of William ‘‘Lacy’’ Clay, his son, the Clay issues of crime prevention in the city. Fremont Blessed with three daughters, both Mr. and genes will fortunately be remaining in Con- has a staffing ratio of one officer per 1,000 Mrs. Mastoras are active members of the gress. The following Rap Poem is my final sa- residents, much better than the State and na- Greek-American community and the Financial Committee of the Education of Hellenic Soci- lute to the gentleman from Missouri who now tional averages. In a nationally published eties, and are involved in the PTA of St. we draft into our ‘‘Corps of National American study, Fremont had the 8th lowest population to officer ratios of the Nation’s 289 largest po- Demetrios Schools. Statesmen’’, WILLIAM ‘‘BILL’’ CLAY. lice forces. This low ratio has been maintained Today, I ask my colleagues to join me in BILL CLAY: THE ST. LOUIS CHOICE even though Fremont has experienced a large recognizing Kostas Mastoras for his many growth in population. years of dedicated service to the Greek com- (By Congressman Major R. Owens) This low staffing provides the Fremont Po- munity. Now is the time lice Department the manpower to carry out in- f To lift high every voice, novative approaches to law enforcement. For CENTRAL NEW JERSEY RECOG- Join us to celebrate instance, Fremont as part of their increased NIZES LESLIE DAVIS POTTER Achievements of the St. Louis Choice. use of Community Policing techniques has en- Go ahead and loudly sing, FOR HER SERVICE TO OUR COM- couraged leadership building in the neighbor- Let fading memories MUNITY Rise and sting; hoods. This strategy encourages a stronger This St. Louis militant partnership between the community and the Earned progress police department in preventing crime. HON. RUSH D. HOLT The old fashioned way- Again, I want to extend the highest com- OF NEW JERSEY He jumped in the man’s face mendation and congratulations to the Fremont IN THE HOUSE OF REPRESENTATIVES To save the day. Police Department for its outstanding service Tuesday, December 5, 2000 Pushing straight ahead, to its community. Mr. HOLT. Mr. Speaker, I rise today in rec- to mad to be afraid, f Nobody forgets ognition of Leslie Davis Potter and her ongo- The trouble he made, PERSONAL EXPLANATION ing dedication to serving the growing needs of Every cent of dues daily he paid, central New Jersey families. I applaud the Republicans regret HON. ALLEN BOYD achievements she has made working to ad- That for so long he stayed. dress the family planning, educational, and OF FLORIDA Indiana’s Bob McCloskey outreach needs of our community. IN THE HOUSE OF REPRESENTATIVES Faxed Democrats an urgent note: For over 65 years, Planned Parenthood As- Fly Bill Clay to Florida- Tuesday, December 5, 2000 sociation of the Mercer Area (PPAMA) has Let the Master recount that vote. Mr. BOYD. Mr. Speaker, I was unavoidably been providing high quality reproductive health Wrong predictions of the past delayed on rollcall votes 598 and 599. Had I care, education and support to women and Said the CBC wouldn’t last; families throughout Mercer County. Since its Now forecasters ask been present, I would have voted ‘‘yea’’ on modest beginnings in a tiny three-room clinic, Who’ll lead the new struggle, both 598 and 599. What’s the future all about? f PPAMA has evolved into a full-service agency St. Louis responded: with four centers that provide a comprehen- IN RECOGNITION OF KOSTAS The let another load sive range of reproductive health services and of Bill Clay genes out. MASTORAS educational programs to the community. Now is the time Leslie Potter has served central New Jersey To lift every voice, HON. ROBERT MENENDEZ families as the Executive Director of PPAMA Join us to celebrate OF NEW JERSEY for seventeen years. Throughout her tenure, Achievements of the St. Louis Choice. IN THE HOUSE OF REPRESENTATIVES Leslie Potter has worked to increase access to reproductive health services for low-income Tuesday, December 5, 2000 women, to ensure the reproductive rights of all Mr. MENENDEZ. Mr. Speaker, I rise today women and address the growing needs of to recognize Kostas Mastoras for his out- Mercer County’s Latina population with afford- standing contributions to the Greek commu- able bilingual/bicultural health care. It was nity. The Greek Orthodox community will under Leslie Potter’s direction that the 65-

VerDate jul 14 2003 10:50 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR00\E05DE0.000 E05DE0 December 5, 2000 EXTENSIONS OF REMARKS 26337 year-old chapter became a certified addressing their concerns. It was this commit- ter focus of the treatment programs that serve HealthStart prenatal care provider. ment to open and honest communication that young people, when she said that, ‘‘few seek Successfully directing such an active health won him national acknowledgment as ‘‘CEO help, and those who do often receive treat- care organization requires great managerial Outstanding Communicator of the Year’’ in ment that is inappropriate. Many treatment ability, as well as considerable skills to enlist 1998, awarded by the Cooperative Commu- programs are designed for adults and are ill- and motivate thousands of volunteers and nicators Association. equipped to meet the needs of adolescents.’’ supporters who make a community-based or- Mr. Speaker, it is a great honor for me to Although abstinence from illicit drug use is ganization like PPAMA possible. Leslie Potter pay tribute to my friend, Walt Payne, a truly the central goal of all drug abuse treatment, has shown that ability and skill to an extraor- outstanding member of our community. As researchers and program staff involved with dinary degree. She has also shown great polit- CEO, he fostered an atmosphere based on adult treatment commonly accept reductions in ical skill as a public speaker for women’s teamwork, open communication and produc- drug use and criminal behavior as realistic health and women’s rights. tivity at all levels. As a testament to his suc- goals. Surprisingly, we are now advised by the Before taking the helm at PPAMA Leslie cess, Payne’s first crop as a young marketer National Institute on Drug Abuse that ‘‘a good spent five years as the Director of Planning for at Blue Diamond totaled 145 million pounds. treatment outcome may be a sizable decrease Central New York Health Systems Agency. It His last crop set a state record at 830 million in drug use and long periods of abstinence.’’ was here that she worked to establish family pounds. I ask all of my colleagues to join with Our Nation’s policy goal regarding drugs is planning and primary health care centers me in celebrating the accomplishments of an the creation of a drug-free America. Specifi- throughout upstate New York. extraordinary leader and wish him all the best cally, in the Anti-Drug Abuse Act of 1988, drug Once again, I applaud the efforts of Leslie as he begins a new phase in his life. abuse is to be curbed by preventing youth Davis Potter and ask all my colleagues to join f from using illegal drugs, reducing the number me in recognizing her steadfast commitment of users, and decreasing drug availability. to serving our community. HOUSE CONCURRENT RESOLUTION Let us hold this vision of a drug-free Amer- 371 f ica and hold ourselves to this standard. Any- thing less is a disservice to ourselves, to the HONORING WALTER F. PAYNE HON. MATT SALMON adults who currently use drugs and, most cer- OF ARIZONA tainly, to our most precious resource—Amer- HON. ROBERT T. MATSUI IN THE HOUSE OF REPRESENTATIVES ica’s youth. OF CALIFORNIA Tuesday, December 5, 2000 f IN THE HOUSE OF REPRESENTATIVES Mr. SALMON. Mr. Speaker, in September IN RECOGNITION OF ANDREAS Tuesday, December 5, 2000 Congress ratified H. Con. Res. 371, which re- COMODROMOS Mr. MATSUI. Mr. Speaker, I rise today to solves that Congress supports the goals and pay tribute to Walter F. Payne, president and ideas of National Alcohol and Drug Addiction HON. ROBERT MENENDEZ chief executive officer of Blue Diamond Grow- Recovery Month. Clearly, each Member OF NEW JERSEY ers, on the occasion of his retirement. A coop- shares the commitment to keep America’s IN THE HOUSE OF REPRESENTATIVES erative owned by nearly 4,000 almond grow- youth drug-free, and return those who have ers, Blue Diamond is the world’s largest nut- used drugs to a drug-free life. I add these Tuesday, December 5, 2000 tree marketing and processing company. comments in an effort to help achieve this Mr. MENENDEZ. Mr. Speaker, I rise today Under the steadfast leadership of Walt Payne, goal. to recognize Andreas Comodromos for his Blue Diamond processes nearly one-third of First, H. Con. Res. 371 states that ‘‘26 mil- outstanding contributions to the Greek com- the world’s crop of almonds, making that com- lion Americans currently suffer the ravages of munity. The Greek Orthodox community will modity California’s largest food export. I ask drug or alcohol addiction.’’ This statistic is pre- honor Mr. Comodromos at the 65th Anniver- my colleagues to join with me today in hon- sumably based on the U.S. Department of sary of Evangelismos Tis Theotokou. The par- oring the dedicated service of Walt Payne. Health and Human Services’ 1999 National ish has chosen to commemorate the event Mr. Payne joined Blue Diamond in 1973 as Household Survey on Drug Abuse, which finds with a special presentation entitled ‘‘Remem- the director of marketing and planning. In that roughly 26 million Americans are heavy bering Out Past . . . Looking to Our Future.’’ 1990, Mr. Payne was appointed chief oper- drinkers or are casual-to-dependent users of Mr. Comodromos, the former Supreme ating officer and in 1992 became president one or more illicit drugs. The report does not President of the Cyprus Federation of Amer- and chief executive officer. His prior 17 years state that these individuals are suffering from ica, was born on the island of Cypress in as a marketing executive provided him with an addiction. The absence of this distinction 1949, where he was raised by his parents in the necessary tools to lead Blue Diamond into could result in misdirected program develop- the Greek Orthodox faith. There, he attended a period of unprecedented growth and funda- ment and misappropriated funding. Affected high school and performed his compulsory mental change. Under this leadership, the co- are those who direct public and private re- military service before gaining employment operative was transformed into a more effi- sources; to counselors and treatment profes- with the Cyprus offices of the American Life cient and organized business dedicated to cut- sionals who develop protocols for assistance; Insurance Co. ting unnecessary costs and increasing produc- to employers who strive to maintain drug-free Mr. Comodromos and his wife, Anna tion and sales. However, it is his inclusive work environments; to the criminal justice sys- Zachariades, had their first child, Eliza, in management style, in combination with his de- tem which must be accountable to the public 1974, the same year Turkey invaded Cypress. sire for open and honest communication that they serve; and to our Nation’s families who To realize a better life for himself and his wife will truly be remembered. rely on accurate information, accurately com- and son, Mr. Comodromos and his family im- Mr. Payne has worked tirelessly to include municated. migrated to America, where he could pursue a the views of management, member growers H. Con. Res. 371 also states that adoles- college education. In the United States, they and plant workers alike to create a more effec- cents who undergo addiction treatment report became members of the Evangelismos Tis tive business. In an organization that had pre- less use of marijuana, less heavy drinking, Theotokou Greek Orthodox communitry, and viously been run from the top down, Walt and less criminal involvement. Let us hold our- in 1978, Mr. Comodromos graduated Magna found it more productive to establish an envi- selves and treatment outcomes to a higher Cum Laude from St. Peter’s College with a ronment that encouraged the inclusion of em- standard. While interim goals can be ap- Bachelor’s Degree in Accounting. ployees, at all levels, in the development and plauded, the fact that youth who receive treat- In the following years, Mr. Comodromos implementation of ideas. In fact, it is this inclu- ment continue to use drugs—albeit less celebrated the birth of his second child, sive management style that has proved to be often—and continue to be involved in criminal Demitrios, while working at the international an integral component to the unprecedented activity—albeit less often—cannot become our accounting firm Ernst & Ernst. In 1982, he be- success of Blue Diamond. Nation’s standard for success. came a CPA and co-founded the accounting When Walter Payne was named CEO, he Nelba Chavez, Administrator of the Sub- firm of Comodromos Associates with his broth- vowed to spend 15 percent of his time in the stance Abuse and Mental Health Services Ad- er Michael. He is currently the president and fields meeting with growers, listening to and ministration, spoke of the need to provide bet- managing partner.

