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

Vol. 146 WASHINGTON, WEDNESDAY, OCTOBER 4, 2000 No. 122 House of Representatives The House met at 10 a.m. and was Help us embrace Thy eternal truth MESSAGE FROM THE SENATE called to order by the Speaker pro tem- that outweighs any falsehood. A message from the Senate by Mr. pore (Mr. SHAW). O God, empower Congressional lead- Lundregan, one of its clerks, an- f ers to fulfill the mandate not to be served, but to serve. Lift them on nounced that the Senate has passed DESIGNATION OF THE SPEAKER Wings as an Eagle, discerning Your without amendment bills of the House PRO TEMPORE compassion, Your love, vision, will, and of the following titles: The SPEAKER pro tempore laid be- purpose. H.R. 1800. An act to amend the Violent fore the House the following commu- Grant them wisdom for a moral and Crime Control and Law Enforcement Act of nication from the Speaker: just society bearing always the poor 1994 to ensure that certain information re- garding prisoners is reported to the Attorney WASHINGTON, DC, and powerless as Your mandate for General. October 4, 2000. leadership. Bless each dedicated House I hereby appoint the Honorable E. CLAY Member, their staff, and their families, H.R. 2752. An act to direct the Secretary of SHAW, Jr., to act as Speaker pro tempore on the Interior to sell certain public land in this day. in Thy gracious name and in the name Lincoln County through a competitive proc- J. DENNIS HASTERT, of our Lord, Amen. ess. Speaker of the House of Representatives. f H.R. 2773. An act to amend the Wild and f Scenic Rivers Act to designate the Wekiva River and its tributaries of Wekiwa Springs PRAYER THE JOURNAL Run, Rock Springs Run, and Black Water The Reverend Lawrence A. Lambert, The SPEAKER pro tempore. The Creek in the State of Florida as components Jr., First United Methodist Church, Chair has examined the Journal of the of the national wild and scenic rivers sys- Greensburg, Kansas, offered the fol- last day’s proceedings and announces tem. lowing prayer: to the House his approval thereof. H.R. 4579. An act to provide for the ex- Almighty God, Creator of all people Pursuant to clause 1, rule I, the Jour- change of certain lands within the State of and nations, acknowledging Your pre- nal stands approved. Utah. eminence, we acknowledge our human- H.R. 4583. An act to extend the authoriza- ness. Asking for Thy Grace and Mercy, f tion for the Air Force Memorial Foundation forgive us when we wound Your Heart to establish a memorial in the District of Co- lumbia or its environs. and grieve Your Spirit in the world. PLEDGE OF ALLEGIANCE Renew our congressional leaders and The SPEAKER pro tempore. Will the The message also announced that the all Americans in the challenge to keep gentleman from Kansas (Mr. MORAN) Senate has passed with amendments in our Nation physically strong, mentally come forward and lead the House in the which the concurrence of the House is awake, and morally straight. Pledge of Allegiance. requested, bills of the House of the fol- Awaken the pioneer spirit within our Mr. MORAN of Kansas led the Pledge lowing titles: leaders and all Americans to explore of Allegiance as follows: H.R. 1143. An act to establish a program to and reclaim the truths found in this I pledge allegiance to the Flag of the provide assistance for programs of credit and Country and in which our Nation with United States of America, and to the Repub- other financial services for microenterprises humility proclaimed ‘‘In God we lic for which it stands, one nation under God, in developing countries, and for other pur- trust!’’ indivisible, with liberty and justice for all. poses.

N O T I C E Effective January 1, 2001, the subscription price of the Congressional Record will be $393 per year or $197 for six months. Individual issues may be purchased for $4.00 per copy. The cost for the microfiche edition will remain $141 per year with single copies remaining $1.50 per issue. This price increase is necessary based upon the cost of printing and distribution. Michael F. DiMario, Public Printer

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.

H8743

.

VerDate 02-OCT-2000 01:38 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 8633 E:\CR\FM\A04OC7.000 pfrm01 PsN: H04PT1 H8744 CONGRESSIONAL RECORD — HOUSE October 4, 2000 H.R. 3084. An act to authorize the Sec- over diamonds. It is not a political bat- medicines by 25 percent? Why would he retary of the Interior to contribute funds for tle, it is a battle for money, for dia- puff up a false personal story? Solely to the establishment of an interpretative center monds, for power. Charles Taylor of Li- score political points with our Nation’s on the life and contributions of President beria undoubtedly is interfering. There seniors? Abraham Lincoln. Whatever the motive, it is time for The message also announced that the is some evidence that Mr. Qaddafi from some straight talk, not invented rhet- Senate has passed a bill and concurrent Libya is also interfering, and others oric. America’s families and senior resolutions of the following titles in from Guinea and other lands. And yet, citizens deserve no less. People should which the concurrence of the House is we do nothing. We stand and watch it come before politics. requested: happen. Last week in a hearing chaired by f S. 2440. An act to amend title 49, United the gentleman from California (Mr. States Code, to improve airport security. REAUTHORIZATION OF THE ROYCE) of the Subcommittee on Africa, S. Con. Res. 60. Concurrent resolution ex- VIOLENCE AGAINST WOMEN ACT pressing the sense of Congress that a com- we saw the maimed and injured, little memorative postage stamp should be issued children whose arms had been chopped (Mr. PASCRELL asked and was given in honor of the U.S.S. Wisconsin and all off, a terrible, terrible sight, and our permission to address the House for 1 those who served aboard her. State Department and our country minute and to revise and extend his re- S. Con. Res. 70. Concurrent resolution re- have done virtually nothing. marks.) questing that the United States Postal Serv- It is time for us to rise up and help Mr. PASCRELL. Mr. Speaker, the ice issue a commemorative postage stamp the citizens of that Nation. I ask that House passed the reauthorization of honoring the national veterans service orga- the Violence Against Women Act on nizations of the United States. we do that. S. Con. Res. 141. Concurrent resolution to f September 26. The funding for that act expired on September 30. When is the authorize the printing of copies of the publi- WEN HO LEE, A JUSTICE cation entitled ‘‘The United States Capitol’’ Senate going to act? as a Senate document. DEPARTMENT SCAPEGOAT The vote here was 415 to 3. The House f (Mr. TRAFICANT asked and was took great strides in reauthorizing the given permission to address the House funding programs in the VAWA that WELCOME TO REVEREND for 1 minute and to revise and extend will improve the quality of life for mil- LAWRENCE A. LAMBERT, JR. his remarks.) lions of women and children across the (Mr. MORAN of Kansas asked and Mr. TRAFICANT. Mr. Speaker, I do country. It reauthorizes programs that was given permission to address the not know if Wen Ho Lee is a spy, but make a real difference in our commu- House for 1 minute and to revise and one thing for sure, Wen Ho Lee is a nities: the STOP grants, the National extend his remarks.) scapegoat. Wen Ho Lee was a diversion Domestic Violence Hotline, battered Mr. MORAN of Kansas. Mr. Speaker, used by Janet Reno to avoid the ap- women’s shelters, rape crisis centers. I am here to welcome to the House pointment of an independent counsel to I visited one of those centers just re- Chamber and to our Nation’s Capitol investigate illegal Chinese campaign cently. They are doing the job. That is one of my constituents and one of the contributions to the Democrat Na- why we reauthorized it. Where is the citizens of Kansas, Reverend Lambert, tional Committee. Senate? We must be sensitive to the who is here today with his wife, Linda, Who is kidding whom? Even Barney needs of every woman who is a victim and graciously delivered the invocation Fife can see through this ploy. Wake of these tragic circumstances. on our proceedings today. up, Congress. A Chinese Red Army gen- I would like to thank the gentle- Reverend Lambert is the United eral, a Red Army general was one of woman from Maryland (Mrs. MORELLA) Methodist minister in the community the Chinese who funneled money to the and the gentleman from Michigan (Mr. of Greensburg, a community of several Democrat National Committee, and CONYERS) for their leadership on this thousand people in the southern part of there has been no investigation. Beam critical legislation. Kansas. It is a delight to have him and me up. f his wife with us. I yield back the treason of Janet BUREAUCRATS PRACTICING I appreciate his prayers and concerns Reno and the secrets still to be stolen MEDICINE for our country and for the House of by the Chinese. Representatives and for the task we f (Mr. GIBBONS asked and was given have before us. This is Reverend Lam- permission to address the House for 1 bert’s first visit to the Nation’s Cap- MISLEADING STATEMENTS BY minute and to revise and extend his re- itol, and we are delighted to have him THE VICE PRESIDENT marks.) as our guest today. (Mr. BALLENGER asked and was Mr. GIBBONS. Mr. Speaker, obvi- f given permission to address the House ously, I am no medical doctor. There- for 1 minute and to revise and extend fore, I would never presume to know THE UNITED STATES SHOULD his remarks.) what medication, for example, would TAKE ACTION TO HELP CITIZENS Mr. BALLENGER. Mr. Speaker, do be better to treat the heart condition OF SIERRA LEONE Members remember that all-American of a 72-year-old woman in Winnemucca, (Mr. EHLERS asked and was given slogan: baseball, mom, and apple pie? Nevada. permission to address the House for 1 We have a new campaign slogan today, Yet, the Gore plan thinks that Wash- minute and to revise and extend his re- thanks to the Vice President, the per- ington bureaucrats should know best marks.) son who supposedly invented the Inter- which drug should or should not be Mr. EHLERS. Mr. Speaker, I rise net. It goes, dog, mother-in-law, and used by my constituents 2,000 miles again today to discuss the abominable prescription drugs. away in Nevada. After all, that is what situation in Africa. We have had over This week, the Boston Globe, no his Medicare Modernization Act calls two decades of killings, maimings, ab- member of the vast right wing con- for, 182 new mandates on prescription ductions, and the murder of approxi- spiracy, and the Washington Times drug delivery, including a government mately 1 million Africans. Our State both reported that GORE made up an formulary to cover prescriptions. If a Department has done virtually noth- anecdote about the cost of drugs. Why drug is not listed in the Gore for- ing. would the Vice President mislead our mulary, Medicare will not cover it, and If we compare what has happened in Nation’s seniors and the entire media a needy citizen, a senior, will not be Africa and what has happened in by telling a bogus personal story that able to obtain their life-saving medica- Kosovo and Bosnia, where we have sent his mother-in-law pays three times the tion. troops, Bosnia and Kosovo do not begin price for arthritis medicine as com- Mr. Speaker, this same plan has to compare in deaths and human agony pared to his dog? Why would he stretch failed miserably in Canada and Europe. with what has happened in Africa. the truth on such an important issue My fellow citizens in Nevada and I am particularly concerned about Si- that the Republican House already has across America should not be denied erra Leone, where we now have a battle taken action on to lower the cost of access to the prescription drugs they

VerDate 02-OCT-2000 00:59 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.004 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8745 need by Washington bureaucrats whose administration and their corrupt prac- There will be an estimated $268 bil- only medical credentials are that they tices in the White House. That is why lion surplus this fiscal year. Our ques- have visited a doctor for their yearly the American people are disappointed tion he simple: Should it be used to pay physical. in Vice President AL GORE. off the public debt, or should it be I yield back the Gore government- f spent on ongoing Washington pro- run prescription drug plan that has grams? ANNOUNCEMENT BY THE SPEAKER Washington, D.C. deciding which medi- b 1015 cines should be in our cabinet. PRO TEMPORE f The SPEAKER pro tempore. The Republicans are for using the surplus Chair would advise that the Member to pay off the debt. Where do President URGING CONGRESS AND THE AD- Clinton and Vice President GORE MINISTRATION TO RESTORE should avoid personal references to the President or the Vice President. stand? Our children and grandchildren PEACE IN SIERRA LEONE deserve better than to inherit moun- (Mr. HALL of Ohio asked and was f tains of debt. given permission to address the House CONGRESS MUST WORK TO PAY Mr. Speaker, I urge the President and for 1 minute and to revise and extend OFF THE PUBLIC DEBT AND Vice President to put debt reduction his remarks.) PROVIDE A PRESCRIPTION DRUG ahead of spending and agree to our 90– Mr. HALL of Ohio. Mr. Speaker, I BENEFIT TO SENIORS 10 percent proposal. rise today to share with this Congress f (Mr. BARTLETT of Maryland asked a story of a young girl who was and was given permission to address UNITED STATES MUST DO MORE maimed by thugs in Sierra Leone. the House for 1 minute and to revise FOR JUST PEACE IN SIERRA These are some of the kids that testi- and extend his remarks.) LEONE fied before the Congress last week. Bintu Amara, who is in this picture, Mr. BARTLETT of Maryland. Mr. (Mr. ROYCE asked and was given per- who is 9 years old, watched rebels chop Speaker, in this time of great pros- mission to address the House for 1 off her leg last year. They did it to ter- perity, it is imperative that Congress minute.) rorize everyone who sees her, and re- works to pay off the public debt and Mr. ROYCE. Mr. Speaker, the war in mind all the world that they will stop provide a prescription drug benefit for Sierra Leone has been one of the most at nothing in their bid to control the all seniors. barbaric in the world. A rebel group, country’s diamond mines. The Nation has a public debt of over the RUF, supported by neighboring Li- Bintu did not say much at the special $3 trillion. However, in the last 3 years, beria, has been conducting the most hearing that the gentleman from Cali- Republicans have paid down $354 billion hideous of violence against civilians in in public debt and are on track to com- fornia (Chairman ROYCE) held last this west African country. They are week, but she did tell this Congress pletely pay off this part of the national doing this to steal the Nation’s dia- that she wants very much to go to debt by 2012. mond wealth. school. That is not likely to happen, I Republicans are committed to using Last week, 4-year-old Memunatu am sad to report. Today, diamonds will 90 percent of next year’s budget surplus Mansaray told us how her and her earn $37 million for rebel armies, like to pay off the public debt, while lock- grandmother were among 300 people the one that did this to Bintu. Tomor- ing away 100 percent of the social secu- who sought refuge in a mosque when row they will earn another $37 million, rity and Medicare surpluses. rebels attacked the capital. When she and so on. While we remain the most prosperous cried out, the hiding population was I urge this Congress and this admin- Nation in the world, the sad reality is discovered, and all but her were shot istration to do something about this, that there are still some seniors who dead. She survived because, when it not in a year, not some day, but today. have to choose between putting food on was her turn, a rebel commander told a Americans buy two-thirds of the the table and the prescription drugs 12-year-old boy, a boy captured and world’s diamonds. They would be horri- they need to live healthy lives. Mr. drugged by the rebels, not to waste a fied to know that this is where their Speaker, that is not fair. bullet on her, but to cut off her hand. money goes. When we passed a prescription drug Her right hand was amputated that day We owe it to them, we owe it to benefit that was voluntary, available, when she was just 2 years old. Bintu, to do something about this trag- and affordable for all seniors, the gen- Fortunately, private Americans have edy. tleman from Illinois (Mr. GEPHARDT) come forth to give her medical atten- and the Democrats walked out on sen- f tion. But there are thousands of other iors. That is not right. Republicans child victims with nothing. As a mat- ILLEGAL PRACTICES BY THE will not walk out on seniors, and will ter of fact, there are 20,000 amputees. I CLINTON-GORE ADMINISTRATION continue to work to find a bipartisan believe that those who saw her left (Mr. PITTS asked and was given per- solution to reducing the cost of pre- with an awareness of why the U.S. mission to address the House for 1 scription drugs while working to pay must do more to help bring a just minute and to revise and extend his re- off our public debt. peace, a just peace to Sierra Leone. marks.) f This savagery has to stop. Mr. PITTS. Mr. Speaker, last night f in the Presidential debate AL GORE’s THE PRESIDENT SHOULD PUT words ‘‘No controlling legal authority’’ DEBT REDUCTION AHEAD OF PRESIDENT AND CONGRESS came up. What George Bush should SPENDING AND AGREE TO RE- SHOULD WORK TOGETHER TO have said is that all those words mean PUBLICAN 90/10 PROPOSAL ELIMINATE DEBT is, ‘‘Catch me if you can.’’ (Mr. HERGER asked and was given (Mr. SAM JOHNSON of Texas asked Everyone in Washington knows it is permission to address the House for 1 and was given permission to address illegal to use foreign money. It is ille- minute and to revise and extend his re- the House for 1 minute and to revise gal to launder money. It is illegal to marks.) and extend his remarks.) sell access. It is illegal to use your Mr. HERGER. Mr. Speaker, it has Mr. SAM JOHNSON of Texas. Mr. phones, your computers, your office, been 22 days since the Congress pro- Speaker, it has been 22 days ago since your staff, for raising funds. posed to lock away 100 percent of the Republicans asked the President and The Democrats have accepted mil- social security and Medicare surpluses Vice President to join us in dedicating lions of dollars in foreign moneys, and dedicate at least 90 percent of the 90 percent of next year’s surplus to laundered money, and turned the Lin- total budget surplus for public debt re- eliminating the national debt. Even coln bedroom and the coffee klatches duction. It has been 22 days that the last night, the Vice President said he into a money-making machine. Clinton-Gore administration has re- wanted to reduce the debt. But as of Mr. GORE not only participated and fused to answer our calls for debt re- this morning, we have not heard a word planned, he was a cheerleader of this duction. from either one of them.

VerDate 02-OCT-2000 00:59 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.006 pfrm01 PsN: H04PT1 H8746 CONGRESSIONAL RECORD — HOUSE October 4, 2000 I am curious, what are they waiting government-approved AL GORE man- of their political and spiritual herit- for? Could it be because the Vice Presi- dated life-style. age. dent has proposed over $1 trillion in As a result, the Wall Street Journal ‘‘We want democracy to survive for new government spending? I think it reported yesterday ‘‘families earning all generations to come, not become is. It seems the Vice President cares identical amounts of money would pay the insolvent phantom for tomorrow.’’ more about spending the surplus than widely different taxes and families This Congress has a chance to tear saving it. Why else has he been silent earning more money than others could off a piece of that mortgage placed on on joining our efforts to eliminate the pay significantly lower taxes.’’ our children and our grandchildren and debt? Those who choose the GORE life-style all of our future generations by paying This Democrat administration spend- get a tax break. Those who choose to off America’s debt. We can start this ing spree will jeopardize the health of live their own lives get nothing. For year. We can start by committing 90 Social Security and Medicare, and that example, if one purchases a costly elec- percent of the surplus to paying off is just wrong. I tell the Vice President, tric car, the Vice President gives one a America’s debt. come on, together let us eliminate the tax break. If one purchases a Ford Democrats say it cannot be done, and national debt. Social Security and pickup truck, one gets nothing. That is they are wrong. Just a couple of years Medicare depend on it. not my definition of fairness. That is ago when we Republicans promised we f not my definition of freedom. would stop Bill Clinton’s raid on Social Governor Bush, however, has a dif- Security, Democrats said that could WOMEN’S CAUCUS COORDINATED ferent approach. He believes that all not be done. But once again, they were EFFORT ON PASSING VAWA Americans are overtaxed and worthy of wrong. (Mrs. MALONEY of New York asked some relief, even those who drive Ford Paying off the debt should be our top and was given permission to address pickup trucks. His evenhanded plan priority. It frees up money currently the House for 1 minute.) would provide relief to virtually every spent on interest and allows us to pay Mrs. MALONEY of New York. Mr. taxpayer. That, Mr. Speaker, is fair. for other top priorities such as pre- Speaker, one of the top priorities of the f scription drug benefits, saving Social bipartisan Women’s Caucus is reau- Security, and preserving the political thorizing the Violence Against Women REAUTHORIZATION OF THE VIO- and spiritual heritage of our grand- Act. The House has already passed it LENCE AGAINST WOMEN ACT OF children. 1994 by a nearly unanimous vote, 415 to 3. f But while women are being beaten up (Mrs. BIGGERT asked and was given and children continue to witness vio- permission to address the House for 1 REPUBLICANS COMMITTED TO lence every day in their homes, the minute.) PAYING DOWN DEBT Senate and the conference committee Mrs. BIGGERT. Mr. Speaker, October (Mr. CHABOT asked and was given have yet to act. It is time for action. is National Domestic Violence Aware- permission to address the House for 1 We are calling, in a bipartisan way, on ness Month, a time for us to reflect minute.) our colleagues in the House and the upon the damage done to American so- Mr. CHABOT. Mr. Speaker, for far Senate on the conference committee. ciety by domestic violence. too long, government spending reigned We know that this bill will save lives. Scratch the surface of any of our Na- supreme in Washington. Deficit spend- We know that it helps our communities tion’s most challenging social prob- ing ran rampant, the debt ballooned, deal with domestic violence. lems, from crime in schools to gang vi- and taxes skyrocketed. It was always We know that passing VAWA is one olence and homelessness, and one is spend first and worry about the debt way to stop the cycle of violence in likely to find the root cause is domes- later. America. We know that the prosecu- tic violence. But today Republicans are changing tors and law enforcement officers sup- Law enforcement officials report that course and saying that paying off the port it. How long must our children domestic violence calls are among debt for our children’s future should be suffer the consequences of family vio- their most frequent. Judges find that at the front of the line, not at the end lence. Every day that goes by without children first seen in their courts as of the line. passing it is too long. victims of domestic violence return Republicans are committed to paying We call upon this House and Senate later as adult criminal defendants. off the national debt. We have already and conference committee to pass the Schools report that children with emo- reduced the debt by about $350 billion Violence Against Women Act. tional problems often come from envi- and are committed to eliminating the f ronments where violence is the norm. national debt altogether. What does this tell us? It tells us The Clinton-Gore administration ve- PRESIDENTIAL CANDIDATES that violence begets violence, and it is toed relief on the marriage and death DISAGREE ON TAXING ISSUES incumbent on all of us to try and break taxes. Remember? Republicans are not (Mr. ARMEY asked and was given the cycle. That is exactly what the Vi- about to sit back and let the Demo- permission to address the House for 1 olence Against Women Act, VAWA, of crats now spend that money. minute and to revise and extend his re- 1994 has helped us to do over the last 6 As we finalize next year’s budget, we marks.) years. are dedicated to three core principles. Mr. ARMEY. Mr. Speaker, as a result Let us get to the President’s desk Let us pay down the debt. Let us make of decades of social engineering, the now the 5-year reauthorization of sure Social Security and Medicare are United States Tax Code has evolved VAWA. It is a vital investment in this on sound financial ground for this gen- into a complex maze of deductions, Nation’s future. eration of seniors and future genera- credits, exemptions, and special pref- f tions. Let us give the American people erences under which taxpayers with substantial tax relief. They deserve it. PAYING OFF DEBT PRESERVES same incomes can pay vastly different That is what is right for the country. THE POLITICAL AND SPIRITUAL amounts in taxes. f This uneven treatment of taxpayers HERITAGE OF OUR GRAND- is fundamentally unfair and it is at CHILDREN REBELS IN SIERRA LEONE PROFIT odds with the American value of equal- (Mr. SCHAFFER asked and was given FROM ‘‘BLOOD’’ DIAMONDS ity under the law. permission to address the House for 1 (Mr. WOLF asked and was given per- Unfortunately, Mr. Speaker, Vice minute and to revise and extend his re- mission to address the House for 1 President AL GORE’s economic plan marks.) minute and to revise and extend his re- would make things even worse. Al- Mr. SCHAFFER. Mr. Speaker, nearly marks.) though the Vice President claims to 40 years ago, President Dwight D. Ei- Mr. WOLF. Mr. Speaker, the Clinton provide middle class tax relief, he actu- senhower warned ‘‘we cannot mortgage administration has a miserable record ally provides meager relief only to the material assets of our grand- on what is taking place in Sierra those individuals who agree to live the children without risking the loss also Leone. Moctar Jollah is a 27-year-old.

VerDate 02-OCT-2000 00:59 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.010 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8747 He is from Sierra Leone. This past wins, our country will end up hobbling or benefits will have to be cut by one- year, Moctar had his right hand and his its best-performing high-tech busi- third. ear cut off by rebel thugs in Sierra nesses.’’ We cannot continue to go on doing Leone. The gentleman from Ohio (Mr. I urge an end to this madness. nothing. We have to make some pro- HALL) and I met Moctar at an amputee f gram changes if we are going to keep camp this past December. this important program solvent. WELFARE REFORM SUCCESS At the amputee camp, Moctar intro- f duced us to thousands of people who (Mr. STEARNS asked and was given were lucky to be alive. The people we permission to address the House for 1 APPOINTMENT OF CONFEREES ON met were the survivors, those who did minute.) H.R. 4942, DISTRICT OF COLUMBIA not bleed to death as they struggled to Mr. STEARNS. Mr. Speaker, hearing APPROPRIATIONS ACT, 2001 flee the rebels who had cut off their the Democrats say they reformed wel- Mr. ISTOOK. Mr. Speaker, I ask arms, their legs, and their ears. fare is similar to saying all of us in unanimous consent to take from the No one was spared the brutal, gro- this House won gold in the Olympics. Speaker’s table the bill (H.R. 4942) tesque, and evil actions of the rebels. Did we participate in the success at making appropriations for the govern- Infant babies had their arms and legs Sydney? No. But did this Nation ben- ment of the District of Columbia and cut off. Young men in the prime of efit from the years of practice and ex- other activities chargeable in whole or their life suddenly had half a leg. perience of these gold medals? Yes. in part against revenues of said Dis- Women were raped by rebels and then When we were talking about reform- trict for the fiscal year ending Sep- had their limbs amputated, only to ing welfare, the Democrats said welfare tember 30, 2001, and for other purposes, give birth several months later as a re- reform would fail, and President Clin- with a Senate amendment thereto, dis- sult of the rape they suffered. ton vetoed this legislation twice. agree to the Senate amendment, and agree to the conference asked by the Why did the rebels of Sierra Leone do b 1030 it? They did it because of diamonds. Senate. Diamonds to profit and control and Well, failure could not be further The SPEAKER pro tempore (Mr. trade in Sierra Leone. The trade in from the truth today. Taxpayers are SHAW). Is there objection to the request conflict for blood diamonds must stop. better off than they were 4 years ago of the gentleman from Oklahoma? The gentleman from Ohio (Mr. HALL) due to fiscal responsibility and reforms There was no objection. has a bill, the CARAT Act, H.R. 5147. passed by the Republican Congress. Six MOTION TO INSTRUCT OFFERED BY MR. MORAN Pass the bill, stop the flow of blood years ago welfare checks in the North- OF VIRGINIA from conflict diamonds. east totaled about $47 million, and this Mr. MORAN of Virginia. Mr. Speak- f year the costs are about $12 million, er, I offer a motion. nearly $35 million in savings. The Clerk read as follows: URGING DEPARTMENT OF JUSTICE Republicans have helped restore in- TO END NONSENSE AGAINST Mr. MORAN of Virginia moves that the centive to work instead of dooming managers on the part of the House at the MICROSOFT families to a life of continued depend- conference on the disagreeing votes of the (Mr. RYAN of Wisconsin asked and encies. Our policy should be a hand up, two Houses on the Senate amendments to was given permission to address the not a hand out. the bill H.R. 4942 be instructed to recede House for 1 minute and to revise and f from disagreement with the amendment of extend his remarks.) the Senate. Mr. RYAN of Wisconsin. Mr. Speaker, SOCIAL SECURITY The SPEAKER pro tempore. The gen- hopefully Tuesday, September 26, (Mr. SMITH of Michigan asked and tleman from Virginia (Mr. MORAN) will marked the turning point in the mis- was given permission to address the be recognized for 30 minutes and the guided antitrust suit against Microsoft House for 1 minute and to revise and gentleman from Oklahoma (Mr. when the Supreme Court turned down a extend his remarks.) ISTOOK) will be recognized for 30 min- Hail-Mary plea by the government to Mr. SMITH of Michigan. Mr. Speak- utes. hear Microsoft’s appeal. er, I think a lot of Americans listened The Chair recognizes the gentleman Two new studies, one from the Insti- to the debate last night. A lot of us from Virginia (Mr. MORAN). tute of Policy Innovation and one from have been working on Social Security Mr. MORAN of Virginia. Mr. Speak- the Association for Competitive Tech- for a long time, certainly our Speaker er, I yield myself such time as I may nology calculate the annual economic pro tempore, the gentleman from Flor- consume. damages caused to our economy would ida (Mr. SHAW), myself, the gentleman Mr. Speaker, the motion, as it was range between $20 billion and $75 bil- from Texas (Mr. STENHOLM), the gen- read, would instruct the conferees to lion a year. tleman from Arizona (Mr. KOLBE), and accept the Senate version of the Dis- I would like to quote Milton Fried- many others have been looking at ways trict of Columbia appropriations bill man, the Nobel Laureate Economist to keep this most important program for fiscal year 2001. The reason is that who said, ‘‘Silicon Valley is suicidal in continuing to be solvent. A lot of peo- the Senate bill is a superior bill. calling government in to mediate in ple depend on it. The Senate bill is a bill that was sup- the disputes among some of the big I was very upset last night with some ported by virtually all of the Repub- companies in the area and Microsoft. of the comments on Social Security. licans and Democrats in the Senate, The end result will be that an industry The Vice President has got a plan that will be supported by virtually all of the that up to now has been able to proceed I think does not solve the huge prob- Democrats and I think a great many at a marvelous pace with little or no lem of keeping Social Security solvent. Republicans in the House. It is a bill government regulation is now going to Let me just go through this chart that is supported by the Mayor of the have government all over it. It is going briefly. The biggest risk is doing noth- District of Columbia and by the D.C. to spend in legal fees over the next 10 ing at all. Social Security has a total City Council, the properly elected offi- or 20 years, money which society would unfunded liability of over $20 trillion. cials to govern the district. And it is benefit from much more if it were The Social Security Trust Fund con- the only bill that the President will spent in the kind of research and devel- tains nothing but IOUs. That is what sign. opment that has brought us many mir- the Vice President is suggesting, that This bill provides $34 million more in acles in the area of Internet, in the we add another giant IOU and somehow Federal funds to enable the District to area of home computers, industry com- come up with the money. How are we undertake important economic devel- puters, and all the rest.’’ going to come up with the money? opment, environmental restoration and The Berkshire Hathaway vice-chair- The last point. To keep paying pro- educational opportunity activities. It man, Charles Munger, says ‘‘The Jus- gram Social Security benefits, the pay- fully funds the Federal commitment to tice Department could hardly have roll tax will have to be increased to at build the New York Avenue metro sta- come up with a more harmful set of de- least 50 percent of total income; 50 per- tion; and, in fact, it represents only a mands than those it now makes. If it cent of total income for our FICA taxes third of the cost, given the fact that if

VerDate 02-OCT-2000 00:59 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.032 pfrm01 PsN: H04PT1 H8748 CONGRESSIONAL RECORD — HOUSE October 4, 2000 we provide this money; the private sec- trict, we are going to knock a big hole housing project that we have some tor will provide another third; another in their budget by doing so. matching Federal money to work with third will come from local funds. Mr. MORAN of Virginia. Mr. Chair- the private effort that they are putting The Senate bill also enables the Pop- man, will the gentleman yield? forth there. lar Point remediation project to begin. Mr. ISTOOK. I yield to the gen- If we adopt the language of the gen- It provides tuition assistance for D.C. tleman from Virginia. tleman from Virginia, we also would be students to be able to take advantage Mr. MORAN of Virginia. Is my recol- giving a blank check to the Public Ben- of the ability to attend college outside lection incorrect that that is not in the efit Corporation. Well, what is the Pub- of the District of Columbia. Without House bill either? lic Benefit Corporation? That is the en- these funds, that program cannot be Mr. ISTOOK. Reclaiming my time, tity that runs D.C. General Hospital fully implemented. And it will enable Mr. Speaker, that is why it is to be that, in addition to the $45 million sub- the D.C. courts to see their first pay in- added in conference. The District has sidy that they receive from the Dis- crease in more than 5 years. been working on the language, which trict of Columbia, has been running ad- The Senate bill also refrains from they have submitted to us, knowing ditional deficits of over $100 million imposing new social policies on the that it needs to be inserted in the con- total over these last 3 years. We have District, policies that we would never ference report. It is a part of the Dis- language in the House bill that brings try to impose on our own constituents trict’s budget. They are relying upon the PBC under control, to try to get its in our own congressional districts, and these funds. finances straightened up. The Senate policies that have been rejected by the But without having the conference so bill does not have that language. By citizens of the District of Columbia and that we can insert that language, all adopting the Senate bill we would per- that, in fact, are intended to negate ac- other issues aside, the gentleman petuate the abuse and the misuse, the tions, programs, and initiatives that would blow a greater hole in the Dis- illegal, I believe, management of funds are working within the District of Co- trict’s budget than the gentleman is at the D.C. General Hospital, which lumbia and that we ought to support trying to get them in additional Fed- right now the Mayor, the Council, and not only because they are working, eral money. Because, as the gentleman the new members on the PBC board are but, most importantly, because they points out, the additional Federal trying to get a handle on the situation are the way that the citizens of the money that the Senate bill has that is and change the structure of the D.C. District of Columbia choose to spend not in the House bill is about $30 mil- General Hospital. their own money. lion or $35 million, only half of the hole If we do not have the incentive in In addition to eliminating the more that we would blow in the District’s this bill to say to them that they can controversial social riders that were budget if we did not go to conference. no longer just take money that was not added anew to this bill, it goes a long And, of course, as the gentleman is even budgeted and pour it into D.C. way in honoring and giving more re- aware, the Federal funds in the House General Hospital, ignoring the law, as spect to the District and its reform- bill, it is kind of like having a check- the General Accounting Office has minded elected officers by reducing by ing account or a savings account and made clear is what they have been more than 30 the number of general drawing against it. We had an alloca- doing, we will not get the D.C. General provisions in the bill that are no longer tion for what we could do regarding the Hospital situation under control. We necessary. District; the Senate had the larger ac- most certainly will not if we just adopt That is why the Senate bill is a supe- count, and that is the reason they pro- the motion of the gentleman from Vir- rior bill, why in the very last days of vided a higher level of funding. We ginia. this session we ought to recede to the have all along expected that more There are a number of things that Senate and get this bill passed. funds would be made available to the are either in the House bill or that we Mr. Speaker, I reserve the balance of House so that we could, for example, have been working to make sure are my time. provide more Federal funding for the put into the conference report between Mr. ISTOOK. Mr. Speaker, I yield New York Avenue metro station in par- the House and the Senate that would myself such time as I may consume, ticular. That has been the plan all be destroyed by the motion of the gen- and I rise to oppose the motion to in- along, and it is proceeding accordingly. tleman. I do not think we want to struct made by the gentleman from In addition, of course, to the finan- adopt that motion. Virginia. cial problems that we would cause for I could talk about other things. We I recognize the gentleman is con- the District were we to adopt the mo- could talk about the drug-free zones cerned about the differences between tion of the gentleman from Virginia, that would be wiped out; I could talk the House-passed and Senate-passed we would, of course, take out some about the youth tobacco program, try- bills and he is willing to take what the other things. We would take out sev- ing to keep kids away from tobacco, Senate has done, but I would certainly eral million dollars of the drug testing that the gentleman’s motion would disagree with some of the things he and treatment program for persons on wipe out; but I think I have said wants to accomplish because I think he probation and parole who are required enough to make the point. would defeat his whole purpose if we to stay drug free as a condition of re- I urge Members to oppose the motion were to adopt the Senate bill. maining free on the streets. of the gentleman from Virginia. If we were to adopt the Senate bill, The House has the larger amount of Mr. Speaker, I reserve the balance of for example, we would create a hole of money to make sure that we not only my time. $61 million in the District’s own budg- have the drug testing to get people Mr. MORAN of Virginia. Mr. Speak- et. We would put it out of balance. locked right back up if they violate er, I yield myself such time as I may Why? Because there is language that that condition of their probation or consume. the Senate does not have that we are their parole, but also to provide the First off, the Mayor and the Public poised to put in the conference agree- drug counseling and treatment that is Benefits Corporation seem to be work- ment for what they call the ‘‘tobacco necessary to try to help people not ing out their problems. Although I securitization.’’ These are proceeds only to be drug free now but to be that know language would be beneficial, we from the tobacco settlement that al- way for the rest of their lives, even have not seen this particular language lows the District a revenue stream to after the term of their probation or pa- to which the chairman refers. issue securities to be able to use that role expires. Mr. ISTOOK. Mr. Speaker, will the money in their budget. They need the If we adopted the gentleman’s lan- gentleman yield? language provisions that we are work- guage, we would also be taking out $1 Mr. MORAN of Virginia. I yield to ing on in the conference report, or they million in a public-private housing the gentleman from Oklahoma. are going to have a hole in their budg- partnership that is being put together Mr. ISTOOK. I am referring to the et. by the Washington Interfaith Network, language that is in the House bill, al- So if we just took the gentleman’s where the Washington religious com- though the gentleman correctly notes recommendation, and he says he is con- munity is providing a lot of resources that we are working on possible revi- cerned with the finances of the Dis- and effort to improve a particular sions of that to put it in its best form.

VerDate 02-OCT-2000 00:59 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.037 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8749 Mr. MORAN of Virginia. Well, re- back. We are not able to get that in the Members have always supported such claiming my time, Mr. Speaker, those Senate bill. That is the kind of tough infrastructure support. They did so subsequent revisions we have not seen. language the District would have to ab- when we were building the Convention Now, the gentlewoman from the Dis- sorb through the Senate bill. Center because they knew that we were trict of Columbia, who is the proper But the Senate bill would, at least, going to make millions of dollars for representative of the citizens of the make this small appropriation go ourselves every year. And so the Con- District of Columbia, feels that the away. And then what would we have? gress funded an expansion of the Metro highest priority is to get this bill fund- Would it be one down and eight to go? stop near the Convention Center when ed, notwithstanding issues with regard I have lost count. But they have got a the President put the money in his to the securitization of tobacco rev- lot to do before they get out of here. If budget, as he has now. enue and things like that. She is look- they want to spend their time in Octo- This body, in one of the great mo- ing to the priorities of the Mayor, the ber and November fighting over the ments frankly for bipartisan support city council and its citizens, and feels D.C. bill, be my guest. Because we are for the Nation’s capital, passed the Col- that this motion is in the best interest not going to give up without a fight. lege Access Act. There was strong bi- of those citizens, which I find to be a If in fact we do not adopt the Senate partisan support in the Senate and the compelling argument to accept the version, what we are headed for is a House because the House understood Senate version. veto and a protracted fight over the that we are the only jurisdiction in the Mr. Speaker, I yield 8 minutes to the smallest appropriation consisting al- United States that does not have a gentlewoman from the District of Co- most entirely of locally raised revenue. State college system, a State univer- lumbia (Ms. NORTON). This would be an absurd fight this late sity system. So that now our young- Ms. NORTON. Mr. Speaker, I thank in the year because it would be a fight sters can go to State colleges for low the gentleman for yielding me this over D.C.’s balanced budget with a sur- in-state college tuition fees. time. I appreciate his comments. plus. Why underfund in the second year, First, let me indicate that what I am The Senate version, of course, has the upcoming year, when we have re- going to say now has the sign-off of the riders we deplore but it bears us a fight ceived such an outpouring of young Mayor and the Chair of the city coun- over controversial language that are people taking advantage, more than cil, who want us to support the motion the pet concerns of this Member and 3,000 youngsters going all over the that Member who in the House cannot to instruct so that D.C. can get its United States? It is mean spirited to wait for the D.C. appropriation because money and we can recede to the Senate underfund that, especially since the it allows them to undemocratically bill. money for it is there in the President’s micromanage their views into the ap- D.C. General Hospital has been taken budget. propriation of a local jurisdiction, It is time to acknowledge the giant care of in the Senate bill. There is going against all of the philosophy of steps that the District has taken with some money that can be moved, if nec- devolution that is spouted by the other its new reform mayor, Tony Williams, essary, to assist the transition, with side daily on this floor. and its completely revitalized City very severe limits on it; and D.C., of Is it worth the fight to get their lit- Council that does tough oversight all course, can no longer fund the hospital tle curlicue in their budget and then the time. They did their homework. We above and beyond the appropriated have it vetoed by the President? I do found no fault with their budget. amount. That has been fully taken care not think so. The delay into the fiscal year has al- of in the House. Usually funds have not held up the ready hurt the City’s priorities. As I The Senate budget as to D.C. appropriations since most of the speak, 175 police cannot be hired. As I securitization of the tobacco settle- money comes from D.C. and D.C. sub- speak, we cannot put money into an ment, D.C. would have desired that. mits balanced budgets. Not this time. after-school program to take our kids b 1045 This appropriation is being held up off the street during the high crime largely because of a $35 million dispute But the necessity to get this bill hours between 3 and 6. And the only in a $2 trillion budget. That is what done is overriding, and the mayor and reason is because this body has decided this House is all about. to hold our budget up, our balanced the City Council are asking our col- Now, understand that this dispute in- leagues on both sides to support the budget, and we cannot move ahead on volves priorities that were funded in anything new until they let our budget motion to instruct. the President’s budget and that the The Senate bill is tough on the Dis- go. District cannot do without. So that Is it worth it to put their own signa- trict, tougher than necessary, but it is means a fight, too. They have a fight ture on somebody else’s budget when a fair bill. It forces me to swallow hard. on their hands. Do they want a fight? they have done their homework? Let There are major attachments on that Do they want to stick around and the District budget go. bill reflecting the views of this House fight? They are going to get their fight. Mr. ISTOOK. Mr. Speaker, I yield as well as the Senate. There is a major Because we have got to get that Metro myself such time as I may consume. violation of home rule right in our station. Mr. Speaker, let me, as part of my re- face. D.C. has come up with a third of the sponse to some things that have been Congressional review of the Chief Fi- money. As far as the Metro station, claimed, take issue with this idea that nancial Officer before that nomination one of our business people has written supposedly the bill consists almost en- becomes effective even after hearings an extraordinary piece in the Wash- tirely of local funds. and confirmation by the Council, a to- ington Post saying he simply cannot In this bill, of the total of about $5.5 tally unnecessary, horrible violation of believe that, with the millions of dol- billion in operating expenses in the home rule. And if the mayor and the lars he is pouring into the District, bill, about $3 billion of it is raised lo- City Council are willing to let that go that the Congress would not let this cally, about $2 billion of it is different without a fight and a veto, I think it Metro station go. It is key to the revi- Federal grant programs that comes says a lot about the urgency of passing talization of the entire northeast quad- from the Federal Government; and this bill because I am going to have rant of the city, to the city’s economy then over $400 million of it is direct ap- something to say about what the spe- itself, which is just rebounding from propriation of Federal funds to the Dis- cific injury is to the District in holding insolvency. trict of Columbia. this bill longer. We cannot put any more of our I do not consider $2.5 billion of Fed- The Senate bill requires the District money into it. The control board has eral money or $400 million of appro- to pay back in 1 year amounts taken certified that it does not have more of priated money—and of course it ex- from its emergency reserves for emer- its money to put into it. That is going ceeds that $400 million—I do not con- gencies, and that becomes very dif- to hold this bill up. We are not going to sider that to be small potatoes. I con- ficult for us because it is a city recov- give up without that Metro stop. If my sider that to be a lot of taxpayers’ ering from insolvency. If we take an colleagues want to hang around and money. amount from the reserves, the District fight over it, they got themselves a We do not have that kind of direct asks that we have 3 years to pay it fight. appropriation to my hometown. It does

VerDate 02-OCT-2000 00:59 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.038 pfrm01 PsN: H04PT1 H8750 CONGRESSIONAL RECORD — HOUSE October 4, 2000 not go to Oklahoma City. It does not and others in Washington that Con- ference completed very quickly and the go to Sacramento. It does not go to gress is not helping with the New York bill right back out to this Floor so that Minneapolis or St. Paul or even Chi- Avenue Metro station. That is balder- we can take care of the situation, the cago. It goes to Washington, D.C., as dash. timing concern that the gentlewoman the Nation’s Capital because we have a Number one, we funded to the full ex- from the District mentions. We are unique constitutional perspective and tent that we were able to do within the sensitive to that. We are trying to mandate regarding the Nation’s Cap- amount of money that had been allo- move as quickly as we can. But the ital. Otherwise, we would not have this cated in our budget. And secondly, we Senate did not pass its bill until last bill, we would not have a District ap- have said from the beginning that we week, until last Thursday night. The propriation. expected when we got to the conference House acted long before that. We have Ms. NORTON. Mr. Speaker, will the with the Senate that the Senate would been waiting on the Senate. Now that gentleman yield? have a higher number that would en- the Senate has acted, we are able to go Mr. ISTOOK. I yield to the gentle- able us to add the extra money for the to conference, and finish up these de- woman from the District of Columbia. New York Avenue Metro station, which tails and get it right back here to the Ms. NORTON. Mr. Speaker, just for is exactly what is happening. House floor. We expect to have this the record, I want the gentleman to I really think it is sad to see this ef- done quickly. know that, of the $2 billion that the fort to demagogue and say, ‘‘Oh, they Mr. Speaker, I oppose the motion to gentleman has referenced, only $400 are not trying to help on this signifi- instruct conferees. As I said in my ear- million of that is for direct Federal cant project,’’ because we have from lier statement, it is going to blow holes funding, but most of it is for the kind day one and that has been the plan all in the District’s budget. It is going to of grants they do not appropriate for along that the extra money would be create a lot more problems than it anybody else in the first place. received in an allocation when we got might ever solve. I oppose the motion Mr. ISTOOK. Mr. Speaker, reclaim- to conference so that we would be able to instruct and ask Members to oppose ing my time, that is not accurate. The to do that. the motion. $2 billion in grants and such is in addi- Also a false argument has been made Mr. Speaker, I reserve the balance of tion to the $414 million that the House saying, ‘‘Oh, they are not taking care my time. appropriated. So the total of those is of the college tuition program.’’ My Mr. MORAN of Virginia. Madam approximately $2.5 billion. And then we goodness, we established that program Speaker, I yield myself such time as I have the local funds of about $3 billion. in this bill last year with bipartisan may consume. This is significant taxpayers’ money. support, as the gentlewoman mentions, Let me just elaborate on a few of the Whether the figure is $2.5 billion, $2 bil- and we have funded every penny that comments that the gentlewoman who lion, or $400 million, I do not think any the program required plus a cushion of represents the District of Columbia of us should say to the taxpayer with a about 15 percent. made. First of all, we have an oppor- straight face that that is not much I recognize some people want to ex- tunity to get the District of Columbia money and this Congress should not be pand the program and, therefore, they appropriations bill passed. We have concerned about it and just let it go. want more money or they want the only got two out of 13 appropriation We should be concerned. amount that was originally projected Now, the Senate bill has more than bills done now. Finally we would get a to be needed until they found out how third, with 10 to go. the $414 million. They have $448 mil- many students were actually partici- The second point she made is we are lion. And that is what we have been pating and we knew then what the ac- only asking for $34 million more. Now, working to reconcile. tual number was rather than going we just passed an energy and water ap- Now, I think a false illusion, and it with an estimate that was done a year propriations bill that was $880 million has been fascinating in this process, or more in advance. We funded the need over the budget request. I would not Mr. Speaker, to see efforts to create a and then some. But some people say, want to suggest that a lot of that is false illusion as though the House were ‘‘Oh, they have got to give us more pork, but I would suggest to the people not trying to work, for example, on than that because we created a number who are watching this that they may this New York Avenue Metro station in advance that we projected would be want to look at some of the composi- project. The problem is, we do not get necessary and we are wearing blinders tion of that bill. We passed a defense money from the President’s budget. as to what the actual needs of the pro- appropriations bill. It was $1.4 billion I realize that Members of his own gram are.’’ less for military readiness that the party can stand up here and say, ‘‘Oh, Nevertheless, because the funds that President requested, yet there is $9 bil- my goodness, they are not doing what go into that college tuition program lion more for weapons programs, pri- the President’s budget says.’’ Well, if remain available for future years and marily manufactured in majority all we need is the President’s budget, cannot be used for any other purpose Members’ districts. we do not need a House of Representa- we are going to increase the funding tives and we do not need a Senate; just for that program. I think what we will We are going to go through a number let the President call all the shots and end up doing is provide funding in ad- of appropriation bills in the last few act accordingly. vance for some of the college tuition days of this term, and all of them are The President does not give us that will not be spent until more than going to see major increases, increases money. The money comes from the tax- a year from now. that make this D.C. bill dwarf by com- payers. And we have budgets within That has been the situation all along. parison. I mean, when we are talking the House and within the Senate. We Yet some people try to create an illu- about the District of Columbia bill do not say we can spend as much sion that there has been a different ap- compared to other bills, these numbers money as the President says we can proach toward the college tuition or would get lost in the rounding. We are spend. We are only allowed to spend as towards the New York Avenue Metro asking for $34 million is all, and that much money as the House says can be station. just brings it up to the budget request. spent if it should be spent. Let me make a third point that the b And this nonsense about saying, ‘‘Oh, 1100 gentlewoman did not discuss and, that they have not done what the Presi- The bill that we have before us is, with regard to the prerogatives that dent’s budget says;’’ we do not always should be resolved very soon. We have we assume for our own congressional agree with the President. That may be been working with the gentleman from district. We have been adding programs a surprise to some people. Maybe they Virginia (Mr. MORAN), we have been that benefit our district. That is part always do. But I do not always agree, working with the gentlewoman from of our job. Whether they fit within the and I try in good faith to work with ev- the District of Columbia (Ms. NORTON), original budget resolution or not, we eryone and work these differences out. we have been working with the admin- are going to do the best we can for our As we have said throughout the proc- istration, and we certainly have been district. But in addition to that, we ess, it is really sad to see this effort to working with the Senate. We expect jealously guard our district from let- try to say to the business community that we are going to have this con- ting any other Members mess around

VerDate 02-OCT-2000 01:52 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.050 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8751 with it because we know our district went to the White House and said, ‘‘We exchange program, saying simply that best. We know what our priorities are. are funding two-thirds of the Metro we are going to place a higher priority Imagine, I would ask my colleagues, stop, can the Federal Government put on children than we are on drug users. consider how you would feel if the rest in one-third?’’ What this chairman has We were going to take the very same of your colleagues were telling you done is to take a good part of that language in the bill, we have the very what you ought to be doing for your money and reallocate it to where he same language as what the District of congressional district, what you ought thinks the money should go, or else he Columbia City Council has determined to be doing to your congressional dis- would not have had any money to play as a drug-free school zone, and we ap- trict. We would never tolerate this around with at all. We do not agree plied that to the program that gives kind of scrutinizing, this kind of bash- with him. It is our city. needles to drug abusers. They will then ing in some ways, all this kind of He is for some of the money, for ex- take these needles and they inject ille- micromanaging. The gentlewoman ample, into the arboretum which is in gal drugs into their veins. Now, there from the District of Columbia is say- the appropriation of the agriculture have been quite a few studies about the ing, weighing all the priorities, under- committee. We are asking that the program, and what we have found is standing my district better than any of money that was added to the D.C. ap- that in the area where needles are dis- you do, and we know that that is the propriation, funded in the President’s tributed, there are drug pushers, there truth, what she wants is for us to re- budget, be used for the purpose he are obviously drug users, and there are cede to the Senate, get this bill passed, funded it for and not be used for the areas where the police have had to stay we are already past the beginning of purposes the gentleman wants it fund- away by their own accord in order to the fiscal year, let the District of Co- ed for. He would not have had it to deal let the program go so that we can give lumbia get its appropriation bill and with at all if we had not gone to the these needles to people who illegally let it go about its business. That is all White House. I ask him to respect the use drugs. she is asking. reason the money was put in there, and All we were trying to do in this bill I am asking my colleagues, do noth- it was the Metro stop and the other was to restrict the area where these ing more but nothing less than we functions that we have mentioned. needles were distributed. The amend- would do for our own congressional dis- Finally, I say to my colleagues, it is ment that was cut out by the Senate tricts. Put yourselves in the gentle- not fair to you to ask you to vote did not exclude the program at all. It woman from the District of Columbia’s against the motion to instruct because exists on private funds today. But shoes. If you were representing the Dis- you will engage in a futile exercise. If there are 10 distribution points in the trict of Columbia, what would you ex- you vote against the motion to in- District of Columbia. Six of them are pect your colleagues to do? What we struct, you are voting for overtime on within the area known as a drug-free would expect our colleagues to do is to the smallest appropriation. You are school zone. Some of them are as close recede to the Senate, to get the bill guaranteed a fight on that appropria- as across the street from where chil- passed but most importantly to listen tion, I promise you that. dren in the District of Columbia attend to us, to take our advice on our con- Mr. ISTOOK. Madam Speaker, I yield school. So the Senate has made a gressional district. 6 minutes to the gentleman from Kan- choice, and it is now supported in this Madam Speaker, I yield 3 minutes to sas (Mr. TIAHRT), a member of the sub- motion to instruct to place a higher the gentlewoman from the District of committee. priority on drug users than on the chil- Columbia (Ms. NORTON) to respond to Mr. TIAHRT. Madam Speaker, I rise dren, a very disturbing thought. We the gentleman from Oklahoma’s com- in opposition to this motion to in- should place the children in the Dis- ments, and then we will summarize our struct, because I think it goes back on trict of Columbia in a higher priority motion. some very important priorities that than we do drug users. Ms. NORTON. Madam Speaker, there are in this bill the way it currently is The Senate has gone on to take other are two points on which I simply must and that the Senate has avoided. There very vital services and completely take exception to the remarks of the are things that were excluded in this strike them out. They struck a hotline Chair of the subcommittee when he bill that I think are important to the service that exists here in the District talks about the $6 billion budget and States that surround the District of of Columbia. There are people in our says almost $4 billion of it is from the Columbia, and yet we are willing to society that are in dire need, they are District and about $2 billion of it is make an island under the Senate in dire straits or in a difficult time and from the Federal Government. Most of version, an island here in the District in the District of Columbia today you that $2 billion would never have come of Columbia on some important legisla- can call an 800 number and the people here until recently. In all of the years tion such as an amendment presented on that hotline will not let you off the that the District budget came, Federal by the gentleman from California (Mr. phone until they connect you with the grants, most of them competitive Fed- BILBRAY). service that will meet your need, until eral grants, were never even included He wanted to restrict, and do it with that is connected, until that connec- in the District budget that came here. some authority, underage smoking. If tion is made. But yet that was struck In recent years it has been and most of you travel across the Potomac to Vir- in this motion to instruct, that whole that money are grants. For example, it ginia, you will find that they have laws area is taken out. The Senate took it includes the transportation money to restrict underage smoking. If you go out, turning our backs on people that that I get for the District out of an- to the east on Highway 50, you drive are truly in need. other appropriation altogether, very into Maryland and you will find that They also struck the money for a large set of money, had nothing to do they have restrictions on underage mentoring service. There are kids in with this appropriation or with this smoking. But yet we are going to cre- the District of Columbia that do not chairman. It is done pursuant to a for- ate an island here under the motion to have much of a future. They are in a mula. And that is included in the $2 instruct for the children in the District single-parent household, some of them billion. That is most of the money he is of Columbia and allow them this under- are living with grandparents, aunts and talking about when he says $2 billion. age smoking, allowing kids to drive uncles, and this mentor organization Let me say what I mean when I say across the bridges or come into the provides an individual to stay with the President put the money in the District of Columbia and have less fear them and meet their needs, if it is budget. This gentleman would not have of buying cigarettes and getting into a going to school to help them with their had $35 million to manipulate to other life-style that will shorten their lives. studies and talk with their teachers, if priorities. If there was not $35 million In addition to that, the Senate has that is going to court with them, if it in the budget, if there were only the made the choice that they are willing is helping them just get the medication money funding the functions that the to risk placing elementary school chil- they need. The mentoring program ac- Federal Government took over, we dren in the proximity of drug users, companies these children to help them would not even be having this discus- people who take illegal drugs and in- get a start in life, to give them a little sion. But the Mayor, the city council ject them into their veins. The House bit of hope in a community that is in Chair, the control board Chair and I version had a restriction on the needle desperate need of hope. Yet the Senate