VerDate jul 14 2003 10:50 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR00\E05DE0.000 E05DE0 26338 EXTENSIONS OF REMARKS December 5, 2000 In addition to his impressive professional number of operational supervisors available to them focused on how to get the agency more and personal achievements, Mr. Comodromos assist and monitor that traffic. These errors money. Wrestling control of the agency’s fi- has served the community through is firm have risen by 25 percent in the past two years nances from Congress has been the under- commitment to the cause of justice in Cyprus. alone. lying theme in almost all of these reports, not He is dedicated to liberating the island from In addition, runway incursions continue to improving aviation safety. Turkish occupation. He has served on the go up, raising cries of alarm from the National The commission I propose would take a board of the Cyprus Federation of America, Transportation Safety Board, the Office of In- comprehensive approach, and it would focus and was elected president for two consecutive spector General, and the Congress. on ways to improve aviation safety for the terms (1991–1995). Mr. Comodromos has The Inspector General told my Sub- benefit of all Americans. been recognized for his contributions with sev- committee seven months ago ‘‘this safety Specifically, the bill I have introduced would eral awards and honors, including the 1978 issue is one that demands constant high-level establish a Commission for Comprehensive Newcomen Society of America Award, election attention,’’ so we called for higher budgets, Review of the FAA. It would look at both air to the National Council of the Order of St. An- monthly reports and a national summit on the traffic services and safety oversight by the drew, the Ellis Island Medal of Honor, and the issue. Regrettably, the most recent report agency, and make recommendations on both Offikion Archon Dikaiophylax Award. shows that runway incursions have not gone the organizational structure and processes of Mr. Comodromos currently serves as the down. Instead, they continue to go through the the agency. The recommendations must ad- President of the US-Cyprus Chamber of Com- roof. dress FAA’s organization within the existing merce and is a member of the Council of Hel- In addition, FAA has been unable to ad- structure of government. lenes Abroad of the North and South Amer- dress the growing problem of airline delays. In The commission would have 21 members ican Region. He is a member of the Order of the summer of 1999, delays were so high that appointed by the President, and would include Mr. Speaker, with a new administration en- AHEPA, the American Institute of CPAs, and the FAA announced a special review of its tering the White House in January, there is a the New Jersey Society of CPAs. Mr. traffic management programs. This review great opportunity to start off with a fresh ap- Comodromos is actively involved in various concluded that the agency could do a lot more proach in aviation. It is the perfect time for an business and political endeavors, and con- to provide efficient movement of aircraft unbiased, impartial, and independent commis- tinues his commitment to community service around the country, and they promised imme- sion to present new findings—focusing on at the local and national level. diate improvements. aviation safety—to help guide the FAA in the Today, I ask my colleagues to join me in This past summer’s delays, however, were right direction for the future. This would be ex- recognizing Andreas Comodromos for his just as high as the year before, if not worse. tremely helpful to the new President and the many years of dedicated service to the Greek The American traveling public is getting tired new Congress as we consider how to make community. of these horrible delays. Business meetings our aviation system more safe and efficient for f are canceled, family gatherings are disrupted, commercial deals are passed up when airline U.S. citizens and those who visit our wonder- INTRODUCTION OF A BILL ESTAB- commerce does not flow smoothly. I hear my ful country. LISHING A COMMISSION FOR colleagues complain practically every day H.R.— COMPREHENSIVE REVIEW OF about the horrible and unacceptable airline THE FAA Be it enacted by the Senate and House of Rep- delays. For those who fly often, the quality of resentatives of the United States of America in life is greatly diminished because of this prob- Congress assembled, HON. FRANK R. WOLF lem. SECTION 1. SHORT TITLE. OF VIRGINIA Mr. Speaker, I served on the House Com- This Act may be cited as the ‘‘Commission IN THE HOUSE OF REPRESENTATIVES mittee on Public Works and Transportation for Comprehensive Review of the Federal back in the early 1980s. I still remember FAA Aviation Administration Act’’. Tuesday, December 5, 2000 Administrator Lynn Helms coming before that SEC. 2. COMMISSION. Mr. WOLF. Mr. Speaker, today I have intro- committee and testifying about the wondrous (a) ESTABLISHMENT.—There is to be estab- duced a bill calling for a tough, comprehensive improvements in air travel that would come lished a commission to be known as the Commission for Comprehensive Review of review of the Federal Aviation Administration about through modernization of the govern- the Federal Aviation Administration (re- to focus on the critical need to improve avia- ment’s air traffic control system. ferred to in this section as the ‘‘Commis- tion safety and reduce airline delays. Over the next several years, this Congress sion’’). We should all be concerned about aviation appropriated billions of dollars for that effort. (b) FUNCTIONS.—the functions of the Com- safety. Air travel has increased dramatically in Yet each year, the General Accounting Office mission shall be— recent years. Today, more than 600 million tells us how the FAA continues to fall farther (1) to review existing and alternative op- Americans take to the skies each year—and tions for organizational structure of air traf- and farther behind in fielding the necessary fic services, including a government corpora- that figure is expected to triple to 1.8 billion systems. tion and incentive based fees for services; people a year by 2020. First came the termination of the microwave (2) to provide recommendations for any With this dramatic increase we have seen landing system in the late 1980s, then came necessary changes in structure of the Fed- increases in operational errors among air traf- termination of the advanced automation sys- eral Aviation Administration so that it will fic controllers, increases in near mid-air colli- tem a few years later. FAA substituted other be able to support the future growth in the sions, and increases in runway incursions. navigation and computer programs to take national aviation and airport system; except I am particularly concerned about internal their place. that the Commission may only recommend changes to the structure and organization of meetings of FAA safety staff that have been I wish I could tell my colleagues that these the Federal Aviation Administration that reported in the press revealing statements new systems