VerDate 02-OCT-2000 00:59 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.021 pfrm01 PsN: H04PT1 H8752 CONGRESSIONAL RECORD — HOUSE October 4, 2000 and this motion to instruct will com- are linked to injection drug use, and done on this bill, first, we would blow pletely strike that program, leaving three quarters of new HIV infections in a $61 million hole in the District’s these children without the help that children are the result of injection budget because we would not have the they need. drug use by a parent. Why would we language that was intended to be put They also went on to cut other grass- pass up the opportunity to save a in and will be put in the conference roots community organizations, and child’s life by shutting down programs agreement to enable the District to $500,000 for a cleanup. We heard a lot of that work? issue securities against the revenue talk about how the Metro stop is more Although AIDS deaths have declined they expect from the tobacco settle- important than these programs and in recent years as a result of new treat- ment and that the District is counting that we have taken money, ments and improved access to care, on in this budget this year. So we reprioritized it through the Senate, HIV/AIDS remains the leading cause of would cut out that $61 million and blow through this motion to instruct, for a death among African American males a hole in their budget. Metro stop, but we have overlooked im- age 25 to 44 in the District. In spite of I do not know where they would try portant things in this community. We these statistics, this amendment that to make it up. If we were to adopt the have overlooked these children, we is contained in the House bill attempts gentleman’s motion, we would also re- have overlooked the hotline service, we to shut down programs that the local move the public-private effort, not have overlooked a program that just is community has established to reduce only to work with public housing but trying to restrict where we distribute new HIV infections. to work with the residents of public needles to drug abusers. We have prob- This Congress should be supporting housing to improve their employment, lems in the hospital, overlooked by the decisions that the local commu- which is part of the project of the this motion to instruct, a hospital that nities make about their health care Washington Interfaith Network that has twice as many employees than and the health care of their people, not the House version funds but the Senate they need, completely overlooked, and limiting local control. Numerous version does not. half a million dollars for an environ- health organizations, including the Also, were we to adopt the Senate mental cleanup, overlooked because we American Medical Association, the version, we would cut out the funding want to change it to a Metro stop. I American Public Health Association, that the House has to help teenagers, think the Metro stop is needed. I think have concluded that needle exchange young women, in the District to pro- we need some upgrades there. But to programs are effective. mote abstinence, to try to stop the place that at a higher priority than the Madam Speaker, in addition, at my major problem with teenage pregnancy children of this community I think is request, the Surgeon General’s office and sex and the difficulty it leads to wrongheaded, wrongminded. I think it has prepared a review of all peer re- for so many people. We would cut out is the wrong direction. viewed scientific studies of needle ex- that funding if we were to adopt the I would suggest that we vote against change programs over the past 2 years, gentleman’s motion. this motion to instruct and that we and they also conclusively found that Also under the gentleman’s motion, keep the House version of what was needle exchange programs reduce HIV we would remove millions of dollars passed here. It makes more sense, it is transmission and do not increase drug from the drug testing and drug treat- more compassionate, and it is the right use. ment program that is a major effort to thing to do. Madam Speaker, the President will reduce crime in the District of Colum- veto this bill in the present form. If we bia. We would cut that out if we were b 1115 support the motion to instruct, we will to adopt the gentleman’s motion. Mr. MORAN of Virginia. Madam be able to send this bill to the Presi- Madam Speaker, the things that were Speaker, I yield 3 minutes to the dis- dent and have it signed into law. Here mentioned by the gentlewoman from tinguished gentlewoman from Cali- we are past the date of the end of the the District of Columbia (Ms. NORTON) fornia (Ms. PELOSI). fiscal year, and we still have 11 appro- as I tried to make clear throughout, we Ms. PELOSI. Madam Speaker, I priation bills out there. always expected, and it is the intention thank the gentleman for yielding me I just want to take another moment in the conference, that more funds are the time and thank the gentleman also to go back, to the needle exchange pro- now being made available to the House, for his great leadership on behalf of the gram. Since the inception of the needle which is the amount that we were District of Columbia making decisions exchange program in the District of counting on to provide the full re- for itself. Columbia in the latter half of 1996 quested funding on the New York Ave- I also want to commend the distin- through 1999, the number of new IDU nue Metro station. That has been the guished gentlewoman from the District cases has fallen more than 65 percent plan all along, that is what is hap- of Columbia (Ms. NORTON) for her tire- from some 396 in 1996 to 139 in 1997, pening; but we did not have the money less leadership on behalf of the people which represents the most significant available to us in the House in our sub- of the District and on behalf of the peo- decline in new AIDS cases across all committee previously. ple of our country, because the prin- transmission categories over this 4- It was not that we had the money ciple of local control over some of year period. and spent it elsewhere, we did not have these decisions is one that serves us all Madam Speaker, I urge my col- the money. And we were going to say well in this country. leagues to support the motion to in- we are going to wipe out everything Madam Speaker, I rise in strong sup- struct. else, because we knew what was going port of the motion to instruct offered Mr. ISTOOK. Madam Speaker, if I to happen, and it has happened with or by my colleagues, the gentleman from may inquire of the gentleman from without adopting the motion of the Wisconsin (Mr. OBEY) and the gen- Virginia (Mr. MORAN), would it be gentleman from Virginia (Mr. MORAN), tleman from Virginia (Mr. MORAN). agreeable if I take 2 minutes to close, the bill, when it finally goes to the The House bill that this body voted then the gentleman take 2 minutes to President’s desk, will have the full on earlier unfortunately included sev- close? funding for the New York Avenue eral riders that would interfere with Mr. MORAN of Virginia. Madam Metro station and the full funding for the District of Columbia’s ability to Speaker, I think I may get wound up a the college tuition program, because serve its citizens. Among these riders little more. Madam Speaker, let us any excess in that program would just is the Tiahrt amendment, a bill that yield ourselves at least 3 minutes for be carried through to the next year would kill the District’s needle ex- this. anyway. change programs, which have been Mr. ISTOOK. Madam Speaker, I yield We have tried to make that clear. proven effective in reducing the num- myself 3 minutes. That is not an issue. That is not an ber of new HIV infections in the Dis- Madam Speaker, I think it is impor- issue whatsoever. In the conference re- trict and in this country, especially tant to remember that were we to port, those are the things that we in- among children. adopt the motion of the gentleman tend to do, but let us not undo the Think about the children. Approxi- from Virginia (Mr. MORAN) and just ac- work of the House of Representatives. mately half of all new HIV infections cept everything that the Senate has We had amendments that this House

VerDate 02-OCT-2000 01:52 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.025 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8753 adopted by voice vote, because the sup- ideologues. I should not characterize The Sergeant at Arms will notify ab- port was so firm. We had an amend- the Senate. sent Members. ment by the gentleman from California Mr. ISTOOK. Madam Speaker, will The SPEAKER pro tempore. The (Mr. BILBRAY) for example that was the gentleman yield? Chair will reduce to 5 minutes the elec- adopted in this House by 265 votes, very Mr. MORAN of Virginia. I yield to tronic vote on the motion to suspend strong, very bipartisan votes that the the gentleman from Oklahoma. the rules and pass the bill, H.R. 5212, as gentleman’s motion would wipe out. Mr. ISTOOK. Madam Speaker, the amended, immediately following this I urge defeat of the motion to in- gentleman mentioned the effort of the vote. struct conferees, so we can very, very Senate. I was watching, and perhaps The vote was taken by electronic de- quickly go to conference, get these the gentleman was, when the Senate vice, and there were—yeas 190, nays issues resolved and bring the confercne brought the bill up. Is the gentleman 219, not voting 24, as follows: agreement right back to this floor. aware the consideration the Senate [Roll No. 510] Madam Speaker, I yield back the bal- gave to this bill on the floor when they YEAS—190 ance of my time. brought it up and passed it in about 30 Abercrombie Gordon Napolitano Mr. MORAN of Virginia. Madam seconds? That was the extent of the Ackerman Green (TX) Neal Speaker, I yield myself such time as I consideration, literally 30 seconds. Allen Greenwood Oberstar may consume. Mr. MORAN of Virginia. Reclaiming Andrews Gutierrez Obey I would say to the gentleman from Baird Hall (OH) Olver my time, Madam Speaker, I am very Baldacci Hill (IN) Ortiz Oklahoma (Chairman ISTOOK), that grateful for the gentleman for making Baldwin Hilliard Owens while some of the points are valid with note of that, because I think that is ex- Barcia Hinchey Pallone regard to the House bill and the Senate actly what we should be doing here. Barrett (WI) Hinojosa Pascrell Becerra Hoeffel Pastor bill, the conclusion is not one we could These are bills that were requested Bentsen Holt Payne agree with. by the White House because they came Berkley Hooley Pelosi Let me respond to some of the points from the District of Columbia City Berman Inslee Peterson (MN) that have been made by the gentleman Council, the Mayor, the financial con- Berry Jackson (IL) Pomeroy Bishop Jackson-Lee Porter from Oklahoma (Chairman ISTOOK) and trol board agreed to them. So this is a Blagojevich (TX) Price (NC) by my colleague, the gentleman from budget that already has been scruti- Blumenauer Jefferson Rahall Kansas (Mr. TIAHRT). nized. I do not know why we need to Bonior John Rangel My colleague, the gentleman from Borski Johnson, E. B. Reyes take more than 30 seconds. This is the Boswell Jones (OH) Rivers Kansas (Mr. TIAHRT), suggested that in District’s bill. It makes sense. It is a Boucher Kanjorski Rodriguez some way the Senate bill shortchanges responsible bill. Boyd Kaptur Rothman youth programs, and yet the Senate We want to get our appropriations Brady (PA) Kennedy Roybal-Allard Brown (OH) Kildee Rush bill adds $500,000 for a new community bills done. It is after October 1. We Capps Kilpatrick Sabo center for homeless runaway at-risk have a terrific chairman, the gen- Capuano Kind (WI) Sanchez youth. The Senate bill adds another tleman from Oklahoma (Mr. ISTOOK), Cardin Kleczka Sanders $250,000 to enhance reading skills of Carson Kucinich Sandlin and the gentleman from Florida (Mr. Clay LaFalce Sawyer District public school students. YOUNG), chairman of the Committee on Clayton Lampson Schakowsky There is a whole list of programs Appropriations, he wants to get our Clement Lantos Scott that the Senate bill has that I know work done. He is upset. And it is past Clyburn Larson Serrano Condit Lee Sherman that the gentleman from Kansas (Mr. October 1. The fiscal year has begun. Conyers Levin Sisisky TIAHRT) and the gentleman from Okla- We have an opportunity to get a bill Coyne Lewis (GA) Slaughter homa (Mr. ISTOOK) would not object to, passed that the Senate agrees to, that Cramer Lipinski Smith (WA) but these are good programs that are Crowley Lofgren Snyder the White House will sign. We are only Cummings Lowey Spratt not in the House bill. talking about $34 million that was Danner Luther Stabenow The main thing that I have to take within the budget request. We are prob- Davis (FL) Maloney (NY) Stark issue with is that the gentleman from ably going to go $25 billion over our Davis (IL) Markey Stenholm DeFazio Mascara Strickland STOOK Oklahoma (Mr. I ) and the gen- budget resolution. Here we are talking DeGette Matsui Stupak tleman from Kansas (Mr. TIAHRT) have $34 million. We can get this bill out of Delahunt McCarthy (MO) Tanner suggested that the House bill takes a the way. Let us get our job done. The DeLauro McCarthy (NY) Tauscher more responsible approach to some of Deutsch McDermott Thompson (CA) chairman has worked so hard, we ought Dicks McGovern Thompson (MS) these difficult issues that we have been to let him get his job done. Dingell McKinney Thurman wrestling with, and I do not think that Let us not mess around with these Dixon McNulty Tierney is the case. tangential issues, these ideological Doggett Meek (FL) Towns I would remind both the gentleman Dooley Meeks (NY) Turner issues. Let us let the citizens of the Doyle Menendez Udall (CO) from Oklahoma (Mr. ISTOOK) and the District of Columbia decide what is in Edwards Millender- Udall (NM) gentleman from Kansas (Mr. TIAHRT) their best interests, let us recede to the Engel McDonald Velazquez and anyone who does not think that Senate, let us get this appropriations Etheridge Miller, George Visclosky Evans Minge Waters the Senate bill is a responsible bill that bills signed, get our work done. Farr Mink Watt (NC) it passed the Senate unanimously, Madam Speaker, I yield back the bal- Fattah Moakley Waxman unanimously. ance of my time. Filner Mollohan Weiner Madam Speaker, with regard to this Ford Moore Wexler The SPEAKER pro tempore. Without Frank (MA) Moran (VA) Weygand needle exchange program, the Senate objection, the previous question is or- Frost Morella Woolsey bill that we are asking my colleagues dered on the motion. Gejdenson Murtha Wu to accept and that the gentlewoman There was no objection. Gonzalez Nadler Wynn from the District of Columbia (Ms. The SPEAKER pro tempore. The NAYS—219 NORTON) is willing to accept says we question is on the motion to instruct Aderholt Blunt Castle cannot use any Federal funds for nee- offered by the gentleman from Virginia Archer Boehlert Chabot dle exchange programs. We cannot use (Mr. MORAN). Armey Boehner Chambliss Bachus Bonilla Chenoweth-Hage any local funds for needle exchange The question was taken; and the Baker Bono Coble programs. We cannot use any public Speaker pro tempore announced that Ballenger Brady (TX) Coburn funds for needle exchange program. It the ayes appeared to have it. Barr Bryant Collins is pretty tough language. But it is in Mr. ISTOOK. Madam Speaker, I ob- Barrett (NE) Burr Combest Bartlett Burton Cook the bill. And to suggest, as my friend, ject to the vote on the ground that a Barton Buyer Cooksey the gentleman from Kansas (Mr. quorum is not present and make the Bass Callahan Costello TIAHRT), suggested that somehow the point of order that a quorum is not Bereuter Calvert Cox Biggert Camp Crane Senate is taking too liberal an ap- present. Bilbray Campbell Cubin proach here, I do not think that the The SPEAKER pro tempore. Evi- Bilirakis Canady Cunningham Senate is some cabal of left-wing dently a quorum is not present. Bliley Cannon Davis (VA)

VerDate 02-OCT-2000 01:52 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.052 pfrm01 PsN: H04PT1 H8754 CONGRESSIONAL RECORD — HOUSE October 4, 2000 Deal Kelly Ros-Lehtinen VETERANS’ ORAL HISTORY Maloney (CT) Phelps Snyder DeLay Kingston Roukema Maloney (NY) Pickering Souder DeMint Knollenberg Royce PROJECT ACT Manzullo Pickett Spence Diaz-Balart Kolbe Ryan (WI) The SPEAKER pro tempore. The un- Markey Pitts Spratt Dickey Kuykendall Ryun (KS) Martinez Pombo Stabenow Doolittle LaHood Salmon finished business is the question of sus- Mascara Pomeroy Stark Dreier Largent Sanford pending the rules and passing the bill, Matsui Porter Stearns Duncan Latham Saxton H.R. 5212, as amended. McCarthy (MO) Portman Stenholm Dunn LaTourette Scarborough The Clerk read the title of the bill. McCarthy (NY) Price (NC) Strickland Ehlers Leach Schaffer McCrery Pryce (OH) Stump Ehrlich Lewis (CA) Sensenbrenner The SPEAKER pro tempore. The McDermott Quinn Stupak Emerson Lewis (KY) Sessions question is on the motion offered by McGovern Radanovich Sununu Everett Linder Shadegg the gentleman from Utah (Mr. HANSEN) McHugh Rahall Talent Ewing LoBiondo Shaw McInnis Ramstad Tancredo Fletcher Lucas (KY) Shays that the House suspend the rules and McIntyre Rangel Tanner Foley Lucas (OK) Sherwood pass the bill, H.R. 5212, as amended, on McKeon Regula Tauscher Forbes Maloney (CT) Shimkus which the yeas and nays are ordered. McKinney Reyes Tauzin Fowler Manzullo Shows This is a 5-minute vote. McNulty Reynolds Taylor (MS) Frelinghuysen Martinez Shuster Meek (FL) Rivers Taylor (NC) Gallegly McCrery Simpson The vote was taken by electronic de- Meeks (NY) Rodriguez Terry Ganske McHugh Skeen vice, and there were—yeas 407, nays 0, Menendez Roemer Thomas Gekas McInnis Smith (MI) not voting 26, as follows: Metcalf Rogan Thompson (CA) Gibbons McIntyre Smith (NJ) Mica Rogers Thompson (MS) Gilchrest McKeon Smith (TX) [Roll No. 511] Millender- Rohrabacher Thornberry Gillmor Metcalf Souder YEAS—407 McDonald Ros-Lehtinen Thune Gilman Mica Spence Miller (FL) Rothman Thurman Goode Miller (FL) Stearns Abercrombie Costello Hall (OH) Miller, Gary Roukema Tiahrt Goodlatte Miller, Gary Stump Ackerman Cox Hall (TX) Miller, George Roybal-Allard Tierney Goodling Moran (KS) Sununu Aderholt Coyne Hansen Minge Royce Toomey Goss Myrick Talent Allen Cramer Hastings (WA) Mink Rush Towns Graham Nethercutt Tancredo Andrews Crane Hayes Moakley Ryan (WI) Traficant Granger Ney Tauzin Archer Crowley Hayworth Mollohan Ryun (KS) Turner Green (WI) Northup Taylor (MS) Armey Cubin Herger Moore Sabo Udall (CO) Gutknecht Norwood Taylor (NC) Bachus Cummings Hill (IN) Moran (KS) Salmon Udall (NM) Hall (TX) Nussle Terry Baird Cunningham Hill (MT) Moran (VA) Sanchez Upton Hansen Ose Thomas Baker Danner Hilliard Morella Sanders Velazquez Hastings (WA) Oxley Thornberry Baldacci Davis (FL) Hinchey Murtha Sandlin Visclosky Hayes Packard Thune Baldwin Davis (IL) Hinojosa Myrick Sanford Vitter Hayworth Pease Tiahrt Ballenger Davis (VA) Hobson Nadler Sawyer Walden Herger Peterson (PA) Toomey Barcia Deal Hoeffel Napolitano Saxton Walsh Hill (MT) Petri Traficant Barr DeFazio Hoekstra Neal Scarborough Wamp Hobson Phelps Upton Barrett (NE) DeGette Holden Nethercutt Schaffer Waters Hoekstra Pickering Vitter Bartlett Delahunt Holt Ney Schakowsky Watkins Holden Pickett Walden Barton DeLauro Hooley Northup Scott Watt (NC) Horn Pitts Walsh Bass DeLay Horn Norwood Sensenbrenner Watts (OK) Hostettler Pombo Wamp Becerra DeMint Hostettler Nussle Serrano Waxman Hulshof Portman Watkins Bentsen Deutsch Hulshof Oberstar Sessions Weiner Hunter Pryce (OH) Watts (OK) Bereuter Diaz-Balart Hunter Obey Shadegg Weldon (FL) Hutchinson Quinn Weldon (FL) Berkley Dickey Hutchinson Olver Shaw Weldon (PA) Hyde Radanovich Weldon (PA) Berman Dicks Hyde Ortiz Shays Weller Isakson Ramstad Weller Berry Dingell Inslee Ose Sherman Wexler Istook Regula Whitfield Biggert Dixon Isakson Owens Sherwood Weygand Jenkins Reynolds Wicker Bilbray Doggett Istook Oxley Shimkus Whitfield Johnson (CT) Roemer Wilson Bilirakis Dooley Jackson (IL) Packard Shows Wicker Johnson, Sam Rogan Wolf Bishop Doolittle Jackson-Lee Pallone Shuster Wilson Jones (NC) Rogers Young (AK) Blagojevich Doyle (TX) Pascrell Simpson Wolf Kasich Rohrabacher Young (FL) Bliley Dreier Jefferson Pastor Sisisky Woolsey Blumenauer Duncan Jenkins Payne Skeen Wu NOT VOTING—24 Blunt Dunn John Pease Slaughter Wynn Baca Hefley McIntosh Boehlert Edwards Johnson (CT) Pelosi Smith (MI) Young (AK) Brown (FL) Hilleary Meehan Boehner Ehlers Johnson, E. B. Peterson (MN) Smith (NJ) Young (FL) English Houghton Paul Bonilla Ehrlich Johnson, Sam Peterson (PA) Smith (TX) Eshoo Hoyer Riley Bonior Emerson Jones (NC) Petri Smith (WA) Bono Engel Jones (OH) Fossella King (NY) Skelton NOT VOTING—26 Franks (NJ) Klink Sweeney Borski Etheridge Kanjorski Gephardt Lazio Vento Boswell Evans Kaptur Baca Hastings (FL) McIntosh Hastings (FL) McCollum Wise Boucher Everett Kasich Barrett (WI) Hefley Meehan Boyd Ewing Kelly Brown (FL) Hilleary Paul Brady (PA) Farr Kennedy b Clayton Houghton Riley 1151 Brady (TX) Fattah Kildee English Hoyer Skelton Brown (OH) Filner Kilpatrick Mrs. BONO and Messrs. RADANO- Eshoo King (NY) Sweeney Bryant Fletcher Kind (WI) Fossella Klink Vento VICH, HORN, BACHUS, HOLDEN, Burr Foley Kingston Franks (NJ) Lazio Wise SMITH of Texas, EWING and LUCAS of Burton Forbes Kleczka Gephardt McCollum Kentucky changed their vote from Buyer Ford Knollenberg Callahan Fowler Kolbe b 1201 ‘‘yea’’ to ‘‘nay’’. Calvert Frank (MA) Kucinich Ms. MILLENDER-MCDONALD and Camp Frelinghuysen Kuykendall So (two-thirds having voted in favor Messrs. OWENS, ORTIZ, and GREEN- Campbell Frost LaFalce thereof) the rules were suspended and Canady Gallegly LaHood WOOD changed their vote from ‘‘nay’’ the bill, as amended, was passed. Cannon Ganske Lampson The result of the vote was announced to ‘‘yea’’. Capps Gejdenson Lantos Capuano Gekas Largent as above recorded. So the motion to instruct was re- A motion to reconsider was laid on jected. Cardin Gibbons Larson Carson Gilchrest Latham the table. The result of the vote was announced Castle Gillmor LaTourette f as above recorded. Chabot Gilman Leach A motion to reconsider was laid on Chambliss Gonzalez Lee PERSONAL EXPLANATION Chenoweth-Hage Goode Levin the table. Clay Goodlatte Lewis (CA) Mr. RILEY. Mr. Speaker, I was unavoidably The SPEAKER pro tempore (Mrs. Clement Goodling Lewis (GA) detained for rollcall No. 510, a bill instructing BIGGERT). Without objection, the Chair Clyburn Gordon Lewis (KY) conferees on H.R. 4942, the District of Colum- Coble Goss Linder appoints the following conferees: Coburn Graham Lipinski bia Appropriations Act for Fiscal Year 2001. Messrs. ISTOOK, CUNNINGHAM, TIAHRT, Collins Granger LoBiondo Had I been present I would have voted ``nay.'' ADERHOLT, Mrs. EMERSON, and Messrs. Combest Green (TX) Lofgren Mr. Speaker, I was unavoidably detained for SUNUNU, YOUNG of Florida, MORAN of Condit Green (WI) Lowey rollcall No. 511, H.R. 5212, the Veterans' Oral Conyers Greenwood Lucas (KY) Virginia, DIXON, MOLLOHAN and OBEY. Cook Gutierrez Lucas (OK) History Project Act. Had I been present I There was no objection. Cooksey Gutknecht Luther would have voted ``yea.''

VerDate 02-OCT-2000 01:52 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.005 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8755 PERSONAL EXPLANATION tomary 30 minutes to the gentleman league from North Carolina has de- Mr. FOSSELLA. Mr. Speaker, I am not re- from Ohio (Mr. HALL); pending which I scribed, this rule provides for 1 hour of corded on rollcall Nos. 510 and 511. I was un- yield myself such time as I may con- general debate to be equally divided avoidably detained and therefore could not sume. During consideration of this res- and controlled by the chairman and vote for this legislation. Had I been present, I olution, all time yielded is for the pur- ranking minority member of the Com- would have voted ``aye'' on both rollcall votes. pose of debate only. mittee on Resources. The rule permits f Madam Speaker, yesterday the Com- amendments under the 5-minute rule. mittee on Rules met and granted an This is the normal amending process in STEENS MOUNTAIN COOPERATIVE open rule for H.R. 4828, the Steens the House. All Members on both sides MANAGEMENT AND PROTECTION Mountain Wilderness Act. The rule of the aisle will have the opportunity ACT OF 2000 waives all points of order against con- to offer germane amendments. Mrs. MYRICK. Madam Speaker, by sideration of the bill. The rule provides The area near Steens Mountain is direction of the Committee on Rules, I for 1 hour of general debate to be home to unique land formations, beau- call up House Resolution 609 and ask equally divided between the chairman tiful lakes, and rare and diverse plants for its immediate consideration. and the ranking minority member of and wildlife. The bill designates wilder- The Clerk read the resolution, as fol- the Committee on Resources. ness areas, wild and scenic rivers, and lows: The rule makes in order as an origi- other management arrangements to H. RES. 609 nal bill for the purpose of amendment preserve the area’s natural resources. Resolved, That at any time after the adop- the Walden amendment in the nature Madam Speaker, this is an open rule, tion of this resolution the Speaker may, pur- of a substitute printed in the CONGRES- it is the normal process, the bill has bi- suant to clause 2(b) of rule XVIII, declare the SIONAL RECORD and numbered 1, which partisan support, and I support the rule House resolved into the Committee of the shall be open for amendment at any and the bill. Whole House on the state of the Union for consideration of the bill (H.R. 4828) to des- point. Madam Speaker, I have no further re- ignate wilderness areas and a cooperative The rule authorizes the Chair to ac- quests for time, and I yield back the management and protection area in the vi- cord priority in recognition to Mem- balance of my time. cinity of Steens Mountain in Harney County, bers who have preprinted their amend- Mrs. MYRICK. Madam Speaker, I Oregon, and for other purposes. The first ments in the CONGRESSIONAL RECORD. have no further requests for time, I reading of the bill shall be dispensed with. The rule allows the chairman of the yield back the balance of my time, and All points of order against consideration of Committee of the Whole to postpone I move the previous question on the the bill are waived. General debate shall be votes during consideration of the bill, confined to the bill and shall not exceed one resolution. hour equally divided and controlled by the and to reduce voting time to 5 minutes The previous question was ordered. chairman and ranking minority member of on a postponed question if the vote fol- The resolution was agreed to. the Committee on Resources. After general lows a 15-minute vote. A motion to reconsider was laid on debate the bill shall be considered for Finally, the rule provides for one mo- the table. amendment under the five-minute rule. In tion to recommit, with or without in- The SPEAKER pro tempore (Mr. lieu of the amendment recommended by the structions. GANSKE). Pursuant to House Resolu- Committee on Resources now printed in the Madam Speaker, H. Res. 609 is a fair tion 609 and rule XVIII, the Chair de- bill, it shall be in order to consider as an and open rule for a noncontroversial original bill for the purpose of amendment clares the House in the Committee of under the five-minute rule the amendment bill. Last year, the Secretary of the In- the Whole House on the State of the in the nature of a substitute printed in the terior told folks in southeastern Or- Union for the consideration of the bill, Congressional Record and numbered 1 pursu- egon that the President might des- H.R. 4828. ant to clause 8 of rule XVIII. That amend- ignate Steens Mountain as a national b 1211 ment in the nature of a substitute shall be monument. Steens Mountain is deserv- considered as read. During consideration of ing of protection, but the local resi- IN THE COMMITTEE OF THE WHOLE the bill for amendment, the Chairman of the dents who live and work in the area be- Accordingly, the House resolved Committee of the Whole may accord priority itself into the Committee of the Whole in recognition on the basis of whether the came worried their livelihoods were in Member offering an amendment has caused danger; that the President would im- House on the State of the Union for the it to be printed in the portion of the Con- pose all sorts of restrictions on land consideration of the bill (H.R. 4828) to gressional Record designated for that pur- use and put them out of business. designate wilderness areas and a coop- pose in clause 8 of rule XVIII. Amendments In response to these concerns, the erative management and protection so printed shall be considered as read. The gentleman from Oregon (Mr. WALDEN) area in the vicinity of Steens Mountain Chairman of the Committee of the Whole decided to work out a compromise so- in Harney County, Oregon, and for may: (1) postpone until a time during further other purposes, with Mrs. BIGGERT in consideration in the Committee of the Whole lution. He brought everyone to the a request for a recorded vote on any amend- table, including the governor of Oregon the Chair. ment; and (2) reduce to five minutes the min- and the Secretary of the Interior, and The Clerk read the title of the bill. imum time for electronic voting on any post- they worked out a compromise which The CHAIRMAN. Pursuant to the poned question that follows another elec- protects the environment and protects rule, the bill is considered as having tronic vote without intervening business, ranching and recreational activities. been read the first time. provided that the minimum time for elec- The entire Oregon delegation, both Under the rule, the gentleman from tronic voting on the first in any series of Democrats and Republicans, support Utah (Mr. HANSEN) and the gentleman questions shall be 15 minutes. At the conclu- from California (Mr. GEORGE MILLER) sion of consideration of the bill for amend- this bill. Indeed, this is how legislation ment the Committee shall rise and report should be done, and the gentleman each will control 30 minutes. the bill to the House with such amendments from Oregon (Mr. WALDEN) deserves The Chair recognizes the gentleman as may have been adopted. Any Member may credit for working hard to write a bill from Utah (Mr. HANSEN). demand a separate vote in the House on any that everyone can support before it Mr. HANSEN. Madam Chairman, I amendment adopted in the Committee of the even reaches the House floor. So I urge yield myself such time as I may con- Whole to the bill or to the amendment in the my colleagues to support this rule and sume. nature of a substitute made in order as origi- Madam Chairman, I rise in support of nal text. The previous question shall be con- to support the underlying legislation. sidered as ordered on the bill and amend- Madam Speaker, I reserve the bal- H.R. 4828, the Steens Mountain Cooper- ments thereto to final passage without inter- ance of my time. ative Management and Protection Act vening motion except one motion to recom- Mr. HALL of Ohio. Madam Speaker, I of 2000. mit with or without instructions. yield myself such time as I may con- Madam Chairman, today we have the The SPEAKER pro tempore (Mrs. sume, and I thank the gentlewoman opportunity to protect Steens Moun- BIGGERT). The gentlewoman from from North Carolina (Mrs. MYRICK) for tain in Oregon, one of the most beau- North Carolina (Mrs. MYRICK) is recog- yielding me the customary time. tiful areas in the West. What brings us nized for 1 hour. This is an open rule. It is a bill to here today is nothing more than the re- Mrs. MYRICK. Madam Speaker, for protect the natural resources near lentless efforts of the gentleman from purposes of debate only, I yield the cus- Steens Mountain in Oregon. As my col- Oregon (Mr. WALDEN) over the past few

VerDate 02-OCT-2000 01:38 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.006 pfrm01 PsN: H04PT1 H8756 CONGRESSIONAL RECORD — HOUSE October 4, 2000 months to draft this consensus legisla- There was no objection. other members of the Oregon delega- tion. The citizens of Oregon are lucky Mr. DEFAZIO. Madam Chairman, I tion later, and the gentleman from to be represented by a man who has yield myself such time as I may con- California (Mr. GEORGE MILLER) I will found a way to preserve the beautiful sume. recognize later. But at this point I area while at the same time respecting Madam Chairman, I really never want to congratulate the gentleman the people’s needs and uses in the thought we would get here today to the from Oregon (Mr. WALDEN), who rep- Steens Mountain area. floor of the House of Representatives resents the district, for the work he H.R. 4828 is the culmination of years adopting consensus legislation on be- has done. of effort to protect this unique area. half of the entire Oregon delegation to Madam Chairman, I reserve the bal- H.R. 4828 is a complicated measure that protect the extraordinary beauty, eco- ance of my time. uses management prescriptions that fit logical value of the Steens Mountains. Mr. HANSEN. Madam Chairman, I the land. Steens Mountain is a 30-mile It is a place I visited, a place I love. It ask unanimous consent that the gen- long block which rises approximately is not in my district. It is actually tleman from Oregon (Mr. WALDEN) con- 9,700 feet above the Alvord Basin, and quite far away from my district, a trol the remaining time on the major- is home to a variety of wildlife, includ- number of hours’ drive. But it is an un- ity side. ing sage grouse, bighorn sheep, golden believably beautiful, almost mystical The CHAIRMAN. Is there objection eagles, deer, antelope, and many vari- place rising up out of arid eastern Or- to the request of the gentleman from eties of fish. Currently, the Steens egon overlooking the Alvord Desert on Utah? Mountain recreational land consists of one side and looking back to the west There was no objection. 147,773 acres managed by the BLM; over sagebrush and scattered farmlands Mr. WALDEN of Oregon. Madam 41,577 acres of private land; and 4,506 to the west. Chairman, I yield myself such time as acres of State land. The values in that area in terms of I may consume. H.R. 4828 withdraws 1.2 million acres the environment are just amazing, not Madam Chairman, we have accom- from mining and geothermal develop- just the spectacular views but the wild- plished something unique with the ment and designates 134,000 acres as life habitat, the river canyons. This drafting of this legislation. We have wilderness. It would also create a non- bill will provide extraordinary protec- brought together people from very dif- grazing zone of approximately 100,000 tions for some of the most delicate ferent walks of life. We have given acres, as well as 500,000 acres of cooper- areas and the most beautiful areas in them equal seats at the table of public ative management and protection area. the Steens by affording, to the best of policy, and we have crafted an Oregon- In addition, H.R. 4828 would establish my knowledge, the first legislated cat- based solution that works for the the Wildlands Juniper Management tle-free wilderness in, at least, Oregon ranchers and works for the environ- Area, expand the Donner and Blitzen and, I believe, throughout the western ment. Wild and Scenic River, designate the United States. I want to start by telling my col- Donner and Blitzen Redband Trout Re- That is crucial for the delicate na- leagues about the people who live in serve, authorize the Secretary of the ture of some of the uplands and the Harney County and who ranch on Interior to carry out a number of land gorges and the headwaters for their Steens Mountain. These are people exchanges to facilitate the purpose of preservation. whose ancestors were encouraged by this legislation, and allow the con- This was not an agreement easily the Federal Government to take the servation of these lands to remain reached. Quite frankly, I think it was risk of expanding our Nation’s frontier, under local management. about a year ago when the gentleman to risk life and property to settle the During full committee consideration, from eastern Oregon (Mr. WALDEN) Wild West. They were the home- the issue of Federal Reserve water came to my office and said he wanted steaders of the 1800s, people of un- rights within the wilderness area was to talk about the Steens and about leg- daunted courage who followed the trail heavily debated. During the next dec- islation for the Steens. I was open to to the West blazed by Lewis and Clark ade, Congress will consider many BLM meeting with him about this but did some 200 years ago. wilderness bills. In my State of Utah, not expect much, to tell the truth. They moved to an area of Southeast this debate is the foremost of resource He came in with his trusty staff per- Oregon later called Harney County, issues. son, put down a map of the Steens with where cows outnumbered people and b 1215 which I was familiar, and then started still do today. It is a county that is As Congress heads down this road of pulling out all these velcroed sections larger than most New England States, finally resolving the BLM wilderness and stickies and saying, well, I want to 143 miles long and 86.6 miles wide. debate in the West, we must be cau- do this. And after he got to about the There are no freeways here, no conges- tious in how we approach such areas as fifth ‘‘I want to do this,’’ I said, this is tion, no gridlock except when they are grazing, water, existing uses, and exist- a pretty good offer. And he said, well, moving cows to graze in another area. ing rights. that is not all and he kept pulling out These are people whose closest neigh- The amendment considered as origi- the velcroed stickies and putting them bor is often miles and miles away. nal text will resolve the water issue in on the map. They are self-reliant people with soft a matter that does not prejudice the It was a good first offer. We have im- hearts but rugged spirits. debate in the future. The language sim- proved the bill significantly since that This is not the world of high-tech ply repeats the 1964 Wilderness Act. time. We have worked with the con- millionaires, BMWs, and the fast life. This is a reasonable approach that en- servation groups who are most familiar But it is a place where people look out sures the area is protected. with the Steens area, environmental for each other, take care of each other. Once again, I want to commend the groups. The gentleman has done yeo- It is a place where written contracts gentleman from Oregon (Mr. WALDEN) man’s work in bringing along the local are not broken because usually written in this effort, and I urge my colleagues community and the ranchers, who are contracts are not needed, a man’s word to support the passage of this very significantly impacted by this legisla- is all it takes, a handshake will do. worthwhile legislation. tion. They do not get much from Govern- Madam Chairman, I reserve the bal- I think it is just an extraordinary ment other than a tax bill, and they ance of my time. day and, in my tenure in Congress, a sure do not ask for a lot in return. Mr. GEORGE MILLER of California. very unusual day when the entire Or- And for a century or more, they have Madam Chairman, I ask unanimous egon delegation is unanimously in sup- tended the land and worked in coopera- consent that I may yield all of the time port of legislation that relates to the tive partnership with the Federal Gov- on this side to the gentleman from Or- environment in our wonderful and ernment to ensure that the environ- egon (Mr. DEFAZIO) for the purposes of beautiful State. This is not something ment is protected and their ranching controlling the time. that is frequently seen no matter how way of life is allowed to continue. The CHAIRMAN. Is there objection meritorious the legislation. Steens Mountain is a checkerboard of to the request of the gentleman from So I stand here in strong support of private and public lands interrelated. California? the legislation. We will hear from In cities, fences are designed to divide

VerDate 02-OCT-2000 01:38 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.044 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8757 neighbor from neighbor, but here there We will hear today much about the yet we preserve and protect the ranch- are few fences and quite often the importance of this legislation in pro- ing way of life in this region. neighbor is the Federal Government. It tecting and preserving Steens Moun- I want to close by specifically thank- is a true partnership in a wide open tain. And it does do that. But it does ing and naming those people who have space that has served the mountain something just as important, if not played such an important role in this and served the people well. more. It protects private property legislation. After all, we spent more Steens Mountain itself is as unique rights. It protects water rights. It en- than a year working on it and clearly as the people who live on it and near it. shrines in Federal law the spirit of co- hundreds of hours, and we can spend a Unlike most mountain ranges across operative management of the Federal few minutes saying thanks to the peo- America, Steens Mountain stands lands that has been unique to this re- ple most involved. alone in the desert. Made of heavy gion. I want to start with my former legis- lava, Steens Mountain is a huge, up- It is nearly half the size of the Fed- lative director, Lindsey Slater, who thrust block twenty-three miles from eral monument. It is a solution in has probably put more time and effort its base on the west to its top. But keeping with the great tradition and into this than any of us and has been when we get to that top, we are at spirit that makes Oregon unique be- there throughout it all with new ideas nearly 10,000 feet; and it is a straight cause we have with this legislation, in about how to make it work. It ought to drop of nearly a mile to the playa a small measure, rekindled the Oregon be named after him, but we probably cannot go there today; and Valerie below. spirit of working together to protect West and David Blair and Sarah Breathtaking? You bet it is. our special place and our special way of Bittlemen from the Senators’ offices; The explorers who settled here were life while we respect the rights of indi- and Amelia Jenkins, Chris, Michael, not stupid. They picked the best lands viduals and preserve the environment. and Bill in the Members’ offices; and on the mountain for their ranches. Moreover, we have proven that even Kevin Smith and Peter Green; and the Harney County is arid, receiving just a in the heat of an election year, people Governor, Secretary Babbitt, along few inches of rainfall a year. So the of different parties and philosophies ranchers went for the water and the with Molly and Laurie and Roy, our can work together for the common legislative counsel who we have gone lush valleys, as any of us would have good. We heard my colleague from Eu- done. But today, in this legislation, back to time and time again to say this gene talk about that. Rare is the time is the final draft only to have to go they are offering to give back some of when this delegation representing the best they have, to put it in wilder- back one more time and say, well, we many different parts of Oregon has got- ness for public benefit for a lifetime. found one other thing we needed to ten together on a piece of legislation This is a good deal for the taxpayers, change; and to Allen Freemyer and this monumental. Lisa and Liz, thank you for your help; and it works for the ranchers. Every member of the Oregon delega- Over the years, the ranchers and the and to the gentleman from Utah tion supports this bill. Every member Federal Government have worked to- (Chairman HANSEN) and to the gen- of this delegation, House and Senate, gether to improve the range lands, to tleman from Alaska (Mr. YOUNG) for has worked in good faith to fight for improve the aspen groves, the water- their work. sheds and the fish habitat. It is a part- the principles they believe in that are To Stacy Davies, to Fred Otley and nership that has served the environ- important for our future as a State. to Charlie Otley, thank you. To all the The Governor of Oregon and the Sec- ment well. people in Harney County, thank you Well, about a year ago, Steens Moun- retary of the Interior, with whom I for staying at the table, for working tain was discovered by the administra- have obviously had disagreements over hard and fighting for what you all be- tion and a new land rush was on. One, the years, support this bill and have lieve in. And to Bill Marlett and Andy to save the Steens, to name it a na- worked in good faith to accomplish its Kerr, representing some of the tough- tional monument to encircle the ranch- goals. The Oregon Cattlemen’s Associa- est negotiators in Oregon’s environ- ers and their home places with a new tion and the Sierra Club, both at the mental community, thank you for giv- set of Federal laws and restrictions table, both support this legislation. ing us this opportunity, as well. like a noose that could only get tighter The Wilderness Society and Oregon So I thank the members of the dele- and tighter until it would have choked Trout support this bill. gation, our Senators, the Governor, and the Secretary for getting us to this out their way of life. Is it as I would have written it if I Now, in some parts of the West the alone could have written it? No. But point. Because, truly, it is a remark- reaction might have been to simply go neither is it as those who would elimi- able day. I thank the ranking member into denial. But here the ranchers and nate ranching would have written it. It of the Committee on Resources, as the people realized that the threat they is indeed what legislating is all about. well, both for his input and his under- faced was both real and unstoppable. It is a compromise but a compromise standing of the importance of this Over Labor Day weekend a year ago, that is far better than a national issue for our State and for our Nation. I met with the people most affected at monument twice its size. It will allow Madam Chairman, I reserve the bal- ance of my time. a community dinner in Frenchglen. We a ranching lifestyle more than a cen- faced the challenge together: Should tury old to continue for generations to b 1230 we simply protest the idea of a monu- come, and it will protect and preserve Mr. DEFAZIO. Madam Chairman, I ment, knowing it would come anyway, the most fragile environment in south- yield 5 minutes to the gentleman from and trust the Federal Government to eastern Oregon. California (Mr. GEORGE MILLER), the write the rules, or should we try to I have next to me here a picture of ranking member of the full committee. write legislation of our own, legislation Big Indian. This is part of what we are Mr. GEORGE MILLER of California. that would have to accomplish the en- trying to protect and preserve. This I thank the gentleman for yielding me vironmental goals of the administra- gorge that we see here rising probably this time. tion without choking out a way of life 7,000 or 8,000 feet into the sky would be Madam Chairman, I want to say that on the mountain and the communities protected with the wilderness boundary no one can argue with the desire of this that surround it. for about as far as we could see on this delegation to save Steens Mountain Well, my colleagues, the legislation picture. It is an extraordinary place. and the surrounding area and the im- we are considering today here on the And there is one after another after an- portance of this environmental asset. I floor of the House of Representatives is other. will, however, unfortunately, have to the end result. It is the result of hun- We declare four wild and scenic riv- disagree with him about how this was dreds, if not thousands, of hours of ne- ers in this legislation. We set up a spe- gone about by the process that was gotiation over the last year. It is one of cial redband trout reserve so that the used here, and I think that it is unfor- the few examples where the threat of a stream where this special species is tunate that a number of provisions of unilaterally imposed national monu- will be managed and enhanced for the this bill deviate from public land man- ment of more than a million acres has protection of the redband trout. agement and conservation designa- been replaced by legislation written by We create 174,000 acres of wilderness, tions, including those dealing with wil- the people most affected. 100,000 acres of which is cow free. And derness.