have proceeded well, but many are within the existing structure of the Fed- made by top FAA safety officials concerning of them have not. FAA continues to experi- eral Government; weaknesses in their oversight. ence massive delays in developing satellite (3) to review air traffic management sys- I want to emphasize that there are thou- navigation and computer systems, even after tem performance and to identify appropriate sands of hard-working, dedicated employees Congress passed landmark procurement re- levels of cost accountability for air traffic at the FAA who understand the important form legislation to aid the FAA in 1995. Run- management services; (4) to review aviation safety and make rec- safety mission of their agency. We need to way incursion radar systems are still not in ommendations for the long-term improve- give them a stable and efficient organizational operational use, even after eight years of de- ment of safety; and structure under which they can perform their velopment work. The agency simply hasn’t (5) to make additional recommendations mission critical jobs. been able to bring new technology on line to that would advance more efficient and effec- Mr. Speaker, operational errors among air address these safety concerns. tive Federal Aviation Administration for the traffic controllers are up significantly as con- We already have a number of commissions, benefit of the general traveling public and trollers try to cope with increasing traffic all contractors, and study groups over the years the aviation transportation industry. (c) MEMBERSHIP.— bearing down on crowded hub airports. At the investigating the ‘‘problem’’ at the FAA. These (1) APPOINTMENTS.—The Commission shall same time these errors are up, the FAA has groups have come up with a long list of rec- be composed of 21 members appointed by the announced a plan to significantly reduce the ommendations, but, unfortunately, most of President as follows:

VerDate jul 14 2003 10:50 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00007 Fmt 0689 Sfmt 0634 E:\BR00\E05DE0.000 E05DE0 December 5, 2000 EXTENSIONS OF REMARKS 26339 (A) 8 individuals with no personal or busi- and other personnel assistance as may rea- one of the top 10 performing programs in the ness financial interest in the airline or aero- sonably be required to enable the Commis- Nation. space industry to represent the traveling sion to carry out its responsibilities under Kim Chi Trieu has been a role model and a public. Of these, 1 shall be a nationally rec- this section. leader in her community and in county govern- ognized expert in finance, 1 in corporate SEC. 3. REPORT OF THE COMMISSION. ment. She has been the anchor to freedom for management and 1 in human resources man- (a) REPORT TO CONGRESS.—Not later than agement. 30 days after receiving the final report of the her family, working two jobs to help resettle (B) 4 individuals from the airline industry. Commission and in no event more than 1 two dozen family members including her par- Of these, 1 shall be from a major national air year after the date of the enactment of this ents. She has not only lived the American carrier, and 1 from an unaffiliated regional Act, the Secretary of Transportation, after dream herself—she has provided countless air carrier, 1 from a cargo air carrier. consulting the Secretary of Defense, shall refugee families with the opportunity to (C) 3 individuals representing labor and transmit a report to the Committees on achieve that dream. professional associations. Of these, 1 shall be Commerce, Science, and Transportation, Ap- I wish to thank Kim Chi Trieu for her com- from National Air Traffic Controllers Asso- propriations, and Finance of the Senate and passionate and dedicated service to the Coun- ciation; the Committees on Transportation and In- ty and wish her the best in her future endeav- (D) 2 individuals representing airports and frastructure, Appropriations, and Ways and airport authorities. Of these, 1 shall be rep- Means of the House of Representatives. ors. Her integrity, compassion, and strength resentative of a large hub airport. (b) CONTENTS.—The Secretary shall include will be sorely missed, but our lives are the (E) 1 individual representing the aerospace in the report to Congress under subsection richer for having known her. and aircraft manufacturers industries. (a) a final report of findings and rec- f (F) 1 individual from the Department of ommendations of the Commission under sec- Defense. tion 2(b), including any necessary changes to AN AFFIDAVIT BY MICHAEL (G) 2 individuals from the Department of current law to carry out these recommenda- TERLECKY Transportation. Of these, 1 shall be from the tions in the form of proposed legislation. Office of the Secretary of Transportation. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. HON. JAMES A. TRAFICANT, JR. (2) TERMS.—Each member shall be ap- There are authorized to be appropriated OF OHIO pointed for a term of 18 months. such sums as may be necessary to carry out IN THE HOUSE OF REPRESENTATIVES (d) FIRST MEETING.—The Commission may this Act. conduct its first meeting as soon as a major- Tuesday, December 5, 2000 f ity of the members of the Commission are Mr. TRAFICANT. Mr. Speaker, today, I am appointed. A TRIBUTE TO KIM CHI TRIEU (e) HEARINGS AND CONSULTATION.— submitting an affidavit by Michael Terlecky of (1) HEARINGS.—The Commission shall take Mahoning County for the RECORD. The affi- such testimony and solicit and receive such HON. ZOE LOFGREN davit, signed and sworn on the fourth of De- comments from the public and other inter- OF CALIFORNIA cember, 2000, alleges, Federal Bureau of In- ested parties as it considers appropriate, IN THE HOUSE OF REPRESENTATIVES vestigation knowledge and participation in ille- shall conduct at least 2 public hearings after Tuesday, December 5, 2000 gal gambling activities and other mob related affording adequate notice to the public activities. thereof, and may conduct such additional Ms. LOFGREN. Mr. Speaker, I rise to rec- Terlecky, as a Mahoning County Deputy hearings as may be necessary. ognize the achievements of Kim Chi Trieu, Sheriff, worked exclusively with the Youngs- (2) CONSULTATION.—The Commission shall Program Manager for the Social Services consult on a regular and frequent basis with town Police Department Special Investigations the Secretary of Transportation, the Sec- Agency of Santa Clara County. Ms. Trieu is Unit (SIU) to raid and eliminate illegal gam- retary of Defense, the Committee on Com- retiring after 16 years of dedicated service to bling rings in the Mahoning Valley. He was re- merce, Science, and Transportation, the the people of Santa Clara County. moved from active duty in 1988 because of a Committee on Appropriations and the Com- Kim Chi Trieu arrived in the United States in physical disability. mittee on Finance of the Senate, and the 1983 as a Vietnamese refugee with two of her The affidavit alleges gross misconduct on Committee on Transportation and Infra- young children and $5 in her pocket. Within the part of FBI agents Robert Kroner and structure, the Committee on Appropriations two weeks, she had found work at Catholic Larry Lynch. He points to the pressure that and the Committee on Ways and Means of Charities as a job developer. In 1984, Ms. the House of Representatives. was placed upon any law enforcement officer Trieu began her work with the Social Services (3) FACA NOT TO APPLY.—The Commission who challenged the illegal activities of James shall not be considered an advisory com- Agency as a worker with the Targeted Assist- Prato and Joey Naples. Prato and Naples, mittee for purposes of the Federal Advisory ance Unit. She helped to establish and put both local Mafia bosses, ran illegal gambling Committee Act (5 U.S.C. App.). into operation the Central Intake Unit, which operations in Youngstown. Rival factions were (f) ACCESS TO DOCUMENTS AND STAFF.—The was the gateway for newly arrived refugees. hit hard by raids while the Prato/Naples oper- Federal Aviation Administration may give Kim Chi Trieu was promoted to Supervisor ations were left alone. Terlecky alleges Agents the Commission appropriate access to rel- of the Refugee Unit in 1985. Her tireless work Kroner and Lynch attempted to control his evant documents and personnel and shall on behalf of the refugee community earned gambling raids so that there would be no inter- make available, consistent with the author- her the admiration and gratitude of Santa ity to withhold commercial and other propri- ference with the Prato/Naples operations. etary information under section 552 of title Clara County’s many refugee populations: Vi- As the affidavit illustrates, Terlecky was ma- 5, United States Code (commonly known as etnamese, Hmong, Mien, Cambodian and nipulated and neutralized by the local FBI the ‘‘Freedom of Information Act’’), cost later, Ethiopian, Somali, Polish, Russian, Bos- agents’ efforts to protect the FBI’s participation data associated with the acquisition and op- nian, Serbian, Iranian, and Afghan. In a short in illegal activities. Michael Terlecky was dan- eration of air traffic service systems. Any time, Ms. Trieu was asked to assume respon- gerous to the local FBI. He was also an un- member of the Commission who receives sibility for the Santa Clara County Greater lucky man for having stumbled upon the con- commercial or other proprietary data from Avenues for Independence (GAIN) Planning nections of the Prato/Naples faction and the the Federal Aviation Administration shall be Unit. subject to the provisions of section 1905 of FBI. For this, he was later indicted and con- title 18, United States Code, pertaining to With her belief in community partnership, victed for taking a bribe from another mob unauthorized disclosure of such information. Kim Chi Trieu invited participation from im- boss. Lenine Strollo. (g) TRAVEL AND PER DIEM.—Each member pacted communities in the ever-changing Ref- In that trial, Terlecky’s attorney was Stewart of the Commission shall be paid actual trav- ugee Services Delivery System. Universally Mandel. Mandel was a former U.S. attorney el expenses, and per diem in lieu of subsist- respected as a tactful mediator, she was within the Justice Department. Following the ence expenses when away from such mem- skilled at working cooperatively with other so- trial, Mandel became a business partner of ber’s usual place of residence, in accordance cial service programs and government agen- mob boss Lenine Strollo for a company in with section 5703 of title 5, United States cies to ensure all her clients received the ben- Conneaut, OH. Think about it. Whose interest Code. efits to which they were entitled. (h) DETAIL OF PERSONNEL FROM THE FED- was Mandel representing, Michael Terlecky or ERAL AVIATION ADMINISTRATION.—The Ad- In 1996, Kim Chi Trieu expanded her role to his business partner and mob boss Lenine ministrator of the Federal Aviation Admin- assist in the development of the county’s Tem- Strollo? istration shall make available to the Com- porary Aid to Needy Families (TANF) program, In subsequent hearings, Lenine Strollo ad- mission such staff, administrative services, which has been cited by the Urban Institute as mitted that he never paid Michael Terlecky

VerDate jul 14 2003 10:50 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR00\E05DE0.000 E05DE0 26340 EXTENSIONS OF REMARKS December 5, 2000 bribe money. Furthermore, Mandel was in- recordings. These audio tape recordings con- spoke with Officer Robin Lees requesting dicted and convicted of income tax violations tained the voice of James A. Traficant, Jr. that I be ‘‘wired’’ when I met and spoke with associated with Strollo. and the voices of Charlie and Orlie this informant at the donut shop. I felt that Carrabbia. These audio tape recordings were I could be ‘‘set-up’’. Officer Robin Lees It is clear that Michael Terlecky was inno- submitted into evidence in support of an at- agreed to me being ‘‘wired’’ and said he cent of the charges against him and that even tempt to have James A. Traficant, Jr. con- would help me. his attorney had a conflicting interest in help- victed and sent to prison. These audio tape 12. While I met with my informant Officer ing him. He was thrown to the wolves while recordings became known as the ‘‘Traficant Robin Lees, another officer named Guzzy and the real perpetrators went unpunished. I will tapes’’. four other officers were parked in a van continue to investigate the FBI’s knowledge of 6. In the immediate above mentioned trial, across the street tape recording everything illegal mob related activities, including the ac- Federal Bureau of Investigation Special my informant told me over a 30 to 40 minute tivities of Agents Kroner and Lynch. Also, I Agent (FBI SA) Robert Kroner gave testi- period of time. The main topic of what my mony as a prosecution witness. FBI SA Rob- informant told me was the setting of a meet- have submitted a request to the President for ert Kroner testified under oath that the ing with individuals in Struthers, Ohio who a full pardon of Mr. Terlecky’s conviction. His ‘‘Traficant tapes’’ were found in a bread box wanted to give me money so they could relax name deserves to be exonerated. in Joe Derose’s apartment in Pittsburgh, on weekends knowing that I wouldn’t be The Terlecky affidavit is being submitted Pennsylvania. I have personal knowledge around with my gambling raiding team ar- today to the CONGRESSIONAL RECORD as sup- that FBI SA Robert Kroner lied about the resting people for illegal gambling. My raid- porting documentation for my bill H.R. 4105, ‘‘Traficant tapes’’ being found in a bread box ing team had recently raided over 12 estab- ‘‘The Fair Justice Act.’’ This bill would create in Joe Derose’s apartment in Pittsburgh, lishments. Because Charlie Carabbia was an agency to oversee the U.S. Department of Pennsylvania. now missing, Joey Naples, along with the 7. The so called ‘‘Traficant tapes’’ were Pittsburgh, Pennsylvania organized crime Justice and prosecute those involved in any found by Mahoning County, Ohio Deputy family controlled Struthers, Ohio with only wrongdoing. Today, when something is amiss Sheriff Frank Tomaino and me in Joe few negotiated exceptions. in the Justice Department, it investigates itself, Derose’s apartment in Canfield, Ohio during 13. Immediately after my meeting with my much like the fox guarding the henhouse. An a multiple shooting investigation by Frank informant Robin Lees gave me the audio independent oversight agency would eliminate Tomaino, Joseph Rinko and me. tape recording of my informant and my the conflict of interest that exists today when 8. What took place just before the ‘‘Trafi- meeting. Because it was late in the day and wrongdoing occurs in the Justice Department. cant tapes’’ were found was as follows: because I never had a key to the evidence Mahoning County Deputy Sheriffs Joe locker at the Mahoning County Sheriff De- STATE OF OHIO, COUNTY OF MAHONING: Rinko, Frank Tomaino and I were present partment the S.I.U. put the audio tape re- AFFIDAVIT OF MICHAEL S. TERLECKY the night just after Joe Derose and a woman cording in their evidence locker for me so After having been duly sworn in accord- were found shot in Joe Derose’s apartment in that I could use it as evidence later. ance with law, I, Michael S. Terlecky, hereby Canfield, Ohio. After we removed weapons 14. Sometime between the night the audio depose and say: from the apartment we wrongly continued to tape recording was placed in the S.I.U. evi- search the apartment. We had plenty of time SUMMARY dence locker and the next day, Robin Lees to get a search warrant. As I was searching contacted FBI SA Robert Kroner and in- The statements made in this affidavit can the apartment without a search warrant I formed him about my meeting with my in- be summarized as follows: found a locked closet. I wanted to know what formant, the audio tape recording and the During a span of time before March 21, 1998 was inside the closet so I used my American plans of the investigation which included the while I was an active Mahoning County dep- Express credit card to ‘‘jimmy’’ the lock. ‘‘payoff’’ meeting in Struthers, Ohio by uty sheriff I obtained actual knowledge that After entering the closet I found audio cas- members of the Pittsburgh, Pennsylvania certain Federal Bureau of Investigation sette tapes in plastic containers that were Mafia family. agents illegally obtained, controlled, sup- labeled Jim Traficant. At the time I did not 15. Shortly after, my informant telephoned pressed, manipulated, falsified and tainted know the significance of these cassette me. In an irate tone of voice he told me he evidence. Under the law they abused their tapes, nor did I know Jim Traficant. The was angry with me because I wore a ‘‘wire’’ authority within the United States Depart- Federal Bureau of Investigation then took during our conversation at the donut shop. ment of Justice when they concealed the il- over the case. He also informed me that FBI SA Robert legal activities of organized crime, their mo- 9. I believe that the reason why FBI SA Kroner telephoned him to tell him that he tive being, unjust and unlawful enrichment. Robert Kroner lied about finding the ‘‘Trafi- had the audio tapes and that if he helped me These same agents, by means of the abuse cant tapes’’ in Joe Derose’s Pittsburgh, in any way that he would be indicted. of their Federal power, controlled and ma- Pennsylvania apartment is because he didn’t 16. After the above mentioned telephone nipulated local police agencies to do their know who listened to the audio tapes after I conversation with my informant I went to bidding. That bidding being, the elimination found them in the presence of Frank the Mahoning County, Ohio Prosecutor’s Of- of any illegal competitive opposition for the Tomaino. Additionally, the audio tapes were fice and met with Assistant Prosecuting At- gangsters with whom they had aligned them- found without obtaining a search warrant. I torney Bailey. I gave him the facts in sup- selves with. do not feel that I broke any laws in the way port of FBI SA Robert Kroner’s obstruction These same Federal Bureau of Investiga- I found the audio tapes. However, I feel that of justice. Assistant Prosecutor Bailey began tion agents, with deliberate indifference, I was ethically wrong. The shootings took creating an arrest warrant for me but risked the lives of officers of the law while place in a parking lot outside Joe Derose’s stopped when I informed him that Robert they themselves were breaking the law. apartment on Indian Run Road, Canfield, Kroner was an FBI Agent. Assistant Pros- These same agents, with deliberate indiffer- Ohio which was video camera recorded from ecutor Bailey invited me to present my evi- ence of the trust, allowed me, an officer of a telephone pole. The video camera was put dence to a grand jury. I declined because if I the law to be falsely imprisoned so that I there by the FBI. The FBI said the video received a ‘‘no bill’’ my life and the lives of could not timely reveal the truth. camera was not working because it was my family would be in danger. 1. I am more than eighteen years of age struck by lightning. To prove the video cam- 17. I then went to the Youngstown Police and a resident of Mahoning County, Ohio. era was not working they presented a repair Department’s Internal Affairs Office where I 2. I became a Mahoning County, Ohio dep- receipt for the video camera. filed a complaint against Officer Robin Lees uty sheriff in 1977. ROBERT KRONER’S OBSTRUCTION OF JUSTICE because he gave the audio tape recording to 3. While I was on active duty as a 10. I had a reliable informant for months. FBI SA Robert Kroner, which put my life in Mahoning County Deputy Sheriff I exclu- He called me on the telephone one night to danger. Internal Affairs Officer Lewis re- sively worked with the Youngstown, Ohio inform me that someone in Struthers, fused to help me. However, FBI SA Robert Police Department’s special investigations Mahoning County, Ohio who wanted to pay Kroner returned the audio tape recording to unit. One of my main duties was to inves- me a large amount of money if I would not Officer Robin Lees who in turn attempted to tigate and arrest people for illegal gambling include certain places in my raid on illegal give it back to me. I refused to accept the activity. gambling facilities. My informant asked me audio tape recording because of the break in 4. Because of a physical disability I was to meet with him in a donut shop on Youngs- the chain of custody of evidence and because taken off active duty as a deputy sheriff on town-Poland Road. of the potential altering of evidence. Officer March 21, 1988. 11. Because this informant told me months Lenny Skelinski got the audio tape record- TRAFICANT TAPES before that he was an informant for FBI SA ing, along with a copy of a receipt signed by 5. During the trial United States of America Robert Kroner, I didn’t trust him. Therefore, Officer Robin Lees. Officer Lenny Skelinski vs. James A. Traficant, Jr. That took place before I met with this informant I tele- put the audio tape recording in the during 1983 the United States Assistant At- phoned the Youngstown, Ohio Police Depart- Mahoning County Sheriff Department’s evi- torney submitted into evidence audio tape ment’s special investigations unit (SIU). I dence locker and logged it in as evidence.