VerDate 02-OCT-2000 01:38 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.046 pfrm01 PsN: H04PT1 H8758 CONGRESSIONAL RECORD — HOUSE October 4, 2000 In addition, there are significant ment that continues to ignore valu- noose. I feel, with all due respect to my problems with the land exchanges pro- ations, that continues to ignore or not Republican colleagues, that this ad- posed in this bill, including valuations require appraisals and continues to ig- ministration has been moving forward and payments that have no basis in law nore the public interest. to attempt to protect precious jewels or policy. As the General Accounting It is clearly in the public interest to of resources throughout the country, Office noted in a report done in June of protect Steens Mountain. The question and I think appropriately so. And I this year given to our committee, is whether or not it is in the public in- have been supportive of their efforts; many land exchanges have failed to terest to protect it in this manner. Is it and, candidly, at one of our early meet- protect the public interest or provide in the public interest after we make an ings, I was there to just say I did not that the lands exchanged were of equal exchange of unequal parcels recog- think that monument status was a bad value. That is the law of the land. nizing that there is a difference in the fallback position; and frankly, rather Unfortunately, the exchanges in this forage value of these lands as properly than a noose of Federal regulation, I bill, I believe, continue that pattern; we should, we have exchanged? am not prepared at this point to go and I find that pattern troubling be- We have exchanged in Roaring into some debate, but I will be happy cause I think it raises serious ques- Springs, we took 10,000 acres, almost to do it with my colleague; and I am tions about the public interest, about 11,000 acres; and we gave back 76,000 sure we will have opportunities on the the public treasury, and about the pub- acres, recognizing that there are dis- campaign trail, about the Republican lic good. No appraisals were done in tinctions. We then told the Secretary approach to environmental protection, this instance. Instead, BLM at the di- of the Interior that they shall provide hard rock mining, what has happened rection of the bill’s sponsors prepared a the fencing and the improvements and with grazing areas around the country; realty report. Since the lands the the water on those lands. And then on and frankly I think the vast majority ranchers offered were worth signifi- top of that where these already started of the American public supports great- cantly less than the Federal lands they out unequal, we have now added on er protection, including many of the wanted, the BLM was asked by the cash payments that range from almost monument designations. bill’s sponsors to use valuation as- $3 million to $148,000 against the policy But what my friend from eastern Or- sumptions that are not found in Fed- and the recommendations of the De- egon approached, and I think rightly eral law or policy. Further, the pay- partment of the Interior. so, was the notion that we, because of ments to the ranchers that this bill I realize the desire and the sense of the patchwork that has occurred in provides are an unjustified benefit, in urgency about this and the asset that this area, in part historic accident, in my opinion. is being protected, but I think that we part smart business practice, in part The provisions of this bill on wilder- had better take a long and hard look at frankly we in government at all levels ness are also troubling. First, thou- the exchange policy as the GAO rec- have been asleep at the switch, we had sands of acres of wilderness study areas ommended because it has cost the tax- an opportunity to do something better. are transferred to private ownership. payers of this country millions of dol- And I will add my voice and you will The wilderness boundaries that were lars. At some point the integrity has hear from other Members of the Oregon drawn in many instances follow section got to be put back into that process. I delegation who will come forward each lines. This is both a serious manage- think in fact there should be a morato- with their own unique story about the ment and ecological problem because rium on exchanges until such time as treasure that is this wilderness that we those lines represent arbitrary markers both the BLM and the Forest Service are about, I hope, to designate today. and bisect resources that are hard to can tell this Congress that there is in- In fact, I could use all of my time, administer. Further, much of the wil- tegrity in that process, that the public and I will not, just talking about the derness is bisected by roads. While por- interest is in fact being served and the experience of going out at dawn on a tions of the wilderness will be off-lim- treasury of the United States is being spring morning far into the desert off a its to cows, the Secretary is required protected. deserted road and watching the mating to make other wilderness areas avail- Those are my concerns. It is not with ritual of the sage grouse as the sun able to provide forage replacement. the merits of protecting Steens Moun- comes up. It is truly something that Grazing is given a high priority in tain. The gentleman from Oregon (Mr. sends shivers down your spine and is this bill, and the promotion of grazing WALDEN) has worked very hard on this something that is fragile in nature and is made one of the objectives of the and has brought about an agreement. something that is part of this heritage area. The bill contains numerous other Much of that agreement is in fact nec- that we could lose. exemptions for grazing. While there is essary and quite proper, but I think And I would also take modest dis- a general prohibition on new roads in there are questions around valuations agreement with my friend when he the area, that does not apply to roads that are serious here. But the delega- talked about this is not an area of needed for livestock. Likewise, while tion has come together on this. They high-tech millionaires, because it is there is a general prohibition on the believe this is the proper manner to truly a unique way of life in eastern construction of Federal lands, that proceed. But I think clearly in light of Oregon, the ranching activities; but we does not apply to facilities needed for the GAO report and the warnings that have already seen that there are some livestock. The Secretary is also re- we have been given that we ought to of the high-tech millionaires that ap- quired to construct fencing and water give due consideration to this. preciate this. There have been sales developments for livestock in the area. Mr. DEFAZIO. Madam Chairman, I pressures. I have visited with one gen- I regret that the bill that is being yield 7 minutes to the gentleman from tleman in eastern Oregon recently who brought to the floor today has deleted Oregon (Mr. BLUMENAUER). purchased an element that frankly we the wilderness water right language Mr. BLUMENAUER. Madam Chair- should find a way to add to the protec- that was in the bill approved by the man, I appreciate the gentleman’s tion, because despite our vaunted land- Committee on Resources. This is not courtesy in giving me time to speak on use planning protections in Oregon, an improvement, and in the end it will this bill. there is still much of this land that is only make it harder to protect those I came to this, actually it was sort of at risk; there is much of this land that wilderness values. interesting. Listening to my colleague, could in fact be developed in the fu- Madam Chairman, I recognize that the gentleman from eastern Oregon ture, and there is pressure for people to Secretary Babbitt and the Oregon dele- (Mr. WALDEN), and the gentleman from put not just mansions but massive gation have signed off on this legisla- California (Mr. GEORGE MILLER), for structures which they legally would be tion, and I recognize again that Steens whom I have the greatest respect and entitled to do if we are not able to Mountain is clearly an asset that is admiration, I must admit that I find move forward in the future. worth the kind of protection that they myself in modest disagreement with So while we are not threatened per- seek. But I think that we have to raise them both. haps by traffic jams in this portion of these questions. Otherwise, we are I was one of those people that did not eastern Oregon, we are not threatened going to continue to see a drift in the look at the action, the attention, the by huge dot-com compounds that will land exchange policy of this govern- interest by Secretary Babbitt as a be there, there is some of the new

VerDate 02-OCT-2000 01:38 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.054 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8759 money, and some old money, that has Madam Chairman, I add my con- very hard to find that win-win solu- the potential of disrupting this pre- gratulations to the gentleman from Or- tion. cious area. egon (Mr. WALDEN), the gentleman Frankly, like my colleague, the gen- That is why I must take modest ex- from Oregon (Mr. DEFAZIO), our Sen- tleman from Oregon (Mr. ception to my friend from California, ators and governor for making this BLUMENAUER), I think this would be a because there is in fact an urgency at possible. wonderful model that we could use in moving forward. And because while Mr. WALDEN of Oregon. Madam Congress and do seldom use. In addi- there may not be some areas that fit Chairman, I yield myself 1 minute. tion, I would like to thank Secretary perhaps into a cookie cutter approach Madam Chairman, I would just like Babbitt and my colleague, the gen- for land valuation and exchanges, I am to thank my colleague, the gentleman tleman from Oregon (Mr. DEFAZIO), the convinced that the package that has from Portland (Mr. BLUMENAUER), for ranking member on the Committee on been developed here as a result of his comments. I might take exception Resources, for working out all the painstaking effort on behalf of a num- to his comment that the gentleman nitty-gritty details. ber of people, the tip of the iceberg was from Oregon (Mr. DEFAZIO) was ever I mean, this is a kind of legislation mentioned by the gentleman from Or- cranky. I do not recall that. Well, that is not only protecting this won- egon (Mr. WALDEN), and they deserve maybe once, but I think we all were derful area, but how do you get all of that recognition and our thanks. But once. those little details and all the staff what was accomplished was a package I would point out, too, that his com- that worked on this. Again, while not a that actually is fair value for priceless ment about the high-tech millionaires Member of Congress, I would like to resources. And it was not something is perhaps taken in a different context thank my staff, Chris Huckleberry, for that the Oregon delegation signed off than I meant it, which is that this is all the hard work he did on it in the on. It was a vicious process of give-and- not the center of industry in that re- last year. take, of hand-wringing, that resulted spect. But he is very right in the sense Finally, I would like to include a let- in drafting our approach for Orego- that those who do have that wealth are ter of support from the Oregon gov- nians. eyeing this mountain because as people ernor, John Kitzhaber, into the In addition to acknowledging the ef- saw on this floor, the views from there RECORD. forts of my friend, the gentleman from are extraordinary, the pressures to sell OCTOBER 4, 2000. Oregon (Mr. WALDEN), I would like to off parcels on this mountain are only TO THE OREGON CONGRESSIONAL DELEGA- acknowledge the gentleman from Or- increasing; and there could be over 200 TION: The Steens Mountain Area is a state egon (Mr. DEFAZIO), who stepped for- buildable lots on this mountain that and national treasure. Its beauty and eco- ward at a critical time. Sometimes he even under Oregon’s fairly restrictive logical value are immense. The Steens- can be a little cranky. He saved it, he land-use laws could be accessed, and Alvord area is home to multiple rare species, brought it in at the right moment, and you could have trophy homes built on. scientifically important landscapes and out- I think he helped move some things So indeed the investment we are mak- standing recreational and scenic values. It is forward. The administration, and espe- ing today is one for the future, to pro- our duty to conserve and protect it for gen- cially Secretary Babbitt, who kept the tect and preserve the best of this erations to come. eye on what our objective was. The mountain and preserve the life-style. The Steens Mountain Area is also home to people from the environmental commu- a rich and valuable Oregon culture. From the Madam Chairman, I reserve the bal- ancestors of the Burns Paiute Native Amer- nity in Oregon hammered away at ance of my time. things that they held dear, and they ican tribe to the family ranches of today, the b 1245 Steens-Alvord area has cultural, historical, are proud supporters of this legislation, and economic value. We must not lose this from the American Lands Alliance, the Mr. DEFAZIO. Madam Chairman, I value. We must diligently safeguard the ex- Audubon Society, Columbia Gorge Au- yield 5 minutes to the gentlewoman isting culture and way of life on the moun- dubon, Cybil Ackerman, Mark Salvo. I from Oregon (Ms. HOOLEY). tain, for if we do not we will surely diminish do not have time to go through (Ms. HOOLEY of Oregon asked and all the critical values of the mountain—its everybody’s name. I hope somebody was given permission to revise and ex- ecology, its culture, and its people. will at the end. tend her remarks.) The legislation before the House today But I guess I want to conclude by the Ms. HOOLEY of Oregon. Madam goes a long way toward achieving these pur- notion that this is not just recapturing Chairman, I thank the gentleman for poses and I am happy to join the Oregon con- gressional delegation in supporting this the heritage of what we have in eastern yielding the time to me, and I rise in needed legislation. Oregon and crafting an Oregon solution strong support of this legislation, the GOVERNOR JOHN A. KITZHABER, M.D. as a team to something that is going to Steens Mountain Wilderness Act. Any- last for generations. I think this is an one who has ever been to Oregon and Madam Chairman, again, I thank all example of how this Congress should has seen the Steens Mountain and the of the people that worked so hard on work, because as frustrated as I am Alvord Desert knows it is one of the this. It is a wonderful solution to a frankly by the lack of environmental most beautiful and pristine places in problem, and it is a model this Con- progress, I think we have demonstrated the world. gress could use and hopefully will use today that people of disparate views Madam Chairman, what is more, if more in the future. I urge my col- could come together, one person look- you have not been to Oregon, you prob- leagues to vote yes on this bill. ing at the threat of protection and ably know about our passion for mak- Mr. WALDEN of Oregon. Madam somebody else looking like this was ing sure that we keep Oregon beautiful Chairman, I reserve the balance of my going to help us, but come together and protecting our resources; and that time. and make something that was better. is why we have before us today this Mr. DEFAZIO. Madam Chairman, I And I would hope that not only would wonderful, outstanding consensus piece yield 5 minutes to the gentleman from the House pass this legislation over- of legislation. Oregon (Mr. WU). whelmingly; but I would hope that this H.R. 4828 is an Oregon-based solution Mr. WU. Madam Chairman, I thank would serve as a model that we could that not only protects private property the gentleman for yielding me the take forward to craft appropriate envi- rights, but will also protect the sci- time, and I rise in support of this bill ronmental solutions, break the logjam. entifically important landscape. and want to take this opportunity to There are a number of things that we Madam Chairman, I would like to recognize the tremendous hard work could move forward with, and I think if thank my friend and colleague, the which the gentleman from Oregon (Mr. we had the same sort of inclusive proc- gentleman from Oregon (Mr. WALDEN), WALDEN) has put into this effort, the ess that was demonstrated here, we for his working so hard to bring this leadership of the gentleman from Or- could in fact reach the objections that bill to the floor today. I look at how egon (Mr. DEFAZIO), and keeping all of have been advanced by our friend from this was handled by the gentleman; and us on track. California and be able to move forward it is typical, I think, about how Orego- I would like to also recognize the with items that we can all take pride nians solve problems. He brought ev- governor, the administration and all in. eryone to the table, and he worked the Members of the Oregon delegation

VerDate 02-OCT-2000 01:52 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.055 pfrm01 PsN: H04PT1 H8760 CONGRESSIONAL RECORD — HOUSE October 4, 2000 in coming together to resolve this com- Rick Healy from the Committee on sources printed in the bill, it shall be plex set of issues the way that Orego- Resources did a great job in basically in order to consider as an original bill nians traditionally have, coopera- pointing out what he felt were con- for the purpose of amendment under tively, with common vision, and com- cerns and deficiencies on behalf of the the 5-minute rule an amendment in the mon sense. gentleman from California (Mr. nature of a substitute printed in the And what an achievement we indeed GEORGE MILLER), the ranking member. CONGRESSIONAL RECORD and numbered have, because from either Steens And we addressed quite a few of those 1. That amendment in the nature of a Mountain looking down to the Alvord during the development of the legisla- substitute shall be considered read. Desert or from the Alvord Basin look- tion. The text of the amendment in the na- ing up to the mountain, the Steens Madam Chairman, I am proud of this ture of a substitute is as follows: Mountain is a treasure in the sky, now legislation. It is a day when I am just H.R. 4828 saved for all time. so proud to be a Member of the rather Be it enacted by the Senate and House of Rep- We do a good thing today, coopera- small, but sometimes powerful, Oregon resentatives of the United States of America in tion, common sense, common vision, delegation, because I think we are Congress assembled, coming together to produce this un- going to bowl this bill right through SECTION 1. SHORT TITLE; PURPOSES; TABLE OF common moment. here today without hardly any CONTENTS. Mr. WALDEN of Oregon. Madam dissention on the part of our col- (a) SHORT TITLE.—This Act may be cited as the ‘‘Steens Mountain Cooperative Manage- Chairman, I reserve the balance of my leagues. So congratulations to the gen- time. ment and Protection Act of 2000’’. tleman from eastern Oregon (Mr. WAL- Mr. DEFAZIO. Madam Chairman, I (b) PURPOSES.—The purposes of this Act DEN), who represents this area, and my yield myself such time as I may con- are the following: thanks to all the other Members of the (1) To maintain the cultural, economic, ec- sume. ological, and social health of the Steens Madam Chairman, I want to thank delegation. Madam Chairman, I forgot my staff, Mountain area in Harney County, Oregon. my colleagues from the Oregon delega- (2) To designate the Steens Mountain Wil- tion, both for their eloquent words in Amelia Jenkins, who did yeoperson’s work in this battle on a fine, wonderful derness Area. support of this legislation and for the (3) To designate the Steens Mountain Co- team work that went into this bill. It resolution. operative Management and Protection Area. is, as I said earlier, in my time in Con- Madam Chairman, I yield back the (4) To provide for the acquisition of private gress fairly unprecedented the degree balance of my time. lands through exchange for inclusion in the Mr. WALDEN of Oregon. Madam of comity and the progress we have Wilderness Area and the Cooperative Man- Chairman, I yield myself such time as agement and Protection Area. made as we went through very, very (5) To provide for and expand cooperative long and productive discussions. I may consume. Madam Chairman, I just again want management activities between public and One of the highlights has to have private landowners in the vicinity of the Wil- been the hour-and-a-half meeting in to thank my colleague, the gentleman from the fourth district for Oregon derness Area and surrounding lands. my office with the governor on the con- (6) To authorize the purchase of land and ference call. We are not quite sure how (Mr. DEFAZIO), for putting up with my development and nondevelopment rights. long he was there. He was there to help persistence. I know there were times (7) To designate additional components of us with one key point and was sub- when I was probably a little more per- the National Wild and Scenic Rivers System. jected to listening for quite some pe- sistent than I needed to be, but we got (8) To establish a reserve for redband trout riod of time. here. We could not have done it with- and a wildlands juniper management area. I also want to thank others who were out the gentleman’s help, because obvi- (9) To establish a citizens’ management ad- visory council for the Cooperative Manage- involved, Lindsay Slater, as was said ously there are things that the gen- tleman feels very strongly about, as do ment and Protection Area. earlier, just did yeoman’s work; and it (10) To maintain and enhance cooperative is a real loss to the gentleman from Or- others in the delegation and others in and innovative management practices be- egon (Mr. WALDEN) that he is taking on different communities, that had to be tween the public and private land managers the task of representing an inland addressed, that had to be dealt with if in the Cooperative Management and Protec- State, but we wish him well in his new we were going to be successful and be tion Area. job. Troy Tidwell, our two senators here today. (11) To promote viable and sustainable who obviously played a key role in this I appreciate the gentleman’s help and grazing and recreation operations on private and will play a key role in its final en- that of the other members of the dele- and public lands. (12) To conserve, protect, and manage for actment, since we have to deal with gation, important roles each of you played in working this through here at healthy watersheds and the long-term eco- the other body, so-called, Governor logical integrity of Steens Mountain. Kitzhaber, as I said earlier, his pa- the final days or week and a half, hope- (13) To authorize only such uses on Federal tience, his contribution, the staff of all fully, of this legislative session. lands in the Cooperative Management and of these individuals. To be at this point, I think it is truly Protection Area that are consistent with the In particular, I want to acknowledge unique and I think we have a partner- purposes of this Act. Josh Kardon. He was in a number of ship that can be used, and we have (c) TABLE OF CONTENTS.—The table of con- meetings on this issue when Senator shown that the legislative process can tents of this Act is as follows: WYDEN had to be occupied elsewhere by work. I think Americans out there who Sec. 1. Short title; purposes; table of con- his official business, and Josh played a probably do not have a clue about tents. Sec. 2. Definitions. key role in meetings with Secretary Steens Mountain have at least come to Sec. 3. Maps and legal descriptions. Babbitt and others. Sarah Bittleman understand that you can make this Sec. 4. Valid existing rights. and David Blair also on the Senator’s process work if you allow everybody at Sec. 5. Protection of tribal rights. staff. Valerie West, who did tremen- the table to try and resolve the issues TITLE I—STEENS MOUNTAIN COOPERA- dous work on Senator SMITH’s staff, at hand; and so it is truly a delight to TIVE MANAGEMENT AND PROTECTION and I have had an occasion to work be here and to move this bill forward AREA with Valerie previously when she and to be in a position we are in right Subtitle A—Designation and Purposes worked for Representative SMITH on now. I thank each of you for your hard Sec. 101. Designation of Steens Mountain the Oregon Wild and Scenic Rivers bill, work, your dedication, your comments, Cooperative Management and and she did great work on this. Kevin and your support. Protection Area. Smith from the governor’s office. Madam Chairman, I urge my col- Sec. 102. Purpose and objectives of Coopera- Madam Chairman, I had quite a num- leagues to support H.R. 4828, the Steens tive Management and protec- tion Area. ber of occasions to meet with and chat Mountain Wilderness Act of 2000. with Secretary Babbitt over the phone Madam Chairman, I yield back the Subtitle B—Management of Federal Lands on the development of this legislation, balance of my time. Sec. 111. Management authorities and pur- poses. and he was a tremendous help, and his The CHAIRMAN (Mrs. BIGGERT). All Sec. 112. Roads and travel access. staff, Molly McUsic and Laurie time for general debate has expired. Sec. 113. Land use authorities. Settlemeyer, were also tremendous In lieu of the amendment rec- Sec. 114. Land acquisition authority. contributors. ommended by the Committee on Re- Sec. 115. Special use permits.

VerDate 02-OCT-2000 01:38 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0655 E:\CR\FM\K04OC7.058 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8761 Subtitle C—Cooperative Management ing contractual agreement between the Sec- TITLE I—STEENS MOUNTAIN COOPERA- Sec. 121. Cooperative management agree- retary and a landowner in the Cooperative TIVE MANAGEMENT AND PROTECTION ments. Management and Protection Area that will, AREA Sec. 122. Cooperative efforts to control de- permanently or during a time period speci- Subtitle A—Designation and Purposes fied in the agreement— velopment and encourage con- SEC. 101. DESIGNATION OF STEENS MOUNTAIN servation. (i) prevent or restrict development on the COOPERATIVE MANAGEMENT AND Subtitle D—Advisory Council land covered by the easement; or PROTECTION AREA. (ii) protect open space or viewshed. (a) DESIGNATION.—The Secretary shall des- Sec. 131. Establishment of advisory council. (5) ECOLOGICAL INTEGRITY.—The term ‘‘eco- ignate the Steens Mountain Cooperative Sec. 132. Advisory role in management ac- logical integrity’’ means a landscape where Management and Protection Area consisting tivities. ecological processes are functioning to main- Sec. 133. Science committee. of approximately 425,550 acres of Federal tain the structure, composition, activity, land located in Harney County, Oregon, in TITLE II—STEENS MOUNTAIN and resilience of the landscape over time, in- the vicinity of Steens Mountain, as generally WILDERNESS AREA cluding— depicted on the map entitled ‘‘Steens Moun- Sec. 201. Designation of Steens Mountain (A) a complex of plant communities, habi- tain Boundary Map’’ and dated September 18, Wilderness Area. tats and conditions representative of vari- 2000. Sec. 202. Administration of Wilderness Area. able and sustainable successional conditions; (b) CONTENTS OF MAP.—In addition to the Sec. 203. Water rights. and general boundaries of the Cooperative Man- Sec. 204. Treatment of wilderness study (B) the maintenance of biological diver- agement and Protection Area, the map re- areas. sity, soil fertility, and genetic interchange. ferred to in subsection (a) also depicts the TITLE III—WILD AND SCENIC RIVERS (6) MANAGEMENT PLAN.—The term ‘‘man- general boundaries of the following: AND TROUT RESERVE agement plan’’ means the management plan (1) The no livestock grazing area described Sec. 301. Designation of streams for wild and for the Cooperative Management and Protec- in section 113(e). scenic river status in Steens tion Area and the Wilderness Area required (2) The mineral withdrawal area designated Mountain area. to be prepared by section 111(b). by title IV. Sec. 302. Donner und Blitzen River redband (7) REDBAND TROUT RESERVE.—The term (3) The wildlands juniper management area trout reserve. ‘‘Redband Trout Reserve’’ means the Donner established by title V. und Blitzen Redband Trout Reserve des- TITLE IV—MINERAL WITHDRAWAL AREA SEC. 102. PURPOSE AND OBJECTIVES OF COOP- ignated by section 302. ERATIVE MANAGEMENT AND PRO- Sec. 401. Designation of mineral withdrawal (8) SECRETARY.—The term ‘‘Secretary’’ TECTION AREA. area. means the Secretary of the Interior, acting (a) PURPOSE.—The purpose of the Coopera- Sec. 402. Treatment of State lands and min- through the Bureau of Land Management. tive Management and Protection Area is to eral interests. (9) SCIENCE COMMITTEE.—The term ‘‘science conserve, protect, and manage the long-term TITLE V—ESTABLISHMENT OF committee’’ means the committee of inde- ecological integrity of Steens Mountain for WILDLANDS JUNIPER MANAGEMENT pendent scientists appointed under section future and present generations. AREA 133. (b) OBJECTIVES.—To further the purpose Sec. 501. Wildlands juniper management (10) WILDERNESS AREA.—The term ‘‘Wilder- specified in subsection (a), and consistent area. ness Area’’ means the Steens Mountain Wil- with such purpose, the Secretary shall man- Sec. 502. Release from wilderness study area derness Area designated by title II. age the Cooperative Management and Pro- status. tection Area for the benefit of present and SEC. 3. MAPS AND LEGAL DESCRIPTIONS. future generations— TITLE VI—LAND EXCHANGES (a) PREPARATION AND SUBMISSION.—As soon (1) to maintain and enhance cooperative Sec. 601. Land exchange, Roaring Springs as practicable after the date of the enact- and innovative management projects, pro- Ranch. grams and agreements between tribal, pub- Sec. 602. Land exchanges, C.M. Otley and ment of this Act, the Secretary shall prepare and submit to Congress maps and legal de- lic, and private interests in the Cooperative Otley Brothers. Management and Protection Area; scriptions of the following: Sec. 603. Land exchange, Tom J. Davis Live- (2) to promote grazing, recreation, historic, (1) The Cooperative Management and Pro- stock, Incorporated. and other uses that are sustainable; tection Area. Sec. 604. Land exchange, Lowther (Clemens) (3) to conserve, protect and to ensure tradi- (2) The Wilderness Area. Ranch. tional access to cultural, gathering, reli- (3) The wild and scenic river segments and Sec. 605. General provisions applicable to gious, and archaeological sites by the Burns redband trout reserve designated by title III. land exchanges. Paiute Tribe on Federal lands and to pro- (4) The mineral withdrawal area designated TITLE VII—FUNDING AUTHORITIES mote cooperation with private landowners; by title IV. (4) to ensure the conservation, protection, Sec. 701. Authorization of appropriations. (5) The wildlands juniper management area and improved management of the ecological, Sec. 702. Use of land and water conservation established by title V. social, and economic environment of the Co- fund. (6) The land exchanges required by title VI. SEC. 2. DEFINITIONS. operative Management and Protection Area, In this Act: (b) LEGAL EFFECT AND CORRECTION.—The including geological, biological, wildlife, ri- (1) ADVISORY COUNCIL.—The term ‘‘advisory maps and legal descriptions referred to in parian, and scenic resources; and council’’ means the Steens Mountain Advi- subsection (a) shall have the same force and (5) to promote and foster cooperation, com- sory Council established by title IV. effect as if included in this Act, except the munication, and understanding and to re- (2) COOPERATIVE MANAGEMENT AGREE- Secretary may correct clerical and typo- duce conflict between Steens Mountain users MENT.—An agreement to plan or implement graphical errors in such maps and legal de- and interests. (or both) cooperative recreation, ecological, scriptions. Subtitle B—Management of Federal Lands grazing, fishery, vegetation, prescribed fire, SEC. 111. MANAGEMENT AUTHORITIES AND PUR- (c) PUBLIC AVAILABILITY.—Copies of the cultural site protection, wildfire or other POSES. measures to beneficially meet public use maps and legal descriptions referred to in (a) IN GENERAL.—The Secretary shall man- needs and the public land and private land subsection (a) shall be on file and available age all Federal lands included in the Cooper- objectives of this Act. for public inspection in the Office of the Di- ative Management and Protection Area pur- (3) COOPERATIVE MANAGEMENT AND PROTEC- rector of the Bureau of Land Management suant to the Federal Land Policy and Man- TION AREA.—The term ‘‘Cooperative Manage- and in the appropriate office of the Bureau of agement Act of 1976 (43 U.S.C. 1701 et seq.) ment and Protection Area’’ means the Land Management in the State of Oregon. and other applicable provisions of law, in- Steens Mountain Cooperative Management cluding this Act, in a manner that— and Protection Area designated by title I. SEC. 4. VALID EXISTING RIGHTS. (1) ensures the conservation, protection, (4) EASEMENTS.— Nothing in this Act shall effect any valid and improved management of the ecological, (A) CONSERVATION EASEMENT.—The term existing right. social and economic environment of the Co- ‘‘conservation easement’’ means a binding operative Management and Protection Area, contractual agreement between the Sec- SEC. 5. PROTECTION OF TRIBAL RIGHTS. including geological, biological, wildlife, ri- retary and a landowner in the Cooperative Nothing in this Act shall be construed to parian, and scenic resources, North Amer- Management and Protection Area under diminish the rights of any Indian tribe. ican Indian tribal and cultural and archae- which the landowner, permanently or during ological resource sites, and additional cul- Nothing in this Act shall be construed to di- a time period specified in the agreement, tural and historic sites; and agrees to conserve or restore habitat, open minish tribal rights, including those of the (2) recognizes and allows current and his- space, scenic, or other ecological resource Burns Paiute Tribe, regarding access to Fed- toric recreational use. values on the land covered by the easement. eral lands for tribal activities, including (b) MANAGEMENT PLAN.—Within four years (B) NONDEVELOPMENT EASEMENT.—The term spiritual, cultural, and traditional food gath- after the date of the enactment of this Act, ‘‘nondevelopment easement’’ means a bind- ering activities. the Secretary shall develop a comprehensive

VerDate 02-OCT-2000 01:38 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.009 pfrm01 PsN: H04PT1 H8762 CONGRESSIONAL RECORD — HOUSE October 4, 2000 plan for the long-range protection and man- ally owned lands or interests in land within (B) Fields Seeding and Bone Creek Pasture agement of the Federal lands included in the the boundaries of the Cooperative Manage- east of the county road within the Miners Cooperative Management and Protection ment and Protection Area and the Wilder- Field allotment to Amy Ready. Area, including the Wilderness Area. The ness Area to provide the owner of the land or (C) Miners Field Pasture, Schouver Seed- plan shall— interest the reasonable use thereof. ing and Bone Creek Pasture west of the (1) describe the appropriate uses and man- (2) EFFECT ON EXISTING RIGHTS-OF-WAY.— county road within the Miners Field allot- agement of the Cooperative Management and Nothing in this Act shall have the effect of ment to Roaring Springs Ranch. Protection Area consistent with this Act; terminating any valid existing right-of-way (D) 800 animal unit months within the (2) incorporate, as appropriate, decisions on Federal lands included in the Cooperative Crows Nest allotment to Lowther (Clemens) contained in any current or future manage- Management and Protection Area. Ranch. ment or activity plan for the Cooperative SEC. 113. LAND USE AUTHORITIES. (4) FENCING AND WATER SYSTEMS.—The Sec- Management and Protection Area and use in- retary shall also construct fencing and de- formation developed in previous studies of (a) IN GENERAL.—The Secretary shall allow velop water systems as necessary to allow the lands within or adjacent to the Coopera- only such uses of the Federal lands included reasonable and efficient livestock use of the tive Management and Protection Area; in the Cooperative Management and Protec- forage resources referred to in paragraph (3). tion Area as the Secretary finds will further (3) provide for coordination with State, (f) PROHIBITION ON CONSTRUCTION OF FACILI- the purposes for which the Cooperative Man- county, and private local landowners and the TIES.—No new facilities may be constructed Burns Paiute Tribe; and agement and Protection Area is established. on Federal lands included in the Cooperative (4) determine measurable and achievable (b) COMMERCIAL TIMBER.— Management and Protection Area unless the management objectives, consistent with the (1) PROHIBITION.—The Federal lands in- Secretary determines that the structure— management objectives in section 102, to en- cluded in the Cooperative Management and (1) will be minimal in nature; sure the ecological integrity of the area. Protection Area shall not be made available (2) is consistent with the purposes of this (c) MONITORING.—The Secretary shall im- for commercial timber harvest. Act; and plement a monitoring program for Federal (2) LIMITED EXCEPTION.—The Secretary (3) is necessary— lands in the Cooperative Management and may authorize the removal of trees from (A) for enhancing botanical, fish, wildlife, Protection Area so that progress towards ec- Federal lands in the Cooperative Manage- or watershed conditions; ological integrity objectives can be deter- ment and Protection Area only if the Sec- (B) for public information, health, or safe- mined. retary determines that the removal is clear- ty; SEC. 112. ROADS AND TRAVEL ACCESS. ly needed for purposes of ecological restora- (C) for the management of livestock; or (a) TRANSPORTATION PLAN.—The manage- tion and maintenance or for public safety. (D) for the management of recreation, but ment plan shall include, as an integral part, Except in the Wilderness Area and the wil- not for the promotion of recreation. a comprehensive transportation plan for the derness study areas referred to in section (g) WITHDRAWAL.—Subject to valid existing Federal lands included in the Cooperative 204(a), the Secretary may authorize the sale rights, the Federal lands and interests in Management and Protection Area, which of products resulting from the authorized re- lands included in the Cooperative Manage- shall address the maintenance, improve- moval of trees under this paragraph. ment and Protection Areas are hereby with- ment, and closure of roads and trails as well (c) JUNIPER MANAGEMENT.—The Secretary drawn from all forms of entry, appropriation, as travel access. shall emphasize the restoration of the his- or disposal under the public land laws, ex- (b) PROHIBITION ON OFF-ROAD MOTORIZED toric fire regime in the Cooperative Manage- cept in the case of land exchanges if the Sec- TRAVEL.— ment and Protection Area and the resulting retary determines that the exchange fur- (1) PROHIBITION.—The use of motorized or native vegetation communities through ac- thers the purpose and objectives specified in mechanized vehicles on Federal lands in- tive management of Western Juniper on a section 102 and so certifies to Congress. cluded in the Cooperative Management and landscape level. Management measures shall Protection Area— SEC. 114. LAND ACQUISITION AUTHORITY. include the use of natural and prescribed (a) ACQUISITION.— (A) is prohibited off road; and burning. (B) is limited to such roads and trails as (1) ACQUISITION AUTHORIZED.—In addition (d) HUNTING, FISHING, AND TRAPPING.— may be designated for their use as part of to the land acquisitions authorized by title (1) AUTHORIZATION.—The Secretary shall the management plan. VI, the Secretary may acquire other non- permit hunting, fishing, and trapping on Federal lands and interests in lands located (2) EXCEPTIONS.—Paragraph (1) does not Federal lands included in the Cooperative prohibit the use of motorized or mechanized within the boundaries of the Cooperative Management and Protection Area in accord- vehicles on Federal lands included in the Co- Management and Protection Area or the Wil- ance with applicable laws and regulations of operative Management and Protection Area derness Area. the United States and the State of Oregon. if the Secretary determines that such use— (2) ACQUISITION METHODS.—Lands may be (2) AREA AND TIME LIMITATIONS.—After con- (A) is needed for administrative purposes acquired under this subsection only by vol- sultation with the Oregon Department of or to respond to an emergency; or untary exchange, donation, or purchase from Fish and Wildlife, the Secretary may des- (B) is appropriate for the construction or willing sellers. ignate zones where, and establish periods maintenance of agricultural facilities, fish (b) TREATMENT OF ACQUIRED LANDS.— when, hunting, trapping or fishing is prohib- and wildlife management, or ecological res- (1) IN GENERAL.—Subject to paragraphs (2) ited on Federal lands included in the Cooper- toration projects, except in areas designated and (3), lands or interests in lands acquired ative Management and Protection Area for as wilderness or managed under the provi- under subsection (a) or title VI that are lo- reasons of public safety, administration, or sions of section 603(c) of the Federal Land cated within the boundaries of the Coopera- public use and enjoyment. Policy and Management Act of 1976 (43 tive Management and Protection Area U.S.C. 1782). (e) GRAZING.— shall— (c) ROAD CLOSURES.—Any determination to (1) CONTINUATION OF EXISTING LAW.—Except (A) become part of the Cooperative Man- permanently close an existing road in the as otherwise provided in this section and agement and Protection Area; and Cooperative Management and Protection title VI, the laws, regulations, and executive (B) be managed pursuant to the laws appli- Area or to restrict the access of motorized or orders otherwise applicable to the Bureau of cable to the Cooperative Management and mechanized vehicles on certain roads shall Land Management in issuing and admin- Protection Area. be made in consultation with the advisory istering grazing leases and permits on lands (2) LANDS WITHIN WILDERNESS AREA.—If council and the public. under its jurisdiction shall apply in regard to lands or interests in lands acquired under (d) PROHIBITION ON NEW CONSTRUCTION.— the Federal lands included in the Coopera- subsection (a) or title VI are within the (1) PROHIBITION, EXCEPTION.—No new road tive Management and Protection Area. boundaries of the Wilderness Area, the ac- or trail for motorized or mechanized vehicles (2) CANCELLATION OF CERTAIN PERMITS.— quired lands or interests in lands shall— may be constructed on Federal lands in the The Secretary shall cancel that portion of (1) become part of the Wilderness Area; and Cooperative Management and Protection the permitted grazing on Federal lands in (2) be managed pursuant to title II and the Area unless the Secretary determines that the Fish Creek/Big Indian, East Ridge, and other laws applicable to the Wilderness Area. the road or trail is necessary for public safe- South Steens allotments located within the (3) LANDS WITHIN WILDERNESS STUDY ty or protection of the environment. Any de- area designated as the ‘‘no livestock grazing AREA.—If the lands or interests in lands ac- termination under this subsection shall be area’’ on the map referred to in section quired under subsection (a) or title VI are made in consultation with the advisory 101(a). Upon cancellation, future grazing use within the boundaries of a wilderness study council and the public. in that designated area is prohibited. The area, the acquired lands or interests in lands (2) TRAILS.—Nothing in this subsection is Secretary shall be responsible for installing shall— intended to limit the authority of the Sec- and maintaining any fencing required for re- (1) become part of that wilderness study retary to construct or maintain trails for source protection within the designated no area; and nonmotorized or nonmechanized use. livestock grazing area. (2) be managed pursuant to the laws appli- (e) ACCESS TO NONFEDERALLY OWNED (3) FORAGE REPLACEMENT.—Reallocation of cable to that wilderness study area. LANDS.— available forage shall be made as follows: (c) APPRAISAL.—In appraising non-Federal (1) REASONABLE ACCESS.—The Secretary (A) O’Keefe pasture within the Miners land, development rights, or conservation shall provide reasonable access to nonfeder- Field allotment to Stafford Ranches. easements for possible acquisition under this

VerDate 02-OCT-2000 01:38 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.009 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8763 section or section 122, the Secretary shall the Cooperative Management and Protection without pay, but the Secretary shall reim- disregard any adverse impacts on values re- Area and in promoting the cooperative man- burse members for reasonable expenses in- sulting from the designation of the Coopera- agement under subtitle C. curred in carrying out official duties as a tive Management and Protection Area or the (b) MEMBERS.—The advisory council shall member of the council. Wilderness Area. consist of 12 voting members, to be ap- (f) ADMINISTRATIVE SUPPORT.—The Sec- SEC. 115. SPECIAL USE PERMITS. pointed by the Secretary, as follows: retary shall provide the advisory council (1) A private landowner in the Cooperative with necessary administrative support and The Secretary may renew a special rec- Management and Protection Area, appointed shall designate an appropriate officer of the reational use permit applicable to lands in- from nominees submitted by the county Bureau of Land Management to serve as the cluded in the Wilderness Area to the extent court for Harney County, Oregon. Secretary’s liaison to the council. that the Secretary determines that the per- (2) Two persons who are grazing permittees (g) STATE LIAISON.—The Secretary shall mit is consistent with the Wilderness Act (16 on Federal lands in the Cooperative Manage- appoint one person, nominated by the Gov- U.S.C. 1131 et seq.). If renewal is not con- ment and Protection Area, appointed from ernor of Oregon, to serve as the State gov- sistent with the Wilderness Act, the Sec- nominees submitted by the county court for ernment liaison to the advisory council. retary shall seek other opportunities for the Harney County, Oregon. (h) APPLICABLE LAW.—The advisory com- permit holder through modification of the (3) A person interested in fish and rec- mittee shall be subject to the Federal Land permit to realize historic permit use to the reational fishing in the Cooperative Manage- Policy and Management Act of 1976 (43 extent that the use is consistent with the U.S.C. 1701 et seq.) and the Federal Advisory ment and Protection Area, appointed from Wilderness Act and this Act, as determined Committee Act (5 U.S.C. App.). nominees submitted by the Governor of Or- by the Secretary. egon. SEC. 132. ADVISORY ROLE IN MANAGEMENT AC- TIVITIES. Subtitle C—Cooperative Management (4) A member of the Burns Paiute Tribe, (a) MANAGEMENT RECOMMENDATIONS.—The SEC. 121. COOPERATIVE MANAGEMENT AGREE- appointed from nominees submitted by the advisory committee shall utilize sound MENTS. Burns Paiute Tribe. science, existing plans for the management (a) COOPERATIVE EFFORTS.—To further the (5) Two persons who are recognized envi- of Federal lands included in the Cooperative purposes and objectives for which the Coop- ronmental representatives, one of whom Management and Protection Area, and other erative Management and Protection Area is shall represent the State as a whole, and one tools to formulate recommendations for the designated, the Secretary may work with of whom is from the local area, appointed Secretary regarding— non-Federal landowners and other parties from nominees submitted by the Governor of (1) new and unique approaches to the man- who voluntarily agree to participate in the Oregon. agement of lands within the boundaries of cooperative management of Federal and non- (6) A person who participates in what is the Cooperative Management and Protection Federal lands in the Cooperative Manage- commonly called dispersed recreation, such Area; and ment and Protection Area. as hiking, camping, nature viewing, nature (2) cooperative programs and incentives for (b) AGREEMENTS AUTHORIZED.—The Sec- photography, bird watching, horse back seamless landscape management that meets retary may enter into a cooperative manage- riding, or trail walking, appointed from human needs and maintains and improves ment agreement with any party to provide nominees submitted by the Oregon State Di- the ecological and economic integrity of the for the cooperative conservation and man- rector of the Bureau of Land Management. Cooperative Management and Protection agement of the Federal and non-Federal (7) A person who is a recreational permit Area. lands subject to the agreement. holder or is a representative of a commercial (b) PREPARATION OF MANAGEMENT PLAN.— (c) OTHER PARTICIPANTS.—With the consent recreation operation in the Cooperative The Secretary shall consult with the advi- of the landowners involved, the Secretary Management and Protection Area, appointed sory committee as part of the preparation may permit permittees, special-use permit from nominees submitted jointly by the Or- and implementation of the management holders, other Federal and State agencies, egon State Director of the Bureau of Land plan. and interested members of the public to par- Management and the county court for Har- (c) SUBMISSION OF RECOMMENDATIONS.—No ticipate in a cooperative management agree- ney County, Oregon. recommendations may be presented to the ment as appropriate to achieve the resource (8) A person who participates in what is Secretary by the advisory council without or land use management objectives of the commonly called mechanized or consumptive the agreement of at least nine members of agreement. recreation, such as hunting, fishing, off-road the advisory council. (d) TRIBAL CULTURAL SITE PROTECTION.— driving, hang gliding, or parasailing, ap- SEC. 133. SCIENCE COMMITTEE. The Secretary may enter into agreements pointed from nominees submitted by the Or- The Secretary shall appoint, as needed or with the Burns Paiute Tribe to protect cul- egon State Director of the Bureau of Land at the request of the advisory council, a tural sites in the Cooperative Management Management. team of respected, knowledgeable, and di- and Protection Area of importance to the (9) A person with expertise and interest in verse scientists to provide advice on ques- tribe. wild horse management on Steens Mountain, tions relating to the management of the Co- SEC. 122. COOPERATIVE EFFORTS TO CONTROL appointed from nominees submitted by the operative Management and Protection Area DEVELOPMENT AND ENCOURAGE Oregon State Director of the Bureau of Land to the Secretary and the advisory council. CONSERVATION. Management. The Secretary shall seek the advice of the (a) POLICY.—Development on public and (10) A person who has no financial interest advisory council in making these appoint- private lands within the boundaries of the in the Cooperative Management and Protec- ments. Cooperative Management and Protection tion Area to represent statewide interests, TITLE II—STEENS MOUNTAIN Area which is different from the current appointed from nominees submitted by the WILDERNESS AREA character and uses of the lands is incon- Governor of Oregon. SEC. 201. DESIGNATION OF STEENS MOUNTAIN sistent with the purposes of this Act. (c) CONSULTATION.—In reviewing nominees WILDERNESS AREA. (b) USE OF NONDEVELOPMENT AND CON- submitted under subsection (b) for possible The Federal lands in the Cooperative Man- SERVATION EASEMENTS.—The Secretary may appointment to the advisory council, the agement and Protection Area depicted as enter into a nondevelopment easement or Secretary shall consult with the respective wilderness on the map entitled ‘‘Steens conservation easement with willing land- community of interest that the nominees are Mountain Wilderness Area’’ and dated Sep- owners to further the purposes of this Act. to represent to ensure that the nominees tember 18, 2000, are hereby designated as wil- (c) CONSERVATION INCENTIVE PAYMENTS.— have the support of their community of in- derness and therefore as a component of the The Secretary may provide technical assist- terest. National Wilderness Preservation System. ance, cost-share payments, incentive pay- (d) TERMS.— The wilderness area shall be known as the ments, and education to a private landowner (1) STAGGERED TERMS.—Members of the ad- Steens Mountain Wilderness Area. in the Cooperative Management and Protec- visory council shall be appointed for terms of SEC. 202. ADMINISTRATION OF WILDERNESS tion Area who enters into a contract with three years, except that, of the members AREA. the Secretary to protect or enhance ecologi- first appointed, four members shall be ap- (a) GENERAL RULE.—The Secretary shall cal resources on the private land covered by pointed for a term of one year and four mem- administer the Wilderness Area in accord- the contract if those protections or enhance- bers shall be appointed for a term of two ance with this title and the Wilderness Act ments benefit public lands. years. (16 U.S.C. 1131 et seq.). Any reference in the (d) RELATION TO PROPERTY RIGHTS AND (2) REAPPOINTMENT.—A member may be re- Wilderness Act to the effective date of that STATE AND LOCAL LAW.—Nothing in this Act appointed to serve on the advisory council. Act (or any similar reference) shall be is intended to affect rights or interests in (3) VACANCY.—A vacancy on the advisory deemed to be a reference to the date of the real property or supersede State law. council shall be filled in the same manner as enactment of this Act. the original appointment. (b) WILDERNESS BOUNDARIES ALONG Subtitle D—Advisory Council (d) CHAIRPERSON AND PROCEDURES.—The ROADS.—Where a wilderness boundary exists SEC. 131. ESTABLISHMENT OF ADVISORY COUN- advisory council shall elect a chairperson along a road, the wilderness boundary shall CIL. and establish such rules and procedures as it be set back from the centerline of the road, (a) ESTABLISHMENT.—The Secretary shall deems necessary or desirable. consistent with the Bureau of Land Manage- establish the Steens Mountain Advisory (e) SERVICE WITHOUT COMPENSATION.— ment’s guidelines as established in its Wil- Council to advise the Secretary in managing Members of the advisory council shall serve derness Management Policy.

VerDate 02-OCT-2000 01:38 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.009 pfrm01 PsN: H04PT1 H8764 CONGRESSIONAL RECORD — HOUSE October 4, 2000

(c) ACCESS TO NON-FEDERAL LANDS.—The and Scenic Rivers Act (16 U.S.C. 1274(a)) is moval of the dam is scientifically justified Secretary shall provide reasonable access to amended by adding at the end the following and funds are available for such purpose. private lands within the boundaries of the new paragraph: (f) OUTREACH AND EDUCATION.—The Sec- Wilderness Area, as provided in section ‘‘(ll) WILDHORSE AND KIGER CREEKS, OR- retary may work with, provide technical as- 112(d). EGON.—The following segments in the Steens sistance to, provide community outreach and (d) GRAZING.— Mountain Cooperative Management and Pro- education programs for or with, or enter into (1) ADMINISTRATION.—Except as provided in tection Area in the State of Oregon, to be ad- cooperative agreements with private land- section 113(e)(2), grazing of livestock shall be ministered by the Secretary of the Interior owners, State and local governments or administered in accordance with the provi- as wild rivers: agencies, and conservation organizations to sion of section 4(d)(4) of the Wilderness Act ‘‘(A) The 2.6-mile segment of Little further the purposes of the Redband Trout (16 U.S.C. 1133(d)(4)), in accordance with the Wildhorse Creek from its headwaters to its Reserve. provisions of this Act, and in accordance confluence with Wildhorse Creek. TITLE IV—MINERAL WITHDRAWAL AREA ‘‘(B) The 7.0-mile segment of Wildhorse with the guidelines set forth in Appendices A SEC. 401. DESIGNATION OF MINERAL WITH- and B of House Report 101–405 of the 101st Creek from its headwaters, and including .36 DRAWAL AREA. stream miles into section 34, township 34 Congress. (a) DESIGNATION.—Subject to valid existing (2) RETIREMENT OF CERTAIN PERMITS.—The south, range 33 east. rights, the Federal lands and interests in Secretary shall permanently retire all graz- ‘‘(C) The approximately 4.25-mile segment lands included within the withdrawal bound- ing permits applicable to certain lands in the of Kiger Creek from its headwaters to the ary as depicted on the map referred to in sec- Wilderness Area, as depicted on the map re- point at which it leaves the Steens Mountain tion 101(a) are hereby withdrawn from— ferred to in section 101(a), and livestock shall Wilderness Area within the Steens Mountain (1) location, entry and patent under the be excluded from these lands. Cooperative Management and Protection mining laws; and, SEC. 203. WATER RIGHTS. Area.’’. (2) operation of the mineral leasing and (c) MANAGEMENT.—Where management re- Nothing in this Act shall constitute an ex- geothermal leasing laws and from the min- quirements for a stream segment described press or implied claim or denial on the part erals materials laws and all amendments in the amendments made by this section dif- of the Federal Government as to exemption thereto except as specified in subsection (b). fer between the Wild and Scenic Rivers Act from State water laws. (b) ROAD MAINTENANCE.—If consistent with (16 U.S.C. 1271 et seq.) and the Wilderness SEC. 204. TREATMENT OF WILDERNESS STUDY the purposes of this Act and the manage- AREAS. Area, the more restrictive requirements ment plan for the Cooperative Management shall apply. (a) STATUS UNAFFECTED.—Except as pro- and Protection Area, the Secretary may per- vided in section 502, any wilderness study SEC. 302. DONNER UND BlITZEN RIVER REDBAND mit the development of saleable mineral re- area, or portion of a wilderness study area, TROUT RESERVE. sources, for road maintenance use only, in (a) FINDINGS.—The Congress finds the fol- within the boundaries of the Cooperative those locations identified on the map re- lowing: Management and Protection Area, but not ferred to in section 101(a) as an existing (1) Those portions of the Donner und included in the Wilderness Area, shall re- ‘‘gravel pit’’ within the mineral withdrawal Blitzen River in the Wilderness Area are an main a wilderness study area notwith- boundaries (excluding the Wilderness Area, exceptional environmental resource that standing the enactment of this Act. wilderness study areas, and designated seg- provides habitat for unique populations of (b) MANAGEMENT.—The wilderness study ments of the National Wild and Scenic Riv- native fish, migratory waterfowl, and other areas referred to in subsection (a) shall con- ers System) where such development was au- wildlife resources, including a unique popu- tinue to be managed under section 603(c) of thorized before the date of enactment of this lation of redband trout. the Federal Land Policy and Management Act. Act of 1976 (43 U.S.C. 1782(c)) in a manner so (2) Redband trout represent a unique nat- ural history reflecting the Pleistocene con- SEC. 402. TREATMENT OF STATE LANDS AND MIN- as not to impair the suitability of the areas ERAL INTERESTS. nection between the lake basins of eastern for preservation as wilderness. (a) ACQUISITION REQUIRED.—The Secretary Oregon and the Snake and Columbia Rivers. (c) EXPANSION OF BASQUE HILLS WILDER- shall acquire, for approximately equal value (b) DESIGNATION OF RESERVE.—The Sec- NESS STUDY AREA.—The boundaries of the retary shall designate the Donner und and as agreed to by the Secretary and the Basque Hills Wilderness Study Area are here- Blitzen Redband Trout Reserve consisting of State of Oregon, lands and interests in lands by expanded to include the Federal lands the Donner und Blitzen River in the Wilder- owned by the State within the boundaries of within sections 8, 16, 17, 21, 22, and 27 of ness Area above its confluence with Fish the mineral withdrawal area designated pur- township 36 south, range 31 east, Willamette Creek and the Federal riparian lands imme- suant to section 401. Meridian. These lands shall be managed (b) ACQUISITION METHODS.—The Secretary diately adjacent to the river. under section 603(c) of the Federal Lands shall acquire such State lands and interests (c) RESERVE PURPOSES.—The purposes of Policy and Management Act of 1976 (43 the Redband Trout Reserve are— in lands in exchange for— U.S.C. 1782(c)) to protect and enhance the (1) to conserve, protect, and enhance the (1) Federal lands or Federal mineral inter- wilderness values of these lands. Donner und Blitzen River population of ests that are outside the boundaries of the TITLE III—WILD AND SCENIC RIVERS AND redband trout and the unique ecosystem of mineral withdrawal area; TROUT RESERVE plants, fish, and wildlife of a river system; (2) a monetary payment to the State; or (3) a combination of a conveyance under SEC. 301. DESIGNATION OF STREAMS FOR WILD and AND SCENIC RIVER STATUS IN (2) to provide opportunities for scientific paragraph (1) and a monetary payment under STEENS MOUNTAIN AREA. research, environmental education, and fish paragraph (2). (a) EXPANSION OF DONNER UND BLITZEN and wildlife oriented recreation and access TITLE V—ESTABLISHMENT OF WILD RIVER.—Section 3(a)(74) of the Wild and to the extent compatible with paragraph (1). WILDLANDS JUNIPER MANAGEMENT Scenic Rivers Act (16 U.S.C. 1274(a)(74)) is (d) EXCLUSION OF PRIVATE LANDS.—The AREA amended— Redband Trout Reserve does not include any SEC. 501. WILDLANDS JUNIPER MANAGEMENT (1) by striking ‘‘the’’ at the beginning of private lands adjacent to the Donner und AREA. each subparagraph and inserting ‘‘The’’; Blitzen River or its tributaries. (a) ESTABLISHMENT.—To further the pur- (2) by striking the semicolon at the end of (e) ADMINISTRATION.— poses of section 113(c), the Secretary shall subparagraphs (A), (B), (C), and (D) and in- (1) IN GENERAL.—The Secretary shall ad- establish a special management area con- serting a period; minister all lands, waters, and interests sisting of certain Federal lands in the Coop- (3) by striking ‘‘; and’’ at the end of sub- therein in the Redband Trout Reserve con- erative Management and Protection Area, as paragraph (E) and inserting a period; and sistent with the Wilderness Act (16 U.S.C. depicted on the map referred to in section (4) by adding at the end the following new 1131 et seq.) and the Wild and Scenic Rivers 101(a), which shall be known as the Wildlands subparagraphs: Act (16 U.S.C. 1271 et seq.). Juniper Management Area. ‘‘(G) The 5.1 mile segment of Mud Creek (2) CONSULTATION.—In administering the (b) MANAGEMENT.—Special management from its confluence with an unnamed spring Redband Trout Reserve, the Secretary shall practices shall be adopted for the Wildlands in the SW1⁄4SE1⁄4 of section 32, township 33 consult with the advisory council and co- Juniper Management Area for the purposes south, range 33 east, to its confluence with operate with the Oregon Department of Fish of experimentation, education, interpreta- the Donner und Blitzen River. and Wildlife. tion, and demonstration of active and pas- ‘‘(H) The 8.1 mile segment of Ankle Creek (3) RELATION TO RECREATION.—To the ex- sive management intended to restore the his- from its headwaters to its confluence with tent consistent with applicable law, the Sec- toric fire regime and native vegetation com- the Donner und Blitzen River. retary shall manage recreational activities munities on Steens Mountain. ‘‘(I) The 1.6 mile segment of the South in the Redband Trout Reserve in a manner (c) AUTHORIZATION OF APPROPRIATIONS.—In Fork of Ankle Creek from its confluence that conserves the unique population of addition to the authorization of appropria- with an unnamed tributary in the SE1⁄4SE1⁄4 redband trout native to the Donner und tions in section 701, there is authorized to be of section 17, township 34 south, range 33 Blitzen River. appropriated $5,000,000 to carry out this title east, to its confluence with Ankle Creek.’’. (4) REMOVAL OF DAM.—The Secretary shall and section 113(c) regarding juniper manage- (b) DESIGNATION OF WILDHORSE AND KIGER remove the dam located below the mouth of ment in the Cooperative Management and CREEKS, OREGON.—Section 3(a) of the Wild Fish Creek and above Page Springs if re- Protection Area.

VerDate 02-OCT-2000 01:38 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.009 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8765 SEC. 502. RELEASE FROM WILDERNESS STUDY section, the Secretary is authorized to make 605(a), consisting of a total of approximately AREA STATUS. a disbursement to C.M. Otley, in the amount 11,796 acres in exchange for the private lands The Federal lands included in the of $920,000. described in subsection (b). Wildlands Juniper Management Area estab- (b) OTLEY BROTHERS EXCHANGE.— (b) RECEIPT OF NON-FEDERAL LANDS.—As lished under section 501 are no longer subject (1) EXCHANGE AUTHORIZED.—For the pur- consideration for the conveyance of the Fed- to the requirement of section 603(c) of the pose of protecting and consolidating Federal eral lands referred to in subsection (a) and Federal Land Policy and Management Act of lands within the Cooperative Management the disbursement referred to in subsection 1976 (43 U.S.C. 1782(c)) pertaining to man- and Protection Area, the Secretary may (d), the Lowther (Clemens) Ranch shall con- aging the lands so as not to impair the suit- carry out a land exchange with the Otley vey to the Secretary a parcel of land con- ability of the lands for preservation as wil- Brother’s, Inc., to convey all right, title, and sisting of approximately 1,078 acres, as de- derness. interest of the United States in and to cer- picted on the map referred to in section TITLE VI—LAND EXCHANGES tain parcels of land under the jurisdiction of 605(a), for inclusion in the Cooperative Man- SEC. 601. LAND EXCHANGE, ROARING SPRINGS the Bureau of Land Management in the vi- agement and Protection Area. RANCH. cinity of Steens Mountain, Oregon, as de- (c) TREATMENT OF GRAZING.—Paragraphs (2) and (3) of section 113(e), relating to the ef- (a) EXCHANGE AUTHORIZED.—For the pur- picted on the map referred to in section pose of protecting and consolidating Federal 605(a), consisting of a total of approximately fect of the cancellation in whole of the graz- lands within the Cooperative Management 6,881 acres in exchange for the private lands ing permit for the Fish Creek/Big Indian al- and Protection Area, the Secretary may described in paragraph (2). lotment in the Wilderness Area and reassign- carry out a land exchange with Roaring (2) RECEIPT OF NON-FEDERAL LANDS.—As ment of use areas as described in paragraph Springs Ranch, Incorporated, to convey all consideration for the conveyance of the Fed- (3)(D) of such section, shall apply to the land right, title, and interest of the United States eral lands referred to in paragraph (1) and exchange authorized by this section. in and to certain parcels of land under the the disbursement referred to in subsection (d) DISBURSEMENT.—Upon completion of jurisdiction of the Bureau of Land Manage- (3), the Otley Brother’s, Inc., shall convey to the land exchange authorized by this section, ment in the vicinity of Steens Mountain, Or- the Secretary a parcel of land in the head- the Secretary is authorized to make a dis- egon, as depicted on the map referred to in waters of Kiger gorge consisting of approxi- bursement to Lowther (Clemens) Ranch, in section 605(a), consisting of a total of ap- mately 505 acres, as depicted on the map re- the amount of $148,000. (e) COMPLETION OF CONVEYANCE.—The Sec- proximately 76,374 acres in exchange for the ferred to in section 605(a), for inclusion in retary shall complete the conveyance of the private lands described in subsection (b). the Wilderness Area and the no livestock Federal lands under subsection (a) within 70 (b) RECEIPT OF NON-FEDERAL LANDS.—As grazing area as appropriate. days after the Secretary accepts the lands consideration for the conveyance of the Fed- (3) DISBURSEMENT.—Upon completion of described in subsection (b). eral lands referred to in subsection (a) and the land exchange authorized by this sub- the disbursement referred to in subsection section, the Secretary is authorized to make SEC. 605. GENERAL PROVISIONS APPLICABLE TO (d), Roaring Springs Ranch, Incorporated, a disbursement to Otley Brother’s, Inc., in LAND EXCHANGES. shall convey to the Secretary parcels of land the amount of $400,000. (a) MAP.—The land conveyances described consisting of approximately 10,909 acres, as (c) COMPLETION OF CONVEYANCE.—The Sec- in this title are generally depicted on the depicted on the map referred to in section retary shall complete the conveyances of the map entitled ‘‘Steens Mountain Land Ex- 605(a), for inclusion in the Wilderness Area, a Federal lands under subsections (a) and (b) changes’’ and dated September 18, 2000. (b) APPLICABLE LAW.—Except as otherwise wilderness study area, and the no livestock within 70 days after the Secretary accepts provided in this section, the exchange of grazing area as appropriate. the lands described in such subsections. Federal land under this title is subject to the (c) TREATMENT OF GRAZING.—Paragraphs SEC. 603. LAND EXCHANGE, TOM J. DAVIS LIVE- (2) and (3) of section 113(e), relating to the ef- STOCK, INCORPORATED. existing laws and regulations applicable to the conveyance and acquisition of land under fect of the cancellation in part of grazing (a) EXCHANGE AUTHORIZED.—For the pur- permits for the South Steens allotment in pose of protecting and consolidating Federal the jurisdiction of the Bureau of Land Man- the Wilderness Area and reassignment of use lands within the Wilderness Area, the Sec- agement. It is anticipated that the Secretary areas as described in paragraph (3)(C) of such retary may carry out a land exchange with will be able to carry out such land exchanges section, shall apply to the land exchange au- Tom J. Davis Livestock, Incorporated, to without the promulgation of additional regu- thorized by this section. convey all right, title, and interest of the lations and without regard to the notice and comment provisions of section 553 of title 5, (d) DISBURSEMENT.—Upon completion of United States in and to certain parcels of the land exchange authorized by this section, land under the jurisdiction of the Bureau of United States Code. the Secretary is authorized to make a dis- Land Management in the vicinity of Steens (c) CONDITIONS ON ACCEPTANCE.—Title to bursement to Roaring Springs Ranch, Incor- Mountain, Oregon, as depicted on the map the non-Federal lands to be conveyed under porated, in the amount of $2,889,000. referred to in section 605(a), consisting of a this title must be acceptable to the Sec- retary, and the conveyances shall be subject (e) COMPLETION OF CONVEYANCE.—The Sec- total of approximately 5,340 acres in ex- retary shall complete the conveyance of the change for the private lands described in sub- to valid existing rights of record. The non- Federal lands under subsection (a) within 70 section (b). Federal lands shall conform with the title approval standards applicable to Federal days after the Secretary accepts the lands (b) RECEIPT OF NON-FEDERAL LANDS.—As described in subsection (b). consideration for the conveyance of the Fed- land acquisitions. eral lands referred to in subsection (a) and (d) LEGAL DESCRIPTIONS.—The exact acre- SEC. 602. LAND EXCHANGES, C.M. OTLEY AND age and legal description of all lands to be OTLEY BROTHERS. the disbursement referred to in subsection exchanged under this title shall be deter- (a) C. M. OTLEY EXCHANGE.— (c), Tom J. Davis Livestock, Incorporated, mined by surveys satisfactory to the Sec- (1) EXCHANGE AUTHORIZED.—For the pur- shall convey to the Secretary a parcel of retary. The costs of any such survey, as well pose of protecting and consolidating Federal land consisting of approximately 5,103 acres, as other administrative costs incurred to lands within the Cooperative Management as depicted on the map referred to in section execute a land exchange under this title, and Protection Area, the Secretary may 605(a), for inclusion in the Wilderness Area. shall be borne by the Secretary. carry out a land exchange with C. M. Otley (c) DISBURSEMENT.—Upon completion of to convey all right, title, and interest of the the land exchange authorized by this section, TITLE VII—FUNDING AUTHORITIES United States in and to certain parcels of the Secretary is authorized to make a dis- SEC. 701. AUTHORIZATION OF APPROPRIATIONS. land under the jurisdiction of the Bureau of bursement to Tom J. Davis Livestock, Incor- Except as provided in sections 501(c) and Land Management in the vicinity of Steens porated, in the amount of $800,000. 702, there is hereby authorized to be appro- Mountain, Oregon, as depicted on the map (d) COMPLETION OF CONVEYANCE.—The Sec- priated such sums as may be necessary to referred to in section 605(a), consisting of a retary shall complete the conveyance of the carry out this Act. total of approximately 3,845 acres in ex- Federal lands under subsection (a) within 70 SEC. 702. USE OF LAND AND WATER CONSERVA- change for the private lands described in days after the Secretary accepts the lands TION FUND. paragraph (2). described in subsection (b). (a) AVAILABILITY OF FUND.—There are au- (2) RECEIPT OF NON-FEDERAL LANDS.—As SEC. 604. LAND EXCHANGE, LOWTHER (CLEMENS) thorized to be appropriated $25,000,000 from consideration for the conveyance of the Fed- RANCH. the land and water conservation fund estab- eral lands referred to in paragraph (1) and (a) EXCHANGE AUTHORIZED.—For the pur- lished under section 2 of the Land and Water the disbursement referred to in paragraph pose of protecting and consolidating Federal Conservation Fund Act of 1965 (16 U.S.C. 460l– (3), C. M. Otley shall convey to the Secretary lands within the Cooperative Management 5) to provide funds for the acquisition of land a parcel of land in the headwaters of Kiger and Protection Area, the Secretary may and interests in land under section 114 and to gorge consisting of approximately 851 acres, carry out a land exchange with the Lowther enter into nondevelopment easements and as depicted on the map referred to in section (Clemens) Ranch to convey all right, title, conservation easements under subsections 605(a), for inclusion in the Wilderness Area and interest of the United States in and to (b) and (c) of section 122. and the no livestock grazing area as appro- certain parcels of land under the jurisdiction (b) TERM OF USE.—Amounts appropriated priate. of the Bureau of Land Management in the vi- pursuant to the authorization of appropria- (3) DISBURSEMENT.—Upon completion of cinity of Steens Mountain, Oregon, as de- tions in subsection (a) shall remain available the land exchange authorized by this sub- picted on the map referred to in section until expended.

VerDate 02-OCT-2000 01:38 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.009 pfrm01 PsN: H04PT1 H8766 CONGRESSIONAL RECORD — HOUSE October 4, 2000 The CHAIRMAN. During consider- The SPEAKER pro tempore (Mrs. SPECIAL ORDERS ation of the bill for amendment, the BIGGERT). The question is on the mo- The SPEAKER pro tempore (Mr. Chair may accord priority in recogni- tion offered by the gentleman from OSE). Under the Speaker’s announced tion to a Member offering an amend- Maryland (Mr. GILCHREST). policy of January 6, 1999, and under a ment that he has printed in the des- The motion was agreed to. previous order of the House, the fol- ignated place in the CONGRESSIONAL The SPEAKER pro tempore. Without lowing Members will be recognized for RECORD. Those amendments will be objection, the Chair appoints the fol- 5 minutes each. considered read. lowing conferees: Messrs. SHUSTER, f The Chairman of the Committee of YOUNG of Alaska, GILCHREST, DEFAZIO, the Whole may postpone a request for a and BAIRD. The SPEAKER pro tempore (Mr. recorded vote on any amendment and There was no objection. OSE). Under a previous order of the may reduce to a minimum of 5 minutes House, the gentleman from Pennsyl- f the time for voting on any postponed vania (Mr. GEKAS) is recognized for 5 question that immediately follows an- minutes. APPOINTMENT OF CONFEREES ON (Mr. GEKAS addressed the House. His other vote, provided that the time for S. 835, ESTUARY HABITAT AND voting on the first question shall be a remarks will appear hereafter in the CHESAPEAKE BAY RESTORATION Extensions of Remarks.) minimum of 15 minutes. ACT OF 2000 Are there any amendments? f If not, the question is on the amend- The SPEAKER pro tempore. Without objection, the Chair appoints the fol- The SPEAKER pro tempore. Under a ment in the nature of a substitute. previous order of the House, the gen- The amendment in the nature of a lowing conferees on the Senate bill (S. tleman from Ohio (Mr. BROWN) is rec- substitute was agreed to. 835) to encourage the restoration of es- tuary habitat through more efficient ognized for 5 minutes. The CHAIRMAN. Under the rule, the (Mr. BROWN of Ohio addressed the Committee rises. project financing and enhanced coordi- nation of Federal and non-Federal res- House. His remarks will appear here- Accordingly, the Committee rose; after in the Extensions of Remarks.) and the Speaker pro tempore (Mr. toration programs, and for other pur- KNOLLENBERG) having assumed the poses: f chair, Mrs. BIGGERT, Chairman of the Messrs. SHUSTER, YOUNG of Alaska, The SPEAKER pro tempore. Under a Committee of the Whole House on the BOEHLERT, and GILCHREST, Mrs. previous order of the House, the gen- State of the Union, reported that that FOWLER, and Messrs. SHERWOOD, tleman from Washington (Mr. Committee, having had under consider- SWEENEY, KUYKENDALL, VITTER, OBER- METCALF) is recognized for 5 minutes. ation the bill (H.R. 4828), to designate STAR, BORSKI, BARCIA, FILNER, TAYLOR (Mr. METCALF addressed the House. wilderness areas and a cooperative of Mississippi, BLUMENAUER, and His remarks will appear hereafter in management and protection area in the BALDACCI. the Extensions of Remarks.) There was no objection. vicinity of Steens Mountain in Harney f County, Oregon, and for other pur- f The SPEAKER pro tempore. Under a poses, pursuant to House Resolution previous order of the House, the gen- 609, she reported the bill back to the APPOINTMENT OF CONFEREES ON tleman from Oregon (Mr. DEFAZIO) is House with an amendment adopted by H.R. 4392, INTELLIGENCE AU- recognized for 5 minutes. the Committee of the Whole. THORIZATION ACT FOR FISCAL (Mr. DEFAZIO addressed the House. The SPEAKER pro tempore. Under YEAR 2001 His remarks will appear hereafter in the rule, the previous question is or- the Extensions of Remarks.) dered. Mr. GOSS. Madam Speaker, I ask The question is on the amendment in unanimous consent to take from the f the nature of a substitute. Speaker’s table the bill (H.R. 4392) to The SPEAKER pro tempore. Under a The amendment in the nature of a authorize appropriations for fiscal year previous order of the House, the gen- 2001 for intelligence and intelligence- substitute was agreed to. tleman from Missouri (Mr. CLAY) is The bill was ordered to be engrossed related activities of the United States recognized for 5 minutes. and read a third time, was read the Government, the Community Manage- (Mr. CLAY addressed the House. His third time, and passed. ment Account, and the Central Intel- remarks will appear hereafter in the The title of the bill was amended so ligence Agency Retirement and Dis- Extensions of Remarks.) ability System, and for other purposes, as to read: ‘‘A bill to designate the f Steens Mountain Wilderness Area and with a Senate amendment thereto, dis- The SPEAKER pro tempore. Under a the Steens Mountain Cooperative Man- agree to the Senate amendment, and previous order of the House, the gen- agement and Protection Area in Har- agree to the conference asked by the tleman from Michigan (Mr. SMITH) is ney County, Oregon, and for other pur- Senate. recognized for 5 minutes. poses.’’. The SPEAKER pro tempore. Is there (Mr. SMITH of Michigan addressed A motion to reconsider was laid on objection to the request of the gen- the House. His remarks will appear the table. tleman from Florida? The Chair hears none and, without objection, appoints hereafter in the Extensions of Re- f the following conferees: marks.) b 1300 From the Permanent Select Com- f mittee on Intelligence for consider- The SPEAKER pro tempore. Under a APPOINTMENT OF CONFEREES ON ation of the House bill and the Senate previous order of the House, the gen- H.R. 820, COAST GUARD AUTHOR- amendment, and modifications com- tleman from New Jersey (Mr. PALLONE) IZATION ACT OF 1999 mitted to conference: is recognized for 5 minutes. Mr. GILCHREST. Madam Speaker, Messrs. GOSS, LEWIS of California, (Mr. PALLONE addressed the House. pursuant to clause 1 of rule XXII and MCCOLLUM, CASTLE, BOEHLERT, BASS, His remarks will appear hereafter in by direction of the Committee on GIBBONS, and LAHOOD, Mrs. WILSON, the Extensions of Remarks.) Transportation and Infrastructure, I Mr. DIXON, Ms. PELOSI, and Messrs. move to take from the Speaker’s table BISHOP, SISISKY, CONDIT, ROEMER, and f the bill (H.R. 820) to authorize appro- HASTINGS of Florida. The SPEAKER pro tempore. Under a priations for fiscal years 2000 and 2001 From the Committee on Armed Serv- previous order of the House, the gen- for the Coast Guard, and for other pur- ices for consideration of defense tac- tleman from Tennessee (Mr. DUNCAN) is poses, with a Senate amendment there- tical intelligence and related activi- recognized for 5 minutes. to, disagree to the Senate amendment ties: (Mr. DUNCAN addressed the House. and agree to the conference asked by Messrs. SPENCE, STUMP, and SKELTON. His remarks will appear hereafter in the Senate. There was no objection. the Extensions of Remarks.)

VerDate 02-OCT-2000 01:38 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.061 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8767 The SPEAKER pro tempore. Under a room, to get the money that the Amer- To our horror, we discovered that in previous order of the House, the gen- ican people send to Washington and ex- 1998, the Department of Education tleman from Guam (Mr. UNDERWOOD) is pect us to appropriate responsibly to could not tell us how they spent and recognized for 5 minutes. the children who need it most. That is how they managed their $120 billion (Mr. UNDERWOOD addressed the our goal. That is our mission. agency. They could not tell us. House. His remarks will appear here- Unfortunately, that does not happen See, the Congress requires every Fed- after in the Extensions of Remarks.) to the extent we would like. I am sorry eral agency to conduct audits of their f to say that the United States Depart- financial activities and to rely those ment of Education, despite the best of The SPEAKER pro tempore. Under a audits to the Congress, which we re- intentions, despite the wonderful mis- previous order of the House, the gentle- view and consider at the time when we sion statement that is printed on their appropriate more money. So various woman from New York (Mrs. MALONEY) brochure and beneath their seal that is recognized for 5 minutes. Federal agencies sent their audits back Members will find just down the road (Mrs. MALONEY of New York ad- to the Congress. here at the several Education Depart- dressed the House. Her remarks will Most Federal agencies did not do ment office buildings and headquarters, appear hereafter in the Extensions of very well. Their books were not kept in wastes too much money on waste, Remarks.) a way that meets reasonable standards fraud, and abuse. Money has been sto- for accountability. But in the case of f len right out from underneath the the Department of Education, it was EDUCATION IN AMERICA noses of the Department of Education worse than that, Mr. Speaker. In 1998, budget managers. the United States Department of Edu- The SPEAKER pro tempore. Under I want to talk about some of those cation managed its books so poorly the Speaker’s announced policy of Jan- examples, because before we begin the that it could not even audit the books. uary 6, 1999, the gentleman from Colo- process of trying to streamline the When I say the word ‘‘managed,’’ rado (Mr. SCHAFFER) is recognized for Federal government, trying to reorient that is being generous. In reality, the 60 minutes as the designee of the ma- ourselves and the way we spend money Department of Education in 1998 mis- jority leader. on children and the education process, managed its books so severely that Mr. SCHAFFER. Mr. Speaker, for the we need to understand what the fail- when the audit was required, the audi- next hour I will be joined by at least ures are at the Department of Edu- tors, outside auditors in Ernst & one other of our colleagues and perhaps cation today. Young, came back to the Congress and others who are making their way to As I mentioned, out of an agency said, we cannot even do the audit, it is the floor to talk about the important that manages about $120 billion a year, that bad. A $120 billion agency cannot issue of education in America, and spe- we see too much of it squandered. audit its books. The books were cifically, the work that is being under- Again, about $40 billion of it is appro- unauditable. taken by the Republican majority in priated annually through this Con- In 1999, things got slightly better. the Committee on Education and the gress. The rest is managed through the The Department was able to audit its Workforce. loan portfolio, student loans that are books, which gave us a better idea of It is the number one topic that vot- managed by the United States Depart- how it accounts for its money. It re- ers tell us they care about, and with ment of Education. ceived the poorest grade possible on good reason. Education is essential and In total, it comes out to about $120 that financial audit. There were huge fundamental to the maintenance of our billion, making this agency one of the discrepancies on the order of hundreds Republic. It is virtually impossible in a largest financial institutions in the of millions of dollars that were mis- Nation that is devised on a philosophy United States, and certainly one of the placed, that were put in the wrong ac- where the people hold the power and largest financial institutions in the counts. loan that authority to politicians at world. With that much money, we We found a grant-back account, as it election time to have a nation made up should spend an inordinate amount of is called, where the U.S. Department of of an unwise electorate. time, in my opinion, making sure those Education sends a check to various Of course, being educated liberally in dollars are spent properly and cor- vendors around the country and grant the education of our history, of polit- rectly. recipients, universities, mainly. At the ical philosophy, economics, science, What really turned us on to this Department they send not one check, math, and all the rest is absolutely es- project was our efforts on the Sub- often they send two checks. They have sential in maintaining our presence in committee on Oversight and Investiga- to set up an account to receive the sec- the world and on this planet as the tions, under the leadership of the gen- ond check back. world’s freest democracy and the na- tleman from Michigan (Mr. HOEKSTRA). The receipt of that check is usually tion with the most economic oppor- Our efforts were focused on spending. predicated on a conscientious univer- tunity in the world. We wanted to go back to the Depart- sity somewhere recognizing the error, With that in mind, we have begun the ment of Education and ask, what did recognizing that they received two process of looking at the United States they do with the money we appro- identical checks for the same expendi- Department of Education, an agency priated last year? ture, and sending one back. that spends and manages on the order On a number of indicators, it is un- b of $120 billion per year. fortunate that we see the quality of 1315 Now, about $40 billion of that is an- education declining, borne out by the If they fail to do that, it could take nual appropriations, and that level of comparisons of our students in the years before the U.S. Department of funding increases pretty dramatically United States in math and science. Education ever gets around to finding every year, and has increased even Against students in math and science the error and recovering the money. more dramatically now that Repub- in 21 of our industrialized peers around When we looked last at that grant licans have taken over control of the the world, we rank near the bottom. back account, it had a balance of about House, a fact which many friends, Out of those 21 countries, we are num- $750 million. Now, these are funds that many of my Democrat friends on the ber 19, 19. It is unacceptable. the Department could not really tell us other side of the aisle, cannot seem to So we ask, what are they doing with where they came from, they were not come to grips with, and choose to ig- all the money? Why do we continue to sure where they were supposed to be, nore the reality of that. rank lower and lower when compared and they were unclear as to the status Not all spending in the Department to our international peers, yet we keep of those funds at the time we were of Education is good, just because we spending more and more in Washington there and where they should be prop- support education. I say that because on the Federal education bureaucracy? erly held. Since that investigation, the of the failure to achieve our ultimate There seems to be some problem. balance of that fund has been dropped goal in education funding. Our ulti- So we started looking at the money. down. But the Department, to this day, mate goal where education funding is We asked some fundamental questions continues to crank out duplicate concerned is to get dollars to the class- about how the past dollars were spent. checks and duplicate payments. The

VerDate 02-OCT-2000 01:38 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.074 pfrm01 PsN: H04PT1 H8768 CONGRESSIONAL RECORD — HOUSE October 4, 2000 Department does not have sufficient tleman from South Dakota (Mr. Corvette in the State of Maryland. controls either to catch these errors. THUNE) here and a couple of school dis- They fail a background check and the What we have discovered is that sys- tricts in his State not getting their Im- dealer decides to call the FBI. The FBI, tem of poorly managed, of errant ac- pact Aid funds. Why? Precisely the rea- of course, investigates and finds that $2 counting creates an environment where son that was identified in the 1999 million in Federal education dollars in- waste, fraud and abuse are actually en- audit. tended for two rural school districts in couraged, not officially encouraged, So even when these things are high- South Dakota have been diverted into but tacitly encouraged. lighted and specifically highlighted private bank accounts in Maryland and Let me give my colleagues an exam- within the audit reports, the Depart- were used to buy luxury SUVs and a ple that involves the State of South ment of Education has demonstrated house. Dakota, and I see the gentleman from an inability or a callousness to actu- Now, the Department of Education Michigan (Mr. HOEKSTRA), chairman of ally making the changes and respond- has an enormous budget in relative the Subcommittee on Oversight and In- ing to the auditors. terms, I think in direct expenditures vestigations, here as well as the gen- Mr. SCHAFFER. Mr. Speaker, we on somewhere around a little under $40 tleman from South Dakota (Mr. the Republican side of the aisle are billion a year. If we add all the student THUNE) who represents the two school very, very serious about getting dollars loans and other things that are proc- districts that are in question. to the classroom, and it does not al- essed there as much as $120 billion ac- It seems that some money called Im- ways mean we have to spend more. tually goes through the Department of pact Aid funds was supposed to be What it does mean, though, is that we Education. Two million dollars, with wired from the U.S. Department of have to be smarter and wiser. We need an ‘‘M,’’ $2 million may not seem like Education to its intended recipients in to be more vigilant when it comes to a lot to them, but it means a lot to the South Dakota, two schools. But some- streamlining the Department of Edu- kids and the teachers in those two where along the line, the security sys- cation so that we can be more efficient schools. tem was breached, and somebody and squeeze more value out of every Let me just very briefly talk about rekeyed in the account codes of the dollar that we spend. Wagner, South Dakota. That was one schools in South Dakota, that effec- Now, we care about this across the of the schools whose money was mys- tively the Federal money, $2 million spectrum of the Republican majority teriously lost by the Department of worth, was wired, stolen, and diverted because we care about children, and we Education. Wagner is a small town, into private accounts. want the hard-earned dollars of the population 1,462, about a 2-hour drive Mr. HOEKSTRA. Mr. Speaker, will American people going to the most im- from the largest city in South Dakota. the gentleman yield? portant priority in our Nation. But it Now, there are about 780 K through 12 Mr. SCHAFFER. I yield to the gen- matters even more when one is the students in the town of Wagner, and tleman from Michigan to elaborate fur- Congressman who represents the chil- they rely heavily on Federal education ther on that story. dren who have been defrauded in the dollars because many of the students, Mr. HOEKSTRA. Mr. Speaker, I case that we just mentioned of $2 mil- over 50 percent in fact, live on the mean, when we think about this proc- lion for some of the poorest school dis- nearby Indian reservation. ess and we got involved in this issue, tricts in one’s constituency. Of course I Now, when Wagner does not get its when the Department of Education am speaking of the gentleman from Federal education dollars, there are failed its 1998 audit, which means the South Dakota (Mr. THUNE) who is here, very real consequences. This year, auditors came in and said the way that and I yield to him to tell us what this using Federal Impact Aid dollars, the numbers are reported in their fi- means back home in South Dakota for which is the program that we are dis- nancial statements, we have taken a him and his constituents. cussing here at this point, Wagner is look at their internal processes and Mr. THUNE. Mr. Speaker, I thank expanding the kindergarten program, procedures, and there is not a clear in- the gentleman from Colorado (Mr. adding chemistry and sociology classes dication or there is not a high degree of SCHAFFER) and the gentleman from in the high school, and hiring four new confidence that the numbers that they Michigan (Mr. HOEKSTRA) as well for teachers this year. Real fraud means are reporting accurately reflect what the great leadership that they have real pain to real students. happened within the Department of taken from discovering and examining Now, some of the students at Wagner Education. They did the same thing for and reviewing Federal budgets, and High School sent me a letter, and I 1999. They put some qualifications on particularly in this case the Federal would like to read it for my colleagues. it. The Department of Education made Department of Education, to deter- Interestingly enough, this was written some progress. mining what in fact is going wrong to the car dealer in Maryland who blew The interesting thing in the 1999 over there, why are we failing audits the whistle on this; and had it not been audit, which bears directly on the Im- and uncovering a lot of these issues. for him, we maybe never would have pact Aid that the gentleman just Mr. Speaker, I just think that the discovered this, but it is to the car brought up is that, in the 1999 audit gentleman from Colorado (Mr. SCHAF- dealer. The kids at Wagner write this. statement, which came out earlier in FER) made a good point, and that is It says: ‘‘To the honest car dealer, we the year 2000, but it was as they were that what we have talked about for are writing to thank you for being an taking a look at how the Department some time is getting the Federal edu- honest and aware individual. Your of Education was processing their cation dollar, in other words, the dol- awareness has helped solve a crime and checks and their payments in 1999, lars the taxpayers of this country pay your honesty has helped us to get the they said in the audit report that there that goes into Washington to support money we have needed for our edu- is no integrity in the process; that in- education, back into the classroom and cational programs. The money we re- dividuals within the process had too keep it from being lost in the Wash- ceived has helped us to build additional much latitude and too many respon- ington bureaucracy. classroom space for the elementary, sibilities so that perhaps the same per- There is a perfect example of why we junior and senior high school. We were son entering the data would have the have to do that. We look at what hap- badly overcrowded, and this extra opportunity to change the data and pened, let us me just retell the story space helps make our daily life so those types of things. It appears that very briefly here because I think this much better. may be exactly what happened in this paints a picture about what happened ‘‘The money has also been used to case. But it was brought out in the 1999 in South Dakota. One has got a school provide additional computers and the audit. that is waiting for its money, con- educational programs we need so that So what we find is they failed the tacted the Department of Education. we can have the best education pos- 1998 audit. They failed their 1999 audit. The Department could not find the sible. You probably have children and Specifically in the 1999 audit, they money, so it cut them a brand-new understand how important getting a raise questions about the integrity of check. good education is. the way that Impact Aid funds are dis- Meanwhile, back at the ranch, as ‘‘For this reason, we are very grate- tributed. Then we end up with the gen- they say, two men are trying to buy a ful that there are still people in the

VerDate 02-OCT-2000 01:38 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.077 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8769 world who know the difference between subsequently batch the requests and writing letters to the proper person in right and wrong and choose right.’’ authorize payment by the finance de- this case. It is not the Department that It is signed ‘‘Sincerely, students from partment. Inadequate segregation of got the money to the classroom, it was Wagner Community School in Wagner, duties in sensitive areas such as pay- the conscientious car sales agent at the South Dakota,’’ which I think is a re- ment processing can greatly increase dealership in Maryland, Hyattsville, markable, remarkable letter in that it the risk of errors or irregularities.’’ Maryland if I am not mistaken, who acknowledges the honesty and integ- I guess they are using nicer English saved the day. rity of the gentleman from Maryland, here to talk about exactly what went Mr. THUNE. Mr. Speaker, if the gen- the car dealer who exposed this par- on. But I would guess that errors or tleman will yield, this is one particular ticular incident, brought it to our at- irregularities is transferring the pay- obvious incident that we are looking at tention, and has helped us, I think, get ment from the gentleman’s two school here today, and it does become some- to the bottom of a lot of other issues districts in South Dakota and say let what personal because it was school that are occurring at the Department us put them into a bank account, into districts in my State and school dis- of Education. a personal bank account that we can tricts that are particularly in need of I would just simply add, Mr. Speaker, use to buy SUVs or a Corvette or pur- this support. Impact Aid is a program and say I think what we are talking chase a house. that supports school districts that about here is making sure that the But that is what Ernst and Young have a heavy Federal impact in their children of this country have the best said in 1999 in their financial audit. school districts, in this case Native possible education, that they have the The thing that we find is the Depart- American populations close to reserva- highest standards. I think, unfortu- ment of Education does not respond. tions. nately, what happens in Washington is Mr. SCHAFFER. Mr. Speaker, if I b 1330 we tend to dumb down the standards can clarify, Ernst and Young was hired But if we extrapolate or expand this, because it is so big and so bureau- by the Department of Education to per- Impact Aid is just one program. It is a form the audit on the Department’s cratic, and it is easy to lose a few mil- program that has worked very effec- books, much like many businesses do lion dollars here and a few million dol- tively and one program that I have around the country today to hire out- lars there. Pretty soon we are talking supported wholeheartedly to make sure about real money. side auditors to come in and give an that the resources are there to support I am very proud of the school system objective perspective. This was an our children, but think of all the var- in South Dakota. I have two daughters audit the Department of Education ious programs not only throughout the in that school system. But the reason paid for presumably so they can learn Department of Education but across all the school system works in South Da- from the result, not only on the finan- of government across this country, and kota is because we have local adminis- cial side of the audit, but the perform- the enormous potential for waste, trators, because we have school boards, ance side. fraud and abuse. because we have teachers, because we What I am hearing the gentleman This is why when we have these have parents who care enough about from Michigan (Mr. HOEKSTRA) say, as broad philosophical debates in Wash- their children’s education to become what we have heard in the committee ington about what to do with Federal involved. This sort of thing would not before, that the Department of Edu- surplus dollars, should we spend it in have happened with the local school cation actually had predicted, they Washington or should we get it back board in South Dakota. knew. Go ahead; please clarify. home, this is exactly why we have to I have to say again I appreciate the Mr. HOEKSTRA. Ernst and Young get this money out of Washington and work that both the gentleman from predicted. back in the hands of the American peo- Colorado (Mr. SCHAFFER) and the gen- Mr. SCHAFFER. Yes, Mr. Speaker, ple. tleman from Michigan (Mr. HOEKSTRA) Ernst and Young predicted that the De- Furthermore, if we look at it in are doing in exposing some of these sit- partment of Education had fully been terms of a principle, again coming uations, finding out more about it. The apprised of their possibility that its back to decision-making, who really failed audits in 1998 and 1999 I think controls were so lax and insufficient cares about our children? And I think drew attention to this. Certainly the that waste, fraud and abuse could take we all agree children ought to be the work that the gentlemen are doing is place in the specific fund that ended up focus of our educational efforts. They valuable to the people of this country costing the constituents of the gen- ought to be able to learn in safe, drug- and, more importantly, to the children tleman from South Dakota (Mr. free environments, they ought to have who our schools are supposed to serve. THUNE) $2 million. The thieves would the brightest and best teachers, and Mr. HOEKSTRA. Mr. Speaker, will have still been carrying on the caper they ought to know that there will be the gentleman yield? were it not for, not the Department of standards and accountability. The tax- Mr. SCHAFFER. I am happy to yield Education finding this crime, but a payers in this country and the parents, to the gentleman from Michigan. sales agent as at a car dealership. who pay the bills, ought to be able to Mr. HOEKSTRA. Mr. Speaker, here is I would like to underscore that for a know with some assurance that the the quote out of the Ernst and Young second, just that whole action, because dollars they are sending to Wash- report on internal control fiscal year we spend $40 million a year in the De- ington, D.C. to support education are 1999 audit of the Department of Edu- partment of Education on accountants, not being squandered in some enor- cation: ‘‘During testing of grant ex- on auditors, on people who are sup- mous bureaucracy, but are actually penditures for the Impact Aid grant posed to oversee the financial trans- making it back into the classroom program,’’ which is the program that actions of the Department. Their job, where they are improving the rate of affected the school districts of the gen- $40 million worth of them, their job is learning for our children. tleman from South Dakota (Mr. to make sure this kind of crime does This is an issue which I just think THUNE), ‘‘which incurred approxi- not take place, to read the audit and cries out for change, in the sense that mately $1 billion of expenditures dur- put the proper controls in place so that when we look at these issues, whether ing fiscal year 1999, we,’’ that is Ernst the money gets to the children. it is education or any other, that we and Young, ‘‘noted that two individ- They were warned. They paid for the have to get more of the decision-mak- uals were able to process drawdown re- warning. They paid for the expert ad- ing and more of the power and more of quests for funds and then subsequently vice. They ignored the warnings. The the money out of Washington and back approve their own processing of the crime took place. Even with $40 million into the classrooms and back into the drawdown request. Furthermore, we worth of auditors and accountants, living rooms and back into the commu- noted that several other individuals they still had no idea. It took a sales nities where it can make a difference; performed incompatible functions in agent at a car dealership to find the $2 where there are local decision-makers the processing of Impact Aid payments. million that was stolen from the South who care enough about their kids not For example, certain individuals have Dakota schools. to let this sort of thing happen. the authority to initiate payment re- That is why I find it so remarkable Mr. SCHAFFER. Republicans are for quests, approve payment requests, and and gratifying that the children are decentralized government. We are for

VerDate 02-OCT-2000 01:38 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.078 pfrm01 PsN: H04PT1 H8770 CONGRESSIONAL RECORD — HOUSE October 4, 2000 strong high-quality schools, we are for Mr. HOEKSTRA. I wanted to build gentleman from Michigan had high- well-paid teachers who are well-trained off the comments that our friend from lighted. The problems that plagued the and paid on a professional basis, and we South Dakota made in talking about Clinton-Gore administration’s whole are for money being spent on the prior- the amount of money that comes to management style back in 1993 still ex- ities that exist in various communities Washington and how Washington re- ists today. In fact, it is worse. It has around the country. sponds. gotten worse over time. The Washington model, the liberal Obviously, the Congress appropriates Mr. HOEKSTRA. If the gentleman model, the one the Democrats and the this money to the executive branch. will yield, there are a couple of other President have espoused over in the What this chart points out is that quotes the Vice President wrote in his White House is something very dif- there are nine major agencies or cabi- reinvention booklet here. Remember, ferent. Their model is oriented toward net level offices that cannot get a clean now, he is talking about a department building this large Federal bureauc- audit. It means that the auditors come that has failed its 1998 audit, failed its racy here in Washington to make deci- in and say that their internal proce- 1999 audits, and has projected it will sions for the whole country. To them, dures are not good enough to give a fail its next three audits. ‘‘The Depart- that seems more efficient. And as we high degree of confidence that their re- ment of Education has suffered from are seeing, structurally it just cannot porting in their financial statements mistrust and management neglect al- work. A large centralized education au- accurately reflects what is happening. most from the beginning. To overcome thority here in Washington takes The first thing we ought to be really this legacy and to lead the way in na- power away from locally elected school scared about is the one we have listed tional education reform, Ed must re- board members. It takes decision-mak- first, the Treasury Department. Our fashion and revitalize its programs, ing away from the classroom teacher, Treasury Department cannot get a management, and systems. AL GORE, away from the school board members, clean audit. We have talked about edu- Report of the National Performance away from the principals, away from cation. The interesting thing here is Review.’’ And it is dated not 2000, but the people who know the children best that neither Treasury nor Education ‘‘AL GORE, 1993.’’ and understand the priorities of a local can get a clean audit, and one of the Another quote: ‘‘The Department is community most; the people who can problems that we have highlighted in redesigning its core financial manage- ment systems to ensure that data from actually name the names of the chil- the education department is that they accounting, grants, contracts, pay- dren in those classrooms. have the authority to write checks and Those are the people we as Repub- at the end of the month, when they ments and other systems are inte- licans trust, and that is where we want check what they have written against grated into a single system. AL GORE, to place the authority and resources, what the Treasury Department has re- Report of the National Performance meaning tax dollars. That is our pref- ported as being cashed, they cannot Review, 1993.’’ The end result is that we erence. These folks over at the Depart- reconcile these two numbers. So we are now in the year 2000, the Depart- ment of Education is still failing its ment of Education are nice people. We have two major departments, Treasury audits, and the litany of waste, fraud have been down there. The gentleman and Education, which cannot get clean and abuse within this department is from Michigan (Mr. HOEKSTRA) and I audits. getting to be an embarrassment to the have actually walked down to the of- The Justice Department cannot get a department and actually an embarrass- fice and paid them a personal visit. We clean audit, the Defense Department cannot get a clean audit, the Agri- ment to the executive branch. went office to office and met a lot of Mr. THUNE. Not only is it an embar- these folks. They are like anybody we culture Department cannot get a clean audit, EPA, HUD, OPM, and AID. None rassment obviously to the government, know in our neighborhoods. They have of these agencies can get clean audits. I think it ought to be an embarrass- the pictures of their kids on their And we know by the work we have done ment to the taxpayers. And ultimately desks, and they have got education sys- by taking a close look at the Depart- that is what we are talking about here, tems in their neighborhoods that they ment of Education, when these agen- the taxpayers, the people who are pay- care about. But just from a functional cies cannot get a clean audit, they are ing the bills here. The people who pay perspective, this large bureaucracy creating an environment that is ripe the freight in this country are the peo- charged with trying to manage 50 State for waste, fraud and abuse. We have ple who are hurt the most. education systems, it is just not set up found all of that within the Depart- I come back to the point that in this to do it well. It cannot succeed. It just ment of Education. particular case we are talking about cannot. It is too big, too impersonal, And I think as the gentleman from waste, fraud and abuse as it applies to and there are too many moving parts. South Dakota mentioned, real prob- a couple of school districts in my State There are 760-some-odd Federal pro- lems and real mistakes impact real of South Dakota, but waste, fraud and grams they try to manage over there, people. In this case, the fraud within abuse means real pain to real students. and they manage a $120 billion budget. the Department of Education impacts Unless we can refashion and reshape So when they lose a couple million, young people in some of the neediest these agencies of government in a way they do not notice it. The car dealer schools in the country. that makes them responsive to the peo- has to notice it and the kids notice it, Mr. SCHAFFER. The Clinton-Gore ple that they are there to serve, we will but the Department does not notice it. administration knew that they had continue, I think, to uncover incidents But I tell my colleagues this. If we can this problem years ago. In fact, it was just like this one. get that money to the local classroom, the Vice President who put together a And, again, thankfully, there was a I know every single principal in my report back in 1993 called the National car dealer in Maryland who had the district would notice $2 million miss- Performance Review report. Here it is courage to recognize this incident and ing. I know every school board member right here. Does the gentleman have contact the appropriate authorities. elected to manage schools in Colorado the famous quote highlighted here, by Because, frankly, had it not been for would notice $2 million missing. I know chance? that, who knows. Really, who knows if every single schoolteacher would no- Well, somewhere in this document, this ever would have been discovered. tice $2 million missing. But over in the this nice shiny document that appar- Because the Department of Education, Department, they did not notice. It ently the Department of Education when the shortfall became evident in took the car sales agent to find the guy never opened up, is this quote, and re- the State of South Dakota in the two who was trying to buy a Corvette with member this is a quote from the report school districts, after a period of time, the stolen money to notice, a real per- published by the Vice President, it and in one school district a protracted son who made a big difference for chil- says, ‘‘In other words, if a publicly period of time, but they just issued a dren in South Dakota in this case. And traded corporation kept its books the new check. They just cut a new check. presumably for other children because way the Federal Government does, the Hey, it is no big deal, we will just get we are going to crack down on this Securities and Exchange Commission a little more money here and we will part of a failed department as well. would close it down immediately.’’ take care of it. But that is the prob- I yield to the gentleman from Michi- That is what the Vice President said lem, again, when there is no account- gan. in this report evaluating just what the ability. And what this cries out for is

VerDate 02-OCT-2000 01:38 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.080 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8771 higher standards and more account- orrhaging cash to the extent that it is vestigations was a theft ring involving ability. today, that it serves no one well to collaboration between outside contrac- And, really, it does start at the top. continue to feed more money into this tors and the Department of Education I appreciate all the studies that have machine that loses cash, has it stolen, employees who operated this theft ring been done, the Vice President’s study has it squandered, cannot account for for at least 3 years, starting in 1997; back in 1993; but here we are in the it, and, in the end, gets a fraction of and we finally caught it almost in 2000. year 2000, and leadership on issues like the money back to children. They stole more than $300,000 worth this really starts at the top, from the We have talked about the example of of electronic equipment. They stole top all the way down through all the the $2 million that was stolen out of computers. They stole television sets. respective agencies. I am sure the gen- the department from the children in They stole VCRs. They stole phone tlemen will find, as they continue to South Dakota and used to buy cars. I equipment. They stole all kinds of elec- research the Department of Education, would point out the thieves in this case tronic computer equipment and so on. more incidents, more examples of actually did buy two cars. It was the And they also collected more than waste, fraud and abuse. And certainly third dealer that they went to to buy $600,000 in false overtime claims. from the standpoint of the taxpayers, another car that realized there was a So we had people in the Department it is not a good return and it does not crime going on and turned them in. of Education who were signing these do anything to help the children of this But my point is, this is more than a work vouchers for some pseudo con- country to have the taxpayers send al- suggestion that there is a potential for tractors outside of the Department of most $40 billion a year, that is with a more waste, fraud and abuse. We have Education so that they were getting B, $40 billion to Washington with the lots of other examples, and I will go paid for work that they did not do. Ex- intention that those dollars are going through a couple more here in the next cept in one case, in this particular ex- to be used in some fashion to help im- minute or so, but I would yield to the ample, the manager in the Department prove the rate of learning of children in gentleman from Michigan. of Education actually sent an employee this country only to find examples like Mr. HOEKSTRA. Well, I just wanted out to go out to Maryland to pick up this, and the others that the gentlemen to mention that not only did they buy crabcakes and bill that to the tax- have noted and that throughout their cars, they bought a Lincoln Navigator, payers of America. research continue to crop up. This only a Cadillac Escalante, they bought a It is just mind boggling. Here is how continues to build the cynicism and house, and they were going to try to it worked: The Department of Edu- the mistrust and everything else that actually buy a Corvette. So it is inter- cation employee charged with over- exists in our culture today about the esting. seeing these outside contractors would Federal Government, and that is truly I was going to say we have to get to order equipment through the con- unfortunate. this before our time is up. We ought to tractor and these were funds that were These are embarrassing examples not go through some of these other cases of paid for, equipment that was paid for only for the agencies of government abuse, but we should also talk about by the Department of Education, and who are responsible and have the tax- what is actually happening with our they would have it delivered by a payers’ trust and are the stewards of kids. complicit contract employee, she had those dollars; but, more importantly, it delivered to her house and to her b 1345 these are embarrassing to the people friends’ houses. who pay the bills in this country. If we There is a lot of information out And the contract employee also did want to build trust and confidence in there. Our kids are not testing well these personal errands. I mentioned the the government, we cannot have these when we compare them to inter- crab cakes that this contract employee sort of things happening. national standards. ran out to buy and bring back so she Again, in my judgment, what it does It is kind of interesting. A number of could eat them for lunch. And, in re- is it just points to the need to make the newspapers have been running an turn, she signed off on these false sure that we do our job as a Congress in ad this week saying we are lucky this weekends and holiday hours that were terms of oversight; and, secondly, to is not the Olympic scores, and they list never worked. And that was paid for by make sure that the Federal dollars 21 countries and the U.S. is 18. What it the children of America. That is where that come in here are used efficiently is is on educational achievement, on the money went. and that we do everything we can to the third international math and Money that we want to get to class- get them back out of Washington, back science study. And it is disheartening. rooms, money we Republicans think where decisions are made locally, back Not enough of our kids are testing at children could use, instead was going where decisions are made by people proficiency grade level. to pay almost $600,000 worth of false who care about their communities and The fastest growing program in our overtime hours and bills and these their children. colleges today, we had a hearing today projects where they run out and buy As the gentleman mentioned, I am on overseas studies programs, that is crab cakes for themselves. sure they are very well-intentioned not the fastest growing program on This theft ring is still under inves- people and good people at the Depart- college campuses today. The fastest tigation by the Justice Department. ment of Education here in Washington, growing program on college campuses There are several who were inves- and they care about their children. But today is remedial education, taking tigated who signed guilty pleas, and the reality is parents, communities, kids who have graduated from high seven Department of Education em- and teachers care a lot more about the school, but cannot perform at basic ployees have been suspended indefi- children when they know their names, levels in reading, writing and math so nitely without pay pending the final when they have the personal contact. they get in college and they have the outcome of this probe. And there are And that is where the decision-making, colleges and the universities to do re- more examples. that is where the authority, and that is mediation. Mr. HOEKSTRA. Mr. Speaker, if we where the power and resources ought But that is the problem and that is just go through them quickly: to be focused, not in a Washington bu- the sad part here is that we have got a The Department of Education, Sep- reaucracy. Department of Education with all the tember 1999, prints 3.5 million financial Mr. SCHAFFER. I have actually had kinds of problems that we have out- aid forms. One problem, they printed superintendents of schools and school lined and at the same time we are leav- them incorrectly. It cost the American board members and principals who tell ing too many kids behind. taxpayer $720,000. me not to spend another dime on that And so, if the gentleman wants to There is one that we call ‘‘dead and agency until we get it cleaned up and take a look at some of the other exam- loving it.’’ The Department of Edu- until we get that financial disaster cor- ples of waste, fraud and abuse, we can cation improperly discharged almost rected. They need the money. They do that. $77 million in student loans. We have a want the dollars in the classrooms. But Mr. SCHAFFER. Mr. Speaker, one policy in place that, if a person, a bor- they also realize that when there is a other example that we investigated in rower, dies or they become disabled, Department of Education that is hem- the Subcommittee on Oversight and In- their loans are forgiven them. In this

VerDate 02-OCT-2000 01:38 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.082 pfrm01 PsN: H04PT1 H8772 CONGRESSIONAL RECORD — HOUSE October 4, 2000 case, we forgave $77 million of student people who have gotten their loans for- cation tax, an agriculture tax, a de- loans. given are probably real happy about fense tax. They are just paying taxes, Even better news for these young this and the people who got the double almost half their income; and they ex- people is that they were not dead and payments that are being made out pect that somebody here in Washington they were not disabled. We just forgave there. I mean, there are some bene- is going to object for the $20 million them the loan improperly. ficiaries of all this waste, fraud and mural in the Department of Education. This again, where we talk about I abuse I am sure. But the people who Because what every American knows is think what we saw in South Dakota, are paying for it are the people who are that they prefer to have that money this affects real people. Thirty-nine supposed to be served by the programs spent on their children and schools. students were selected to receive the and the taxpayers of this country So whether it is waste in the one de- Jacob Javits Fellowship. This is an whose dollars they are in the first partment or any of the nine agencies award given to students that are grad- place and who have high expectations that cannot even tell us how they uating from undergrad that the Fed- about what their Government ought to spend their money because they fail eral Government agrees to pay for 4 be in terms of being responsible and ef- their audits and do not do it well, from years of graduate schoolwork for them. ficient in the use of those tax dollars. a taxpayer’s perspective, they know Having a daughter that is just going I know my colleagues are focusing on what real priorities are in America: de- to college, I can imagine how excited education. We had in the Committee on fending the country, educating our the parents would be that the tuition is Agriculture the other day, and I am children, keeping the roads in operable covered. I can imagine how excited the not on this subcommittee, but the condition, and things of that sort that student would be, and I can also imag- Committee on Oversight and Investiga- are real priorities for the country. ine how excited her friends and also her tions had a hearing. The agency or di- I think we owe it to taxpayers. As academic institution would be for that vision within the Department of Agri- Republicans, I think taxpayers rely on kind of recognition. culture that is responsible for the CRP us to expose this kind of waste, fraud The good news is we had 39 winners. program came up to the Committee on and abuse whether it is in the Depart- The bad news is the Department of Agriculture to explain how $20 million ment of Education, Department of Ag- Education notified the wrong 39 young had been spent on a mural on a garage riculture, or whether it is the million- people and said, you are the winners, and on providing bus transportation for dollar outhouses that the U.S. Park and 2 days later they had to call back people to attend Sierra Club meetings. Service built out in some national and say, sorry, we got it wrong; you did Now, when questioned about that, park. All of these things should not go not win. how could you use those dollars in that unnoticed. That was February of 2000. fashion, the answer was, well, we have I think it is the more honest ap- This year alone, the Department of very broad authorities and that is a proach that we have joined forces as a Education has issued over $150 million justifiable, legitimate use of taxpayer Republican majority to tell the truth in what I think my colleague was talk- dollars. about this waste, to expose it, to talk ing about earlier, duplicate payments. I do not know about my colleagues, about it, to begin to fix these problems. We pay you once. We pay you twice. and irrespective of what they think Because our message is positive. We And that is the $150 million of the con- about one organization or another, pro- want to get resources to the top pri- tractors who have notified us or that viding federally subsidized transpor- ority where they are needed most. We the Department of Education caught. tation to go to a Sierra Club meeting disagree with our Democrat colleagues Who knows how much they have not or any other club meeting seems to me who say these are problems but let us caught. to be a little bit outside of what people just spend more so we do not notice. Mr. SCHAFFER. So this is, the De- would expect in terms of taxpayers and No. People work too hard for that partment, I mentioned this before, the use of their tax dollars in this money. It should not be wasted and sends duplicate payments for the same country. squandered in accordance with these expenditures. It would be like your em- And so, I just use that again. My col- examples that we have spoken about ployer sending you two paychecks for leagues are talking about educational today. Our positive agenda is to spend the same month. issues and the Department of Edu- money wisely and to be prudent and re- Mr. HOEKSTRA. Absolutely, and cation and clearly they have a very, sponsible with somebody else’s money, maybe knowing it and maybe not very long record and have accumulated in this case the money that is taxed knowing it. tremendous amount of evidence of the and sent to the Federal Government by Student financial programs are annu- waste, fraud, and abuse that occurs way of tax revenues. ally cited. And while we are talking there. Mr. HOEKSTRA. Mr. Speaker, when about real money, this is now talking But as the gentleman from Michigan we take a look at it again, when we see 70 to 80 billion dollars of loan portfolios (Mr. HOEKSTRA) noted earlier with his the waste fraud and abuse, I mean, it is that they manage. chart, many other agencies of Govern- really scary. But then it also gets to be The General Accounting Office calls ment fail their audits, as well. And this scary when we take a look at some of these high-risk programs most suscep- is another example, another depart- the places where we consciously make tible to waste, fraud, and abuse. And ment of Government, a program, the the decision to spend the money. what do we know when outside experts Conservation Reserve Program, which My colleague, the gentleman from come in and highlight these programs? is designed to benefit producers in this South Dakota (Mr. THUNE), talked They are right. country and to further protect the en- about the mural. Somebody in Federal Ernst & Young says the $40 billion vironment, add to wildlife production Government made the conscious deci- that you spend is right for waste, and other things that is designed spe- sion that spending $20 million of tax- fraud, and abuse. We have got a long cifically with a purpose in mind, those payer money in that area was a good list of it. Now GAO comes in and says dollars are being misdirected in a way idea. Someone also made the decision your loan programs are high risk for that I think is totally inconsistent consciously that taking people and waste, fraud, and abuse. And we have with the purpose and totally incon- busing them to these events was a good got all kinds of examples in that area, sistent with what is right with the tax- use of taxpayer money. as well, and it gets to be real money at payers. The Department of Education’s a time when we really ought to be fo- Mr. SCHAFFER. Mr. Speaker, I closed captioning. We pay for this. We cusing on getting those dollars into a would submit and I know my colleague can watch The Young and the Restless; classroom. would agree that it all relates. It is all The Bold and the Beautiful, I never Mr. THUNE. Mr. Speaker, I would the same from a taxpayer’s perspec- heard of that one; Days of our Lives; just simply add, Mr. Speaker, to what tive. Back home in Ft. Collins, Colo- Sunset Beach; Men in Tool Belts; the my colleagues have said here in the rado or Pierce, South Dakota or Hol- New Maury Povich Show; Dukes of sense that a lot of these dollars in land, Michigan they are sending their Hazard; Bewitched; Gomer Pyle; Dy- these various programs, I am sure money to Government. That is all they nasty; WKRP in Cincinnati. The Fed- there are people who appreciate it. The know. They are not saying an edu- eral Government is paying for closed

VerDate 02-OCT-2000 01:38 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.083 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8773 captioning, all of those programs, to have got a program called Dollars to new kind of leadership that really un- the tune of almost $9 million dollars. the Classroom. It says we want to get derstands education funding is about At the same time, we recognize that 95 cents of every Federal education dol- real people, real children. When the De- a lot of our kids are not reading by lar back into a local classroom. We partment loses funds or squanders re- third grade, they are not reading by have got Ed-Flex. What is Ed-Flex? sources or mismanages programs, there fourth grade, they are not reading by What Ed-Flex says is we know that as are real Americans who suffer and suf- fifth grade. But we are doing these we have gone around America with our fer mightily as a result of that kind of types of things, and it really is time, I project called Education at a Cross- mismanagement, and it is the same think, for us not only to wipe out the roads, the States have consistently kind of mismanagement that the White waste, fraud and abuse but to take the come back and said, we get 6 to 7 per- House even wrote books about in 1993. dollars and focus them on the programs cent of our money from Washington; It is a tragedy that they failed to fol- and the efforts that will make the big- we get 50 percent of our paperwork. Ed- low their own advice, clean up the gest difference. Flex says we are going to allow school waste, fraud and abuse in the Depart- Mr. SCHAFFER. Mr. Speaker, that districts and States to eliminate part ment, get money to the classroom. has been our objective here in Congress of the bureaucratic nightmare that we They have had 8 years to work on it, as a Republican majority is to chop have imposed on them. they have squandered their oppor- this waste, fraud and abuse out of Fed- We have a program which we call tunity, they cannot do it. We will. eral agencies to begin to consolidate Straight A’s. So we are going to get Mr. HOEKSTRA. Creating a Govern- programs so that we can send money more dollars into the classroom, we are ment That Works Better and Costs back to the States in larger chunks going to get rid of the red tape, and Less, Report of the National Perform- with fewer moving parts so that there then what we are saying is we are ance Review. is more accountability and we involve going to allow you more discretion so We can speak from experience that more local leaders in the disbursement that in a school district in Colorado, if the redesign or the reinvention of the of those funds. they need to buy technology, they can Education Department has been a fail- In that way we really are not talking go out and buy computers. But if a ure. AL GORE dropped the ball at the about spending more money on edu- school district in my area of west Department of Education. The Amer- cation per child but spending less over Michigan says we really want to do ican taxpayer is paying for this. More time in what is budgeted for all this teacher training, they can take those importantly, America’s children are wasted money that takes place here dollars and use the dollars for teacher paying the price for this failure of re- under the Clinton administration. And training, so that we recognize that the invention at the Department of Edu- so, it is a positive message that we are needs of west Michigan are very dif- cation. It was promised us in 1993 and about, it is a proactive agenda that we ferent than the needs of Colorado or the conditions are as bad if not worse are trying to unfold here in Wash- South Dakota, so we are going to give in the year 2000 than what they were in ington. It is a different agenda which school districts flexibility. 1993. our Democrat friends and the Clinton- The other thing that we want to do is f Gore administration have presided over we want to fully fund our commitment PIPELINE SAFETY LEGISLATION for the last 8 years. to the Individuals With Disabilities AND THE LONGHORN PARTNERS b Education Act. The Federal Govern- 1400 ment committed to paying 40 percent PIPELINE In their own words, it could not be of this mandate that was placed on our The SPEAKER pro tempore (Mr. made any clearer by the Vice President local school districts. I think this year OSE). Under a previous order of the himself when he said, in other words, if we are going to be all the way up to a House, the gentleman from Texas (Mr. a publicly traded corporation kept its high, and that is under a Republican GREEN) is recognized for 5 minutes. books the way the Federal Government Congress, the other side was never able Mr. GREEN of Texas. Mr. Speaker, does, the Securities and Exchange to achieve this kind of funding for before the end of the 106th Congress, I Commission would close it down imme- IDEA, we are paying 13 percent. But am hopeful to be able to pass a com- diately. that means, the other part of that prehensive pipeline safety bill. On Sep- They knew that back in 1993 when mandate, the other 27 percent which we tember 7, the Senate unanimously they printed this. They knew that 2 committed to pay now has to come out passed the Pipeline Safety Improve- years ago when Ernst & Young did the of a local school district’s taxes. What ment Act of 2000. This bill is tough and audit of the Department of Education we need to do is we need to fully fund has many public safety provisions. For and warned the Department of Edu- our commitment and when we do that, example, the daily penalty for a viola- cation that there was a potential for we will free up local dollars to use for tion of regulations increases from theft to take place in the Impact Aid school construction, hiring teachers, $25,000 a day to $500,000 a day. In addi- funds; but in all cases they were too technology, other improvements, what tion, pipeline companies must now re- busy trying to persuade Americans they believe their kids need. port spills in excess of five gallons as that they were not paying enough Mr. SCHAFFER. We tried, you and I opposed to 50 barrels or 2,100 gallons taxes and did not spend enough time tried and others, the more conservative under current law. making the government more efficient, Members of Congress tried to actually Other provisions in this bill require and in this case and in several other put more money into that unfunded pipeline companies to have a detailed cases, the children of America suffer. Federal mandate because we know it pipeline integrity plan as well as man- We want to end the suffering. We frees up local districts to provide pay dating stronger training and qualifica- want to end this burden of waste, fraud raises for teachers, to build new class- tion requirements. The bill also and abuse that has been perpetrated rooms, to invest in the technology. We strengthens the public’s right to know upon the American people. We want a offered amendment after amendment and provides whistle-blower protec- brighter day for education of American here on the House floor when the ap- tions for pipeline employees. students, where dollars are spent wise- propriations bill was here to beef up I believe this bill is a good start. Al- ly, dollars get to the classroom, and the funding for the Individuals With though I would still like to include Americans have their confidence re- Disabilities Education Act; but AL other public safety protections, I un- stored in how their Federal Govern- GORE and Bill Clinton, they did not derstand the need for a pipeline safety ment works. help us, they were not interested. In bill this year. I look forward to work- Mr. HOEKSTRA. I think we ought to fact, their budget opposes what we ing with my colleagues on the Com- take a little bit of time talking about want to accomplish with fully funding mittee on Commerce that I serve on where we are with kids. We know our the Individuals With Disabilities Edu- but also in the Committee on Trans- kids are not tested enough, but we also cation Act. portation and Infrastructure if nec- have proposals to fix these problems. I am hopeful and optimistic that we essary to move even more legislation, We have a series of objectives that say are on the threshold of perhaps a new stronger legislation next year. Pipe- here is what we would like to do. We day over in the White House with a lines have been shown to be a much