VerDate jul 14 2003 10:50 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00009 Fmt 0689 Sfmt 0634 E:\BR00\E05DE0.000 E05DE0 December 5, 2000 EXTENSIONS OF REMARKS 26341 FBI SA Robert Kroner wanted me neutral- working undercover at the Lebanese drug Youngtown, Ohio, and a personal friend of ized. house. I didn’t believe what FBI SA’s Fried- FBI SA Robert Kroner. 18. I then contacted the Office of Profes- man and Plunkett told me because FBI sional Responsibility in Washington, DC, and agents do not tell other FBI agents what op- INDICTED & CONVICTED informed them of FBI SA Robert Kroner’s il- erations they are working on. Therefore, the 27. I was indicted and convicted for taking legal actions, those being the obstruction of immediate question in my mind was. Why a bribe from Lenny Strollo. I never took a justice. would they tell me about a current oper- bribe from Lenny Strollo or anyone else. 19. Based on my personal experience, the ation? I wanted away from these FBI agents This fact was revealed during a subsequent hereinabove written and information given without them knowing I wanted away from to me by Youngstown, Ohio Police Depart- them. and related plea bargain hearing in which ment’s SIU Officer Joe Krupa, who was a 23. During the same conversation with FBI Lenny Strollo under oath testified that he senior member of the SIU, who I trusted that SA’s Friedman and Plunkett, Plunkett again never paid me a bribe. I also learned after the Youngstown Police Department did not lied to me when he told me that he did not my conviction that my attorney Stewart conduct gambling raids or sports betting know an informant by the name of Bobby Mandel was associated with Lenny Strollo. raids, I concluded that FBI SA Robert Kro- Armstrong I knew he knew about Bobby My attorney, Stewart Mandel, might have ner and FBI SA Larry Lynch, through the Armstrong because of a conversation I had acted for the benefit of others to help them Youngstown Police Department, other with him five (5) years ago about Bobby so that I could not timely reveal the herein- sources and its special investigations unit Armstrong. I then asked myself what am I above written, the truth. Stewart Mandel attempted to control my gambling raids so doing with these people? Something is wrong was later indicted and convicted of income that I could only arrest the opposition for here! tax violations in connection with Lenny who the FBI had allied with their ally being FBI CONTROLLED SIU Strollo. I still believe Stewart Mandel is a Joey Naples. SIU officer Joe Krupa, in my 24. SIU Officer Joe Krupa secretly asked good attorney who I consider a friend. opinion, was an honest police officer who me to submit for approval of a search war- 28. James A. Traficant, Jr., and I were went ‘‘by the book’’ which compelled me to rant to be served on the Diamond Tavern in never political allies. However, I have always help him. Campbell, Mahoning County, Ohio which at 20. I assert that FBI SA Robert Kroner the time was the illegal numbers hub for the respected him, therefore, I give my permis- telephone conversation with my informant whole organization. I received approval for sion to him to use this affidavit in any way during which he informed by informant that the search warrant. I personally invited Spe- that he deems appropriate. I was wearing a ‘‘wire’’ at the donut shop cial Agent Don Harris of the Internal Rev- could have gotten me killed. I further assert enue Service to accompany us on this raid. I that FBI SA Robert Kroner abused his Fed- f did this to Protect Officer Krupa and me eral power to serve his personal interest. On from future retaliation because this was a or about March 21, 1988, close to midnight, I SPINDLETOP OIL FIELD AND Joey Naples’ stronghold. was shot at, at point blank range by a person 25. I took Internal Revenue Agent Don Har- LUCAS GUSHER with a 12-gauge shotgun while I was in my ris with me to the Diamond Tavern along unmarked official vehicle. The shot barely with approximately 15 officers from Youngs- missed me. The headrest directly to the town Police Department’s SIU and Mahoning HON. NICK LAMPSON right of my head was severely damaged from County Sheriff’s Department, Lowendowsky the shotgun blast. After this incident I was who used a camera to film the serving of the OF TEXAS diagnosed as having chronic stress disorder. search warrant and any arrests. FBI SA Rob- IN THE HOUSE OF REPRESENTATIVES I was not permitted to return to work. One ert Kroner later told me that the only reason month later I was indicted for violation of I ‘‘hit’’ the place was to increase my month- Tuesday, December 5, 2000 Federal Rico statutes. The person who shot ly ‘‘package.’’ Robert Kroner should have at me with a 12-gauge shotgun was never known better than to make an allegation Mr. LAMPSON. Mr. Speaker, today I rise to identified or found. I realized at this point like that because if I was going to put pres- that I was ‘‘over my head’’ with no one to recognize the Texas State Spindletop 2001 sure on a place like the Diamond Tavern why Commission’s celebration of the Centennial of help me. I could not seek help from the FBI would I bring an IRS agent with me? How because certain FBI agents could not be could I possibly fix something where the IRS the discovery of the Spindletop Oil Field and trusted. I do not have total mistrust of the was included? Indirectly, I found that FBI the Lucas Gusher. On January 10, 2001, at FBI. I only mistrust certain local FBI spe- SA Robert Kroner knew this was a Joey 10:32 am, a permanent reproduction of the cial agents who I believe are under the con- Naples operation and was upset with me for Lucas Gusher will blow, and the excitement of trol of organized crime. raiding the Diamond Tavern. that moment will be reenacted. THE LOUNGE INCIDENT 26. Youngstown Police Department Officer 21. During the 1980’s a restaurant known as Joe Krupa, a member of the SIU informed me The Lucas Gusher, located just south of the Gatsby Lounge in Austintown, Mahoning that SIU was working with FBI SA Robert Beaumont, Texas, marked the beginning of County, Ohio was frequented by a higher Kroner and FBI SA Larry Lynch. SIU officer the Petroleum Age. On January 10, 1901, a class of drug dealers. A person who went to gave me the illegal gambling targets to raid. team of investors and drillers led by Captain the Gatsby Lounge fell under my narcotics It was quite apparent that the targets I was surveillance. This person talked to Chief given by SIU to raid where limited to people Anthony F. Lucas discovered the greatest oil Frank Carbon who in turn talked to me. and establishments involved in illegal num- well ever seen. The area upon which the Chief Frank Carbon informed me that the bers gaming and small football pools. The gusher was discovered, Spindletop Hill, was to person