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.085 pfrm01 PsN: H04PT1 H8774 CONGRESSIONAL RECORD — HOUSE October 4, 2000 safer way to transport products than viable transportation means while that we are now turning to issues that trucks or other methods and the cur- maintaining and improving public safe- confront the American public. Unfortu- rent bill increases that safety factor. ty. nately, sometimes with the barrage of I have also been working with several f issue ads that we see and at times con- of my Texas colleagues and colleagues flicting claims, I can understand how SERVING THE SAN DIEGO in the southwestern United States to the American public can be confused COMMUNITY secure Federal approval of a project about what the actual truth may be in called the Longhorn Pipeline. The The SPEAKER pro tempore. Under a a particular area. But I will tell you in Longhorn Pipeline begins at Galena previous order of the House, the gen- the areas that relate to the environ- Park, Texas, in east Harris County in tleman from California (Mr. FILNER) is ment, there is really no excuse for con- the district I represent and goes across recognized for 5 minutes. fusion. The differences could not be Texas for approximately 700 miles to El Mr. FILNER. Mr. Speaker, I rise clearer between the two political par- Paso, Texas. today to recognize the 86 years of serv- ties and the two major candidates. This pipeline is intended to carry re- ice given to the San Diego community We wanted to take a few minutes this fined petroleum production from Hous- by the Neighborhood House Associa- afternoon to address those issues of the ton to southwest markets of the United tion and at the same time the 35th an- environment, where people stand and States in El Paso and Midland/Odessa niversary of Head Start, both nation- what difference it makes for the Amer- and hopefully beyond. After much wide and at this location. ican public. I am honored to be joined delay, the Federal Government now Neighborhood House is a multipur- in this discussion this afternoon by the seems to be willing to move forward in pose social service agency whose goal gentleman from California (Mr. the process. George Frampton, chair of is to improve the quality of life of the GEORGE MILLER), the ranking member the Council on Environmental Quality, people served. It is one of the largest of the Committee on Resources, a gen- has recommended the EPA and the De- nonprofit organizations in San Diego, tleman whose legacy in terms of pro- partment of Transportation to include reaching more than 300,000 San Diego tecting the environment, dealing with the analysis of the Longhorn Pipeline residents with its programs. Since Dr. natural resources, fighting against pol- project by finishing the environmental Howard Carey assumed leadership as lution, leadership on a wide variety of assessment. president and chief executive officer in issues is unparalleled. The many studies and analyses con- 1972, Neighborhood House has grown Mr. Speaker, I yield to the gentleman ducted by the Federal Government in- from a budget of $400,000 and a staff of from California. dicate that the extensive mitigation 35 to the current budget of approxi- Mr. GEORGE MILLER of California. plan supports this action. The Long- mately $50 million with 800 employees. I thank the gentleman very much for horn Mitigation Plan protects the envi- Among the most important of the serv- yielding, and I thank him for taking ronment and all the people along the ices of Neighborhood House is Head this time that we might have an oppor- pipeline route and is of a scope and Start, and the 35th anniversary of Head tunity to discuss both the environ- rigor unprecedented in the pipeline in- Start is being recognized at a Gala 2000 mental challenges that are presented dustry. It includes measures designed event by the Neighborhood House Asso- in this election season and by this Con- to reduce the probability of a spill as ciation on November 17, 2000. gress and by the differences between well as measures designed to provide As we all know, Head Start is the Governor Bush and Vice President greater protection to the more sen- most successful federally funded pro- GORE. sitive areas, including areas where gram for children that has been cre- I, as many Americans last night, was communities and drinking water could ated. It has touched the lives of tens of shocked when, although I guess we be affected. thousands of low-income preschool should not have been surprised but The Longhorn Pipeline meets or ex- children and their families. The Neigh- shocked when Governor Bush suggested ceeds current statutory, regulatory borhood House Head Start serves 7,000 that the way out of our energy crisis and industry standards. The pipeline preschoolers and their families in 77 was to simply drill in the Arctic Na- would be the safest in the history of centers, the largest San Diego Head tional Wildlife Refuge and that would the United States. I do not make this Start program. And plans are in place in fact solve the problem. statement lightly. For instance, the to provide for over 11,000 children to be b 1415 mitigation measures are adjusted reached in over 130 centers. along the route of the pipeline based on Mr. Speaker, Head Start and the As was correctly pointed out by Vice the sensitivity of the area. The route Neighborhood House are in the busi- President GORE, if you simply do that, was divided into approximately 8,000 ness of helping people to help them- you do nothing but add a couple of segments, and the relative sensitivity selves. They strive for permanent months of oil supply to the total con- at each segment was determined based changes, and long-term self-sufficiency sumption of the United States, but you on factors including the proximity to is their goal. On the occasion of the have done nothing on the other side, population centers, drinking water sup- Neighborhood House Association’s Gala which is consumption, conservation, plies, and protected species habitat. 2000, I am honored to congratulate both new technologies, all of which are nec- I cannot begin to understand why the Head Start and the Neighborhood essary if we are going to use these oil Federal Government has taken this House for their many contributions to resources in a wise fashion. long, and to have made such a difficult the children and families of San Diego. It is unfortunate that the first thing process in the regulatory lag is amaz- f that Governor Bush would suggest to ing. We still have time to salvage the the American public is that we ought good intentions and still have the suc- PROTECTING OUR ENVIRONMENT to, in fact, treat the Arctic National cess that was started with this process. The SPEAKER pro tempore. Under Wildlife Refuge much as we would an But we need to act now. I say we, the the Speaker’s announced policy of Jan- oil field in East Texas. There is a world Federal Government. Since Longhorn uary 6, 1999, the gentleman from Or- of difference between those two, and filed for the pipeline conversion in 1997, egon (Mr. BLUMENAUER) is recognized perhaps Governor Bush does not under- two other previous crude-oil-conver- for 60 minutes as the designee of the stand that. sion-to-refined-products pipelines are minority leader. But the Arctic Wildlife Refuge is not up and running. I repeat, they are up Mr. BLUMENAUER. Mr. Speaker, we just that. It is a refuge for wildlife, of and running with not the mitigation have just witnessed last night the first caribou and other species, that are measures that are part of this Long- of the presidential debates between the greatly threatened by additional devel- horn Pipeline. candidates of the two major parties. opment in the Arctic, and it is impor- If we are interested in pipeline safe- After a great deal of wrangling, I was tant that we understand that, because ty, we need to encourage pipeline com- pleased to see that Governor Bush I think, again, as Vice President GORE panies to establish mitigation meas- agreed to the debate commission’s rec- pointed out, you need not destroy our ures such as these. Working together, ommendations and has agreed to share environment to improve the energy sit- we can ensure that pipelines remain a the platform. I think it is important uation in this country.

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.087 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8775 We know that there are all kinds of basic national laws in this country not come to pass, unfortunately, in additional energy efficiencies, whether that provide for the protection of the this Congress, in terms of mass transit, it is the insulation of our home, wheth- environment, the laws of the Clean in terms of the design of our commu- er it is the improved efficiency of the Water Act, of the Clean Air Act, of the nities, in terms of making them trans- generators of electricity around this Superfund law, of the Endangered Spe- portation-friendly to various options, country, as we are replacing old and cies Act. whether they are trains or mass transit worn out generators, whether it is the Time and again in the Committee on or buses or car pooling, these kinds of improvement of the gas mileage of our Resources, the gentleman does not sit arrangements. Then you really send a automobiles. on the Committee on Resources, he sits message to the sheiks in the Middle This Congress, the Republican Con- on the Committee on Transportation East, if you will, who are running the gress, has stalled year after year the and Infrastructure, and I think he has cartel, that their market is not going consideration of improving the gas some similar actions that take place to be as great because we are going to mileage of automobiles. So now where there, but we see constant attempts to stop the waste of that energy. do we find ourselves? We find ourselves, try to override the Endangered Species I thank the gentleman for yielding, essentially, where the fleet averages Act, to try to approve projects without and will ask him to yield later in this are going backwards to where they the consideration of the impact on the special order. were in the 1970s, and now we see once species. Yet we know that in all of the Mr. BLUMENAUER. Mr. Speaker, I again we are threatened with competi- polling data, which is an indication of appreciate the gentleman’s comments, tion by foreign auto makers intro- the American public’s attitude, that 80 and I think he hit the nail right on the ducing hybrid cars, racing ahead on percent of Americans agree that pro- head. What Vice President Gore and fuel cells. tecting land, water and wildlife and the Democrats in Congress have been We know that 70 percent of all the other natural resources is extremely advocating is giving the American pub- energy that is imported into this coun- important to them and two-thirds of lic choices. We right now have 3 or 4 try is used for transportation, so to them believe that the Federal Govern- percent of the world’s oil reserves. We continue to waste it on the highways is ment, the Federal Government, should are consuming currently 25 percent. The gentleman rightly catalogued a tragedy, and especially when people in fact be doing more to protect our the efforts on the part of this Congress, now are forced into paying, because of forest resources, to protect our wilder- Republicans, to stop us from moving the cartel in the Middle East and the ness resources, to protect the national forward; cutting back on energy con- big oil companies in this country, are parks and the public lands of this Na- servation, avoiding opportunities to re- forced to pay in excess of $2 a gallon. I tion. In fact, they go so far as to sug- instate and even study the impact of bet most Americans wish that this Re- gest they would like the Federal Gov- energy efficiency in vehicles across the publican Congress had not kept us from ernment to create more of these oppor- fleet. As the gentleman points out, it reviewing those mileage standards, so tunities within our society. goes in the wrong direction. The gentleman from Oregon has been that if they are going to have to pay $2 It is important that we give the a gallon, they might get 30 or 40 miles a leader in trying to explain that. As American public choices. If the Amer- a gallon, as opposed to 19 or 20 miles the Vice President pointed out last ican public had realistic choices two per gallon. night, this is not about having to ruin times a week to take mass transit, to I think it is an important distinc- one value in America to achieve an- car pool, to be able to telecommute, tion, because I think it highlights the other value. We would like energy having the opportunity, other than just rather cavalier attitude of Governor independence, we would like energy ef- being in their own car commuting by Bush toward the environment. It is out ficiency, we want to make sure that we themselves, we would not have to im- of step with the American public. It is can meet the demands of our economy, port any oil. But, again, Governor Bush clearly out of step with the American but we do not have to destroy the envi- has no initiatives in this area, and our public’s desire to protect the environ- ronment in the process. friends in Congress have been cutting ment, to clean up the environment So I thank the gentleman at this back on solid initiatives that have been where it has been polluted, and to keep time for taking this time, and I want advanced in the past. it from being polluted where it has not to yield back to him so he can partici- I appreciate the gentleman focusing happened. pate. I see we have been joined by our on this notion of just simply drilling in Clearly an overwhelming majority of colleague from Maine (Mr. ALLEN). the Arctic National Wildlife Reserve. Americans want to expand our Na- But I want to point out that last This, of course, is opposed by the over- tional Park System and to protect the night, to hear that that was the single whelming majority of the American National Park System. They want to strategy of Governor Bush to answer public, even in these times of scarce increase the public lands that are the energy question, was simply drill energy availability. They know that available to them and their families more, and to suggest that somehow we opening this portion is not only an en- and their communities, whether those have not been drilling in the past, the vironmental threat, but it just pro- are neighborhood parks, city parks, re- hottest drilling area in the world is not longs the ultimate solution that we gional parks or State park systems. in Russia, it is not in China, it is not in have. It is, at most, a 6-month supply In the State of California, where I Indonesia; it is in deep water off of the of oil, and it would take up to 10 years come from, the State park system is coast of the Gulf Coast of the United for us to be able to bring that oil to oversubscribed on every holiday, on States of America. People have been market. Threatening the Arctic Re- every weekend, by people who want to drilling here. serve for something that is not going take their families out and enjoy that But it is the manner in which we to make a difference in this crisis or kind of experience. They want to pro- have been wasting the resources. We the next crisis is an example of a failed tect the farmlands in our growing com- have been wasting the resources, and one-dimensional approach from Gov- munities so there will be open space, so we now say we are going to invade the ernor Bush. there will be an opportunity to protect Arctic National Wildlife Refuge in We are going to talk more, because in the habitat of endangered species, so some desperate attempt to achieve en- fact that is not unlike some of the that they can use open lands to buffer ergy independence. We ought to problems that he has with his own en- the dramatic growth that has taken achieve energy independence, and the vironmental legacy in Texas. place in so many of our suburban com- gentleman knows more about this and Before elaborating on that, I did munities. I would hope he comments on this. If 70 want to be able to turn, if I could, to That is what the American public has percent of the imported oil in this our colleague, the gentleman from said they want, and they have said that country is going into transport, that Maine (Mr. ALLEN), from the other over and over and over again. Yet what tells you that maybe where you want Portland. The gentleman from Maine we have seen in the agenda of the Re- to start thinking about the problem is (Mr. ALLEN) has developed legislation, publicans on the Committee on Re- with the automobile, to make it more for instance, to help clean up pollution sources on which I sit and in this House efficient, to do some of the things the from aging power plants. He has intro- is to constantly attack the underlying gentleman has talked about that have duced two bills to curb air pollution,

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.089 pfrm01 PsN: H04PT1 H8776 CONGRESSIONAL RECORD — HOUSE October 4, 2000 the Clean Power Plant Act and the Om- to 40 percent of all the man-made car- do not propose to first ensure that we nibus Mercury Emissions Reduction bon dioxide emissions in this country have more efficient society, that we Act. He has been a leader as a local of- come from these old coal- and oil-fired bring out the waste that exists within ficial, the mayor of Portland, Maine, power plants. the United States and the world in and in his work here in Congress, not What we need to do is, and the tech- terms of our consumption of oil. Their just for dealing with things like pre- nology is there, this is relatively easy first idea is let us go to the most pris- scription drugs, but working to make stuff if you have the political will to do tine part of the entire country, the sure that Americans have the quality it, what we need to do is make sure Arctic natural refuge area and to begin of life that they want and they deserve. that we are taking steps toward bring- drilling, even though they still have It is my great honor to yield to the ing all these power plants and other in- not even begun to tap all the rest of gentleman from Maine (Mr. ALLEN). dustrial plants, which I will speak Alaska in terms of its oil production Mr. ALLEN. Mr. Speaker, I thank about in a moment, up to new source capacity. the gentleman for yielding. emissions standards. Let us use the lat- It is a ruse, in other words. They I have to say I am pleased we are est technology. Let us have cleaner air take every crisis not as an opportunity doing this special order, because and let us burn less fuel. to explain to America how we can use watching the debate last night, there If you turn to Texas, the record there these natural resources more effi- was a striking and clear difference be- for Governor Bush is a very different ciently, but rather how can we now tween AL GORE and George W. Bush on record. In fact, the Texas Air Crisis take the most precious part of the nat- these environmental issues. In fact, Campaign has just put out a press re- ural resources we have in the country, just to turn for a moment back to the lease indicating that in the 1999 session in the Arctic, in these refuge areas, and energy issues that the gentleman and of the Texas legislature, an effort to begin drilling there as well? They say, the gentleman from California (Mr. mandate reductions from grand- well, all we will leave is human foot- MILLER) were discussing, if you pay at- fathered industrial plants in Texas was prints there. tention to what has been in the news headed off when the Governor’s office I do not know why these environ- over the last several months, we had asked industry representatives to draft mentalists are concerned. But the the news that the North Pole was open a voluntary plan in which these grand- truth is that they have left a footprint water, a dramatic development. The fathered facilities could come up with over in Prudhoe Bay, and it is a human ice cap there had melted temporarily voluntary cleanup plans. But now the footprint indeed; but it is an industrial during the summer. The North Pole data shows that in the past year the footprint of despoliation of the envi- was no longer ice, it was water. We actual reduction in pollution is three- ronment in that area. There has been have also in the last few days seen tenths of one percent of the total emis- no real protection given to the environ- news that the hole in the ozone layer sions from the plant. ment. over the Antarctic is now as big as it Mr. Speaker, I thank the gentleman b 1430 has ever been. Yet when it comes to de- from Oregon (Mr. BLUMENAUER) for ciding how to deal with this energy cri- There is a dispute with a Texas nat- bringing this issue up at this point, be- sis, the first thing out of Governor ural resources conservation commis- cause I think it is central to the con- Bush’s mouth is we need to do more sion. They say it is all the way up to 3 sideration of the American people, in drilling, which means we need to have percent, but they are taking into ac- terms of which direction they want our more oil, burn more oil. count future reductions. The bottom country to go in at this central point Though we do, as AL GORE pointed line is this: the record that Governor in our country’s history. out last night, we should bring more Bush has in Texas on controlling pollu- I think last night we learned that the marginal wells into production. That is tion is appalling. It is appalling. And first thing the oil industry wants to do a short-term solution. There is also no the data is here for anyone who wants is go to the Arctic and to take this pre- reason not to proceed to make sure to look at that record. cious land and to begin the same proc- that we are doing energy conservation, If it is any indication of what he ess that they have already undertaken that we are doing renewable tech- would do in Texas is what he would do in Prudoe Bay, and I think that would nologies. We are looking at solar and for this country, we all have reason to be a historic mistake. other technologies like that, and are be worried when it comes to the envi- Mr. BLUMENAUER. Mr. Speaker, I really moving ahead on that front. ronment. appreciate the comments of the gen- Mr. Speaker, the basic point is this: Mr. BLUMENAUER. Mr. Speaker, we tleman from Massachusetts (Mr. MAR- What makes good sense for an energy have been joined by our colleague, the KEY) and the gentleman from Maine policy is what makes good sense for an gentleman from Massachusetts (Mr. (Mr. ALLEN) talking about the shift anti-pollution policy. As the gentleman MARKEY), an admitted expert in this that has taken place. The gentleman mentioned, and I want to thank him area. Perhaps if the gentleman would from Maine (Mr. ALLEN) was concerned for his leadership on these issues, I do like to comment on it since this has about being able to move forward in have legislation, H.R. 2980, the Clean been an area of his expertise for years. dealing with these power plants that Power Plant Act of 1999, that would Mr. MARKEY. Mr. Speaker, I was lis- have not been complying with the bring all of these old grandfathered tening to this discussion, and it oc- Clean Air Act. plants, grandfathered under the Clean curred to me that if we just go back In Texas, they are proud of a vol- Air Act and the Clean Air Act amend- over the last 6 years, that is from the untary approach. They have hundreds ments, it would bring them up to new moment of which the Republican party of these old plants that are not in com- source emission standards. took over the United States Congress, pliance, and this voluntary approach Well, what does all that mean? It there has not been a discussion about has resulted in a few dozen coming into turns out that these old coal- and oil- what more can be done for the environ- compliance. It is an abject failure, and fired power plants are still major pol- ment. The real issue was how can we do I think it would be absolutely a dis- luters in this country, and they less? aster were that approach applied here produce nitrogen oxides, which con- I mean, their goal was to turn EPA on a national level. tribute to ozone depletion and produce from standing for the Environmental Mr. Speaker, we have been joined by smog; they produce sulfur dioxide, Protection Agency into Ever Polluters my colleague, the gentleman from which is a component of acid rain; they Ally. I mean they wanted to change Maryland (Mr. CARDIN), a leader in produce mercury, which poisons our Superfund so we played the polluters, areas that range from bicycles to en- waters and gets into the food chain in rather than the polluters playing the ergy conservation. The gentleman from our lakes and streams and has led to American people for spoiling our nat- Maryland is a distinguished member of warnings in 40 States across the coun- ural resources. the Committee on Ways and Means. I try that pregnant women and children And now as we hit this campaign am privileged to yield to the gen- should not be eating fresh water fish; year, the year 2000, GOP it used to tleman. and it produces the major greenhouse stand for Grand Old Party; but now it Mr. CARDIN. First, let me thank the gas, which is carbon dioxide. In fact, 33 stands for the Gas and Oil Party. They gentleman from Oregon (Mr.

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.090 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8777 BLUMENAUER) for holding this special why I hope my constituents and the tional security asset and concerned order. I think this is an extremely im- voters around the Nation are very about somehow it being played politics portant subject. much in tune to the energy issue as we with. We are proud in Maryland that we be- go into this fall election. There is a Yet this was the same TOM DELAY lieve that a good energy policy is a major difference between the two can- who introduced legislation a year ear- good environmental policy, and they go didates. lier that, along with abolishing the De- hand in hand. We are very proud of our What should we be doing? And I par- partment of Energy, would have sold environment. We cherish our life-style ticularly appreciate the gentleman off the Strategic Petroleum Reserve, or in the Chesapeake Bay and other great from Oregon (Mr. BLUMENAUER) taking when we hear TOM DELAY accusing the resources. We have great bike paths, this special order, because he has been administration of playing politics with and we have great greenways. We want the leader in this Congress on livable an intervention in the market that ac- to make sure that we are energy suffi- communities. When I first came to tually drove down the price. At the cient and we are not today. Congress, we were working on aspects same time the gentleman from New I was struck last night in listening to of livable communities that came to a York (Mr. GILMAN), the Committee on the debate of just the dramatic dif- screeching halt under this Republican International Relations, said that we ference between the two candidates on leadership. The gentleman has spoken welcome the President’s announcement energy. It could not be more dramati- out to the fact that we want to have a that he will release 30 million barrels cally different. George Bush basically better quality of life here. We do not of oil from the Strategic Petroleum says that we can go into the pristine want to sit in traffic jams all day. We Reserve. areas of this Nation and continue to do not want to waste a lot of energy My colleagues will recall the same use more and more energy and oil in and waste a lot of our useful life by sit- day the gentleman from Texas (Mr. this country, and we do not have a ting in a traffic jam for hours, as many BARTON), the Subcommittee on Energy problem. Whereas AL GORE made it times I do between Baltimore and and Power, was saying that he was very clear that we do have an energy Washington. going to look at legislation potentially problem in this country and, yes, it Once we get that high-speed rail in, that would block this release. What means trying to obtain as much energy we do not have that problem. We need happened? as we can among ourselves, particu- that desperately. We do need more in- He spiked oil prices back up again; larly with alternative fuels. telligent transportation systems. Mass the next day backing away from his But it also means good conservation transit makes sense, and we should be plan saying it is time. and good energy practices and dealing looking at ways to improve the livable Well, I appreciate my colleague, the with the energy problems that are out communities agenda. gentleman from Maryland (Mr. there so that we can conserve energy in I am proud of Vice President GORE CARDIN), for talking about the question this country and we can be more sen- and his leadership on these issues to that we have to try and deal with put- sitive to our environment. talk about how we want our commu- ting the pieces together, promoting During these past 6 years, we in Con- nities to be. We, in Maryland, as the more livable communities, giving peo- gress have been fighting the Repub- gentleman knows, have the smart ple more choices. lican leadership, basically trying to growth policy. Governor Glendening Mr. Speaker, one of the leaders in stop some bad things from happening. has been the leader on that. It makes Congress doing this is the gentlewoman We have not had the opportunity to sense for us to develop smart growth from Orange County, California (Ms. move forward on an energy policy, be- and livable communities. It is good for SANCHEZ), our colleague who has lec- cause the Republican leadership has energy, good for the environment, and tured at Harvard, who has toured var- blocked it every step of the way. They also good for quality of life for our peo- ious parts of the country, and who has are certainly in concert with George W. ple. one of the most challenging districts in Bush in that regard. We should be doing that. We are not the country but has been active with In 1995, you saw the energy efficiency doing that. We also should be talking her local officials, with her citizens to programs cut by 26 percent by the Re- about being more self-sufficient in en- help them from the government sector publican leadership. I am sure George ergy in this Nation, and we are not to be able to give them more choices W. Bush would be pleased with that; talking about that because we need a and more resources. the weatherization assistance cut by 50 comprehensive policy. The Vice Presi- I am pleased that the gentlewoman percent. dent is talking about that; the gov- would be willing to join us in this dis- Then in 1997, the Committee on the ernor from Texas is not. cussion. I yield to her. Budget recommended the abolishing of Mr. Speaker, I very much appreciate Ms. SANCHEZ. Mr. Speaker, I thank the Department of Energy and that en- the gentleman taking the time here my colleague from Oregon (Mr. ergy conservation be cut by another 62 this afternoon so that we can under- BLUMENAUER), who truly heads the liv- percent over 5 years. Once again, I score some issues that we hope this Na- able communities task force here in think the Republican candidate for tion will focus on as we move into the the Congress, a bipartisan measure to President would be very pleased with November elections. These are ex- really try to do something about plan- those suggestions, because he certainly tremely important subjects. ning. In the area that I represent, we does not believe in an aggressive De- This Congress, this body, should be have a lot of natural beauty. We have partment of Energy here to try to find doing more on improving livable com- the coastline of California. solutions to our energy problems, to munities and improving our energy And one of the things that really develop alternative energy sources. issues and hope that we can focus the concerned me last night that Governor Then in 1999, the energy department Nation in on these issues as we move Bush said was this whole thing about proposed that we purchase an addi- on to the campaign. I thank the gen- drilling in the Arctic natural wildlife tional hundred million barrels of crude tleman for the time. refuge. Why? Because I have seen so oil for our Strategic Petroleum Re- Mr. BLUMENAUER. Mr. Speaker, I many attacks by the Republicans here serve. We are 115 billion barrels short. appreciate the input of the gentleman to try to drill off the shore of Cali- Mr. Speaker, in the next few months, from Maryland (Mr. CARDIN). We have fornia, something that we as Califor- people in the Northeast, including in had a number of references to the de- nians really do not want. my district, are going to be very vul- bate last night. One of the more inter- We really want to make sure that we nerable to heating oil prices; and we esting debates that is going on is to lis- are not going to our natural preserves have not done what we should have ten to our Republican colleagues de- to go after oil in that manner. done in this body in order to help my bate with themselves on these issues of Mr. Speaker, getting back to this constituents and those in the North- the environment and energy. whole issue of livable communities. east who are going to be suffering from I found it greatly amazing actually The communities that I represent are the high costs of home heating oil. when we had the Republican Whip, TOM pretty built out, and it really is this Quite frankly, as I listened last night DELAY, barely a week ago calling the point about planning, planning how we to the debate, it is an important reason Strategic Petroleum Reserve a na- do transportation, planning how we do

VerDate 02-OCT-2000 01:52 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.093 pfrm01 PsN: H04PT1 H8778 CONGRESSIONAL RECORD — HOUSE October 4, 2000 affordable housing, how we do the I am privileged to have join us for a tion that we drill to the extent that he housing and job mix there, how we discussion of these issues the gen- would like to in the Arctic Wildlife Na- have urban parks, where our children tleman from New York (Mr. HINCHEY), tional Refuge, what would be the re- go and play. a valuable member of the Committee sults of that from an energy point of The most striking thing about Gov- on Appropriations and someone who view? ernor Bush’s record in Texas, 6 years of has been a leader in environmental pro- The results would be this. The max- being a governor there, and he has, the tection in this Congress. imum amount of oil that we could draw last time I checked, never visited an I yield to the gentleman from New from the Arctic Wildlife National Ref- area along the southern border to Mex- York (Mr. HINCHEY). uge would supply the energy needs of ico that is called Los Colinas. This area Mr. HINCHEY. Mr. Speaker, I thank the United States for approximately 6 in Texas has no planning. These are the gentleman from Oregon (Mr. months. So what he is suggesting is lots that are sold to individuals where BLUMENAUER) very much. I thank him ravishing this very sensitive, critical, there is no infrastructure. There is no particularly for organizing this special irreplaceable environment for a 6- sanitation. There is no water line. order today and giving us all an oppor- months supply of energy needs in our Nothing. No highways, no arterial tunity to talk about an issue that is country. Obviously, it is a very foolish highways, no local roads. Nothing. And important to the gentleman, important notion. what you get is really a shanty, not to me, important to many of the Mem- Furthermore, the implication that even a shanty town, but one shanty bers of this House, and I think impor- somehow this 6-months supply of oil home after the other, where raw sew- tant to all Americans. would in some way supply our energy age is being spilled out there, where That is, the quality of our natural needs for any significant period into water needs to be trucked in, where environment, and particularly the con- the future is obviously on its face just people are very, very poor. There are vergence of that issue with another one absurd. probably about 300,000 people living in that is also critically important, the So it is important for us to point out Los Colinas, this area along the border. issue of energy, the issue of the avail- the factual circumstances surrounding Mr. Speaker, a medium income of a ability and the use of energy in the these issues so that the American peo- family in a household, if you can call United States currently, and as we ple begin to get an understanding of their house a house, is less than $8,000 foresee the availability of energy here what this issue is all about and the di- a year. in our country and the use of those en- mensions of this particular debate: a 6- b 1445 ergy resources on into the future. months supply in exchange for the rav- This guy has been Governor of Texas The convergence of these two issues ishing of this environment. It simply for 6 years and he has not ever both- is more than coincidental. They are in- makes no sense. ered to even go down and see what is in extricably intertwined, the issue of On the other hand, Vice President his own backyard? I have been to Las protecting the environment and the GORE laid out in some detail an energy Colonias more often than Governor issue of the way we produce energy for plan that will take us where we need to Bush has. If this is the Governor’s idea our critical energy needs. be. Any energy plan that is worthy of of livable communities, his idea of I watched the debate last night, also. the name must have among its compo- planning, his idea of how we pay for in- I heard in response to a question on the nents major provisions for energy con- frastructure, of how we place urban energy issue the Governor of Texas re- servation. We need to conserve more parks, there are no urban parks in Las spond that he felt that it was impor- energy. We are simply expending too Colonias, there is nothing. It is des- tant for us to deal with the energy much energy in our country. We are titute. It is a lot. issue by expanding drilling and search- using it, and much of the way we use it There are not even roads decent ing for new sources of oil. is wasteful. enough to make sure that children who I would simply point out that that is For example, we need to have CAFE live in a shanty in Las Colonias can get not going to solve our energy problem. standards for vehicles such as the to the schools, which are probably He went on to say that we ought to be SUVs that are finding their way in- miles away from where the children are drilling in the Arctic Wildlife National creasingly on the streets and highways living. This is the record? This is what Refuge, and that is a place where we of America. Sometimes I get the im- he has to go on? would obtain significant amounts of oil pression that people who are driving This is what people have to under- for our energy future. these vehicles think they are going to stand. America should really under- There are two aspects of that sugges- be taking a trip across the Kalahari stand what kind of a Governor this is, tion which deserve attention; first of Desert instead of driving around the someone who really does not under- all, the fragility of that environment. urban area of Washington, D.C., just as stand about planning, about quality of The Arctic National Wildlife Refuge is an example. life, about looking at how we raise our in fact one of the most fragile environ- These vehicles, that get about 12 children, and that environment is just ments on the planet. It is important miles to a gallon, are part of the prob- not how pristine something is or how for us to protect it. In fact, it is an es- lem, frankly. They are part of the prob- we put a monument someplace, but sential obligation on our part to pro- lem because they are consuming pre- more importantly, it is about our lives, tect that fragile environment. cious resources in a very flagrant and and it is about our children’s future. We have here a photograph which I sort of careless and unthinking way. I thank my colleague, the gentleman hope the camera would take an oppor- So we need to have improved stand- from Oregon, for giving me some time tunity to focus upon so that those of us ards for our transportation needs. We to talk about Las Colonias. here in the room, as well as people need to have improved standards for Mr. BLUMENAUER. Mr. Speaker, I watching this, can get an idea of what appliances. We need to have improved appreciate the gentlewoman’s focusing the Arctic Wildlife National Refuge standards for energy production facili- in for us on the concern that we should looks like. We can see from the pres- ties. have in terms of what the Bush admin- ence of wildlife and the presence of If we do that, we will find that the istration would represent based on these huge and dramatic mountains greatest source of new energy for the what has happened in two terms now of and also the presence of the landscape, United States, both now and in the fu- the Governor of the State of Texas. we can get an impression of the fra- ture, but particularly in the future, the Texas, if it were a country, would gility of that landscape. greatest source of our new energy have the world’s seventh largest emis- It is important for us to protect frag- needs, will be from conservation. We sion of carbon dioxide. Texas, under ile environments. It is also important will have reduced the amount of fossil the leadership of Governor Bush, has for us to be realistic about our energy fuels that we are producing and there- now seen that Houston has now needs and where we are going to obtain by extended the life of the known emerged as the number one city in the the energy that we are going to need, available fossil fuels for our future en- country in terms of pollution, air pol- both now and in the future. ergy needs. lution, surpassing Los Angeles. We will If we were to accept the Texas Gov- So energy conservation is the prin- be talking more about that. ernor’s, Governor Bush’s, recommenda- cipal component of any rational energy

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.094 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8779 plan. In fact, it is the one absolutely thing that I think ought to be of grave and Senate Democrats, favor long-term essential ingredient of any energy con- concern to every American. solutions about our livable commu- servation or energy provision plan. We I do appreciate the gentleman put- nities. They propose solutions which have to conserve. We have to use our ting up the picture of what we are talk- reduce our reliance on imported oil and energy, the energy that is available to ing about with the Arctic National ensure a cleaner environment by sup- us, much more intelligently and much Wildlife Refuge. This, after all, was porting investments in renewable en- more carefully than we have in the something that was recognized as a na- ergy and energy efficiencies. past. tional treasure by that radical Repub- We House Democrats support that as I would also like to call attention to lican Governor, Dwight Eisenhower, in well. We support tax credits for pro- some of the issues that the gentleman 1960, when he started setting aside ducing electricity for renewable was talking about a moment ago with these unique lands for protected status, sources, expanded exploration of clean- regard to the environmental legacy in America’s Serengeti. er burning natural gas, consumer in- Texas. The gentleman has pictured on that centives to purchase energy efficient Let me just read them here, because beautiful scene of the plain some of the cars, trucks and homes by offering tax I think they are very illustrative of the large caribou herds, 130,000 of them, breaks. way in which this particular Governor that calve and rear their young on that In addition to investments in renew- has husbanded the resources of this coastal plain, that provide subsistence able energy, we need to expand Amer- particular State of Texas. The Gov- to indigenous people that have a right ica’s transportation choices by invest- ernor has had two terms down there. to rely on that, and could be destroyed ing in alternatives such as light rail, He has had an opportunity to establish by the disruption of the herd. high-speed rail, and cleaner, safer buses The gentleman has pointed out, as the record. Let us take a look at the and other forms of mass transit. These has our colleague, the gentleman from record and see what it looks like. are real solutions that benefit the con- We see first of all that Houston is California (Mr. MILLER), that this ref- uge is much more sensitive than sumer and the environment and not ranked number one for the second year the cycle of corporate welfare. as America’s smoggiest city. That is an Prudhoe Bay, and that the American public, we have talked about 70 percent I think it is important to note that honor that I think not many cities the Republican-led House appropria- would like to have. Houston is the of the American public opposes drilling here, as advocated by Governor Bush. tion of $650 million for energy con- worst city in America for smog. Texas servation is $201 million less than the ranks number one in the number of I find even more interesting that Alaskans, who would stand to benefit President’s request and $95 million chemicals polluting its air, and the ef- below the current year funding. fect of that on the people of Texas is, I from the oil drilling, even Alaskans have a slight majority, according to We are going backward in our fund- am sure, not very welcome. We cer- ing. In fact, since 1995, Republicans tainly do not want to see that kind of the public opinion polls, that oppose drilling in this precious area. It is obvi- have slashed funding for solar renew- thing happen across the country. able and conservation programs by a Texas ranks number one for the ously shortsighted and dangerous. I ap- total of $1.3 billion below the Clinton amount of toxins released into its at- preciate the gentleman focusing on it for us this afternoon. administration request. mosphere; again, not an enviable I had much more to say about the record. In 1997, Texas released over 260 Now it is my pleasure to yield to the Bush proposal, but he spoke for himself million, 260 million pounds of toxic pol- gentlewoman from California (Ms. PELOSI), another of the environmental last night, as I say, in an old way about lutants into the atmosphere, the num- champions in Congress, a woman who how we should go into the future, and ber one State in the Nation in that re- has perhaps one of the most chal- I know there are other speakers here. gard, seventh biggest. If Texas were a lenging urban districts in urban Amer- I just want to say that this issue country, it would be the world’s sev- ica, the one that is keenly environ- about how we take up this initiative of enth largest national emitter of carbon mentally sensitive and concerned livable communities under the leader- dioxide; again, not an enviable record. We have here what we are calling about livable communities. ship of the gentleman from Oregon (Mr. Ms. PELOSI. Mr. Speaker, I thank double trouble. Since Governor Bush BLUMENAUER), this issue about energy the gentleman for yielding to me. I es- took office, the number of days when and the environment are not just con- pecially want to thank him for his Texas cities exceeded Federal ozone servation environmental issues. great leadership on protecting the en- standards has doubled. So the record of Where I live, the environment is not vironment. It is an issue about con- this particular Governor with regard to an issue in California. It is an ethic, it servation and it is an issue about his husbanding of the environment in is a value. It is about our children’s health. His championship of the livable the state of Texas is a very poor one, health. In other special orders, we can communities initiative is one that will indeed, and one that I think we would talk about environmental health and serve our children well, and their chil- not want to see inflicted upon the how we are impacted by the air we dren and their children. It is about the American people all across the coun- breathe, the water we drink, and what future. That is what elections are try. that means to our children’s health I thank the gentleman very much for about, especially presidential elec- and the rate of asthma among young the opportunity to participate in this tions. children in African-American commu- So I was very disappointed to hear special order on an issue that is of crit- nities and breast cancer among so last night that Governor Bush was of- ical importance to the future of our many women across the board in our fering old suggestions, last century country. community. Mr. BLUMENAUER. Mr. Speaker, I proposals, to challenges that we have I want to on behalf of my constitu- appreciate the gentleman’s contribu- into this new millennium. ents thank the gentleman from Oregon Livable communities, those are two tion to this discussion. I would just (Mr. BLUMENAUER) for his outstanding words that the gentleman from Oregon make two comments before turning to leadership on this issue and thank him (Mr. BLUMENAUER) has championed. for giving this opportunity to point out another of our colleagues. Community, that is what America is First, as bad as this Texas environ- the difference between Vice President about: where we live, how we educate GORE and Governor Bush as far as the mental legacy is, and it is, as the gen- our children, where we go to work, how future is concerned. tleman pointed out, awful, what con- we get there, the air we breath, the Mr. BLUMENAUER. Mr. Speaker, I cerns me more than anything is some- water we drink, how we take care of must say that I appreciate the gentle- how Governor Bush’s lack of urgency our families in a community. about this. Where is his outrage about Described by the word ‘‘livable,’’ woman from California (Ms. PELOSI) what has happened to his State in the what could be more basic and more tying these pieces together, because as last 6 years that he has been Governor? commonsensical than that? she mentioned, under the notion of liv- Where are his initiatives to try and do able communities, which the Repub- b something about it? 1500 lican leadership has attempted to sort I find the lack of passion on the envi- That is what this discussion is about. of pass off as somehow a war against ronment inexplicable, and it is some- Vice President GORE, along with House the suburbs or citizens, trying to pry

VerDate 02-OCT-2000 01:53 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.096 pfrm01 PsN: H04PT1 H8780 CONGRESSIONAL RECORD — HOUSE October 4, 2000 citizens from their cars, she pointed companies should not be confused with posing it and the Republicans were out that it is, instead, a broader con- a real outlook and diverse outlook on continually shooting it down. cept of how we tie the pieces together, the way we should deal with our envi- So as we watch this debate go on on how we make our families safe, healthy ronment. the Presidential level, we have to re- and more economically secure. I could One does not have to look very far to member that, in each and every one of not agree with the gentlewoman more. see how Governor Bush would serve as our congressional districts, this debate This administration, the Clinton- President. In 1997, in Texas, there was should be happening on a smaller level. Gore administration has done more a wide-scale review of the environ- It is often said, in conclusion, Mr. than any administration in history for mental laws and the protections for Speaker, every 4 years we hear our con- the Federal Government to be a better consumers in that State. stituents say, ‘‘You know what, every 4 partner, whether it is the environ- So who did Governor Bush appoint to years it seems like the candidates are mental ethic, as the gentlewoman from be on the panel to provide rec- getting closer and closer, and it seems California mentioned, that is being in- ommendations? Representatives from like one giant party in this country. It stilled in the Department of Defense, the oil and gas industry. They came seems like we are choosing the lesser of the General Services Administration, back with proposals that might stun two evils.’’ to the statements that the Vice Presi- some in this Chamber. They said that This year, even the most creative dent himself has made that indicates the environmental protections in Texas thinker cannot say that about these that, really, the best is yet to come if should be optional for many of the two candidates. They are very far we have an opportunity for him to largest polluters in Texas. apart. There are extraordinary dif- serve as President building on this leg- Well, perhaps, that is why over ferences. The issues that affect livable acy. I appreciate the gentlewoman’s 230,000 Texas children are exposed to communities and choosing between comments and her leadership. pollutants every day because there is having a picture like this of pristine Mr. Speaker, it is with great pleasure over 295,000 tons of air pollution each mountains in Alaska or having an oil that I yield to the gentleman from New year just in the 2-mile radius around rig pulling into this part of the coun- York (Mr. WEINER). There are a number schools in Texas. So it is not at all un- try, that is clearly what is at stake in of issues that impact people in urban usual to hear a proposal that would say this election. I commend the gen- areas. The gentleman from New York let us soil the environment in Alaska. tleman from Oregon (Mr. BLUMENAUER) represents one of the most urbanized He has been willing to do it in his home for calling attention to it. areas in the country and has been a State of Texas as well. Mr. BLUMENAUER. Mr. Speaker, we champion of neighborhood livability, But this debate is not one that is just appreciate the gentleman from New metropolitan livability, and Congress going on on the Presidential level. We York (Mr. WEINER) adding his voice and being a better partner. here in Congress have been fighting it his concerns. Mr. WEINER. Mr. Speaker, I thank and the gentleman from Oregon (Mr. Mr. Speaker, I yield again to the gen- the gentleman for yielding to me. BLUMENAUER) for longer than I have. tleman from California (Mr. GEORGE Mr. Speaker, I have to tell my col- There were calls in this Chamber MILLER). leagues it was almost before I learned over and over again to reduce the Mr. GEORGE MILLER of California. the name of the gentleman from Or- amount that we fund for renewable en- Mr. Speaker, just quickly, because I egon (Mr. BLUMENAUER) that I had ergy. In fact, George W. Bush on Sep- want to follow on a point that the gen- learned to associate him with the idea tember 22 said that we should spend tleman from New York (Mr. WEINER) and concept of livable communities. I more for energy conservation. He made, and that is that this is not an want to thank him for taking this would not have probably voted yes on abstract discussion. As he has pointed time. any of his Republican colleagues’ budg- out and as other speakers have pointed Mr. Speaker, I come from a commu- ets that pass through here because con- out, when Governor Bush says that his nity that one might think would em- servation programs have been funded answer is to drill in the Arctic Na- brace the idea of exploring any sources by over $1.3 billion under the Presi- tional Wildlife Refuge, that is a matter of energy that we can find, perhaps dent’s request since 1995. that has been proposed and has been re- even including the Alaska Arctic Na- In 1995, Republicans cut energy effi- ported out of committee by the Repub- tional Wildlife Refuge. Nothing could ciency programs by 26 percent. For licans in the United States Senate. be further from the truth. those who say we should see around the The reason it will not happen this I represent an area in Brooklyn and corner a little bit to see these problems year is because of the veto threat of Queens that has one of the largest coming, it is clear that that was not the Clinton-Gore administration not to urban national parks in the Nation. We going on in this Chamber. If Repub- do it. But that is what stopped it the have come to appreciate it. It is not all licans did not cut the weatherization last couple of years. This is not some- that we would like it to be, but we do programs in this country, over 250,000 thing that people are thinking about see it as our little corner of the na- more households today would have the later on. They are actively trying to do tional park system. benefit of those programs, reducing our it. We have seen it in our committee, One would also think that, being dependency on oil and, frankly, energy in the Committee on Resources. from the Northeast where the demand of all kinds and increasing conserva- We have seen effort after effort re- for oil has been so difficult in that high tion. ported out by the Republicans in the prices have caused so much harm to Repeatedly around here we have Congress to undermine clean water, to many of the senior citizens and those heard calls by Republicans that say do undermine clean air, to undermine the on fixed incomes, one would think that not do anything to support domestic Endangered Species Act, to undermine any proposal to produce more oil might producers when prices are low. It was the Superfund Act. The reason they meet with favorable consideration. almost comical to listen to the Repub- have not become law is because of the But, in fact, Governor Bush’s pro- licans grind their teeth and gnash their Clinton-Gore administration because posal last night to take one of our teeth and wring their hands about the they say they will not accept it, that most beautiful natural resources and release of petroleum from the Stra- they will veto those bills, and the Re- drill for a few weeks’ worth of oil and tegic Petroleum Reserve. publicans have to back down. do irreparable harm to our environ- Putting aside that George Bush, Sr. Just in the bill we passed yesterday, ment is not being met with very much did a similar thing, and at the time he there were over 20 damaging environ- responsiveness. said it was to stabilize economic pres- mental riders on that bill. This is not I will tell my colleagues one thing sures, the idea that we have tried to abstract. That was yesterday on a vote. the Republicans should be credited for encourage, especially those of us in the The reason those riders did not end up is the diversity of their ticket. They Northeast as a time when oil was inex- on that bill is because the President should be commended. The President pensive, was cheap, we did not seize the and the Vice President said they would and Vice Presidential nominees come opportunity to increase the amount not accept them. from two completely different oil com- that we had in reserve. Why did we not Now think, now think of Washington, panies. I think that diversity of oil do that? Because Democrats were pro- D.C. and we have President George W.

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.098 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8781 Bush. No threat of a veto. Agreement prove on the status of the legislation, gress refused to discuss major legisla- on this policy. What do we end up and it passed in the dark of night with tion impacting Americans in the broad- with? We end up with, like the gen- no official rollcall vote. That legisla- ness of light. tleman from New York (Mr. WEINER) tion is H–1B nonimmigrant visas. Interestingly enough, there was a pointed out, we end up looking like Let me say, Mr. Speaker, I realize legislative, a particular initiative, that Texas. We end up looking like Texas. that there is a great need to deal with included in that the employer would That is not what America wants. It is the necessity of employment in our undertake an obligation not to displace completely out of step, not with the high-tech industry. In fact, as I look at United States workers, obligation of Democrats, but with America. Amer- the cap, the number of H–1B visas that petitioning employers. So there was ican people do not want this kind of en- would have been allowed, 195,000, I am language in another bill that did not vironmental wrecking crew ranging sure if we would have been allowed to get discussed that would require those across the very bedrock laws of this debate this legislation, we might have high-tech industries to at least docu- Nation that protect our environment, seen a consensus of increasing the ment that they were not displacing an that protect our quality of life, that number. American worker. Can we do any less? protect our communities, and just But yesterday, our Republican ma- And then, Mr. Speaker, I would like throwing them out because the timber jority saw fit in the dark of night to to cite Mr. John William Templeton, a industry, the mining industry, the oil bring it up when many Members were co-convener of the Coalition for Fair industry, the chemical industry are not not noticed about it. What we find that Employment in Silicon Valley: ‘‘It is happy with these laws. has occurred, Mr. Speaker, is that asserted that the digital divide has be- It does not matter if one lives in New American workers go longing. come a convenient excuse for some York City, if one lives in the San Fran- American workers are not protected firms to avoid training and hiring his- cisco Bay area or Portland or lives in by ensuring that those who come into panic and black workers. Instead, these Upstate New York or one lives in the this country have the minimum salary companies prefer to hire foreign work- South or one lives in Florida. It does being paid to them so that they do not ers, such as those brought in under the not matter. If one is going to drill in come in and be underpaid what Amer- H–1B program, who often command the Arctic, what is it that keeps Mr. ican workers can have. There is noth- lower salaries.’’ That is unfair to them Bush from drilling off the coast of Cali- ing in the bill that requires employers as well. fornia where the citizens have said no, to recruit or hire or train American So, Mr. Speaker, I offer my enormous off the coast of Florida, off the coast of workers. disappointment and my commitment to continue working until the last day the Carolinas, where people have said b 1515 no we do not want our areas spoiled. If of this session to make sure that Amer- he is prepared to go into the Arctic Na- It is known that African American icans as well as those who are needed tional Wildlife Refuge, what keeps him workers are only 11 percent of the by the industry are treated fairly; that from going off the coast of Florida and high-tech industry, and they continue our institutions of higher learning, California? to be underemployed. There is nothing who voluntarily want to participate in What keeps those places from being in the bill that requires the high-tech the high-tech industry, can get in- drilled today? The Clinton-Gore admin- industry to file their EEO–1 forms just volved and that we can close the dig- istration, because they are the ones, to ensure us that they are hiring His- ital divide and ensure that those who they are the ones that have continued panics, African Americans and women are here, who want to be trained, our to fight for those moratoriums. and other minorities. There is nothing children in schools in both urban and Mr. BLUMENAUER. Mr. Speaker, I in the bill that requires employers to rural areas, Mr. Speaker, can be the do hope that this will be an oppor- take constructive steps to recruit kind of skilled workers that will pro- tunity over the course of the remaining qualified American workers and to vide the employment base for the high- month of this election for the Amer- cross-train and to work with Hispanic- tech industry. ican public to focus keenly on these serving institutions and historically Good Evening, Mr. Speaker. I approach the issues. I think the record is clear. I black colleges. There is nothing in the debate on the H1±B visa program with a very think that goals that the American bill which requires the employers to heavy heart. Why? Because I have spent a public want are available to us, and I comply with the Department of Labor considerable amount of time this year in my am hopeful that they will figure large- regulations, and there is nothing in the capacity as Ranking Member of the Sub- ly in the result next November. bill that provides fairness and amnesty committee on Immigration and Claims in trying f for certain of those who are requiring to come up with a reasonable H±1B bill that such. would protect American workers and meet the H–1B VISA LEGISLATION PASSES But my point, Mr. Speaker, is this. needs of the business community. IN DARK OF NIGHT This bill was worthy of a vigorous dis- I have said on numerous occasions, that I The SPEAKER pro tempore (Mr. cussion. There is nothing in the bill support the Hi-tech industry but I also support ISAKSON). Under a previous order of the that deals with how do we help rural our American workforce. I worked very hard in House, the gentlewoman from Texas Americans. Even though the economy the House Judiciary Committee to come up (Ms. JACKSON-LEE) is recognized for 5 is booming, there are certain pockets with a bill that would protect American work- minutes. of our Nation where there is double- ers, and I am saddened that the bill that Ms. JACKSON-LEE of Texas. Mr. digit unemployment. I believe the passed yesterday evening falls short of that Speaker, obviously we are having the high-tech industry has a lot to offer, so requirement. The bill that passed out of the opportunity to have vigorous discus- it would have been prudent for us to be Judiciary Committee contained provisions that sions on the floor of the House. But, on the floor of the House to tell the compelled employers to take certain steps that Mr. Speaker, I want to draw my col- American worker we are not forgetting would protect American workers. However, leagues’ attention to the time. It is 3:15 them; that as we bring in necessary im- what is most glaring for me are the lack of any Eastern Standard Time, and we are migrant workers on nonimmigrant provisions that protect minority American now engaged in what we call special or- visas from other countries that we workers who are grossly under represented in ders, an opportunity to speak to our value their contributions. the High-tech industry. Nothing in the bill es- colleagues and others on very impor- This is not an effort to start a bash- tablishes an opportunity for the hi-tech indus- tant issues. ing of those who serve well in this in- try to work with HBCU's and Hispanic-Serving I raise this point of time because yes- dustry, but it is a disappointment to institutions and recruit minority workers. terday in the dark of evening, with me that those of us who had other African Americans are especially impacted barely a 10-minute to 15-minute notice, viewpoints, among the many pieces of by discriminatory hiring practices in the infor- it was found necessary to bring to the legislation that could have been offered mation technology field. Data from the Bureau floor of the House a major piece of leg- in amendments, we were not given the of Labor Statistics show that the hiring of Afri- islation disallowing any debate by the opportunity. Therefore, our constitu- can Americans in high technology has im- procedure of suspension which dis- ents are left in the dark, holding the proved only slightly during the past decade. allows debate and amendments to im- bag of unemployment because this Con- According to a 1999 report, Silicon Ceiling:

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 9920 E:\CR\FM\K04OC7.100 pfrm01 PsN: H04PT1 H8782 CONGRESSIONAL RECORD — HOUSE October 4, 2000 Solutions for Closing the Digital Divide, ap- erly when they should have been, many, if not Mrs. CLAYTON. Mr. Speaker, I want proximately 80% of the high technology com- most of these immigrants would already be to express my appreciation to the gen- panies in Silicon Valley do not file EEO±1 citizens. It is unfair and incorrect to refer to tleman from Colorado (Mr. MCINNIS) forms or affirmative action reports with the these people as ``illegal aliens.'' and the other Members on the other Joint Reporting Committee representing fed- Instead, they have been fighting the immi- side who are allowing me to proceed. eral civil rights enforcement agencies. Clearly gration bureaucracy for more than a decade Mr. Speaker, last night, under the there's work to be done to ensure that African and are now threatened with deportation. The cloak of darkness, without notice, Americans have fair access to the lucrative provisions in my bill which should have been without the opportunity to participate high tech labor market. There is nothing in the included with the H±1B legislation, or consid- by voice vote on an unwritten suspen- current bill that ensures that. Democrats or ered for independent House floor action would sion calendar, after we had been told Republicans did not get a chance to offer any ensure that the registry provision is continu- there would be no further votes for the amendments; we were not afforded an oppor- ously updated by moving the registry cutoff day, at a time when most Members had tunity to go to the Rules Committee; and we date to 1986. If these people are not given re- left the Chamber for evening activities, were not allowed to effect the process, to lief, hundreds of thousands of people will be the House passed S. 2045, legislation re- change the legislation. Democracy was absent forced to abandon their homes, will have to lated to the increase of H–1B visas. in the consideration of this bill. separate from their families, move out of their I was not necessarily opposed to the I would have surely offered an amendment communities, be removed from their jobs, and bill, formally entitled the American that would require the H±1B employers to re- return to countries where they no longer have Competitiveness in the 21st Century port to the Department of Labor how they are ties. Act. I was opposed to not having a de- recruiting and hiring American workers, par- The Congress also needs to address Cen- bate about it. ticularly those who are members of under rep- tral American and Haitian parity. It is long past But with such vitally important leg- resented minority groups. I do not see any- time to offer Salvadorans, Guatemalans, islation, in an area of critical impor- thing wrong with holding the High-tech com- Hondurans, and Haitians the same opportunity tance to this Nation, immigration pol- munity accountable for not only who they hire, to apply for permanent residence as was ex- icy, this House should have had a but who they do not. tended to the Nicaraguans and Cubans in chance to debate this matter, air the I am very concerned about raising the cap 1997. Because immigrants from these coun- many views that emerged during the of these H±1B visas. Although it is true that in tries have experienced similar violence and House committee consideration of a recent years the high tech industry has fueled hardship, it is unjust to continue providing un- similar measure, and voted in the light enormous growth in the United States and has equal treatment. Additionally, while these im- of day on the bill. benefited the corporate information tech- migrants have been waiting for their cases to It is wrong, Mr. Speaker. It is inex- nology, and raising the cap on these types of be resolved, they have been contributing to cusable. And the American people de- specialty workers should include an increased our economy and are needed to support the serve to know what some in this House commitment to training of U.S. workers. The workforce needs of this country. did. The Senate bill increased H–1B growing workforce of our country and the I believe that the current high demand mar- visas, in the light of day, to allow some strength and growth of the high tech industry ket for certain technical specialities is that it 200,000 additional high-tech workers to in particular can be met effectively by fully de- should encourage us to retrain displaced come to America from other countries, veloping the skills of our own workers as a workers, attract under represented women and to work over the next 3 years. I had first priority, before hiring highly specialized minorities, better educate our young people, amendments prepared to expand this foreign workers. We can have the best of both and retrain willing and able older workers who legislation to provide these same em- worldsÐexpert foreign workers (which create have been forced into unemployment. ployment opportunities and training I am very pleased that Section 12 of this bill more jobs in America) and trained professional opportunities to the United States provides much needed funding to help close American workers prepared to work in the workers in rural communities. the Digital Divide by putting computer learning most sophisticated sectors of the Hi-tech in- Professionals who work in specialty centers in Boys and Girls clubs across the dustry. occupations are admitted to the United country. I sponsored and introduced with Con- There has been a lot of discussion in recent States on a temporary basis through gressman LAMAR SMITH H.R. 4178, the ``Kids months about including immigration provisions the H–1B visa category, the largest cat- 2000 Act'', that would authorize $20 million with the H±1B legislation. On the Senate side, egory of temporary foreign workers. from the Violent Crime Reduction Trust Fund they call it L.I.F.A., the Latino Immigration The increase was pushed by many in each year for the next five years to operate Fairness Act. The work ``fairness'' is in the title the business community, especially the PowerUP program in Boys and Girls Clubs because how can we possibly lift the cap, and those in the information technology across the country. I am pleased that the bring in 585,000 foreign hi-tech workers, and area, which is experiencing an eco- exact language from both my bill and the Sen- ignore the people who are already here? ate companion version is in this bill. nomic explosion and unprecedented job Where is our sense of justice, of equality, of This bill does not have language to ensure growth. fairness? This H±1B legislation should have: proper training of our incumbent workers. I be- The amendments I had prepared provided relief to late amnesty applicants who lieve we need more workers and we need to would have made sure that those living have significantly contributed to the American train more American workers as I come from in rural America would have the oppor- economy; providing parity through the 1997 a city that has over 1000 companies that spe- tunity to secure a position in this rap- NACARA law by offering amnesty to Salva- cialize in information technology. This should idly expanding job market before em- dorans, Guatemalans, Hondurans, and Hai- be a non-partisan issue. ployers look outside the United States tians. In conclusion Mr. Speaker, we need to ap- to bring in foreign workers. Not that Our immigration law contains a provision- proach the H1±B visa specialty program with we are against bringing in foreign called ``registry''Ðthat gives immigrants who two eyes wide open. One eye focused on workers, we just want the same oppor- have been here without proper documents an looking out for our American workers to en- tunity for those who live in rural opportunity to adjust to permanent status if sure proper training, and the other eye fo- America. they have been here for a long enough time cused on the under representation of minori- The House Committee on the Judici- and have nothing in their background that ties and women in the high tech industry who ary marked up and reported H.R. 4227, would disqualify them from immigrant status. currently comprise our American workforce. the Technology Worker Temporary Re- This year, a bill that I have sponsored, H.R. I support H±1B visas, to improve our hi-tech lief Act. Among the many bills intro- 4172, the ``Legal Amnesty Restoration Act of industry but I also support our American work- duced, there were three others related 2000'', is before the Congress. This legislation ers. Thank-you Mr. Speaker. to the same subject, increasing numer- updates the cutoff date for the ``statute of limi- f ical limitations on H–1B visas, that tations,'' which is now set at 1972. In fact, the also should be considered. Those bills majority of immigrants who would benefit from H–1B VISAS were H.R. 3983, H.R. 4402, and H.R. 4200. updating the registry date are those who quali- The SPEAKER pro tempore (Mr. Despite the rosy economic picture in fied to apply for legalization in the mid-1980s, ISAKSON). Under a previous order of the America, too many Americans are but the Immigration and Naturalization Service House, the gentlewoman from North being left out. For those Americans, (INS) misinterpreted the law. If their applica- Carolina (Mrs. CLAYTON) is recognized many of them living in rural America tions had been accepted and processed prop- for 5 minutes. over at least a 20-year period, there has

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.011 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8783 been a troubling trend, a trend that af- It is clear, Mr. Speaker, that rural tleman from Alaska (Mr. YOUNG) is rec- fects the very quality of their life. Dur- America indeed lost. In fact, the Na- ognized for 5 minutes. ing these 2 decades, income and wealth tion lost. Indeed, I think we should Mr. YOUNG of Alaska. Mr. Speaker, I inequality, the disparity in income and make an opportunity for American rise today to refute some of the com- wealth due to wages, accumulated workers as well. ments that were made previously on wealth, investments and returns, have f this floor by Members of this House been well documented. that know little about what they talk TRIBUTE TO LT. BRUCE JOSEPH It is an alarming and disturbing about, and that is energy and energy DONALD trend because among those rural Amer- policy. icans left behind, fewer can afford The SPEAKER pro tempore. Under a I noticed the gentleman from New healthy meals, fewer can afford health previous order of the House, the gentle- York was talking about the fragile en- care for their families, and fewer can woman from New York (Mrs. KELLY) is vironment in Alaska. He showed a pic- afford a college education for their recognized for 5 minutes. ture, very frankly, that is not the area children. It is an alarming and dis- Mrs. KELLY. Mr. Speaker, I rise which would be drilled in Alaska that turbing trend because rural America today to honor a man from my district, George W. Bush suggested last night. has been disproportionately affected. Lieutenant Bruce Joseph Donald of He showed a picture that is far south. Consequently, rural America lags far Poughkeepsie, who was killed last Fri- This is the area of Prudhoe Bay, 74 behind other communities in personal day when his F–18 Hornet strike fighter miles away from the 1002 place where access to the Internet as well as the crashed in the Persian Gulf. we would drill. total use of the Internet. Lieutenant Donald, known by his call If you notice the caribou here are This disparity exacerbates the per- sign, ‘‘Straydog,’’ was a 1995 graduate around the oil rigs. In fact, our caribou sistent poverty, high unemployment, of the Naval Academy where he earned herd has increased tenfold from where inadequate health care and education a Bachelor of Sciences degree in Ocean it was prior to the exploration in resources. Thus, as the economy rap- Engineering. Following graduation, Prudhoe Bay, which provided to this idly expands, rural communities find Lieutenant Donald spent 6 months at Nation of ours every bottom barrel that it is far more difficult to partici- his alma mater on temporary duty that has been delivered of the 16 billion pate. prior to being sent to Pensacola, Flor- barrels of oil. That is 16 billion barrels Moreover, technological advances, which ida, to begin preflight indoctrination of oil that you would not have to im- could provide some solutions to these condi- training. Afterwards, he traveled to port from the OPEC countries. tions, elude rural communities because of dig- Corpus Christi, Texas, for primary You have to keep in mind, Mr. and ital disenfranchisement. Such advances as flight training, and then completed ad- Mrs. America, that we are now so to- telemedicine, distance education and elec- vanced jet training in Kingsville, tally dependent on oil, approximately tronic government, depend upon Internet ac- Texas. 57 percent this year, that if there is not cess. According to his superior officers, a policy change, it will be 60 percent by It is clear that the competition among serv- Lieutenant Donald performed excep- the year 2005. ice providers that is driving the Internet explo- tionally during flight school and, in I watched the debate last night, and sion is not as concentrated in rural commu- February of 1998, he earned his Wings everybody else watched the debate, and nities. The lack of population densities, the ab- of Gold and an assignment to F–18 re- I would suggest respectfully that sence of essential infrastructure and the fact placement pilot training at VMFAT– George W. Bush’s idea about energy that rural communities are often spread over 101. Having successfully completed re- production is vital to you. As you are great distances are reasons cited for this lack placement training, ‘‘Straydog’’ re- sitting watching this, if you are a sen- of enthusiasm. Even the Department of Com- ported to VFA–25 in July 1999. ior citizen and worrying about heating merce has concluded in its Report, ``Falling As a member of the ‘‘Fist of the oil prices, right now we are importing, Through The Net,'' that, ``Disparities clearly Fleet,’’ he excelled as a strike fighter keep in mind, about a million barrels a exist (and) . . . access comes hardest for pilot and served as the squadron’s day from Saddam Hussein. The area Americans who are low-income . . . less edu- naval aviation training and operations which we would like to explore, which cated, single-parent families, young heads-of- procedures standardization officer, air- is 74 miles away from the pipeline, 74 households, and (those) who live in the South, to-ground training officer, coffee mess miles, has the potential, has the poten- rural areas and central cities.'' officer, and landing signals officer. tial, of 39 billion barrels of oil. We However, these barriers should not, must Lieutenant Donald was an exceptional could increase the production, going not remain as impediments. A rising tide pilot with sound judgment and was a through the present pipeline, about a should lift all boats. designated combat section leader. million barrels a day, equal to what we It is for these reasons that this House Although we live in a time of relative are importing from Saddam Hussein. should have had the opportunity to debate, peace, we must never forget that the We would not be dependent upon the vote on and support amendments that would men and women who serve this Nation OPEC countries. But that is just a require education and training for American are constantly putting their lives on small part. Alaska is just a small part. citizens who reside in rural and other de- the line. We owe a tremendous debt to This administration, the Vice Presi- pressed areas; amendments that would re- these men and women and to their fam- dent and the President himself have quire both public and private sector entities to ilies who love and support them closed 34 refineries since 1992 in the make reasonable and diligent efforts to find through their training and deploy- United States of America. The Vice American citizens who are willing to be trained ments so that we may continue to live President asked us to use our reserve in information technology positions; that would in a world of hope and the promise of to lower the prices, which it will not do raise the H±1B visa fees; and that would use peace. so. But as we do take that oil, if he is those increased revenues to, in part, carry out Having dedicated much of his young successful in his attempt, the oil will the other amendment mandates. life to the service of this Nation, it is have to be shipped and refined in Ven- Mr. Speaker, this House has not had the will only fitting that Lieutenant Donald ezuela and then shipped back to the to pass a modest increase in the minimum can be commemorated here. Lieuten- United States because they have dis- wage, an increase to help move millions of ant Bruce Donald is survived by his couraged the building of new refineries. America's workers out of poverty. But we did parents, Patrick and Elaine Donald, his The refineries themselves we have in find the will to pass a bill that mandates that brother Brian, all of Poughkeepsie, place are running around 95 percent, foreign workers earn a minimum of $40,000 a New York. I offer the Donald family which is unhealthy for the refineries year. That is what the H±1B Bill that passed and their friends my deepest condo- because it is hard to maintain them at provides. lences. that level. Late last night, Mr. Speaker, those who f b favor large business interests won. But, the 1530 American people, especially those who live in OIL DRILLING IN ALASKA We must consider the production and rural America, the many willing and able un- The SPEAKER pro tempore. Under a the refining capability, and this Nation employed workers and this Nation, lost. previous order of the House, the gen- with this administration has not done.

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.103 pfrm01 PsN: H04PT1 H8784 CONGRESSIONAL RECORD — HOUSE October 4, 2000 I am going to suggest respectfully think the comments of the gentleman would not mind going in a little more that there is no energy policy. I have are very appropriate. detail. said it once and I will say it again. The Mr. Speaker, I yield to the gentleman He said, when the original plan was only energy policy this administration from Alaska (Mr. YOUNG). drafted or the bill was passed, there has had is to be on knee pads begging Mr. YOUNG of Alaska. Mr. Speaker, I was an area that was set aside for ex- OPEC to produce more oil. thank the gentleman for yielding. I am ploration. My understanding is now, That is not America. It is for us to glad he asked that question. Because when we talk about the 19 million set a policy, it is for the next President the area which we are talking about, acres, the gentleman said there is 1.2 to set a policy to make sure that we the area called the 10–02 Area in the million, but we are only talking about are no longer dependent upon the Arctic National Wildlife Range, is a 12,000 acres of 19 million. Is that cor- OPEC countries. very small part of 19 million acres. It is rect? Coal, massive amounts across the Na- approximately 1,200,000 acres. And of Mr. YOUNG of Alaska. It would be tion and Alaska being discouraged. Nu- that 12,000 acres would be disturbed. 12,000 acres of 19 million will be totally clear is not being utilized. It is being But it is only 74 miles away from the disturbed by mankind. The rest of it is shut down. Natural gas, the demand existing oil field and pipeline, 74 miles, wilderness. has gotten so high now gas has gone which is a very small distance to tie By the way, the Congress set this from $2.15 a million to, in fact, $5.40 these two areas in. area aside because they knew the oil today. Now, that to me is wrong. It is an area that this Congress set was there. And that is one of the rea- If we can find, which we know we aside when they passed the Alaska Na- sons it should be opened up. have when we are given the opportuni- tional Land bill by Senator JACKSON To give my colleagues an example, in ties and areas are open, we can become and Senator STEVENS because we knew the last 10 years we have lost actually at least 50 percent dependent upon our- the potential of the oil being there. 77 percent of our oil rigs because this selves. And my colleagues out there And by the way, Mr. and Mrs. America, administration has not promoted oil think businesses can be run with 57 this is your oil. This is not the State of development. They have asked us to be percent of their companies owned by Alaska’s oil. dependent upon the foreign country. someone else, if they think they can do My goal is to try to make us more The domestic oil and gas industry has what they want to do when 57 percent independent so we are not dependent lost 500,000 jobs in the last decade. is owned by someone else, they are on the foreign countries. This very It is ironic to me in this political sadly mistaken and know little about small area that is not, by the way, the arena in which sit, Mr. GORE, the Vice business or the economy. pristine area that people talked about, President, says, big oil, big oil is bad. And that is where the United States it is probably the most hostile area. Foreign oil is good. Big oil is bad. Buy is today, 57 percent today, 60 percent And that is why I referred to the pic- it from the foreign countries and be de- by the year 2005 unless there is a ture that the gentleman spoke before pendent. That is good. Let us be domes- change in the energy policy. me about ANWAR was a picture that tically dependent on the other coun- My State, yes, is an energy-pro- was false, false, false. tries. No, that is bad. ducing State. Thank God for that. It I want people to remember that. It is So I am suggesting that Alaska was on this floor in the House right a made-up picture or a picture taken in wants to contribute to the ability of here in 1973 that we passed the pipeline the southern part of that 19 million this country not to have to respond to bill that delivered to this Nation 16 bil- acres. And I ought to know because I the OPEC countries. And we are so lion barrels of oil spent in our country, live in that area. And so, when people close, 74 miles away. Remember, the not spent overseas, in our country. And say we are going to destroy the envi- pipeline is 400 miles long. We have the to show my colleagues the results, the ronment, and I listened to the Vice potential of 39 billion barrels of oil, and caribou herd is stronger, the environ- President talking about destroying the that is the largest reserve we know in ment is safer. And very frankly, this crown jewel, Alaska is the largest the United States today. Nation needed it badly in 1973 because State, 21⁄2 times the size of Texas. And yet we have people talking about of the embargo; and it needs it today. We have more wilderness than any destroying the environment. The envi- I ask America to wake up about en- other area in the United States includ- ronment will not be destroyed. But ergy. Think about where we are going ing all the States put together. We keep in mind, what right do we have as to be if we do not change that policy. have more pristine areas in the State Americans to buy oil from Russia, and George W. Bush mentioned it last night of Alaska than any other area. They yes, we are doing that; to buy oil from in the debate. We must have an energy will never be touched by man. But this the OPEC countries? Do they have any policy today that increases the devel- one area has the potential, very small safeguards? They do not. They spill opment and the production and the as it is, to provide for the Nation itself more oil in Russia in one day in the ability to refine our energy policy. so we are not dependent upon the pipeline than we did in the Exon f Sadam Husseins a million barrels a day Valdez. And yet we want to buy oil for the next 100 years. from foreign countries to feed our ap- NIGHTSIDE CHAT Now, keep that in mind what I have petites, that I would agree with. But The SPEAKER pro tempore (Mr. just said, by the next 100 years. Some each day we stop domestic production TANCREDO). Under the Speaker’s an- people say I am exaggerating, that it is makes us more dependent, more re- nounced policy of January 6, 1999, the not true. This is exactly fact. And sponsive to the foreign desires. And gentleman from Colorado (Mr. when someone says, we do not need the they can run that price up. MCINNIS) is recognized for 60 minutes. oil, it is only 6 months’ times, that If my colleagues want to blame Mr. MCINNIS. Mr. Speaker, I have means we have no other production and somebody for the high price, blame this listened a good deal to the previous would be totally dependent on Alaska administration. Blame this administra- comments, and I was wondering if the and we never ever expected that. But tion for really discouraging domestic gentleman from Alaska (Mr. YOUNG) we should be able to provide at least production. They do not have an en- could answer the question or go into a that million barrels a day so we do not ergy policy, none whatsoever. And if little more depth about the specific have to buy it from Sadam Hussein. they want to read an interesting book, area in which this exploration has That is what is important to me. read AL GORE’s book. He wants to de- taken place. Mr. MCINNIS. Mr. Speaker, if the stroy the combustible engine, put ev- It sounded as if it was in the middle gentleman does not mind, as the gen- erybody on bicycles, like they are in of a national park in the middle of a tleman knows, our colleagues that China. And yet the other day he said wildlife refuge. I thought maybe it were up here spent most of an hour we have got to lower the price of gaso- would be interesting to hear from the speaking about what a traumatic situ- line because it is hurting our economy gentleman just the dynamics of Alas- ation this was and how terrible this and the people. ka, how much of the land is owned by was going to be; and I do not think it The reason the prices are high is be- Alaska, and maybe compare the size of was held in its proper perspective. So I cause the policy they have is to go to Alaska to Texas for example. And so, I think if the gentleman, for example, the OPEC countries and beg them to

VerDate 02-OCT-2000 02:02 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.105 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8785 produce more oil. If we were producing sponsibility of one man, one captain ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE our own oil, then we would not have to that made an abrupt turn; and why we The SPEAKER pro tempore. The gen- beg, they would be producing at a level will never know. tleman from Alaska (Mr. YOUNG) is re- which we would be producing it and the But in the meantime, I remind the minded that he must address his re- price would be stabilized. American people that that oil which marks to the Chair. Mr. MCINNIS. Mr. Speaker, reclaim- you receive is oil that we would not Mr. YOUNG of Alaska. Well, Mr. and ing my time, I might point out that have to buy from the OPEC countries; Mrs. America in the gallery, then. I while the Vice President has proposed and if we could produce 2 million bar- can address somebody I hope. in the last couple of weeks because, rels a day, which we could with Mr. Speaker, I want to get back to one, we are in a political season and, ANWAR, and, remember, it is your oil, the concept. Let us look at energy. two, the price of gasoline has escalated if we could produce 2 million barrels a Now, you cannot conserve your way rather dramatically, if we look at the day, that means we would be that less into prosperity, nor can you conserve Vice President’s writings on his policy, dependent upon those foreign coun- your way into independence with fuel his policy actually is to increase the tries. or energy. And that is the suggestion of taxes. It is clear. I am not taking this Mr. MCINNIS. Mr. Speaker, what AL GORE, we are going to have con- out of context. His policy is you raise concerns me about the discussions that servation that will solve our problem. the price, you put more taxes on gaso- we have been having on the Alaskan oil Not as our population increases. That line; and that is the only real policy I is that the emotions get in the way, I is an impossibility. It is not correct. have seen. think, of looking at the facts. One, the So I am suggesting we must think But let me shift gears for a moment. fact of what are the requirements of about where we find our oil and our If the gentleman would not mind, I the United States? What is the depend- gas. And we have it in Alaska. It can be know I am taking the time of the gen- ency of the United States? What hap- done and has been done and is environ- tleman, but I was wondering if the gen- pens if the United States becomes de- mentally safe. We must allow this to tleman would not explain, when we pendent, as we have seen, on foreign happen for America. We must not allow talk to our colleagues here about the countries? What happens to our econ- the OPEC countries to control us, as pipeline, if he would explain a little omy? What happens to everything from they are doing now. medicine and so on? more about what the pipeline consists b 1545 of, how that project was handled and On the other hand, we need to not let how they addressed the environmental our emotions become so charged with They are the ones that are pulling the price of oil that we ignore environ- issues when they put in ANWAR. Talk the strings; they are the ones that mental safeguards. a little bit about that just to acquaint raise the price of gasoline at the pump And so, my reason in talking with our colleagues with what is going on in with the taxes that AL GORE added. the gentleman is for his explanations They are the ones that make you pay Alaska. of the safeguards. And I think he has Mr. YOUNG of Alaska. Mr. Speaker, I more as you go to work or you take done a good job that, with the environ- was the sponsor of the pipeline bill; and your young son to soccer or your ment, we have spent $50 million on the it passed August in 1973 because we daughter to piano lessons or vice versa. caribou for example. Well, that one was were in an embargo. The OPEC coun- We as Americans have to have a policy. not justified because the caribou do not I believe our policy on energy has to be tries placed an embargo and our gaso- use it. There are a lot of environmental line went from 23 cents to 54 cents, and one of production, one of discovery and expenses that are taken into consider- one of refining. we were frankly out of oil. ation and a lot of sensitivities that, We passed it here in 1973. We told the I know I am going to introduce a bill rightfully so, are observed. companies to build it in 3 years, and the next session to give us an expedited This is not a sign-off to some com- process to build refineries. Because I they did; and in 1976 they had the first pany to go up and drill where they have asked people, ‘‘Why aren’t you barrel of oil that flowed through that want. This is probably the most scruti- building refineries?’’ They say, ‘‘We line. And by the way, it all went to the nized project in the United States I can’t build refineries under the present United States. It did not go to Japan. would guess. All of it went to the United States. Mr. YOUNG of Alaska. Mr. Speaker, I delay factors of this administration.’’ And we have produced about 16 billion am glad the gentleman brought this That means we have to buy refined barrels of oil. up, because it is scrutinized Federally products from abroad. Most of the gas- At the crisis of the Gulf War, for in- and by the State, the EPA, the DEC, oline that you burn in your automobile stance, we were producing 2,200,000 bar- the Corps of Engineers, the Coast and heating oil that you are using and rels a day. It averaged a million barrels Guard, and Fish and Wildlife; and it the northern reserve which we are a day. It has the capacity of 2 million meets every criteria for safety in the going to have after this Congress barrels. But we put that pipeline in promotion of wildlife. passes it comes from a foreign country, with all the safeguards that we can I go back to this picture again. These which means we are dependent. possibly have available in those days. are caribou, and this is the oil field. And so I ask you to make sure every- That has been a long time, approxi- These are caribou and calves, and this body understands this issue. Energy is mately 28 years ago. is the oil field. And by the way, many the number one problem in America We put crossings for caribou to cross times they talked about the caribou today and threatens our freedom and over at the cost of about $50 million. herd, the porcupine caribou herd and our security because in the last 8 And by the way, they do not use them. how their calving area will be dis- years, we have allowed this administra- They crawl under the pipeline because turbed. And I have said all along, car- tion to direct us with their policy to they like to be under the pipeline. ibou calve when they want to calve and become dependent upon foreign coun- The caribou herd has increased dra- where they want to calve. And guess tries. I am trying to offset that. Any- matically many fold over. Actually, what, the last 2 years they have not body that steps up here and talks about the wildlife all the way around has in- calved anywhere near this area we my State and how bad it is in ANWR creased. We have had, they say, a thou- want to drill in. and the Arctic wildlife range has never sand spills. That is pure poppycock if I The myth that is put forth by inter- been there, they know little of it, and may say so. Because up there they call est groups to somehow say we are bet- they are speaking the word of a written it a spill and they are very good about ter off buying oil from other countries booklet from an interest group that reporting it. If there is one drop of oil where they do terrible damage environ- wants us to become more dependent somewhere from a squirt gun or an oil mentally with no safeguards when ours upon foreign fossil fuels. As we become can or the bottom of a truck, that is have all these supervisional agencies more dependent, we have to respond to reported. over them is wrong. their desires. Maybe it could be nega- There has been no major spill at all And each one of you, Mr. and Mrs. tive to the American way. in this pipeline from the time it was America, as you go up to that pump, I ask everybody to wake up, all of my constructed. The one people hear about you are paying the OPEC countries, colleagues, and support me in the de- is the Exon Valdez. That was the re- you are not paying the United States. velopment of not only the 1002 areas in

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.107 pfrm01 PsN: H04PT1 H8786 CONGRESSIONAL RECORD — HOUSE October 4, 2000 Alaska but the other fossil fuel areas my colleagues that live out here in the they used this incentive, go West, in America. I thank the gentleman for East, those that represent States with young man, go West. To do that, they yielding. very little Federal ownership, when said, let us have a homestead. You go Mr. MCINNIS. I thank the gentleman they decide they want to build a new out into Kansas, you go out into Mis- for taking time this evening. I thought bridge or when they decide that they souri, you go out there, you find 160 it was very appropriate for the gen- want to go and have a new building or acres or you find 320 acres, you farm it tleman to come over here because it some kind of adjustment in their coun- for enough years and you get to keep seemed to be one-sided, the story we ty or some type of development, they it. It is your land. just heard. go to their local county planning and That worked pretty well. What we I also would like to thank the gen- zoning commission. Out here in these saw were fairly dramatic movements of tleman with my colleagues here for the Federal lands, anything like that, they population into these areas. But when considerations and the courtesies that have got to go to their planning board they got to the West where it is very he has extended to the State of Colo- which is in Washington, D.C. So there arid, we do not have the kind of water, rado over the years. We appreciate his are a lot of significant issues that we it does not rain in the West like it does service and his courtesies. ask for our colleagues in the East to in the East, when they got out West, Mr. Speaker, I interrupted my com- have an understanding of what goes on the crowd started going around. No- ments because I felt it was very impor- out primarily in the West. Or have an body was sticking around in here. tant that we listen to the chairman of understanding of what goes on in the Why? Because they discovered in Kan- the Committee on Resources, the gen- State of Alaska. sas, for example, or Missouri or even tleman who has represented the State For example, in my district, we are eastern Colorado or down here in some of Alaska for a number of years. Alas- totally dependent, totally, not par- of these States, in the Midwest States, ka is a wonderful, wonderful State. tially, totally dependent on multiple Pennsylvania and so on, they were dis- Most of Alaska, I think in the high 90s, use of public lands, for water. Every covering that with 160 acres, you can maybe 96 percent of Alaska is owned by highway that we have in my district support a family. You have enough the Federal Government. I wish I had comes across Federal lands. The water, acreage there to grow a farm. But they time this evening to talk to my col- when I go back to water, it is either also discovered that when you got to leagues about what happens and the stored upon, originates or comes across the mountains, for example, or to the differences between States that are pri- Federal lands. All of our power lines, more arid acres, sometimes 160 acres marily owned by government and all of our cellular telephone towers, all would not even feed one cow. So the States that are primarily owned by pri- of this is on Federal lands. In my par- settlers were not staying there. At the Nation’s capital, they said, vate individuals. ticular district of which we have the what do we do about this? How do we Many of my colleagues here on the premier ski areas in the world, Aspen get settlers out here before we lose this floor come from States where their pri- or Vail or Telluride or Powder Horn or mary ownership in their State are pri- land? How do we get them to move in Purgatory, I could go on and on and on, there? Somebody came up with the vate individuals. Many of us come from these areas are dependent, very depend- States where the primary ownership in idea, it takes 160 areas of good fertile ent, our tourism dollars are very de- ground in Missouri for a family. That our States is the Federal Government. pendent on these lands. We are very, In Colorado, for example, my district is is the equivalent in the mountains of very, I guess you would say over a pe- Colorado, it might take 2,000 acres. So the Third Congressional District of the riod of time we have become encom- State of Colorado. My district geo- let us give them 2,000 acres. They passed by the concept of multiple use. thought about it, the policymakers graphically is larger than the State of I want to talk just for a moment back then, and they said, ‘‘Wait a Florida. And on the eastern line of my about that concept of multiple use. minute, we can’t give that away. That district, which, very simplified, runs What happened in the early days when is too much for one person.’’ Then the from Wyoming down I–25 to New Mex- our country was a young country, we idea was born, well, let us go ahead and ico, it exempts out the cities as you go basically had this as our country. Our have the government retain the owner- down, but from that eastern border to forefathers, the leaders of our country, ship. In other words, the government the Atlantic Ocean, that land, there is wanted to settle the land that we had will continue to own this land out here, very little Federal Government owner- purchased. In those days, possession, but let us let the people use the land. ship of lands. Out here in the East, you that is where the saying, by the way, That is where the concept of multiple have the Appalachias, you have the Ev- possession is nine-tenths of the law, use came from. erglades down there and then in a lot possession meant everything. In the When the gentleman, the chairman of of States you have the local court- early days of our country, if you did the Committee on Resources, stands up house, you may have a park here and not possess the land, somebody else and talks about Alaska and talks about there; but the reality of it is if we took could come in and they did not care your oil, that is why Alaska is pri- a map, for example, of the United whether you had a deed or a document marily owned by the government, be- States and we looked, obviously I am that said you own it, they came in, cause of the fact of the differences be- not an artist, but if we took a look at they sat there with a gun and said, ‘‘I tween States in the West and States in my eastern border, here is Colorado, own that property.’’ the East. And so I think it was impor- the point I am making is from this Once our country made purchases tant. I acknowledge the gentleman and point right here to the Atlantic Ocean, like through the Louisiana Purchase appreciate him coming to speak with Federal ownership or government own- and things like that, what happened us. ership of land is represented about like was, taking this out for a moment, I want to address another point. I had this, with the Appalachias here, the they were trying to figure out how to the opportunity to come down and lis- Everglades, the park up here in the get people to leave the relative com- ten to some of my respected colleagues Northeast. If you were to look from my forts of the East and of the settled prior to my having the opportunity to border, this district, the Third Con- communities in the East, how do we visit with you. It sounded like it was gressional District, and go to the Pa- get them out into the new frontier. the George W. Bush bash hour. What cific Ocean, you are going to find out How do we encourage people to go out can we bash George W. Bush about? that government ownership of land there and set up a home or set up That seems to be a favorite thing by looks like this. Obviously that is a towns, because as a country we need to some of my colleagues here lately. rough drawing, but that is pretty sig- possess the lands like the Louisiana What policy can we find of George W. nificant. Purchase, or we are going to lose them Bush? Let’s just bash him. There are a lot of differences between to some other country. Somebody ought to stand up here and living in areas where the ownership of So what they decided to do was let us say a few things that George W. Bush is the land is by individuals and living give land. Everybody in this country, it doing right and a few ideas that I think out here where our zoning and planning is an American’s dream to own a little will work for this country on a bipar- commissions are dictated by decisions piece of land, to own your own little tisan basis, that both sides of the aisle out of Washington, D.C. For example, house. It is the American dream. So ought to acknowledge.

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.111 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8787 Let us take an example. Let us talk their 20s, those are the people that are amount, out of your check for your re- about Social Security, for example. So- going to face the dramatic problem on tirement. You have no choice on that. cial Security, we ought to look a little Social Security if we do not take a bold You get no choice as to where it is in- at the history. We know that we had move. You can call it risky as AL GORE vested. You do not get a choice as to the Depression in 1929. In 1935, the has called it, but the fact is you have whether it goes into the stock market President decided and this country, got to do something. That is what lead- or whether it goes into bonds. You and this Congress on this floor, decided ership is about. If you do not want to have no choice on it. On the other that we should have a national insur- lead, stand aside. We are not going to hand, the trade-off is you are guaran- ance policy, a social insurance. That is leave you behind. teed a payment when you retire. But, then, after that is said and done, where Social Security came about. But b 1600 there are a few factors to remember you get to take up to 10 percent of your about Social Security when it was first But you are not a leader. Somebody pay and you can invest it through the conceived. has to get out there with a bold plan. I Thrift Savings Plan, and the Federal Number one, for every person that can tell you that the plan that George Government will match the first 5 per- was retired in 1935, we had 42 workers W. Bush has proposed is not exactly in cent. So you get to take 10 percent, out there working. Forty-two workers my opinion something that is novel. they match the first 5 percent, and you for every person retired. What has hap- You say, what do you mean novel? get choice. You are not required to do pened over a period of time is the num- Well, I think that George W. Bush and it, by the way. And what kind of ber of people that are working has gone his Social Security plan, they looked choices do we have? down in proportion to the number of around and said, gosh, how do we test Our choices are, one, you can go into people that are retired. Today, instead market my proposal? How do we test savings accounts, which are guaranteed of being 42 to one, today it is three to market something for the younger gen- by the government, just like if you one. It is three to one. That has cre- eration that will save Social Security? went to a local bank, FDIC approved. ated a problem for Social Security. You know what? They found it. It has You get that. But the return is low. Number two, and this is good news been test marketed. It has been out The lower the risk, the lower the re- for all of us, colleagues. This is good there and used. You know what? It is turn; the higher the risk, the higher news. The modern medicine that we working. the return. The very low risk option, have developed and the vaccines and The logical question that one would zero risk, almost, and you get a low re- the ability to fight things like chicken ask is, well, where is this test market? turn. Or you can go into something pox and polio and things that were hor- Where are the results? Who is using the like the bond or the stock market. You rible diseases of the past and with god- same type of basic plan that George W. have that choice. speed we can find a cure for cancer in Bush is proposing for all of America? What is wrong with George W. Bush’s proposal to give choice to the Amer- the future but these diseases have in a Where is your test market on that? ican people? What is wrong with our large part been conquered. You know, when corporations or busi- The average person in the United nesses or people want to try a product, generation, the older generation, look- States in 1935 could expect to live, a they go out and test it first. So you ing to the younger generation, like my male 62 years old, a female 65. Today, prove to us, MCINNIS, where is this test children? My children are grown now. that is almost in the 80s. We have had market? What is wrong with my generation say- a dramatic increase in the life span for You know where it is? It is right here ing to this generation, hey, you ought our citizens in this country. Unfortu- on the House floor. Us. You know to have a little choice. We ought to give you a choice on some of your in- nately, no adjustment has ever been what? We are treated differently than vestment dollars. made in Social Security, number one, other Americans. Every Federal em- George W. Bush has not gone out and because of the number of active work- ployee is treated differently than other Americans. How? We have our own sep- said take all the Social Security dol- ers that have been reduced and, two, lars and let this young generation de- arate retirement plan. because of the extended life span of cide if they want to put it all in the Now, we are participants in Social these individuals. stock market. Of course, that would be So what is happening is today we Security, and we do pay into Social Se- reckless conduct. That would be care- have a Social Security fund which on a curity, but, as you know, we have an- less. There is not a financial mind in cash basis, means cash in the bank, is other plan. Every Federal employee, 3 the world that would tell you that in the plus column. But when we look million of us in this country, have been would be a smart thing to do. on an actuarial basis, and what do I test marketed, and that plan is called What George W. Bush said is give mean by that word? I mean when we the Thrift Savings Plan. them up to 2 percent. Let us try it out. look into the future and say, okay, What is the Thrift Savings Plan? It works for American government em- here is the money we have, here are Number one, it is voluntary. You are ployees, why can it not work for the our future obligations, do we have not required to participate in it; ex- young generation; the women in this enough money to cover all of these fu- actly what George W. Bush is saying country that are young and just get- ture obligations? That is what is called with the partial investment of Social ting into the workplace; the young actuarial thinking. On an actuarial Security dollars. men and the families. basis, Social Security is bankrupt. Number two, it gives you choice; ex- If we do not do something, do you And who is the individual that is run- actly what George W. Bush is talking know what the return is? If we stick ning for President that has stood up about when he talks about his Social with the status proposed, which seems and I think in a bipartisan approach Security plan. to be what is proposed by the Al Gore come up with a plan? Now, it is a bold Number three, it guarantees you a policy? Here is what your return is: 0.09 plan. GORE and the President, they payment, regardless of the choice that percent. That is a rotten return. That have called it a risky plan. You have you make; exactly what we have in our is what you get to expect, assuming got to take some risk. You have got a Thrift Savings Plan and exactly what that we can keep it afloat. plan that is in trouble. Not in trouble George Bush has proposed in his plan. So a young couple today, let us say a for my generation. I am 47. Not in trou- How does the Thrift Savings Plan young lady named Joyce and a young ble for my parents. My parents are work? As you know, we get our check, man named John, and John and Joyce going to be guaranteed, any of the col- and there is an automatic deduction go out into the workplace, and their leagues, any of your seniors, their taken out of our check for Social Secu- Social Security, if we do not change money is not going to be interrupted. rity. There is also an automatic deduc- this thing, number one, it probably on Really from about 45 on up, their tion taken out for our retirement. So, an actuarial basis will not be there for money is going to be there. But the as a Federal employee, and remember, them; and, if it is, if the stock market young people of this country, the peo- this applies to all Federal employees, continues to boom, and we know, in ple that George W. Bush has talked not just to the Congress, but to about case you have not read in the last few about, the people in their 30s, the three million Federal employees, so weeks, it has leveled off, but if it con- young workers that are starting out in they take out a small amount, or an tinued to boom, which it will not do

VerDate 02-OCT-2000 01:55 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.113 pfrm01 PsN: H04PT1 H8788 CONGRESSIONAL RECORD — HOUSE October 4, 2000 forever, then that is about what kind sent to the President of this country a ital gains. And they took 70-some per- of return you can expect. death tax elimination. Now, whether or cent of that estate and moved it out of How can we do this? Come on. It is an not you think you are covered by the this small town in Colorado and they obligation, it is a fiduciary duty on death tax, I think it is a fundamental moved that money to Washington, D.C. every one of us in this room, to stand question. to be redistributed by a bureaucracy. up for this next generation behind us It is the same thing, by the way, with You know what? The money in a and the generation behind them and the marriage tax elimination. The Re- community ought to stay in a commu- the generation behind them. publicans, with help from some con- nity. I do not believe you ought to be If we are going to have a Social Secu- servative Democrats, sent to the Presi- able to tax death as a taxable event, rity program, let us give them a Social dent of the United States a marriage but it sure would be a lot more liveable Security plan that works for the Amer- tax elimination, to eliminate the tax, if you went to that small community ican people. Let us not make American because of the fact you are married, and said, look, just in spite, you had Federal Government employees an ex- and to eliminate the tax because of somebody who was successful, so we clusive set, where they have a little your death. On both occasions, the are going to tax them on their death, different arrangement than the very President vetoed both of them. but you get to keep the money in the people who put us here. The people Now, let us talk about it. The basic community. that pay our checks are the taxpayers. fundamental question you need to ask Remember, the death tax, where it We ought to take that into consider- about the death tax and the funda- came from. The death tax came as kind ation. We should not treat the tax- mental question you need to ask about of a get-even tool with the Carnegies payers of this country, who are not the marriage tax is should death or and the Fords and the Rockefellers. Federal employees, different than we marriage, should those be taxable That is where that thing came from, treat Federal employees. events in our society? You know what? from people who wanted to declare Why not change Social Security? I The majority of us stood up and said class warfare, who said, look, this is a see positive things. Instead of standing no. great country, and we say if you invent up here in a very partisan way and Unfortunately, the administration the better mouse trap, you get to reap bashing George W. Bush, why do we not disagreed. They think that marriage the reward, as long as you do not reap stand up here and talk about what I should be a taxable event. They think too many rewards, because then we are think are the good policies and the that death is a taxable event. Not only going to come after you. That is ex- good recommendations that he has do they think death is a taxable event, actly what happened in the twenties made? If he becomes the President, I I sit on the Committee on Ways and and so on. think you are going to see a very posi- Means. I know about finance and taxes. This is a tax that should never have tive change for Social Security. The President’s budget, the President been created. It is a tax that hurts our Those policies will work because they and Vice President, the Clinton-Gore communities. It is a tax that hurts our have been test marketed. It is not new. budget this year not only did not even environment. This is a country that It did not just fall out of the sky. consider elimination of the death tax, ought to pride itself in encouraging its These policies work, they have been they actually proposed an increase of citizens, encouraging its families, to tested, and they have been tested on 3 $9.5 billion, a $9.5 billion increase in pass a business from one generation to million people. And, do you know the death tax. the next generation. what? The participation rates are in You should not increase it, you What builds the strength of a country the high 80 or 90 percent of Federal em- should not keep it. The death tax does is family. That is what builds our ployees that want to get into this pro- not collect a lot of money. Let me tell strength. And for a government to go gram. Because why? Because it works. you, when you hear, and I have heard out and discourage and actually penal- That is why they want to get into this this over and over again, when you ize the transfer of a business or the program. hear, well, this only benefits the upper family farm or the family hardware Mr. Speaker, let me change subjects, 2 percent of a community, wake up. It store from one generation to the next because I heard some other Bush bash- does not just affect 2 percent of the generation is fundamentally flawed. It ing going on, and I think once again community. Let me give an example. is flawed with the concept of what we somebody has to come tell the other Colorado, you take a small town in have as government. side of the story. Paul Harvey, who by Colorado. I have a small community in Now, maybe in a communist country the way, I had the privilege of meeting Colorado where somebody who, by the or in a socialist country, where every- Paul Harvey a couple of weeks ago in way, lived the American dream, started body is not paid on what they are Pueblo, Colorado, where we honored out with nothing, worked all his life. worth, they are paid on what they about 100 Medal of Honor recipients, His entire dream in life was to be suc- need, so no matter what they do, it is and Paul Harvey was kind enough to cessful so he could pass it on to the not what they do for society, it is what come out there at his expense to speak next generation and spread it in the they need. So you equalize all those to us. But Paul Harvey has a famous community. He had a construction payments. saying, you have all heard it, ‘‘and now company. By the way, to be eligible for That is what the concept of a death for the rest of the story.’’ That is ex- the death tax on a construction com- tax or a marriage tax comes from, es- actly why I am over here this after- pany, if you own free and clear, if you pecially a death tax. That is not what noon talking to you. own much more than a bulldozer, a we want in this country. That is not You heard one side of the story, Bush dump truck and a backhoe, then all of what ought to be happening to our bashing; Bush bashing on Social Secu- a sudden you are facing the death tax. communities. rity, Bush bashing on taxes. Bush bash- That is right, a bulldozer, backhoe and By the way, you heard me right when ing. Look, do you know what? There dump truck, and you are facing the I tell you the death tax hurts our envi- are a lot of good things in there. Why death tax. ronment. You say wait a minute, how not look for some of the good, col- This individual passed away. From does the death tax hurt our environ- leagues, instead of trying to spin it out what you would hear from the people ment? You know how it hurts it? In my of control because of the political ne- who think that the death tax is a fair district, in Colorado, a beautiful dis- cessities of an election coming up here tax, that it is fair to tax somebody on trict, I live in the highest place in the in 4 or 5 weeks? property they have accumulated that Nation, the highest elevation in the Let us talk about taxes, and let us they have already paid taxes on, sim- Nation. If you have been skiing in the talk about what the Republicans, ply by the fact that they died, what mountains in Colorado, if you have frankly, with a lot of help from con- you need to look at is what the impact been in the mountains in Colorado, the servative Democrats, have done with is on a community. essence is you are in my district. their tax policy. What happened, when he died they The people discover the beauty of Number one, the Republicans, again took 70-some percent; 55 percent of it this. What happened is we have family with help from conservative Demo- for the death tax, 22 percent on capital farms and ranches out there, and what crats, who came across the aisle, we gains, or 28 percent, excuse me, on cap- is happening is people are coming in

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.115 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8789 and the families are having to sell colleagues spin it out as if we dare talk colleagues really think people ought to these. They want to farm, they want to about it, hey, maybe they put in too be penalized in tax due to the fact that ranch, they want to have that piece of much. George W. Bush says take half of they are married? How many of my col- land, but they have to sell it. You our surplus right away and put it to re- leagues really think that this govern- know where that land goes? It does not duction of the debt; that should be our ment ought to engage in discouraging continue as a ranching operation. It priority. families from passing their hardware does not continue as a farming oper- Reduce that debt, but you still have store or their farm or ranch from one ation. It continues as a few hundred a little that you ought to put into generation to the next generation? Not more condominiums, or a few hundred some programs like education and a lot of my colleagues, but my col- more townhouses, or a brand new shop- healthcare, and you still have a small leagues ought to be identified to the ping center. That is what is happening fraction of that you ought to give back American people so they know exactly to that land out there, and a lot of it is to the taxpayer, pat them on the back where we stand. due directly to this death tax. and say thanks for what you have done. The taxpayer does deserve some cour- So do not stand here and bash George Thanks to the productive nature of the tesy. We obviously need to reduce the W. Bush because he wants to eliminate American people, the American tax- death debt. We have to take care of the death tax. Do not stand here and payer, this government is sitting pret- programs like education and health bash George W. Bush because he says ty well. care which are fundamental for the marriage should not be a taxable event. This surplus was not created by the survival of the greatness of this coun- What you ought to do is, as some of the wonderful creative thoughts of your try; but the best way that we do it is Democrats have done, join the Repub- government. It was created by our con- we look at it in a positive sense, and I licans in our fight to get rid of the stituents, the hard workers, the 8:00 to encourage my colleagues to do just ex- death tax. Join the Republicans, as 5:00 people or the 8:00 to 8:00 people out actly that. some conservative Democrats have there who produce and create capital. f done, and get rid of the marriage tax. Government does not create capital. Instead, what happened, unfortu- Government transfers capital. Govern- CITIZENS’ RIGHT TO VOTE nately, we saw the majority of Demo- ment takes it from the workers’ pock- The SPEAKER pro tempore (Mr. crats go with the President and sup- ets, transfers it to Washington, D.C., ISAKSON). Under the Speaker’s an- port the President’s veto of getting rid and then hands it out as if they worked nounced policy of January 6, 1999, the of the marriage tax and support the for it. That is not what the government gentlewoman from California (Ms. President on this death tax. I am say- is about. MILLENDER-MCDONALD) is recognized What I am saying is do not be ing to my colleagues, work with us in for 60 minutes. ashamed to talk about a tax cut. They a bipartisan method. We can do some- Ms. MILLENDER-McDONALD. Mr. ought to be reasonable tax cuts. Is it thing for Social Security for this next Speaker, the 14th amendment of the unreasonable to cut out the tax of generation. We can do something about Constitution of the United States guar- death? Is it unreasonable to cut out the that death tax. We can do something antees every American citizen the tax of marriage? right to vote. about that marriage penalty. I was so excited last night in that de- When our country was founded, the b bate. I wanted to be in that debate, not 1615 right to vote was preserved for white as a candidate but just to get up there Let me tell my colleagues, in a bipar- men and property owners. It took the and say, wait a minute, Mr. Vice Presi- tisan direction, when we have worked Women Suffrage Movement to enfran- dent, what is wrong with the policy of together in the past, the Democrats chise women and the Civil Rights cutting out a death tax? What is wrong helped us pass probably the largest tax Movement to fully enfranchise African with the policy of eliminating the mar- break that we have had in 20 years or Americans and other people of color in riage tax? What is wrong with the 30 years; although the people do not re- this country. homeowners tax break that we gave 2 alize what we have done. The Repub- In the words of Susan B. Anthony, years ago? You did not try and spin it licans, about 3 years ago, 2 years ago we, the people, not just the select few, out of control then. went out and said the Americans I am telling my colleagues from a bi- but we, the whole people including all dream is about owning their own home. partisan point of view, we owe respect of us formed this union. So we think in most families, the own- to the taxpayer; and there is no reason Today, we have awakened to a new ership of the home is the largest asset to back off and be ashamed, because we challenge for this republic, restoring they have; that is usually the largest talk about maybe we ought to thank the voting rights of men and women asset in a family. the taxpayer and say we got enough to who committed crime but have paid What we said, the Republican bill operate the government. The more the their debt to society. that we got passed, with some help taxpayer provides for the government, While the Constitution takes away from some conservative Democrats, on the sloppier the government becomes. the voting rights of individuals con- a bipartisan working effort, the bill we Sometimes it is a good idea to tight- victed of serious crimes, the States are passed says that if you now own a en down on the budgets. That forces ef- given the power to restore this right. home and you sell that home for a prof- ficiencies. That is why I have taken Through our criminal justice system, it, I am not talking about equity, I am this podium today, instead of bashing hundreds of thousands of men and talking about net income, you sell it Bush all the time, which I heard women have been politically for a profit, your first $250,000 per per- minute after minute after minute ear- disenfranchised, many of whom are son, remember most homes are owned lier this afternoon, why do we not poor and minorities who committed by couples, so it is the first $500,000 per stand up and say, hey, here are some nonviolent crimes. couple, but the first $250,000 per person policies that we can work on in a bipar- Many of these individuals have paid goes into your pocket tax free. You get tisan basis; here are some positive their debt to society; and yet some to do that every 2 years. things that he has proposed. States have restored their right to vote That is an incentive for people to go There are very few of my colleagues automatically, while others hold this out and own homes, and that was sup- out here who could look me right in right hostage to politics. Laws gov- ported on a bipartisan effort. We had the eye and arguably tell me that our erning the restoration of voting rights conservative Democrats who helped the plan, our Thrift Savings Plan, should after a felony conviction are unequal Republicans pass that, and that gave not apply to the American people and throughout the country. the American people a tax break they should only apply to Federal Govern- Persons in some States can easily re- deserved. ment employees. There are very few of gain their voting rights, while in other For some reason, there has been a you, I think, that could really look me States persons effectively lose their misconception down here on this floor. in the eye and honestly tell me, Look, rights to vote permanently. We seem to think that the American SCOTT, we ought to have a death tax. Mr. Speaker, two States do not dis- taxpayers ought to pay and pay and How many of my colleagues really enfranchise felons at all times; 46 pay, and somehow people, some of my support a death tax? How many of my States and the District of Columbia

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.116 pfrm01 PsN: H04PT1 H8790 CONGRESSIONAL RECORD — HOUSE October 4, 2000 have disenfranchisement laws that de- have served your debt to society. If you bility to go to the registered Record- prive convicted felons of the right to are free of all parole and paroles, then er’s office and get that affidavit. We vote while they are in prison, and in 32 you should have a restoration of your have a right to restore your rights by States convicted offenders may not voting rights. That is only the right virtue of giving you that right through vote while they are on parole. In 29 thing to do in this country we call legislation. States, probationers may not vote; 14 America. My bill also suggests that those States disenfranchise ex-offenders who Those persons who have had a mishap States that do not automatically re- have fully served their sentences, no in life should be given a second chance. store that, we should give them, matter the nature or seriousness of the My bill simply says they should in through the Federal law, that right to offense; 17 States require gubernatorial those States that will allow that, and vote, especially in Federal elections pardon, legislative action or adminis- those States you see are listed here. such as for the President of the United trative procedures to restore the right Clearly, the States that you see on the States. to vote. chart are the States that automati- I do have now with me a gentleman State disenfranchisement laws dis- cally will have a restoration of those who has made his mark early on com- proportionately affect the poor and voting rights, once a person has served ing to this House, who in 1999 also in- ethnic minorities. They are more like- his or her debt to society through pa- troduced a bill, a different bill than ly to be arrested, charged more harsh- role and is now free and clear standing. that of the gentleman from Michigan ly, poorly represented in court, con- And those States are California, Colo- (Mr. CONYERS) in that year, but his bill victed and receive harsher sentences. rado, the District of Columbia, Hawaii, speaks to enfranchisement and restora- Whether we like these people, whether Idaho, Illinois, Indiana, Kansas, Maine, tion of voting rights. we want to know them personally, or Massachusetts, Michigan, Montana, whether we want to share private lives New York, North Dakota, Ohio, Or- I yield to the gentleman from Illinois AVIS), an outstanding Member, with them, they are part of the whole egon, and Pennsylvania. (Mr. D to speak on his bill, and just for gen- people of America. They deserve a sec- b 1630 ond chance to vote. eral statements. I thank the gentleman Consider these statistics, Mr. Speak- Every vote counts. Every vote should for being here. er: an estimated 3.9 million Americans, count as we proceed into an election Mr. DAVIS of Illinois. Mr. Speaker, I or one in 50 adults, currently cannot mode over the next month or so, a lit- thank the gentlewoman for yielding to vote because of a felony conviction. tle better than a month. We should re- me. Also I want to commend her, not Women represent about a half million member that the Constitution does only for bringing an issue like this one of this total. Three-fourths, or 72 per- give us this fundamental right, and we to the floor, but for the outstanding cent, of the 1.9 million disqualified vot- should also ensure that every person in work that she does on a regular basis ers are not in prison, but are on proba- this country has that fundamental on behalf of disenfranchised citizens tion, parole or are ex-offenders. right. We should not abridge that in throughout America, and her tremen- The last decade alone, over 560,000 any form once a person has paid his or dous effort to make sure that those Americans served their entire sen- her debt to society and is clear and free who are sometimes left out, those who tence, stood free and stand free and of her or his parole. are forgotten, those who are at the clear of incarceration and parole and I can recall in the early sixties before very bottom of everything in our soci- have paid their debt to society. An es- the 1965 Voting Rights Act in southern ety, are in fact given as much oppor- timated 65,000 of these Americans are States there were many who had to pay tunity. women, and they cannot vote in some poll taxes before they were given the So I am pleased to join in this special States. Now, today you will hear from right to vote. There were some who had order organized by the gentlewoman fellow Members of Congress who be- to know the Constitution verbatim be- from California (Ms. MILLENDER- lieve firmly that those individuals who fore they were given the right to vote. MCDONALD). have committed crimes paid their debt That was a certain amount of This issue has been neglected for too to society and been released free and disenfranchising in and of itself. Yet, long in this country, and I am talking clear should be allowed to vote. those were persons who were people of about those who have officially paid This may seem like a radical propo- color, primarily African-Americans. their debt for their infractions, but sition, but it is not. It is fundamen- After the 1965 Voting Rights Act that upon reentry into the mainstream were tally consistent with the principles we established their right to vote, then we shunned by the very system that has live by in this country. When you pay saw large numbers of African-Ameri- claimed them reformed by denying your debt to society by spending time cans voting, many of whom now have them the opportunity to participate in in prison, your punishment is com- gone on but who recognize the type of our electoral process. plete. At that point, our society re- disenfranchisement through not being It seems to me that it is unbelievable leases you back into society and ex- able to vote unless they knew the Con- that for individuals in a society that pects you to be rehabilitated socially stitution verbatim or paid, as they had, values democracy, in a society that with family, friends, and community. so-called poll taxes. talks about each and every individual They also look to ensure that you are My bill is simply saying that person having the right to participate, a soci- economically upright with jobs, or does not have to do any of this any- ety that talks about the reclamation of should. more. This person will not be allowed It is time now to pay attention to to vote if he or she is on probation, but individuals and finding ways to bring your civic rehabilitation, that is, giv- for the persons who have cleared them- people back into the mainstream after ing one the right to vote. Minority and selves of all of the debt that they owe, they have committed infractions, and poor people are overrepresented in they should have a restoration of their yet, we deny them the most basic of all these numbers. Tonight you will hear voting rights. rights in a free and democratic society, from my colleagues why we need to en- I say to the Members, Mr. Speaker, if and that is the right to participate. franchise all of these women and men. they know of any such person who real- I rise to emphatically declare that Mr. Speaker, I have introduced H.R. ly has restored his or her rights, do let every American who commits a crime 5158, the Second Chance Voting Rights them know that they have a few days who sufficiently pays his or her debt to Act of 2000, and this bill does just that. in some States; that there are some society and is rendered free to reenter Others, like my friends and colleagues, States where the deadline for voting is back into society should have their the gentleman from Michigan (Mr. October 7. There are other States right to vote fully restored upon re- CONYERS) and the gentleman from Illi- where the deadline is October 10. turn. nois (Mr. DAVIS), also have introduced We are encouraging all of those who In fact, as indicated by the gentle- legislation to enfranchise these Ameri- want to restore their rights and to vote woman from California (Ms. cans. to call their registered Recorder’s of- MILLENDER-MCDONALD), last year I in- My bill, H.R. 5158, simply says if you fice and ask simply, where do I get the troduced legislation that would do ex- have served time, you are now out and affidavit? They have that responsi- actly that.