who I had under surveillance at the SIU did not raid illegal sport betting oper- produce more oil per day than the annual pro- Gatsby Lounge wanted to pay me 2,000 per ations nor did they ask for my assistance in duction of oil in the entire United States. month to ‘‘back off’’ his establishment (a raiding large illegal sport betting oper- Lebanese restaurant and known drug house ations. The main target of the Youngstown The discovery of oil at Spindletop drastically in Austintown Township which I closed down Police Department SIU and FBI was the ille- changed the country’s economy. Within days one week earlier). If $2,000 was not enough I gal numbers operation of Michael ‘‘Syrak’’ thousands of speculators, sightseers and for- was to let him know. I suspected that the Serrecchio, a one time Joey Naples rival. I tune seekers swarmed into the small town as continued to arrest people for sports betting. person who I first saw at the Gatsby Lounge news of the discovery spread. By 1902, hun- was dealing drugs because of the amount of What appeared strange was the Youngstown the attempted ‘‘payoff’’ and surveillance of Police Department’s SIU would be involved dreds of active wells were operating. The vast this person being seen with known drug deal- in every raid except the raids conducted in quantities of oil found at Spindletop first made ers. their own city. FBI SA Robert Kroner con- possible the use of oil as an inexpensive, 22. Having been informed of the attempted trolled and suppressed information, manipu- lightweight and efficient fuel to propel the ‘‘pay off’’ I informed Mahoning County, Ohio lated both the SIU and me to conduct only world into the twentieth century. Sheriff Nemeth of the attempted ‘‘payoff’’ certain gambling arrest raids, none of which who told me to give the information to the were directed at Joey Naples’ illegal gam- On January 10, 2001, I will be present at FBI. I had reservations about giving the in- bling enterprise. At the time it was common the Spindletop celebration, and be presenting formation to the FBI. After some delay I knowledge that Lenny Strollo and Joey a copy of this CONGRESSIONAL RECORD state- gave the information about the attempted Naples were growing apart because Lenny ment. Celebrating and honoring the beginning ‘‘payoff’’ to FBI SA’s Friedman and Strollo was against narcotics while Joey Plunkett. Both agents told me not to do any- Naples was involved in narcotics. It should of a new age for the world is altogether fitting thing because they already had an FBI agent also be noted that at this time Randall Wel- and appropriate and deserves the House of from the Pittsburgh, Pennsylvania office lington was also chief of police of Representative’s recognition.

VerDate jul 14 2003 10:50 Jan 23, 2005 Jkt 029102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR00\E05DE0.000 E05DE0 26342 EXTENSIONS OF REMARKS December 5, 2000 COMMENDING THE AMERICAN Last year alone, they collected and distributed the merger of Pharmacia & Upjohn and the TRUCKING ASSOCIATIONS AND 13,700,000 toys. Monsanto Company. ITS CONTRIBUTION TO THE TOYS America’s truckers will most likely deliver Mr. Hassan, a native of Pakistan, received FOR TOTS FOUNDATION the vast majority of Christmas toys to stores his Bachelor’s Degree in chemical Engineering around the country. However, this delivery is from the Imperial College of Science and HON. GARY G. MILLER truly special, as it demonstrates the positive Technology at the University of London in synergy that is achieved when private industry OF CALIFORNIA 1967 and his Master’s of Business Administra- partners with charitable organizations to im- tion from Harvard Business School in 1972. IN THE HOUSE OF REPRESENTATIVES prove the community. At Pharmacia, Mr. Hassan and his manage- Tuesday, December 5, 2000 Mr. Speaker, the American Trucking Asso- ment team have established a global organi- ciations asked their members to ‘‘send a lov- Mr. GARY MILLER of California. Mr. Speak- zation dedicated to improving health and ing message that someone cares’’ to the chil- er, I rise to commend the American Trucking wellness around the world. Under Mr. Has- dren of the conference host city. Their mem- Associations for demonstrating that ‘‘someone san’s leadership, Pharmacia collaborates with bers responded overwhelmingly, thus deserv- cares’’ about the Children of San Diego, Cali- government, academia, and the private sector ing the praise and accolades of this 106th fornia. to address global challenges in the fields of Congress for their decision to leave the chil- The American Trucking Associations urged health care, science, and nutrition. To meet dren of San Diego with a special memory. all individuals who recently attended their these challenges, Pharmacia, the United Na- Management Conference and Exhibition in f tions Population Fund, and The world Bank San Diego, California to bring a toy. At the IN HONOR OF FRED HASSAN, RE- created the ‘‘Save the Mother’s Fund’’, a pro- end of the conference, 700 toys were col- CIPIENT OF THE 2000 GLOBAL gram that works to improve obstetric care in lected and donated to the U.S. Marine Corps CITIZEN AWARD order to reduce maternal mortality rates in Reserve Toys for Tots Foundation. Encour- childbirth. In addition, Pharmacia has aged by their initial success, the American HON. ROBERT MENENDEZ partnered with the World Health Organization’s Trucking Associations have extended the toy European Project on Tobacco Dependence to OF NEW JERSEY drive via their website. In fact, donors can now reduce tobacco-related death and disease IN THE HOUSE OF REPRESENTATIVES contribute to a toy on-line. among cigarette smokers in Europe. The toys will be distributed to needy chil- Tuesday, December 5, 2000 Mr. Hassan has set an excellent example dren in the San Diego area through the U.S. Mr. MENENDEZ. Mr. Speaker, I rise today for other business leaders around the world; to Marine Corps Reserve Toys for Tots Founda- to honor Fred Hassan, the recipient of the be successful in the business world, while also tion. Since 1947, the U.S. Marine Corps Re- 2000 Global Citizen Award from the School of helping to improve the lives of our fellow glob- serves have ensured a gift under the Christ- Diplomacy and International Relations at al citizens. mas tree of children who might otherwise ex- Seton Hall University. Today, I ask my colleagues to join me in perience the holiday without receiving any Fred Hassan is currently the President and honoring Fred Hassan and Pharmacia for their toys. Over the past 53 years, the Foundation Chief Executive Officer of Pharmacia Corpora- outstanding commitment and contributions to has grown and is now active in all 50 states. tion, a pharmaceutical company created by global health and development.

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