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.118 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8791 The fact of the matter is clear, that people associated in some, way, shape, stand here in support of, first and fore- the right to vote is the most basic con- form, or fashion with our correctional most, a Member who hales from the stitutional act of citizenship. Further- system. State of California, who has the wis- more, it is my belief that this basic Here we are, 5 percent of the world’s dom and foresight and the motivation right should include law-abiding citi- population, but 25 percent of the prison and the spirit and the compassion and zens. Unfortunately, many people who population. In a country as enlight- the humanitarianism to bring forth so control the courts and legislatures ened, we are the most technologically many pieces of legislation on behalf of throughout our country are divided on proficient Nation on the face of the people across this country, not just this issue, and have passed laws that Earth. The quality of life for mass confined to her own district and her make it difficult if not impossible for numbers of people in this country is own State. people to come back. greater than we would find the quality b 1645 Some States have passed laws which of life for people anyplace in the world. allow ex-felons to easily regain their Yet, we have not found a way to, in I want to thank the gentlewoman voting rights, and as a result, these a seriously, not only humane way, yes, from California (Ms. MILLENDER- citizens are able to freely exercise we can look at it as being humane, but MCDONALD) for allowing me an oppor- their regained right and carry on as we can also look at it from another tunity to come by just a little while and give just a few brief remarks, and productive members of society. Other vantage point. It is like having a car to stand here with the incredibly dis- States, however, are still rooted in ar- that has six cylinders, but if only three tinguished gentleman from Illinois chaic belief systems and have kept op- of those cylinders are functioning, (Mr. DAVIS), whose district is in a pressive laws on the books that perma- think of all the power and energy that State that is contiguous with my State nently bar ex-felons from the basic we are losing. of Indiana, and to say a few words on right to vote. Think of all the possibilities that we It is imperative that we review these could have. Think of all the positive behalf of H.R. 5158, the Second Chance Voting Rights Act of 2000. systems and establish a uniform stand- things that could take place if we Certainly, there is not one among us ard which affords ex-offenders the op- would look for ways to take men and in this country who does not seek a women who have committed crimes, portunity to vote in Federal elections, second chance for one reason or an- but not only in Federal elections, in who have been incarcerated, and while other. I have been given a second local elections as well. It is incredible, they are there, would it not make chance to live. I have been given a sec- when we look at the number of individ- much more sense if they could learn a ond chance to be a Member of the uals in some of our States, and espe- trade, if they could learn how to do United States Congress and would hope cially the number of African-American computers, if they could acquire col- that I would be given even another males in some of our States, who have lege degrees, if they could learn how to chance to be able to stand here with so lost their right to ever participate in a be carpenters and brick-layers and ma- many distinguished Representatives meaningful way in the making of laws sons and to do maintenance work and from across these United States of and the determination of who will rep- to be office managers? Rather than America. resent them in public bodies. coming back with no skill and not the I say that because, since I was a lit- If a person can pay taxes, get a job, right to vote, they could come back tle child, we harmoniously were taught learn a trade, learn a skill, carry on all having paid their debt to society say- to say ‘‘My country ’tis of thee, sweet of the functions of citizenship, then I ing, ‘‘I am now ready to do my part. I land of liberty.’’ That is what the Sec- think it begs the question as to why am ready to do my share of helping to ond Chance Voting Rights Act of 2000 they cannot also vote. make this country the great Nation is, liberty. Liberty and justice for all is So I would hope, I would hope that as that it has the potential of being, so something that we were also taught to we continue to look at this issue, that that it becomes even greater than what rehearse and memorize as we were we would look at those States that it is.’’ growing up through the school systems have in fact restored and given back So I ask the gentlewoman to keep and going out into the byways of life, the right for these individuals, once working, if she will, on these tough liberties and justice for all people. they have paid their debt to society. I issues. Some of us will be there work- When one thinks of justice, one have not seen anything that has hap- ing with her. Ultimately, the day will thinks of either Frederick Douglass or pened in any of these States that would come when those individuals who are Booker T. Washington that said ‘‘Jus- cause me to believe that it is a harmful now left out will in fact get cut in. I tice delayed is justice denied.’’ practice. thank the gentlewoman for this Elected officials are supposed to be Take, for example, my State of Illi- evening. the voice of the people. But what hap- nois. I consider it to be a progressive Ms. MILLENDER-McDONALD. Mr. pens, when in their selection, a seg- State; not as progressive, perhaps, as it Speaker, I tell the gentleman from Illi- ment of the population is silenced? Si- will be, and not as progressive as it nois, he just says it so eloquently. I lenced for life, not necessarily by should be. But I say it is a progressive want to enter into some kind of col- choice, not by violent means, not State because it is a State where the loquy or dialogue with the gentleman, through court procedures, but auto- Governor, even as we look at the death so I do not want him to leave. matically upon conviction. A portion penalty, has determined that we need We have been joined by the out- of our precious democracy dies and so- to review the way in which it is admin- standing gentlewoman from Indiana ciety suffers. istered, because for some reason, for (Ms. CARSON), who has been in the fore- A very poignant point came to my many reasons, there seem to be an in- front of mental health. We do recognize attention when I first ran for Congress ordinate number of African-Americans, that a lot of those of whom we speak in 1996. The field was crowded as is in Spanish-speaking citizens, low-income, have a certain amount of mental cases where a retiring Member seat ex- poor, uneducated, undereducated indi- health issues, yet it is not being ad- ists, somebody who had held a seat for viduals who end up in the penal system dressed as they are being incarcerated some 30-some years, and is open, and on death row, in the penitentiary, and and/or let out. everybody jumps in it. individuals even who, once they serve The gentlewoman from Indiana (Ms. It was interesting that we had three whatever time they have been given, CARSON) comes with experience, having people who were running for Congress still do not have the hope of voting. served in the State legislature of her who were convicted felons. The reason So I say to the gentlewoman from State, with the know-how to address they chose to run for Congress instead California (Ms. MILLENDER-MCDONALD), and dig into this issue of mental of municipal or local office is because I think she has in fact given the coun- health. the State law prohibited felons from try a great service by raising this I yield to the gentlewoman from Indi- running for State office. But no law issue, because it gives us a chance to ana (Ms. CARSON) for her remarks on anywhere prohibited felons from run- explore; to look at, first of all, why are this particular issue. ning for a seat in the United States there so many people in this country in Ms. CARSON. Mr. Speaker, it is an Congress. I thought that was very in- prison? There are more than 2 million esteemed privilege and pleasure to teresting that one could not run for a

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.119 pfrm01 PsN: H04PT1 H8792 CONGRESSIONAL RECORD — HOUSE October 4, 2000 local office but one could run for Con- in 1996 to 1997, of the 200,000 ex-convicts the United States. In fact, it is the cor- gress because Congress has the juris- in Virginia, only 404 had their right to nerstone of our democracy. Unfortu- diction in terms of determining its vote restored. nately, many citizens have been denied membership and its eligibility. There is no compelling reason, Mr. that basic fundamental right. States Now, would it not just make sense Speaker, for this national policy inter- first limited the right to vote to white for here in the United States of Amer- est to be ignored. We must understand men only with property, excluding ica is the only country in the world why ex-offenders should be denied the women and racial and ethnic minori- that permanently takes away the right right to vote and redress it and reverse ties. to vote from its citizens. In 14 States, it. While the post-Civil War constitu- offenders are barred from ever voting As long as America denies some citi- tional amendments secured the right again, even after serving their time. It zens the most fundamental of demo- to vote for those previously excluded, sounds like something we hear often cratic rights, the right to vote, true de- many States enacted laws designed to about double jeopardy. mocracy cannot exist in silence. When circumvent those amendments by The opinions of ex-offenders are no you silence some, you silence all. erecting new barriers such as the poll less important than that of other citi- We bemoan the low voter participa- tax and other schemes to deny that zens because they are still human tion especially in the African-Amer- basic right to vote. Through the pas- beings. In matters of government ac- ican community where there is no won- sage of the Voting Rights Act of 1965, tion, Supreme Court Justice Thurgood der. A disproportionate number of citi- and other related legislation, we have Marshall recognized that and said ‘‘ex- zens of the African-American commu- eliminated those barriers and expanded offenders are as much affected by ac- nity are in fact disenfranchised in the number of citizens who can partici- tions of government as any other cit- terms of their voting opportunities. pate in this great democracy. izen and have as much right to partici- So, Mr. Speaker, please know that I Here we are today, however, because pate in government decision making.’’ give the gentlewoman from California a significant segment of our population It is estimated that 3.9 million citi- (Ms. MILLENDER-MCDONALD) a standing continues to be left out of the process. zens are barred from voting, including ovation, that I give her the tip of my Specifically, many States maintain more than 1 million who have fully hat for bringing this long overdue issue barriers to voting for former offenders, completed their sentences. How can the before the ears and eyes of America denying them the right to vote in an justice system and States say that an and certainly in the halls of the United election. individual is rehabilitated and worthy States Congress. A recent study by the Sentencing of another chance in society when that I would trust that as we go along and Project and the Human Rights Watch individual is stripped from their voting begin to educate the Members about shows that some 3.9 million Americans rights in government? this injustice that exists, that perhaps are either currently or permanently This goes beyond the denial of indi- they will decide that it will no longer disenfranchised as a result of State vidual voice. The policy has implica- persist, and rectify this situation that laws. Among those who are tions beyond an individual being denied is a bad mark, I believe, on a Western disenfranchised are 1.4 million African- to vote. The origins of voter disenfran- civilization. American men or 13 percent of the chisement can be traced back to medie- I thank the gentlewoman so very total black population of adult men. val times where offenders were ban- much for allowing me to come, and I The disparate impact on black adult ished from the community. It is later praise her highly. men not only denies that group the revived in the segregation era as a sup- Ms. MILLENDER-McDONALD. Mr. right to vote but also limits voter op- posed race-neutral voting restriction to Speaker, the gentlewoman from Indi- position to unfair and discriminatory exclude blacks from voting. ana (Ms. CARSON) is a gracious lady, crime policies which result in so many The practice of barring ex-offenders and I appreciate her coming. The gen- minorities being imprisoned today. from voting has a disproportionate ra- tlewoman kind of hit the nail on the We have to put an end to this cycle of cial impact, even though it may seem head, if you will. We all have been discriminatory crime policy which re- race neutral. Consider that the rate for given second chances. So why not give sults in bad crime policy, resulting in voter disenfranchisement for African- those who have had a mishap through the victims of that policy losing their American men is seven times the na- this penal system a second chance, too, right to vote and then they cannot tional average. Consider that the 1.4 to have a restoration of their voting complain democratically about the dis- million or 13 percent of African-Amer- rights. criminatory policy and new policies ican men are barred from voting. Con- I will be working with the gentle- are enacted. sider that 36 percent of the total woman from Indiana (Ms. CARSON), not I am talking about policies like ra- disenfranchised population is com- only with this issue, but with the issue cial profiling where one picks people prised of African-American men. Clear- of mental health as it absolutely inte- off the street because of their race or ly, the impact of this policy falls dis- grates into this whole issue of incarcer- the crack cocaine-powder cocaine dis- proportionately on our Nation’s black ation. parity where crack cocaine, which is a men. Mr. Speaker, we now have a man who drug of choice in the black community, As a result, the voice of African- has gained enormous respect across one can get 5 years mandatory min- American communities as a whole is this country as we saw him during the imum for a weekend’s worth of crack. weakened. A large segment of our pop- impeachment process. The gentleman Ninety-five percent of the defendants ulation is denied the opportunity to de- from Virginia (Mr. SCOTT) is known to in those cases are African American or cide who will shape public policy, who challenge anyone on this floor when Hispanic, while powder cocaine one has will make our laws that affect all of us. there is an infringement on the Con- to get caught with over $50,000 worth According to the Human Rights stitution. He is highly respected in this before one is subjected to the same Watch, if this current trend continues House because of his constitutional mandatory minimum. Once one is sub- in a dozen or more States, 30 to 40 per- background and expertise. But today jected to that, one cannot complain be- cent of the next generation of black he comes because he questions the Con- cause one loses one’s right to vote. men will be permanently prohibited stitution as we talk about fundamental Now, I applaud the gentlewoman from their right to vote. rights of those who should have those from California (Mrs. MILLENDER- Because the States lack uniformity rights be restored. MCDONALD) and the gentleman from on this matter, the right to vote is de- Mr. Speaker, I yield to the gentleman Michigan (Mr. CONYERS) and the gen- pendent upon geography rather than from Virginia (Mr. SCOTT). tleman from Illinois (Mr. DAVIS) and reason. Some States will reinstate the Mr. SCOTT. Mr. Speaker, I thank the others for their legislation to address right to vote only through a Governor’s gentlewoman from California (Ms. this problem. It is a difficult problem pardon or parole board, while in others MILLENDER-MCDONALD) for her strong because of the constitutional complica- a bill must be enacted to restore the support of this fundamental basic tions. right. right, the right to vote. Article 1 section 2 of the Constitu- Some States like Virginia permit the The right to vote is among the most tion shows where you find the quali- restoration of voting rights. However, cherished rights we enjoy as citizens of fications for electors. Let me just

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.121 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8793 quote what that says: ‘‘the electors in did where only certain States are sub- blessed in this institution with great each State shall have the qualifica- ject to the preclearance provision. legal minds and great minds that care tions requisite for electors of the most Those States were caught discrimi- about equality. numerous Branch of the State Legisla- nating. We identified those States and I support the Civil Participation Re- ture,’’ which means that the electors in affected the remedy just in those habilitation Act of 1999, which would Federal elections are those who can States and not others. grant persons, as the gentlewoman has vote for the local State House of Rep- So we need to have hearings next spelled out, who have been released resentatives. The State gets to decide year and establish the record that we from incarceration, the right to vote in who can vote. all know is true, that felony disenfran- Federal elections. Now, the Federal Constitution in sec- chisement has a disparate impact on The points have been very well made tion 4 says, that the times, places and black adult men, and exists in many by the Members who have spoken al- manner of holding elections for Sen- States because of discriminatory rea- ready. I just want to give a little per- ators and Representatives can be pre- sons. Laying such a foundation will spective from the standpoint of the scribed in each State, but Congress permit us to establish a compelling Committee on Appropriations, on shall be able to make regulations in- State interest for Federal intervention which I serve. I spent some time on the volving the time, place and manner; and permit us to narrowly tailor the Subcommittee on Commerce, Justice, but according to section 2, not the legislation to address the problem. State, and Judiciary, where judges qualifications. That legislation will enable those pres- would come before us for their appro- Now, the 14th amendment and equal ently disenfranchised to fully partici- priation, and we would have the oppor- protection clause says that the States pate in our democracy, and we will be tunity to ask them about issues like cannot discriminate against people as able to craft legislation which could mandatory minimum sentences or they determine the qualifications ex- withstand constitutional challenge. making a Federal offense on certain cept for participation in rebellion or Mr. Speaker, I commend the advo- crimes that really should not have other crime, which says specifically cacy of the gentlewoman from Cali- been raised to that level. that the States may discriminate based fornia, the gentleman from Illinois, This rampage that the Congress on felony records. and others who have called this special seemed to have been on, and not only Now, Richardson v. Ramirez, a 1974 order to expose the compelling issue the Congress but the State of Cali- case recognized that felony disenfran- before us; and even though the solution fornia too, where we have the ‘‘Three chisement law does not on its face vio- may be complicated constitutionally, Strikes You’re Out,’’ and mandatory late the Constitution, and so we are we can work, because we must, to ad- minimum sentences, etcetera, where somewhat limited in what we can do. dress this problem, and we must sup- we have had these sentences which go But the vote to determine voter quali- port our basic fundamental constitu- beyond a year and a day and, therefore, fications is not unlimited. tional rights to vote. are considered a felony, we have so Rogers v. Lodge, 1982, held that at- I thank the gentlewoman from Cali- many people now who run the risk of large electoral systems are unconstitu- fornia. being disenfranchised. tional if conceived or operated as pur- Ms. MILLENDER-MCDONALD. My This denying voting rights to ex-of- poseful devices to further racial dis- God, you have done well by my spirit fenders is inconsistent with the twin crimination by minimizing, cancelling and by my soul. I will certainly call on values of democracy and rehabilita- out, or diluting the voting strength of the gentleman as we engage further in tion. Felony voting restrictions only racial elements in a voting population. hearings, because the gentleman has serve to alienate and isolate individ- given some compelling arguments with uals from civil society. Americans be- b 1700 the cases that he has outlined that sug- lieve in rehabilitation, that if a debt to Now, the court identified a number of gest to me that we can perhaps fight society is paid, there is no longer a considerations. The presence of ra- this, and we will do just that as we go debt. Why then should we not have a cially polarized voting, the impact of around this country hearing from folks universal Second Chance Voting Rights past discrimination on the ability of and hearing what they have to say in Act so that people all have a stake in African Americans to participate, the terms of discriminatory practices and America’s future? lack of responsiveness to the African then challenge even States and their Our colleague from Virginia has men- American community, the depressed attorneys general so that we can then tioned the number of African American socioeconomic status of African Ameri- fight this on this floor. men, that there are estimates that 1.4 cans can all be considered. And con- I thank the gentleman so much. I million African American men, or 13 sistent with that, in Hunter v. Under- told my colleagues that he was a schol- percent of the total population of black wood, a 1985 case, the Supreme Court ar in his constitutional knowledge and, adult men, have been disenfranchised determined that Alabama’s felony dis- indeed, he has reflected that today. either currently or permanently enfranchisement law, in fact, violated We have with us another great lady disenfranchised as a result of State fel- the Equal Protection Clause of the 14th from the great State of California, who ony voting laws. This is outrageous. amendment because ‘‘Discriminating in her own right has worked in this This is outrageous. We have a chance against black as well as poor whites House on numerous issues, but what here to do something about it. was a motivating factor for the law.’’ she has been so noted for is her fight And while I am at it, I have talked Thus, the standard becomes clear. for women and children, for funding for about people paying their dues to soci- Any Federal legislation on this topic women’s health and for the HIV/AIDS ety and the mandatory minimum sen- must be supported by specific evidence epidemic in minority communities. tences which elevate some of these of- in the record as to the discriminatory Those of us who are people of color fenses to felonies; but, in conclusion, I intent of each State’s statute, similar cannot say enough of this woman, who want to make one other point. We do to the evidence gathered when we may not be a person of color, but she is not have equal representation for all passed the Voting Rights Act. Findings a person of conscience. the people in our society when they are which just show a possible dispropor- Mr. Speaker, I would like to yield to accused of a crime. It simply does not tionate impact may not be enough. But none other than the gentlewoman from happen. It comes into play when we certainly if we can find intent in those California (Ms. PELOSI). California has talk about the death penalty, which is State laws, we can develop legislation. brought us one of its finest, and I a different issue; but when we have ev- This means that in States that have no thank her so much. eryone having the same caliber of legal minority population, we probably can- Ms. PELOSI. I thank the gentle- representation, then we can talk about not show that those laws were affected woman so very much. I thank her for everyone having the same risk in terms to discriminate against minorities, but her great leadership and that of the of where penalties are concerned. we should have a hearing record to gentleman from Illinois (Mr. DAVIS) So where we have a situation where show which States in fact do. And we and the gentleman from Michigan (Mr. Congress is interested in making some can target our remedy just to those CONYERS) and the gentleman from Vir- offenses felonies, by either making the States, just like the Voting Rights Act ginia (Mr. SCOTT). We have been sentence a year and a day, or we have

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.123 pfrm01 PsN: H04PT1 H8794 CONGRESSIONAL RECORD — HOUSE October 4, 2000 the situation where young people sim- As I said, the gentlewoman from tunity for the offenders to be whole ply do not know about the ‘‘Three California may not be a woman of again. Strikes You’re Out,’’ the mandatory color, but she is a woman of con- Forty-six States and the District minimums, the risks they take in mak- science. deny convicted adults in prison the ing mistakes when they are very Well, Mr. Speaker, now we have a right to vote; 32 States disenfranchise young, they cannot afford to pay for woman of color who once was a pros- felons on parole; 29 disenfranchise the kind of representation that some- ecutor and a judge out of the great those on probation; and 14 bar ex-of- body else, who might get off because State of Ohio. She has come in and put fenders for life. We have already gone they had a much better lawyer, gets. her paw prints on this place in such a through the statistics. Think about it Also, there is an interest on the part short time. She has gone around this like this. My predecessors died for me of prosecutors sometimes for a plea, country talking about predatory lend- to have the right to vote. What that and people with information have a ing. did was it not only gave people the plea. Lots of times these kids have no As her predecessor said, the gentle- right to vote, but it gave them the op- information. Lots of times they just woman from Ohio (Mrs. JONES) is some- portunity to be heard, and it also made got caught with a small amount of a one she knew was going to come in like them responsible citizens in their com- drug. They do not have information, so a strike of lightning, and she has done munity. they go to jail. Somebody higher up, just that. With her experience in the By disenfranchising so many people who has information, can plea, can af- courts, with her experience in other in our communities, particularly dis- ford better representation; and these areas of the justice system, she has proportionately African Americans, we kids, again, are the ones who go to jail, certainly served us well even in her disenfranchise a Nation, a generation lose their right to vote. Even after short time. of young people whose parents will not they pay their debt to society, they I thank the gentlewoman so much for know about voting. So how can they may not be able to vote. being with us tonight. take their children to the ballot box if So I thank the gentlewoman for Mrs. JONES of Ohio. Mr. Speaker, I they have not had the right to vote? If doing this. It is so fundamental to our am pleased to join the gentlewoman we want the people to believe that they democracy that everyone have a stake from California (Ms. MILLENDER- have a part in this society, that they in it; that everyone be able to fully MCDONALD) this afternoon in the spe- participate. We cannot say to young are useful in this society, we need to cial order, as well as my colleagues, give them the opportunity and the people who have made a mistake that the gentleman from Illinois (Mr. they are going to pay for it forever in right to vote so that they can then act DAVIS), the gentlewoman from Cali- terms of their full enfranchisement as responsibly and go out and vote. fornia (Ms. PELOSI), and the gentleman a citizen in our country. Certainly as Some will argue this legislation from Virginia (Mr. SCOTT). I am makes legislators soft on crime. Non- long as we are a country where rep- pleased to stand and rise in support of resentation is unequal as far as rep- sense. Legislation like Second Chance the special order with regard to H.R. resentation in the courts, we cannot and Civic Participation make legisla- 5158, Second Chance Voting Rights Act have these, shall we say, capital pun- tors not soft on crime but strong on de- of 2000 and H.R. 906, Civic Participation ishments, as far as voting is concerned. mocracies. Others are concerned that So I thank the gentlewoman for what and Rehabilitation Act of 1999. victims and ex-felons might determine It is interesting that while voter reg- she is doing from the perspective of my election outcomes, particularly where istration drives move at full speed, and district and from the perspective as a local sheriffs and judges have run while campaign speeches are given to proprietor who has heard over and over tough-on-crime campaigns. Nonsense. and over from the judges, please, stop, varying constituencies, one group is Voting is a right that comes with citi- Congress, from making all these man- still left out. We always say, ‘‘It is zenship. Let us give it back. datory minimum sentences. Give us your vote that is your voice. If you do Why do I support both these pieces of some discretion. Stop federalizing not vote, you do not have a voice.’’ The legislation? Because participation aids these offenses. That takes us down a people without a voice today are those in rehabilitation and public confidence. path which is exacerbated by the dis- in the States wherein convicted felons Ex-offenders have served their time; let enfranchisement that you are trying to who have completed their time in jail us not punish them forever. And felony correct here. or who are off of parole do not have the voting restrictions have strong racial So I commend the gentlewoman and right to vote. That is why I am proud overtones, since African Americans are the gentleman from Illinois (Mr. to stand in support of both of these disproportionately represented in the DAVIS), the gentleman from Michigan bills, and I urge my colleagues to do criminal justice system. the same. (Mr. CONYERS), our distinguished rank- b 1715 ing member on the Committee on the Think about it. America was founded Judiciary; and I am pleased to join all as a second chance; a second chance for We must do better. If we are discour- my colleagues, the gentleman from freedom, a second chance away from aged about low voting participation Virginia (Mr. SCOTT) and the distin- religious persecution. Why then are we from the general public, let us do some- guished gentlewoman from Ohio (Mrs. stripping rights from people who have thing positive about it. Let us give ex- JONES), as well as our colleague, the served their time, paid their debt to so- offenders a new chance, a second gentlewoman from Texas (Ms. JACK- ciety and now want a second chance? chance, a new start to start their life, SON-LEE), who I know will be speaking We must remember that this Nation liberty and the pursuit of happiness. as well, and so many Members who stood up when it granted women the We must clear up this stain on our have spoken on this issue today. right to vote. This Nation stood up Nation and support both of these pieces I thank all my colleagues for their over 2 decades ago when African Amer- of legislation. leadership. We are all in your debt. icans were disenfranchised by Jim Let me finally close with a couple of Ms. MILLENDER-MCDONALD. I Crow, by all the poll taxes, all the lit- anecdotes. thank the gentlewoman so much. The eracy tests, and recognized that dis- When I served as a judge and people gentlewoman has touched on an issue enfranchisement runs counter to our I had placed on probation completed that we certainly will be looking at as democratic ideals of freedom, justice, their probation and were sent out in we probe into this whole notion of dis- and liberty. the world, they were discouraged be- criminatory practices when it comes to In the United States, felony convic- cause they could not get a job, they voting rights, especially for those who tions bring civil consequences. We all were discouraged because they did not have served their debt to society, and know that. Offenders may lose the have a right to vote, they were discour- one is mandatory sentencing. We really right to vote, sit on juries, hold offices, aged because they could not get a li- need to see how that plays into the in- and obtain various licenses. The prob- cense. We must give these persons an ability of one having to have the res- lem is that these penalties continue opportunity to become useful citizens toration of their voting rights. So that long after the sentence is served and in our community. is one thing we will look at critically long after the debt is paid. Let us give Think about it like this: Right now as we move into venues with hearings. those rights back to give an oppor- on the TV on the Divorce Court, we

VerDate 02-OCT-2000 02:11 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.125 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8795 have a young judge who was a juvenile Let me applaud some of the work This situation in Texas and in many other offender. He turned his life around. He that has been done in the State of parts of the country is fundamentally wrong. is a shining example of young people Texas which is now working to indicate Citizens should not be deprived of the right to who can turn their lives around when to those ex-felons who have done their vote once they have paid their debt to society aided and supported and make a dif- time that they can be re-enfranchised. in full. ference in our society. This is a key element of what we are Allow me to share with you that in Texas I Support the right thing. Support a trying do on the Federal level. am coordinating with Yvonne Davis and Terry second chance. Support H.R. 5158 and Last evening about 75 to 80 million Hodge, Texas state representatives and mem- H.R. 906. people listened to the Presidential de- bers of the Texas Legislative Black Caucus, Mr. Speaker, I thank the gentle- bates, as they will listen over the next an effort to reach out to individuals who have woman from California (Ms. couple of days. I would simply say that been released from incarceration. The effort MILLENDER-MCDONALD) for her leader- they are privileged to not only listen, will involve enlisting voter education groups to ship on this issue and I would ask all but they are privileged to vote. reach out to these individuals and public serv- my colleagues to join in the leadership Why would we extinguish the valu- ice announcements to encourage these indi- team and vote in favor in support of able human capital of young people in viduals to register and to vote on November these pieces of legislation. our community, of individuals who 7th. This effort was launched in early August. Ms. MILLENDER-MCDONALD. Mr. made a mistake when they were young It will remind individuals that although they lost Speaker, I thank the gentlewoman for and have paid their dues, why would we many of their rights while incarcerated, they her comments. I think she made a very extinguish their right to vote? are again full-fledged Americans who have the telling statement when she says pen- And so, I think that we must look to same rights as their fellow citizens to help alties last long after probationary peri- this Federal legislation because I be- elect leaders who will shape the future direc- ods. What a telling statement that is. lieve there are only about 20 States tion of this country. I am told I have a shorter period of that automatically restore the right to Ms. MILLENDER-MCDONALD. Mr. Speaker, time than I thought I had, and so I will vote. And, therefore, this Second the 14th Amendment to the Constitution of the give the remainder of the 5 minutes Chance Voting Rights Act of 2000 is to United States guarantees every American cit- that I have to an outstanding young re-enfranchise our brothers, our sis- izen the right to vote. When our country was woman who hails from the great State ters, mothers, fathers and others. of Texas, who everyone knows in my Mr. Speaker, I want to thank the founded, the right to vote was preserved for State because of the absolutely ster- gentlewoman from California for lead- white men and property owners. It took the ling presentation she did during the ing on this special order, not only to women's suffrage movement to enfranchise impeachment. educate but to help us legislate free- women and the Civil Rights Movement to fully Mr. Speaker, I yield to the gentle- dom. Freedom is not easy. It is not enfranchise African-Americans and other peo- woman from Texas (Ms. JACKSON-LEE). cheap. Let us not deny those Ameri- ple of color in this country. In the words of Ms. JACKSON-LEE of Texas. Mr. cans who have now come forward and Susan B. Anthony, ``we the people'' were not Speaker, I thank the gentlewoman say, I know that I did not do right, but just the select few but ``we,'' the whole people, from California for her leadership. I have paid the time. Let us enfran- including all of us, formed this Union. Mr. Speaker, I rise to join with my chise them. Today, we have awakened to a new chal- colleagues on reemphasizing to the Ms. MILLENDER-MCDONALD. Mr. lenge for this RepublicÐrestoring the voting American people and to our House col- Speaker, I thank the gentlewoman for rights of men and women who committed leagues and to the other body the im- her comments. crimes but have paid their debt to society. portance of H.R. 5158, Second Chance Mr. Speaker, I yield to the gentle- While the Constitution takes away the voting Voting Rights of 2000, and H.R. 906, the woman from the State of Texas (Ms. rights of individuals convicted of serious Civic Participation and Rehabilitation EDDIE BERNICE JOHNSON). crimes, the States are given the power to re- Act of 1999 offered by the gentleman Ms. EDDIE BERNICE JOHNSON of store this right. Through our criminal justice from Michigan (Mr. CONYERS). Texas. Mr. Speaker, I want to express system, hundreds of thousands of men and I know that we have heard these my appreciation to the leadership and women have been politically disenfranchisedÐ numbers, but might I, Mr. Speaker, for the bill that has been introduced many of whom are poor and minority and who emphasize again that 3.9 million Amer- for this subject because I think that it committed nonviolent crimes. Many of these icans, or one in 50 adults, currently is of high priority. individuals have paid their debt to society. cannot vote because of a felony convic- Mr. Speaker, today I became a cosponsor Some States have restored their right to vote tion. of H.R. 5158, the Second Chance Voting automatically while others hold this right hos- Now, as a member of the House Com- Rights Act of 2000. The legislation, authored tage to politics. mittee on the Judiciary, I think it is by my colleague Representative JUANITA Laws governing the restoration of voting important for the American public to MILLENDER-MCDONALD, would automatically re- rights after a felony conviction are unequal realize that we, too, uphold the Con- store federal voting rights to any formerly in- throughout the country. Persons in some stitution and believe in its tenets, and carcerated person upon the unconditional re- States can easily regain their voting rights that is the value of the right to vote, lease of that individual from incarceration and while in other States persons effectively lose the value of democracy, but we also re- completion of their sentence, including parole. their right to vote permanently. alize that juxtaposed alongside of the This legislation is necessary because thou- Two States do not disenfranchise felons at Constitution are a myriad of State sands of ex-offenders are denied the funda- all. criminal statutes that make our coun- mental right to vote. Under the Constitution, Forty-six States and the District of Columbia try a country of laws governed by the states have the authority to deny the right to have disenfranchisement laws that deprive people. We understand that. vote to an individual who is imprisoned and to convicted offenders of the right to vote while But in this time of great necessity of restore that right once a person is released. they are in prison. human capital, the great need for Many states automatically return the right to In thirty-two States, convicted offenders may human capital, is it not shameful that vote once the former prisoner's sentence has not vote while they are on parole. we waste those individuals who have been completed. However, some states re- In twenty-nine States probationers may not dutifully paid back to society for what quire prisoners to meet certain procedural re- vote. they have done? quirements to have their voting rights restored, Fourteen States disenfranchise ex-offenders I would hope that people would un- and a few go as far as requiring a ``pardon'' who have fully served their sentences, no mat- derstand or that, as we are partici- for voting rights to be restored. In my own ter the nature or seriousness of the offense. pating in this discussion, that all who state of Texas, the right to vote is not restored Seventeen States require gubernatorial par- are listening would understand that until two years after the prisoner receives a don, legislative action, or administrative proce- what we are talking about are individ- certificate of discharge, two years after com- dures to restore the right to vote. uals who have in fact paid back their pleting probation, or by pardon. In other State disenfranchisement laws dispropor- time, and yet they cannot be allowed words, former prisoners in Texas do not share tionately affect the poor and ethnic minorities. to vote. They cannot vote in Federal in the basic rights that other Texans enjoy be- They are more likely to be arrested, charged elections, and many times they cannot cause they must wait two years before regain- more harshly, poorly represented in court, vote in our State elections. ing their voting rights. convicted and receive harsher sentences.

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00053 Fmt 4634 Sfmt 9920 E:\CR\FM\K04OC7.127 pfrm01 PsN: H04PT1 H8796 CONGRESSIONAL RECORD — HOUSE October 4, 2000 Whether we like these people, whether we House, the gentleman from Pennsyl- So let us get together, let us work to- want to know them personally, or whether we vania (Mr. MASCARA) is recognized for 5 gether and pass a piece of legislation want to share private lives with them, they are minutes. that will help our seniors. part of the ``whole people'' of America. They Mr. MASCARA. Mr. Speaker, my wife f deserve a second chance to vote. Dolores and I have spoken on many oc- Consider these statistics: casions about the need to pass a pre- RURAL AMERICA An estimated 3,900,000 Americans, or one scription drug bill. The SPEAKER pro tempore. Under a in fifty adults, currently cannot vote because of Some of our friends back in south- previous order of the House, the gen- a felony conviction. Women represent about a west Pennsylvania are affected by the tleman from Pennsylvania (Mr. PETER- half million of this total. lack of coverage. I come to the floor to SON) is recognized for 5 minutes. Three-fourths (73%) of the 3,900,000 dis- express my deep concern regarding the Mr. PETERSON of Pennsylvania. Mr. qualified voters are not in prison, but are on continued lack of prescription drug Speaker, I rise today to talk about probation, parole or are ex-offenders. coverage for many of our Nation’s sen- rural America. Over the last decade alone, over 560,000 iors. Sometimes I think it is the forgotten Americans served their entire sentence, stand I recently received a letter from a part of America. Having lived my en- free and clear of incarceration and parole and constituent who worked his entire life tire life there, I think it is the heart have paid their debt to society. An estimated in a blue collar job. He retired on a and soul of America. In my view, it is 65,000 of these Americans are women. And, small nest egg and his monthly Social the part of this country where basic they cannot vote in some States. values are still important, where peo- Today, you will hear from fellow Members of Security check. Although his health is ple believe they work hard for a day’s Congress who believe firmly that those individ- relatively good, he still spends over 40 pay and they are willing to do their uals who have committed crimes, paid their percent of his income on health care fair share, they do not want a free debt to society, and been released free and costs, including a monthly prescription clear should be allowed to vote. This may drug bill that is over $400 a month. Un- lunch. But as we look at the history in the seem like a radical proposition, but it is not. It fortunately, he does not have prescrip- is fundamentally consistent with the principles tion drug insurance and every month last 8 years, and we will start with ag- we live by in this countryÐwhen you pay your he is forced to cut back on food and riculture, in the times of unparalleled debt to society by spending time in prison, medicine. prosperity, the finest economy Amer- your punishment is complete. At that point, our I assure my colleagues he is not ica has ever had, agriculture is strug- society releases you back into society and ex- alone. The AARP estimates that the gling to even exist. pects you to be rehabilitated socially with fam- average out-of-pocket prescription cost Family farms are leaving all parts of ily, friends, and community, and economically for seniors is $349 per month. Of the America. In my part of Pennsylvania, with jobs. It is time now to pay attention to nearly 40 million people on Medicare, we have been watching that and they your civic rehabilitation. one-third have no prescription drug grow up into rag weed and other weeds Minority and poor people are over-rep- coverage and 20 percent have coverage for a few years and then they become resented in these numbers. Tonight, you will that does not last the full year. brush and then they grow back to for- hear from your colleagues why we need to en- In other words, millions of seniors ests. franchise all these women and men. I have in- are suffering in ways that are morally How could agriculture not flourish troduced H.R. 5158, the Second Chance Vot- wrong, especially for such a wealthy when our economy is so strong? We ing Rights Act of 2000, to do just that. Others and caring Nation. have had a Clinton-Gore administra- like my friends and colleagues Representative How can we turn our backs on our tion that has not kept their promise to JOHN CONYERS and Representative DANNY seniors? American farmers. They promised to DAVIS also have introduced legislation to en- To paraphrase the late Senator Hu- open world markets. We have unparal- franchise these Americans. You will hear from bert Humphrey, the true moral test of leled ability in this country to produce them now. a government is how it treats those food and fiber. But without world mar- Representative DANNY DAVIS; Representa- that are in the dawn of life, our chil- kets, there is no place to sell their tive JULIA CARSON; Representative STEPHANIE dren, those who are in the twilight of products. TUBBS JONES; Representative NANCY PELOSI life, our elderly, and those who are in Farm products have never been (maybe); Representative BOBBY SCOTT; Rep- the shadows of life, the sick, the dis- cheaper. Agriculture products have resentative SHEILA JACKSON-LEE; and Rep- abled, and the less fortunate. never been at a lower value. And it is resentative EDDIE BERNICE JOHNSON; for unan- The elderly and the sick and the dis- almost impossible for so many of our imous consent. abled should not have to make the ter- farmers to pay the bills. So agriculture The last day to register is coming up soon. rible choice between food and medi- has had a bad 8 years during Clinton- Every person who is not registered should cine. Gore, and I do not think we can stand check with your county registrar of voters and In that vein, last year I introduced H. 8 more. We need a leader in this coun- make sure you get registered. I want to en- Con. Res. 152, which called upon Con- try that will open our markets and courage all Americans of every political per- gress to pass meaningful legislation help agriculture to be profitable once suasion to register and vote on election day, that would give all seniors prescription again. November 7. I particularly want to encourage drug coverage. Energy, the issue that is in the pock- ex-offenders who live in States that have re- I am sure my colleagues here in the etbooks of all Americans. We are going stored their voting rights automatically to reg- House are aware of the enormity of to have a winter this year where the ister and vote. These States are: California; this issue. I am sure they know that poorest of Americans will pay in some Colorado; District of Columbia; Hawaii; Idaho; upwards of 13 million seniors in this places twice as much for their home Illinois; Indiana; Kansas; Maine; Massachu- Nation are without any kind of pre- heating fuel as they paid last year. setts; Michigan; Montana; New York; North scription drug benefit and that over How did that happen? How did we go Dakota; Ohio; Oregon; and Pennsylvania. one-third of those currently on Medi- from $10 oil to $35 oil in less than 18 In our great representative democracy, we care have no outpatient drug benefit. months? It is because this leadership of must not deny anyone who is eligible to vote; Seniors are asking for a real drug the Clinton-Gore administration had even those who have paid their debts to soci- benefit package. We need a reordering no energy policy. They were drunk on ety not be given this fundamental right. Remember. Every vote counts and your of priorities. During a period in our cheap oil. They paid no attention to vote can make a difference. Register to vote history when we are experiencing un- the oil patches of this country and the by October 8 and vote on November 7. precedented budget surpluses, we need other energy resources of this country, Mr. Speaker, again, thanks to all of to include a prescription drug plan that and they allowed them to slowly go out the Members who have come tonight. will cover all seniors and it should be of business. f through the Medicare program, not During this administration, our de- through HMOs or private insurance pendency has gone from 36 percent to PRESCRIPTION DRUG BILL companies who have failed miserably 56 percent oil not from our friends, not The SPEAKER pro tempore (Mr. in the delivery of health care in this from our neighbors in many cases, but ISAKSON). Under a previous order of the country. from unstable parts of the world who

VerDate 02-OCT-2000 02:11 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.129 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8797 care nothing about our economic fu- RECESS Mr. BROWN of Ohio, for 5 minutes, ture. The SPEAKER pro tempore (Mr. today. And today, the policies of this admin- E AZIO ISAKSON). Pursuant to clause 12 of rule Mr. D F , for 5 minutes, today. istration have put us in a position I, the Chair declares the House in re- Mr. CLAY, for 5 minutes, today. where we could be paying $45 for oil be- ALLONE cess subject to the call of the Chair. Mr. P , for 5 minutes, today. fore the year is over. And we all know Mr. MASCARA, for 5 minutes, today. Accordingly (at 5 o’clock and 31 min- what that will do to home heating, cost Mr. UNDERWOOD, for 5 minutes, today. utes p.m.), the House stood in recess of trucking, cost of driving our vehi- Mr. GREEN of Texas, for 5 minutes, subject to the call of the Chair. cles. today. A lack of an energy policy of the f Mrs. MALONEY of New York, for 5 Clinton-Gore administration has been b 1850 minutes, today. devastating to rural America. Because (The following Members (at the re- not only do we consume it, that is AFTER RECESS quest of Mr. KUYKENDALL) to revise and where we produce it. The recess having expired, the House extend their remarks and include ex- The timber industry. In the West, we was called to order by the Speaker pro traneous material:) have great softwoods. In the eastern tempore (Mr. DREIER) at 6 o’clock and Mr. METCALF, for 5 minutes, today part of the United States, we have the 50 minutes p.m. and October 5. finest hardwoods forests in the world. f Mr. PETERSON of Pennsylvania, for 5 My district has one of the finest hard- minutes, today and October 5 and 6. wood forests in America. But again we REPORT ON RESOLUTION PRO- Mr. SMITH of Michigan, for 5 minutes, have watched Clinton-Gore policies VIDING FOR CONSIDERATION OF today and October 5, 10, and 11. that have tried to stop all timbering on H.R. 2941, LAS CIENEGAS NA- Mr. DUNCAN, for 5 minutes, today. public lands. TIONAL CONSERVATION AREA (The following Members (at their own Someone might say, well, that ESTABLISHMENT ACT OF 1999 request) to revise and extend their re- sounds good. But you know the Federal Mr. GOSS, from the Committee on marks and include extraneous mate- Government owns a third of America. Rules, submitted a privileged report rial:) When we add the State governments in, (Rept. No. 106–935) on the resolution (H. Ms. JACKSON-LEE of Texas, for 5 min- we are at about 44 or 45 percent of pub- Res. 610) providing for consideration of utes, today. lic ownership. And when we add local the bill (H.R. 2941) to establish the Los Mrs. CLAYTON, for 5 minutes, today. governments in, we are approaching Cienegas National Conservation Area Mrs. KELLY, for 5 minutes, today. half of America is owned by govern- in the State of Arizona, which was re- Mr. YOUNG of Alaska, for 5 minutes, ment. ferred to the House Calendar and or- today. So government policies from an ad- dered to be printed. f ministration have an awful lot to do f with whether we practice good forestry SENATE BILL AND CONCURRENT and whether we are able to timber. REPORT ON RESOLUTION PRO- RESOLUTIONS REFERRED Timber is a natural resource and it is VIDING FOR CONSIDERATION OF A bill and concurrent resolutions of a resource that replenishes itself. You S. 2311, RYAN WHITE CARE ACT the Senate of the following titles were could have good forestry practice on AMENDMENTS OF 2000 taken from the Speaker’s table and, the land forever and it will continue to Mr. GOSS, from the Committee on under the rule, referred as follows: grow fine quality timber that we use to Rules, submitted a privileged report S. 2440. An act to amend title 49, United build our homes, make our paper, and (Rept. No. 106–936) on the resolution (H. States Code, to improve airport security; to all the things we sort of take for grant- the Committee on Transportation and Infra- Res. 611) providing for consideration of ed. structure. the Senate bill (S. 2311) to revise and S. Con. Res. 60. Concurrent resolution ex- b 1730 extend the Ryan White CARE Act pro- pressing the sense of Congress that a com- I am told we are approaching 50 per- grams under title XXVI of the Public memorative postage stamp should be issued cent on the importation now of Health Service Act, to improve access in honor of the U.S.S. Wisconsin and all those softwoods in this country because we to health care and quality of care who serve aboard her; to the Committee on have had a policy that opposes cutting under such programs, and to provide Government Reform. for the development of increased capac- S. Con. Res. 70. Concurrent resolution re- timber. questing that the United States Postal Serv- Public land ownership I have talked ity to provide health care and related ice issue a commemorative postage stamp about. When a huge part of a State and support services to individuals and honoring the national veterans service orga- much of rural America, that is where families with HIV disease, and for nizations of the United States; to the Com- they own, in rural America, when you other purposes, which was referred to mittee on Government Reform. have public policy changes, you have a the House Calendar and ordered to be S. Con. Res. 141. Concurrent resolution to huge impact on the rural economies; printed. authorize the printing of copies of the publi- cation entitled ‘‘The United States Capitol’’ when you no longer allow grazing; f as a Senate document; to the Committee on when you no longer allow mining; when House Administration. you no longer allow timbering. Much of LEAVE OF ABSENCE f our land was purchased with a promise By unanimous consent, leave of ab- that it would be multi-use, it would be sence was granted to: ENROLLED BILL SIGNED for recreation, it would be for natural Mr. HEFLEY (at the request of Mr. Mr. THOMAS, from the Committee resource supply. Today, that promise ARMEY) for today and October 5 on ac- on House Administration, reported has been broken. count of illness. that that committee had examined and While we own all this land, our Na- Mr. BACA (at the request of Mr. GEP- found truly enrolled a bill of the House tional Park Service and our Forest HARDT) for today on account of a fam- of following title, which was thereupon Service facilities, our Bureau of Land ily illness. signed by the Speaker. Management facilities and our Fish f H.R. 4365. An act to amend the Public and Wildlife Service facilities have SPECIAL ORDERS GRANTED Health Service Act with respect to children’s never been in greater disrepair, because health. we are on a land-buying grab. We are in By unanimous consent, permission to f the process of buying land and not address the House, following the legis- maintaining the land we have. Many of lative program and any special orders SENATE ENROLLED BILL SIGNED these things and many more are the heretofore entered, was granted to: The SPEAKER announced his signa- reasons why rural America has not (The following Members (at the re- ture to an enrolled bill of the Senate of prospered under this administration, quest of Mr. DIXON) to revise and ex- the following title: and it needs new leadership in Wash- tend their remarks and include extra- S. 302. An act for the relief of Kerantha ington if it is to survive. neous material:) Poole-Christian.

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K04OC7.131 pfrm01 PsN: H04PT1 H8798 CONGRESSIONAL RECORD — HOUSE October 4, 2000 BILLS PRESENTED TO THE Quality Implementation Plans; Virginia; Re- 10452. A letter from the Commissioner, So- PRESIDENT vised 15% Plan for Northern Virginia Portion cial Security Administration, transmitting a of the Metropolitan Washington, D.C. Ozone copy of the strategic plan entitled, ‘‘Mas- Mr. THOMAS, from the Committee Nonattainment Area [VA088–5051a; FRL– tering the Challenge’’; to the Committee on on House Administration, reported 6880–8] received October 4, 2000, pursuant to 5 Government Reform. that that committee did on the fol- U.S.C. 801(a)(1)(A); to the Committee on 10453. A letter from the Director, Policy lowing date present to the President, Commerce. Directives and Instructions Branch, Immi- for his approval, bills of the House of 10441. A letter from the Chief, Office of gration and Naturalization Service, Depart- Plans and Policy, Federal Communications the following titles: ment of Justice, transmitting the Depart- Commission, transmitting the Commission’s ment’s final rule—Landing Requirements for On October 3, 2000: final rule—Compatibility Between Cable Passengers Arriving From Cuba [INS No. H.R. 4115. To authorize appropriations for Systems And Consumer Electrontics Equip- 2045–00] (RIN: 1115–AF72) received October 3, the United States Holocaust Memorial Mu- ment [PP Docket No. 00–67] received October 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the seum, and for other purposes. 2, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to Committee on the Judiciary. H.R. 3363. For the relief of Akal Security, the Committee on Commerce. 10454. A letter from the Director, Office of Incorporated. 10442. A letter from the Office of Congres- Congressional Affairs, Nuclear Regulatory H.R. 4931. To provide for the training or sional Affairs, Nuclear Regulatory Commis- Agency, transmitting the Agency’s final orientation of individuals, during a Presi- sion, transmitting the Commission’s final rule—Adjustment of Civil Penalties for Infla- dential transition, who the President intends rule—Domestic Licensing of Special Nuclear tion Miscellaneous Administrative Changes to appoint to certain key positions, to pro- Material; Possession of a Critical Mass of (RIN: 3150–AG59) received October 4, 2000, vide for a study and report on improving the Special Nuclear Material (RIN: 3150–AF22) pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- financial disclosure process for certain Presi- received September 20, 2000, pursuant to 5 mittee on the Judiciary. dential nominees, and for other purposes. U.S.C. 801(a)(1)(A); to the Committee on 10455. A letter from the the Assistant Sec- H.R. 5193. To amend the National Housing Commerce. retary of the Army, the Department of De- Act to temporarily extend the applicability 10443. A letter from the Director, Inter- fense, transmitting a notification from the of the downpayment simplification provi- national Cooperation, Office of the Under Secretary of the Army supporting the au- Secretary of Defense, Department of De- sions for the FHA single family housing thorization and, subject to the Sacramento fense, transmitting a copy of Transmittal mortgage insurance program. Area Flood Control Agency adopting and en- No. 13–00 which constitutes a Request for f forcing measures which would preserve the Final Approval for the project arrangement project’s level of flood protection, plans to with Australia concerning Advanced Arma- ADJOURNMENT implement the South Sacramento County ment Technologies (‘‘Metal Storm Project’’), Streams through the normal budget process; Mr. GOSS. Mr. Speaker, I move that pursuant to 22 U.S.C. 2767(f); to the Com- (H. Doc. No. 106—298); to the Committee on the House do now adjourn. mittee on International Relations. 10444. A letter from the Assistant Sec- Transportation and Infrastructure and or- The motion was agreed to; accord- dered to be printed. ingly (at 6 o’clock and 51 minutes retary for Legislative Affairs, Department of State, transmitting certification of a pro- 10456. A letter from the Program Analyst, p.m.), the House adjourned until to- posed license for the export of defense arti- FAA, Department of Transportation, trans- morrow, Thursday, October 5, 2000, at cles or defense services sold commercially mitting the Department’s final rule—Air 10 a.m. under a contract to the United Kingdom Tour Operators in the State of Hawaii [Dock- et No. 27919; Special Federal Aviation Regu- f [Transmittal No. DTC 113–00], pursuant to 22 U.S.C. 2776(c); to the Committee on Inter- lation (SFAR 71) (RIN: 2120–AG–44) received EXECUTIVE COMMUNICATIONS, national Relations. September 28, 2000, pursuant to 5 U.S.C. ETC. 10445. A letter from the Assistant Sec- 801(a)(1)(A); to the Committee on Transpor- retary for Legislative Affairs, Department of tation and Infrastructure. Under clause 8 of rule XII, executive State, transmitting certification of a pro- 10457. A letter from the Deputy Associate communications were taken from the posed Manufacturing License Agreement Administrator, Environmental Protection Speaker’s table and referred as follows: with Japan [Transmittal No. DTC 117–00], Agency, transmitting the Agency’s final rule—Identification of Approved and Dis- 10436. A letter from the Assistant General pursuant to 22 U.S.C. 2776(d); to the Com- approved Elements of the Great Lakes Guid- Counsel for Regulations, Department of mittee on International Relations. ance Submission From the State of New Housing and Urban Development, transmit- 10446. A letter from the Assistant Sec- York, and Final Rule [FRL–6881–9]—received ting the Department’s ‘‘Major’’ final rule— retary for Legislative Affairs, Department of October 4, 2000, pursuant to 5 U.S.C. Fair Market Rents: Increased Fair Market State, transmitting certification of a pro- 801(a)(1)(A); to the Committee on Transpor- Rents and Higher Payment Standards for posed license for the export of defense arti- cles or defense services sold commercially tation and Infrastructure. Certain Areas [Docket No. FR 4606–1–01] under a contract to Japan [Transmittal No. 10458. A letter from the Associate Adminis- (RIN: 2501–AC75) received October 2, 2000, DTC 096–00], pursuant to 5 U.S.C. 801(a)(1)(A); trator for Procurement, National Aero- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to the Committee on International Rela- nautics and Space Administration, transmit- mittee on Banking and Financial Services. tions. ting the Administration’s final rule—amend- 10437. A letter from the Executive Director, 10447. A letter from the Director, Federal ing the NASA Federal Acquisition Regula- Emergency Oil and Gas Guaranteed Loan Emergency Management Agency, transmit- tion Supplement (NFS) to conform to Board, transmitting the Board’s final rule— ting the revised Strategic Plan FY 2000 changes made in the Federal Acquisition Emergency Oil and Gas Guaranteed Loan Through FY 2006; to the Committee on Gov- Regulation (FAR) by Federal Acquisition Program; Financial Statements (RIN: 3003– ernment Reform. Circular (FAC) 97–19 and make editorial cor- ZA00) received October 2, 2000, pursuant to 5 10448. A letter from the Chairman and Gen- rections and miscellaneous changes dealing U.S.C. 801(a)(1)(A); to the Committee on eral Counsel, National Labor Relations with NASA internal and administrative mat- Banking and Financial Services. Board, transmitting the Commercial Activi- ters—received October 2, 2000, pursuant to 5 10438. A letter from the Executive Director, ties Inventory as required by the Federal Ac- U.S.C. 801(a)(1)(A); to the Committee on Emergency Steel Loan Guarantee Board, tivities Inventory Reform Act of 1998 (the Science. transmitting the Board’s final rule—Emer- FAIR ACT); to the Committee on Govern- 10459. A letter from the Regulatory Policy gency Steel Guarantee Loan Program; Par- ment Reform. Officer, Bureau of Alcohol, Tobacco and ticipation in Unguaranteed Tranche (RIN: 10449. A letter from the Chairman, Na- Firearms, Department of the Treasury, 3003–ZA00) received October 3, 2000, pursuant tional Labor Relations Board, transmitting transmitting the Department’s final rule— to 5 U.S.C. 801(a)(1)(A); to the Committee on the Office of the Inspector General Fiscal Implemention of Public Law 105–33, Section Banking and Financial Services. Year 2000 A–76 Submission Annual Inventory 9302, Relating to the Imposition of Permit 10439. A letter from the Deputy Associate Submission as required under the Federal Requirements on the Manufacturer of Roll- Administrator, Environmental Protection Activities Inventory Reform Act of 1998; to Your-Own Tobacco (98R–370P) [T.D. ATF–429; Agency, transmitting the Agency’s final the Committee on Government Reform. Ref: T.D. ATF–424, T.D. ATF–424a, T.D. ATF– rule—Approval and Promulgation of State 10450. A letter from the Chairman and Gen- 427 and Notice No. 889] (RIN: 1512–AB92) re- Plans—North Carolina: Approval of Revi- eral Counsel, National Labor Relations ceived October 3, 2000, pursuant to 5 U.S.C. sions to the North Carolina State Implemen- Board, transmitting the National Labor Re- 801(a)(1)(A); to the Committee on Ways and tation Plan; Technical Correction [NC–087– lations Board’s Strategic Plan for Fiscal Means. 9939; FRL–6881–1] received October 4, 2000, Years 2000 through 2002; to the Committee on f pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Government Reform. mittee on Commerce. 10451. A letter from the Director, National REPORTS OF COMMITTEES ON 10440. A letter from the Deputy Associate Science Foundation, transmitting the Gov- PUBLIC BILLS AND RESOLUTIONS Administrator, Environmental Protection ernment Performance and Results Act Agency, transmitting the Agency’s final Stategic Plan for FY 2001–2006; to the Com- Under clause 2 of rule XIII, reports of rule—Approval and Promulgation of Air mittee on Government Reform. committees were delivered to the Clerk

VerDate 02-OCT-2000 02:11 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.022 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8799 for printing and reference to the proper By Mr. FLETCHER (for himself, Mr. By Mr. HUNTER (for himself, Mr. calendar, as follows: EWING, Mr. BOUCHER, Mr. WHITFIELD, BILBRAY, Mr. CUNNINGHAM, Mr. PACK- Mr. LEWIS of Kentucky, and Mr. ARD, and Mr. FILNER): Mr. MCCOLLUM: Committee on the Judici- ary. H.R. 5136. A bill to make permanent the MCINTYRE): H. Con. Res. 417. Concurrent resolution ex- H.R. 5381. A bill to provide for a more re- authority of the Marshal of the Supreme pressing the strong support of Congress that strictive tariff-rate quota on imports of to- Court and the Supreme Court Police to pro- the Federal Energy Regulatory Commission bacco; to the Committee on Ways and Means. vide security beyond the Supreme Court execute its fundamental responsibility to re- By Mr. FLETCHER (for himself, Mr. building and grounds (Rept. 106–931). Re- form the unjust and unreasonable electric EWING, Mr. BOUCHER, Mr. WHITFIELD, ferred to the Committee of the Whole House power rates in California immediately; to Mr. LEWIS of Kentucky, Mr. MCIN- on the State of the Union. the Committee on Commerce. TYRE, and Mr. GOODE): Mr. CANADY: Committee on the Judici- f H.R. 5382. A bill to allow the Secretary of ary. H.R. 5018. A bill to amend title 18, Agriculture to use existing authorities to ADDITIONAL SPONSORS United States Code, to modify certain provi- provide export promotion assistance for to- sions of law relating to the interception of bacco and tobacco products of the United Under clause 7 of rule XII, sponsors communications, and for other purposes; States; to the Committee on Agriculture. were added to public bills and resolu- with an amendment (Rept. 106–932). Referred By Mr. BARRETT of Nebraska: tions as follows: to the Committee of the Whole House on the H.R. 5383. A bill to amend the child and H.R. 515: Mr. FARR of California. State of the Union. adult care food program under the Richard H.R. 595: Mr. ANDREWS. Mr. GILMAN: Committee on International B. Russell National School Lunch Act to pro- Relations. House Resolutions 596. Resolution H.R. 842: Mr. COYNE. vide alternative reimbursement rates under H.R. 919: Ms. NORTON, Ms. SCHAKOWSKY, calling upon the President to ensure that the that program for family or group day care foreign policy of the United States reflects and Mr. WELDON of Pennsylvania. homes located in less populous areas; to the H.R. 1228: Mr. DEUTSCH. appropriate understanding and sensitivity Committee on Education and the Workforce. H.R. 1271: Mr. BACA, Mr. OBERSTAR, and Mr. concerning issues related to human rights, By Mr. BOEHLERT (for himself and TIERNEY. ethnic cleansing, and genocide documented Mr. LAZIO): H.R. 1929: Mr. HOLT. in the United States record relating to the H.R. 5384. A bill to establish a pilot pro- H.R. 2200: Mr. LAZIO. Armenian Genocide, and for other purposes; gram to encourage the use of alternative fuel H.R. 2631: Mr. DIAZ-BALART. with an amendment (Rept. 106–933). Referred vehicles in public transportation, and for H.R. 2720: Mr. HASTINGS of Florida. to the House Calendar. other purposes; to the Committee on Trans- H.R. 2774: Mr. SANDERS. Mr. YOUNG OF Alaska: Committee on Re- portation and Infrastructure. H.R. 2892: Ms. CARSON. sources. H.R. 2941. A bill to establish the Las By Mr. COBURN (for himself, Mr. H.R. 3192: Ms. WATERS. Cienegas National Conservation Area in the ARMEY, Mr. DELAY, Mr. WATTS of H.R. 3677: Mr. HALL of Texas. State of Arizona; with an amendment (Rept. Oklahoma, Mr. SMITH of New Jersey, H.R. 3766: Ms. WATERS. 106–934). Referred to the Committee of the Mr. OBERSTAR, Mr. STUPAK, Mrs. H.R. 4003: Mr. WALDEN of Oregon. Whole House on the State of the Union. MYRICK, Mr. RAHALL, Mr. ADERHOLT, H.R. 4274: Mr. PASTOR, Mrs. TAUSCHER, Ms. Mr. HASTINGS of Washington: Committee Mr. BAKER, Mr. SHIMKUS, Mrs. EMER- SLAUGHTER, Mr. BARCIA, and Mr. BECERRA. on Rules. House Resolution 610. Resolution SON, Mr. SCHAFFER, Mr. DEMINT, Mr. H.R. 4277: Mr. WATKINS and Mr. SHERMAN. providing for consideration of the bill (H.R. DOOLITTLE, Mr. WAMP, Mr. ISTOOK, H.R. 4279: Mr. WALDEN of Oregon. 2941) to establish the Las Cienegas National Mr. HILLEARY, Mr. BURR of North H.R. 4308: Mr. ROTHMAN. Conservation Area in the State of Arizona Carolina, Mr. TANCREDO, Mr. VITTER, H.R. 4330: Ms. CARSON (Rept. 106–935). Referred to the House Cal- Mr. PICKERING, Mr. ENGLISH, Mr. H.R. 4393: Mr. BENTSEN. endar. HAYES, Mr. PETERSON of Pennsyl- H.R. 4395: Mr. ISAKSON. Mr. GOSS. Committee on Rules. House vania, Mr. BARR of Georgia, Mr. H.R. 4594: Ms. WOOLSEY and Mr. BENTSEN. Resolution 611. Resolution providing for con- PITTS, Mr. DICKEY, Mr. HOSTETTLER, H.R. 4728: Mr. SMITH of Texas and Mr. HOB- sideration of the bill (S. 2311) to revise and Mr. HOEKSTRA, Mr. LARGENT, Mr. SON. extend the Ryan White CARE Act programs SOUDER, Mr. TIAHRT, Mr. HAYWORTH, H.R. 4740: Mr. PASCRELL, Mr. HOLDEN, and under title XXVI of the Public Health Serv- Mrs. CHENOWETH-HAGE, Mr. SAM Ms. KILPATRICK. ices Act, to improve access to health care JOHNSON of Texas, Mr. GOODE, Mr. H.R. 4750: Ms. WOOLSEY. and the quality of health care under such RYUN of Kansas, Mr. BARTLETT of H.R. 4780: Mr. SIMPSON and Mr. HASTINGS of programs, and to provide for the develop- Maryland, Mr. GREEN of Wisconsin, Washington. ment of increased capacity to provide health Mr. JONES of North Carolina, Mr. H.R. 5005: Mr. SAXTON. care and related support services to individ- MANZULLO, and Mr. SHADEGG): H.R. 5068: Mr. YOUNG of Florida. uals and families with HIV disease, and for H.R. 5385. A bill to require the Food and other purposes (Rept. 106–936). Referred to Drug Administration to establish restric- H.R. 5146: Mr. GOODLATTE. the House Calendar. tions regarding the qualifications of physi- H.R. 5158: Ms. LEE. f cians to prescribe the abortion drug com- H.R. 5179: Mr. BONIOR and Ms. ROYBAL-AL- monly known as RU–486; to the Committee LARD. PUBLIC BILLS AND RESOLUTIONS on Commerce. H.R. 5180: Mr. RAMSTAD. H.R. 5186: Mr. BOSWELL. Under clause 2 of rule XII, public By Mr. ISAKSON (for himself, Mr. TAN- NER, Mr. NORWOOD, and Mr. KING- H.R. 5194: Mrs. MALONEY of New York. bills and resolutions were introduced H.R. 5200: Mr. KINGSTON, Mr. PITTS, and and severally referred, as follows: STON): H.R. 5386. A bill to amend the Internal Rev- Mr. HASTINGS of Washington. By Mr. SMITH of Texas: enue Code of 1986 to provide economic relief H.R. 5219: Mr. BONIOR, Mrs. CHRISTENSEN, H.R. 5377. A bill to amend the Immigration to farmers and ranchers, and for other pur- Mr. HOUGHTON, Mr. MCGOVERN, and Mr. RA- and Nationality Act to extend the limitation poses; to the Committee on Ways and Means. HALL. on waivers granted under section 212(h) of By Mr. SMITH of Michigan: H.R. 5220: Mr. HALL of Texas. that Act to aliens unlawfully present in the H.R. 5387. A bill to provide a transition for H.R. 5222: Mr. THOMPSON of California. United States; to the Committee on the Ju- railroad workers to the Social Security Pro- H.R. 5242: Mr.´ HINCHEY, Mr. QUINN, Mr. diciary. gram, and for other purposes; to the Com- OWENS, Ms. VELAZQUEZ, and Mr. LAFALCE. By Mr. SMITH of Texas: mittee on Ways and Means, and in addition H.R. 5271: Mr. GREEN of Texas and Mr. H.R. 5378. A bill to amend the Immigration to the Committee on Transportation and In- DOOLEY of California. and Nationality Act to clarify the special frastructure, for a period to be subsequently H.R. 5344: Mr. PITTS. rule relating to continous residence or phys- determined by the Speaker, in each case for H.R. 5365: Mr. OXLEY, Mr. FOSSELLA, Ms. ical presence under section 240A(d) of that consideration of such provisions as fall with- MCCARTHY of Missouri, and Mr. KIND. Act; to the Committee on the Judiciary. in the jurisdiction of the committee con- H.R. 5375: Mr. LAFALCE and Mr. MCNULTY. By Mr. SMITH of Texas: cerned. H. Con. Res. 62: Mr. ROGAN. H.R. 5379. A bill to amend the Immigration By Mr. YOUNG of Alaska (for himself, H. Con. Res. 337: Mrs. TAUSCHER. and Nationality Act to clarify the provisions Mr. SAXTON, Mr. BLILEY, Mr. BOU- H. Con. Res. 377: Mrs. MALONEY of New applicable to arrest, detention, and release CHER, Mr. DAVIS of Virginia, Mr. York, Mr. MCGOVERN, and Ms. SCHAKOWSKY. of criminal aliens pending removal decisions; GOODE, Mr. GOODLATTE, Mr. MORAN of H. Con. Res. 412: Mr. SHAYS. to the Committee on the Judiciary. Virginia, Mr. PICKETT, Mr. SCOTT, H. Con. Res. 413: Mr. STEARNS. By Mr. HYDE (for himself, Mr. CON- Mr. SISISKY, and Mr. WOLF): f YERS, Mr. GEKAS, and Mr. NADLER): H.R. 5388. A bill to designate a building H.R. 5380. A bill to amend title 5, United proposed to be located within the boundaries AMENDMENTS States Code, to make technical amendments of the Chincoteague National Wildlife Ref- to certain provisions of title 5, United States uge, as the ‘‘Herbert H. Bateman Edu- Under clause 8 of rule XVIII, pro- Code, enacted by the Congressional Review cational and Administrative Center; to the posed amendments were submitted as Act; to the Committee on the Judiciary. Committee on Resources. follows:

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.014 pfrm01 PsN: H04PT1 H8800 CONGRESSIONAL RECORD — HOUSE October 4, 2000

H.R. 2941 (c) FISH AND WILDLIFE.—Nothing in this (b) USES.—The Secretary shall allow only OFFERED BY: MR. HANSEN Act shall be construed as affecting the juris- such uses of the Conservation Area as the (Amendment in the Nature of a Substitute) diction or responsibilities of the State of Ar- Secretary finds will further the purposes for izona with respect to fish and wildlife within which the Conservation Area is established AMENDMENT NO. 1: Strike all after the en- the Acquisition Planning District. as set forth in section 4(a). acting clause and insert the following new (d) PROTECTION OF STATE AND PRIVATE (c) GRAZING.—The Secretary of the Interior text: LANDS AND INTERESTS.—Nothing in this Act shall permit grazing subject to all applicable SECTION 1. DEFINITIONS. shall be construed as affecting any property laws, regulations, and Executive Orders con- For the purposes of this Act, the following rights or management authority with regard sistent with the purposes of this Act. definitions apply: to any lands or interest in lands held by the (d) MOTORIZED VEHICLES.—Except where (1) CONSERVATION AREA.—The term ‘‘Con- State of Arizona, any political subdivision of needed for administrative purposes or to re- servation Area’’ means the Las Cienegas Na- the State of Arizona, or any private property spond to an emergency, use of motorized ve- tional Conservation Area established by sec- rights within the boundaries of the Acquisi- hicles on public lands in the Conservation tion 4(a). tion Planning District. Area shall be allowed only— (2) ACQUISITION PLANNING DISTRICT.—The (e) PUBLIC LANDS.—Nothing in this Act (1) before the effective date of a manage- term ‘‘Acquisition Planning District’’ means shall be construed as in any way diminishing ment plan prepared pursuant to section 6, on the Sonoita Valley Acquisition Planning the Secretary’s or the Bureau of Land Man- roads and trails designated for use of motor- District established by section 2(a). agement’s authorities, rights, or responsibil- ized vehicles in the management plan that (3) MANAGEMENT PLAN.—The term ‘‘man- ities for managing the public lands within applies on the date of the enactment of this agement plan’’ means the management plan the Acquisition Planning District. Act; and for the Conservation Area. (f) COORDINATED MANAGEMENT.—The Sec- (2) after the effective date of a manage- (4) PUBLIC LANDS.—The term ‘‘public retary shall coordinate the management of ment plan prepared pursuant to section 6, on lands’’ has the meaning given the term in the public lands within the Acquisition Plan- roads and trails designated for use of motor section 103(e) of the Federal Land Policy and ning District with that of surrounding coun- vehicles in that management plan. Management Act of 1976 (43 U.S.C. 1702(e)), ty, State, and private lands consistent with (e) MILITARY AIRSPACE.—Prior to the date except that such term shall not include in- the provisions of subsection (d). of the enactment of this Act the Federal terest in lands not owned by the United SEC. 4. ESTABLISHMENT OF THE LAS CIENEGAS Aviation Administration approved restricted States. NATIONAL CONSERVATION AREA. military airspace (Areas 2303A and 2303B) (5) SECRETARY.—The term ‘‘Secretary’’ (a) IN GENERAL.—In order to conserve, pro- which covers portions of the Conservation means the Secretary of the Interior. tect, and enhance for the benefit and enjoy- Area. Designation of the Conservation Area SEC. 2. ESTABLISHMENT OF THE SONOITA VAL- ment of present and future generations the shall not impact or impose any altitude, LEY ACQUISITION PLANNING DIS- unique and nationally important aquatic, flight, or other airspace restrictions on cur- TRICT. wildlife, vegetative, archaeological, paleon- rent or future military operations or mis- (a) IN GENERAL.—In order to provide for fu- tological, scientific, cave, cultural, histor- sions. Should the military require additional ture acquisitions of important conservation ical, recreational, educational, scenic, range- or modified airspace in the future, the Con- land within the Sonoita Valley region of the land, and riparian resources and values of gress does not intend for the designation of State of Arizona, there is hereby established the public lands described in subsection (b) the Conservation Area to impede the mili- the Sonoita Valley Acquisition Planning while allowing livestock grazing and recre- tary from petitioning the Federal Aviation District. ation to continue in appropriate areas, there Administration to change or expand existing (b) AREAS INCLUDED.—The Acquisition is hereby established the Las Cienegas Na- restricted military airspace. Planning District shall consist of approxi- tional Conservation Area in the State of Ari- (f) ACCESS TO STATE AND PRIVATE LANDS.— mately 142,800 acres of land in the Arizona zona. Nothing in this Act shall affect valid exist- counties of Pima and Santa Cruz, including (b) AREAS INCLUDED.—The Conservation ing rights-of-way within the Conservation the Conservation Area, as generally depicted Area shall consist of approximately 42,000 Area. The Secretary shall provide reasonable on the map entitled ‘‘Sonoita Valley Acqui- acres of public lands in the Arizona counties access to nonfederally owned lands or inter- sition Planning District and Las Cienegas of Pima and Santa Cruz, as generally de- est in lands within the boundaries of the National Conservation Area’’ and dated Oc- picted on the map entitled ‘‘Sonoita Valley Conservation Area. tober 2, 2000. Acquisition Planning District and Las (g) HUNTING.—Hunting shall be allowed (c) MAP AND LEGAL DESCRIPTION.—As soon Cienegas National Conservation Area’’ and within the Conservation Area in accordance as practicable after the date of the enact- dated October 2, 2000. with applicable laws and regulations of the ment of this Act, the Secretary shall submit (c) MAPS AND LEGAL DESCRIPTION.—As soon United States and the State of Arizona, ex- to Congress a map and legal description of as practicable after the date of the enact- cept that the Secretary, after consultation the Acquisition Planning District. In case of ment of this Act, the Secretary shall submit with the Arizona State wildlife management a conflict between the map referred to in to Congress a map and legal description of agency, may issue regulations designating subsection (b) and the map and legal descrip- the Conservation Area. In case of a conflict zones where and establishing periods when tion submitted by the Secretary, the map re- between the map referred to in subsection (b) no hunting shall be permitted for reasons of ferred to in subsection (b) shall control. The and the map and legal description submitted public safety, administration, or public use map and legal description shall have the by the Secretary, the map referred to in sub- and enjoyment. same force and effect as if included in this section (b) shall control. The map and legal (h) PREVENTATIVE MEASURES.—Nothing in Act, except that the Secretary may correct description shall have the same force and ef- this Act shall preclude such measures as the clerical and typographical errors in such fect as if included in this Act, except that Secretary determines necessary to prevent map and legal description. Copies of the map the Secretary may correct clerical and typo- devastating fire or infestation of insects or and legal description shall be on file and graphical errors in such map and legal de- disease within the Conservation Area. available for public inspection in the Office scription. Copies of the map and legal de- (i) NO BUFFER ZONES.—The establishment of the Director of the Bureau of Land Man- scription shall be on file and available for of the Conservation Area shall not lead to agement, and in the appropriate office of the public inspection in the Office of the Direc- the creation of protective perimeters or buff- Bureau of Land Management in Arizona. tor of the Bureau of Land Management, and er zones around the Conservation Area. The SEC. 3. PURPOSES OF THE ACQUISITION PLAN- in the appropriate office of the Bureau of fact that there may be activities or uses on NING DISTRICT. Land Management in Arizona. lands outside the Conservation Area that (a) IN GENERAL.—The Secretary shall nego- (d) FOREST LANDS.—Any lands included in would not be permitted in the Conservation tiate with land owners for the acquisition of the Coronado National Forest that are lo- Area shall not preclude such activities or lands and interest in lands suitable for Con- cated within the boundaries of the Conserva- uses on such lands up to the boundary of the servation Area expansion that meet the pur- tion Area shall be considered to be a part of Conservation Area consistent with other ap- poses described in section 4(a). The Sec- the Conservation Area. The Secretary of Ag- plicable laws. retary shall only acquire property under this riculture shall revise the boundaries of the (j) WITHDRAWALS.—Subject to valid exist- Act pursuant to section 7. Coronado National Forest to reflect the ex- ing rights all Federal lands within the Con- (b) FEDERAL LANDS.—The Secretary, clusion of such lands from the Coronado Na- servation Area and all lands and interest through the Bureau of Land Management, tional Forest. therein which are hereafter acquired by the shall administer the public lands within the SEC. 5. MANAGEMENT OF THE LAS CIENEGAS NA- United States are hereby withdrawn from all Acquisition Planning District pursuant to TIONAL CONSERVATION AREA. forms of entry, appropriation, or disposal this Act and the applicable provisions of the (a) IN GENERAL.—The Secretary shall man- under the public land laws and from loca- Federal Land Policy and Management Act of age the Conservation Area in a manner that tion, entry, and patent under the mining 1976 (43 U.S.C. 1701 et seq.), subject to valid conserves, protects, and enhances its re- laws, and from operation of the mineral leas- existing rights, and in accordance with the sources and values, including the resources ing and geothermal leasing laws and all management plan. Such public lands shall and values specified in section 4(a), pursuant amendments thereto. become part of the Conservation Area when to the Federal Land Policy and Management SEC. 6. MANAGEMENT PLAN. they become contiguous with the Conserva- Act of 1976 (43 U.S.C. 1701 et seq.) and other (a) PLAN REQUIRED.—Not later than 2 years tion Area. applicable law, including this Act. after the date of the enactment of this Act,

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.018 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8801

the Secretary, through the Bureau of Land (c) COOPERATIVE AGREEMENTS.—In order to the Rincon Valley, Colossal Cave area, and Management, shall develop and begin to im- better implement the management plan, the Agua Verde Creek corridor north of Inter- plement a comprehensive management plan Secretary may enter into cooperative agree- state 10 to provide an ecological link to for the long-term management of the public ments with appropriate Federal, State, and Saguaro National Park and the Rincon lands within the Conservation Area in order local agencies pursuant to section 307(b) of Mountains and contribute to local govern- to fulfill the purposes for which it is estab- the Federal Land Policy and Management ment conservation priorities. lished, as set forth in section 4(a). Consistent Act of 1976 (43 U.S.C. 1737(b)). (b) IMPLEMENTATION OF THIS ACT.—Not with the provisions of this Act, the manage- (d) RESEARCH ACTIVITIES.—In order to as- later than 5 years after the date of the enact- ment plan shall be developed— sist in the development and implementation ment of this Act, and at least at the end of (1) in consultation with appropriate de- of the management plan, the Secretary may every 10-year period thereafter, the Sec- partments of the State of Arizona, including authorize appropriate research, including re- retary shall submit to Congress a report de- wildlife and land management agencies, with search concerning the environmental, bio- scribing the implementation of this Act, the full public participation; logical, hydrological, cultural, agricultural, condition of the resources and values of the (2) from the draft Empire-Cienega Eco- recreational, and other characteristics, re- Conservation Area, and the progress of the system Management Plan/EIS, dated October sources, and values of the Conservation Secretary in achieving the purposes for 2000, as it applies to Federal lands or lands Area, pursuant to section 307(a) of the Fed- which the Conservation Area is established with conservation easements; and eral Land Policy and Management Act of as set forth in section 4(a). (3) in accordance with the resource goals 1976 (43 U.S.C. 1737(a)). S. 2311 and objectives developed through the SEC. 7. LAND ACQUISITION. OFFERED BY: MR. BLILEY Sonoita Valley Planning Partnership process (a) IN GENERAL.— as incorporated in the draft Empire-Cienega (Amendment in the Nature of a Substitute) (1) PRIORITY TO CONSERVATION EASE- Ecosystem Management Plan/EIS, dated Oc- AMENDMENT NO. 1: Strike all after the en- MENTS.—In acquiring lands or interest in tober 2000, giving full consideration to the acting clause and insert in lieu thereof the lands under this section, the Secretary shall management alternative preferred by the following: give priority to such acquisitions in the form Sonoita Valley Planning Partnership, as it SECTION 1. SHORT TITLE. of conservation easements. applies to Federal lands or lands with con- This Act may be cited as the ‘‘Ryan White (2) PRIVATE LANDS.—The Secretary is au- servation easements. CARE Act Amendments of 2000’’. (b) CONTENTS.—The management plan shall thorized to acquire privately held lands or interest in lands within the boundaries of SEC. 2. TABLE OF CONTENTS. include— The table of contents for this Act is as fol- the Acquisition Planning District only from (1) provisions designed to ensure the pro- lows: a willing seller through donation, exchange, tection of the resources and values described TITLE I—EMERGENCY RELIEF FOR in section 4(a); or purchase. (3) COUNTY LANDS.—The Secretary is au- AREAS WITH SUBSTANTIAL NEED FOR (2) an implementation plan for a con- SERVICES tinuing program of interpretation and public thorized to acquire county lands or interest education about the resources and values of in lands within the boundaries of the Acqui- Subtitle A—HIV Health Services Planning the Conservation Area; sition Planning District only with the con- Councils (3) a proposal for minimal administrative sent of the county through donation, ex- Sec. 101. Membership of councils. and public facilities to be developed or im- change, or purchase. Sec. 102. Duties of councils. proved at a level compatible with achieving (4) STATE LANDS.— Sec. 103. Open meetings; other additional the resource objectives for the Conservation (A) IN GENERAL.—The Secretary is author- provisions. Area and with the other proposed manage- ized to acquire lands or interest in lands Subtitle B—Type and Distribution of Grants ment activities to accommodate visitors to owned by the State of Arizona located within Sec. 111. Formula grants. the Conservation Area; the boundaries of the Acquisition Planning Sec. 112. Supplemental grants. (4) cultural resources management strate- District only with the consent of the State Subtitle C—Other Provisions gies for the Conservation Area, prepared in and in accordance with State law, by dona- Sec. 121. Use of amounts. consultation with appropriate departments tion, exchange, purchase, or eminent do- Sec. 122. Application. main. of the State of Arizona, with emphasis on TITLE II—CARE GRANT PROGRAM the preservation of the resources of the Con- (B) SUNSET OF AUTHORITY TO ACQUIRE BY Subtitle A—General Grant Provisions servation Area and the interpretive, edu- EMINENT DOMAIN.—The authority to acquire cational, and long-term scientific uses of State lands under subparagraph (A) shall ex- Sec. 201. Priority for women, infants, and these resources, giving priority to the en- pire 10 years after the date of the enactment children. forcement of the Archaeological Resources of this Act. Sec. 202. Use of grants. Sec. 203. Grants to establish HIV care con- Protection Act of 1979 (16 U.S.C. 470aa et (C) CONSIDERATION.—As consideration for sortia. seq.) and the National Historic Preservation the acquisitions by the United States of lands or interest in lands under this para- Sec. 204. Provision of treatments. Act (16 U.S.C. 470 et seq.) within the Con- Sec. 205. State application. servation Area; graph, the Secretary shall pay fair market Sec. 206. Distribution of funds. (5) wildlife management strategies for the value for such lands or shall convey to the Sec. 207. Supplemental grants for certain Conservation Area, prepared in consultation State of Arizona all or some interest in Fed- States. eral lands (including buildings and other im- with appropriate departments of the State of Subtitle B—Provisions Concerning Preg- provements on such lands or other Federal Arizona and using previous studies of the nancy and Perinatal Transmission of HIV Conservation Area; property other than real property) or any other asset of equal value within the State of Sec. 211. Repeals. (6) production livestock grazing manage- Sec. 212. Grants. Arizona. ment strategies, prepared in consultation Sec. 213. Study by Institute of Medicine. with appropriate departments of the State of (D) TRANSFER OF JURISDICTION.—All Fed- Subtitle C—Certain Partner Notification Arizona; eral agencies are authorized to transfer ju- Programs (7) provisions designed to ensure the pro- risdiction of Federal lands or interest in tection of environmentally sustainable live- lands (including buildings and other im- Sec. 221. Grants for compliant partner noti- stock use on appropriate lands within the provements on such lands or other Federal fication programs. Conservation Area; property other than real property) or any TITLE III—EARLY INTERVENTION (8) recreation management strategies, in- other asset within the State of Arizona to SERVICES cluding motorized and nonmotorized dis- the Bureau of Land Management for the pur- Subtitle A—Formula Grants for States persed recreation opportunities for the Con- pose of acquiring lands or interest in lands Sec. 301. Repeal of program. servation Area, prepared in consultation as provided for in this paragraph. Subtitle B—Categorical Grants with appropriate departments of the State of (b) MANAGEMENT OF ACQUIRED LANDS.— Lands acquired under this section shall, Sec. 311. Preferences in making grants. Arizona; Sec. 312. Planning and development grants. upon acquisition, become part of the Con- (9) cave resources management strategies Sec. 313. Authorization of appropriations. servation Area and shall be administered as prepared in compliance with the goals and Subtitle C—General Provisions objectives of the Federal Cave Resources part of the Conservation Area. These lands Protection Act of 1988 (16 U.S.C. 4301 et seq.); shall be managed in accordance with this Sec. 321. Provision of certain counseling and Act, other applicable laws, and the manage- services. Sec. 322. Additional required agreements. (10) provisions designed to ensure that if a ment plan. road or trail located on public lands within SEC. 8. REPORTS TO CONGRESS. TITLE IV—OTHER PROGRAMS AND the Conservation Area, or any portion of (a) PROTECTION OF CERTAIN LANDS.—Not ACTIVITIES such a road or trail, is removed, consider- later than 2 years after the date of the enact- Subtitle A—Certain Programs for Research, ation shall be given to providing similar al- ment of this Act, the Secretary shall submit Demonstrations, or Training ternative access to the portion of the Con- to Congress a report describing the most ef- Sec. 401. Grants for coordinated services and servation Area serviced by such removed fective measures to protect the lands north access to research for women, road or trail.– of the Acquisition Planning District within infants, children, and youth.

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0655 E:\CR\FM\A04OC7.018 pfrm01 PsN: H04PT1 H8802 CONGRESSIONAL RECORD — HOUSE October 4, 2000 Sec. 402. AIDS education and training cen- (1) by redesignating subparagraphs (A) ‘‘(H) coordinate with Federal grantees that ters. through (E) as subparagraphs (C) through provide HIV-related services within the eligi- Subtitle B—General Provisions in Title (G), respectively; ble area.’’. XXVI (2) by inserting before subparagraph (C) (as (b) PROCESS FOR ESTABLISHING ALLOCATION Sec. 411. Evaluations and reports. so redesignated) the following subpara- PRIORITIES.—Section 2602 of the Public Sec. 412. Data collection through Centers for graphs: Health Service Act (42 U.S.C. 300ff–12) is Disease Control and Preven- ‘‘(A) determine the size and demographics amended by adding at the end the following tion. of the population of individuals with HIV subsection: Sec. 413. Coordination. disease; ‘‘(d) PROCESS FOR ESTABLISHING ALLOCA- TION PRIORITIES.—Promptly after the date of Sec. 414. Plan regarding release of prisoners ‘‘(B) determine the needs of such popu- the submission of the report required in sec- with HIV disease. lation, with particular attention to— tion 501(b) of the Ryan White CARE Act Sec. 415. Audits. ‘‘(i) individuals with HIV disease who know Amendments of 2000 (relating to the rela- Sec. 416. Administrative simplification. their HIV status and are not receiving HIV- Sec. 417. Authorization of appropriations for tionship between epidemiological measures related services; and parts A and B. and health care for certain individuals with ‘‘(ii) disparities in access and services TITLE V—GENERAL PROVISIONS HIV disease), the Secretary, in consultation among affected subpopulations and histori- with planning councils and entities that re- Sec. 501. Studies by Institute of Medicine. cally underserved communities;’’; ceive amounts from grants under section Sec. 502. Development of rapid HIV test. (3) in subparagraph (C) (as so redesig- Sec. 503. Technical corrections. 2601(a) or 2611, shall develop epidemiologic nated), by striking clauses (i) through (iv) measures— TITLE VI—EFFECTIVE DATE and inserting the following: ‘‘(1) for establishing the number of individ- Sec. 601. Effective date. ‘‘(i) size and demographics of the popu- uals living with HIV disease who are not re- TITLE I—EMERGENCY RELIEF FOR AREAS lation of individuals with HIV disease (as de- ceiving HIV-related health services; and WITH SUBSTANTIAL NEED FOR SERVICES termined under subparagraph (A)) and the ‘‘(2) for carrying out the duties under sub- Subtitle A—HIV Health Services Planning needs of such population (as determined section (b)(4) and section 2617(b).’’. Councils under subparagraph (B)); (c) TRAINING.—Section 2602 of the Public SEC. 101. MEMBERSHIP OF COUNCILS. ‘‘(ii) demonstrated (or probable) cost effec- Health Service Act (42 U.S.C. 300ff–12), as (a) IN GENERAL.—Section 2602(b) of the tiveness and outcome effectiveness of pro- amended by subsection (b) of this section, is Public Health Service Act (42 U.S.C. 300ff– posed strategies and interventions, to the ex- amended by adding at the end the following 12(b)) is amended— tent that data are reasonably available; subsection: RAINING GUIDANCE AND MATERIALS.— (1) in paragraph (1), by striking ‘‘demo- ‘‘(iii) priorities of the communities with ‘‘(e) T The Secretary shall provide to each chief graphics of the epidemic in the eligible area HIV disease for whom the services are in- elected official receiving a grant under involved,’’ and inserting ‘‘demographics of tended; 2601(a) guidelines and materials for training the population of individuals with HIV dis- ‘‘(iv) coordination in the provision of serv- members of the planning council under para- ease in the eligible area involved,’’; and ices to such individuals with programs for graph (1) regarding the duties of the coun- (2) in paragraph (2)— HIV prevention and for the prevention and treatment of substance abuse, including pro- cil.’’. (A) in subparagraph (C), by inserting before (d) CONFORMING AMENDMENT.—Section grams that provide comprehensive treat- the semicolon the following: ‘‘, including 2603(c) of the Public Health Service Act (42 ment for such abuse; providers of housing and homeless services’’; U.S.C. 300ff–12(b)) is amended by striking ‘‘(v) availability of other governmental (B) in subparagraph (G), by striking ‘‘or ‘‘section 2602(b)(3)(A)’’ and inserting ‘‘section AIDS’’; and non-governmental resources, including 2602(b)(4)(C)’’. the State medicaid plan under title XIX of (C) in subparagraph (K), by striking ‘‘and’’ SEC. 103. OPEN MEETINGS; OTHER ADDITIONAL at the end; the Social Security Act and the State Chil- PROVISIONS. (D) in subparagraph (L), by striking the pe- dren’s Health Insurance Program under title Section 2602(b) of the Public Health Serv- riod and inserting the following: ‘‘, including XXI of such Act to cover health care costs of ice Act (42 U.S.C. 300ff–12(b)) is amended— but not limited to providers of HIV preven- eligible individuals and families with HIV (1) in paragraph (3), by striking subpara- tion services; and’’; and disease; and graph (C); and (E) by adding at the end the following sub- ‘‘(vi) capacity development needs resulting (2) by adding at the end the following para- paragraph: from disparities in the availability of HIV- graph: ‘‘(M) representatives of individuals who related services in historically underserved ‘‘(7) PUBLIC DELIBERATIONS.—With respect formerly were Federal, State, or local pris- communities;’’; to a planning council under paragraph (1), oners, were released from the custody of the (4) in subparagraph (D) (as so redesig- the following applies: penal system during the preceding 3 years, nated), by amending the subparagraph to ‘‘(A) The council may not be chaired solely and had HIV disease as of the date on which read as follows: by an employee of the grantee under section the individuals were so released.’’. ‘‘(D) develop a comprehensive plan for the 2601(a). (b) CONFLICTS OF INTERESTS.—Section organization and delivery of health and sup- ‘‘(B) In accordance with criteria estab- 2602(b)(5) of the Public Health Service Act (42 port services described in section 2604 that— lished by the Secretary: U.S.C. 300ff–12(b)(5)) is amended by adding at ‘‘(i) includes a strategy for identifying in- ‘‘(i) The meetings of the council shall be the end the following subparagraph: dividuals who know their HIV status and are open to the public and shall be held only ‘‘(C) COMPOSITION OF COUNCIL.—The fol- not receiving such services and for informing after adequate notice to the public. lowing applies regarding the membership of the individuals of and enabling the individ- ‘‘(ii) The records, reports, transcripts, min- a planning council under paragraph (1): uals to utilize the services, giving particular utes, agenda, or other documents which were ‘‘(i) Not less than 33 percent of the council attention to eliminating disparities in access made available to or prepared for or by the shall be individuals who are receiving HIV- and services among affected subpopulations council shall be available for public inspec- related services pursuant to a grant under and historically underserved communities, tion and copying at a single location. section 2601(a), are not officers, employees, and including discrete goals, a timetable, ‘‘(iii) Detailed minutes of each meeting of or consultants to any entity that receives and an appropriate allocation of funds; the council shall be kept. The accuracy of all amounts from such a grant, and do not rep- ‘‘(ii) includes a strategy to coordinate the minutes shall be certified to by the chair of resent any such entity, and reflect the demo- provision of such services with programs for the council. graphics of the population of individuals HIV prevention (including outreach and ‘‘(iv) This subparagraph does not apply to with HIV disease as determined under para- early intervention) and for the prevention any disclosure of information of a personal graph (4)(A). For purposes of the preceding and treatment of substance abuse (including nature that would constitute a clearly un- sentence, an individual shall be considered programs that provide comprehensive treat- warranted invasion of personal privacy, in- to be receiving such services if the individual ment services for such abuse); and cluding any disclosure of medical informa- is a parent of, or a caregiver for, a minor ‘‘(iii) is compatible with any State or local tion or personnel matters.’’. child who is receiving such services. plan for the provision of services to individ- Subtitle B—Type and Distribution of Grants ‘‘(ii) With respect to membership on the uals with HIV disease;’’; SEC. 111. FORMULA GRANTS. planning council, clause (i) may not be con- (5) in subparagraph (F) (as so redesig- (a) EXPEDITED DISTRIBUTION.—Section strued as having any effect on entities that nated), by striking ‘‘and’’ at the end; 2603(a)(2) of the Public Health Service Act (42 receive funds from grants under any of parts (6) in subparagraph (G) (as so redesig- U.S.C. 300ff–13(a)(2)) is amended in the first B through F but do not receive funds from nated)— sentence by striking ‘‘for each of the fiscal grants under section 2601(a), on officers or (A) by striking ‘‘public meetings,’’ and in- years 1996 through 2000’’ and inserting ‘‘for a employees of such entities, or on individuals serting ‘‘public meetings (in accordance with fiscal year’’. who represent such entities.’’. paragraph (7)),’’; and (b) AMOUNT OF GRANT; ESTIMATE OF LIVING SEC. 102. DUTIES OF COUNCILS. (B) by striking the period and inserting ‘‘; CASES.— (a) IN GENERAL.—Section 2602(b)(4) of the and’’; and (1) IN GENERAL.—Section 2603(a)(3)) of the Public Health Service Act (42 U.S.C. 300ff– (7) by adding at the end the following sub- Public Health Service Act (42 U.S.C. 300ff– 12(b)(4)) is amended— paragraph: 13(a)(3)) is amended—

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.019 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8803 (A) in subparagraph (C)(i), by inserting be- ‘‘(iv) for any fourth fiscal year in such pe- the study under section 501(b) of the Ryan fore the semicolon the following: ‘‘, except riod, the grant is not less than 89 percent of White CARE Act Amendments of 2000 (relat- that (subject to subparagraph (D)), for grants the amount of the base year grant; and ing to the relationship between epidemiolog- made pursuant to this paragraph for fiscal ‘‘(v) for any fifth or subsequent fiscal year ical measures and health care for certain in- year 2005 and subsequent fiscal years, the in such period, if, pursuant to paragraph dividuals with HIV disease).’’; and cases counted for each 12-month period be- (3)(D)(ii)), the references in paragraph (6) in subparagraph (D) (as so redesig- ginning on or after July 1, 2004, shall be cases (3)(C)(i) to HIV disease do not have any legal nated), by striking ‘‘subparagraph (B)’’ and of HIV disease (as reported to and confirmed effect, the grant is not less than 85 percent of inserting ‘‘subparagraph (C)’’. by such Director) rather than cases of ac- the amount of the base year grant. (b) REQUIREMENTS FOR APPLICATION.—Sec- quired immune deficiency syndrome’’; and ‘‘(B) SPECIAL RULE.—If for fiscal year 2005, tion 2603(b)(1)(E) of the Public Health Serv- (B) in subparagraph (C), in the matter after pursuant to paragraph (3)(D)(ii), data on ice Act (42 U.S.C. 300ff–13(b)(1)(E)) is amend- and below clause (ii)(X)— cases of HIV disease are used for purposes of ed by inserting ‘‘youth,’’ after ‘‘children,’’. (i) in the first sentence, by inserting before paragraph (3)(C)(i), the Secretary shall in- (c) TECHNICAL AND CONFORMING AMEND- the period the following: ‘‘, and shall be re- crease the amount of a grant made pursuant MENT.—Section 2603(b) of the Public Health ported to the congressional committees of to paragraph (2) for an eligible area to ensure Service Act (42 U.S.C. 300ff–13(b)) is amend- jurisdiction’’; and that the grant is not less than 98 percent of ed— (ii) by adding at the end the following sen- the amount of the grant made for the area in (1) by striking paragraph (4); tence: ‘‘Updates shall as applicable take into fiscal year 2004. (2) by redesignating paragraph (5) as para- account the counting of cases of HIV disease ‘‘(C) BASE YEAR; PROTECTION PERIOD.—With graph (4); and pursuant to clause (i).’’. respect to grants made pursuant to para- (3) in paragraph (4) (as so redesignated), in (2) DETERMINATION OF SECRETARY REGARD- graph (2) for an eligible area: subparagraph (B), by striking ‘‘grants’’ and ING DATA ON HIV CASES.—Section 2603(a)(3)) of ‘‘(i) The base year for a protection period is inserting ‘‘grant’’. the fiscal year preceding the trigger grant- the Public Health Service Act (42 U.S.C. Subtitle C—Other Provisions 300ff–13(a)(3)) is amended— reduction year. (A) by redesignating subparagraph (D) as ‘‘(ii) The first trigger grant-reduction year SEC. 121. USE OF AMOUNTS. subparagraph (E); and is the first fiscal year (after fiscal year 2000) (a) PRIMARY PURPOSES.—Section 2604(b)(1) (B) by inserting after subparagraph (C) the for which the grant for the area is less than of the Public Health Service Act (42 U.S.C. following subparagraph: the grant for the area for the preceding fiscal 300ff–14(b)(1)) is amended— ‘‘(D) DETERMINATION OF SECRETARY RE- year. (1) in the matter preceding subparagraph GARDING DATA ON HIV CASES.— ‘‘(iii) A protection period begins with the (A), by striking ‘‘HIV-related—’’ and insert- trigger grant-reduction year and continues ‘‘(i) IN GENERAL.—Not later than July 1, ing ‘‘HIV-related services, as follows:’’; 2004, the Secretary shall determine whether until the beginning of the first fiscal year for (2) in subparagraph (A)— there is data on cases of HIV disease from all which the amount of the grant determined (A) by striking ‘‘outpatient’’ and all that eligible areas (reported to and confirmed by pursuant to paragraph (2) for the area equals follows through ‘‘substance abuse treatment the Director of the Centers for Disease Con- or exceeds the amount of the grant deter- and’’ and inserting the following: ‘‘Out- trol and Prevention) sufficiently accurate mined under subparagraph (A). patient and ambulatory health services, in- ‘‘(iv) Any subsequent trigger grant-reduc- and reliable for use for purposes of subpara- cluding substance abuse treatment,’’; and tion year is the first fiscal year, after the graph (C)(i). In making such a determina- (B) by striking ‘‘; and’’ and inserting a pe- end of the preceding protection period, for tion, the Secretary shall take into consider- riod; which the amount of the grant is less than ation the findings of the study under section (3) in subparagraph (B), by striking ‘‘(B) in- the amount of the grant for the preceding 501(b) of the Ryan White CARE Act Amend- patient case management’’ and inserting fiscal year.’’. ments of 2000 (relating to the relationship ‘‘(C) Inpatient case management’’; between epidemiological measures and SEC. 112. SUPPLEMENTAL GRANTS. (4) by inserting after subparagraph (A) the health care for certain individuals with HIV (a) IN GENERAL.—Section 2603(b)(2) of the following subparagraph: disease). Public Health Service Act (42 U.S.C. 300ff– ‘‘(B) Outpatient and ambulatory support services (including case management), to the ‘‘(ii) EFFECT OF ADVERSE DETERMINATION.— 13(b)(2)) is amended— If under clause (i) the Secretary determines (1) in the heading for the paragraph, by extent that such services facilitate, enhance, that data on cases of HIV disease is not suffi- striking ‘‘DEFINITION’’ and inserting support, or sustain the delivery, continuity, ciently accurate and reliable for use for pur- ‘‘AMOUNT OF GRANT’’; or benefits of health services for individuals poses of subparagraph (C)(i), then notwith- (2) by redesignating subparagraphs (A) and families with HIV disease.’’; and standing such subparagraph, for any fiscal through (C) as subparagraphs (B) through (5) by adding at the end the following: year prior to fiscal year 2007 the references (D), respectively; ‘‘(D) Outreach activities that are intended in such subparagraph to cases of HIV disease (3) by inserting before subparagraph (B) (as to identify individuals with HIV disease who do not have any legal effect. so redesignated) the following subparagraph: know their HIV status and are not receiving HIV-related services, and that are— ‘‘(iii) GRANTS AND TECHNICAL ASSISTANCE ‘‘(A) IN GENERAL.—The amount of each ‘‘(i) necessary to implement the strategy REGARDING COUNTING OF HIV CASES.—Of the grant made for purposes of this subsection amounts appropriated under section 318B for shall be determined by the Secretary based under section 2602(b)(4)(D), including activi- a fiscal year, the Secretary shall reserve on a weighting of factors under paragraph ties facilitating the access of such individ- amounts to make grants and provide tech- (1), with severe need under subparagraph (B) uals to HIV-related primary care services at nical assistance to States and eligible areas of such paragraph counting one-third.’’; entities described in paragraph (3)(A); with respect to obtaining data on cases of (4) in subparagraph (B) (as so redesig- ‘‘(ii) conducted in a manner consistent HIV disease to ensure that data on such nated)— with the requirements under sections cases is available from all States and eligible (A) in clause (ii), by striking ‘‘and’’ at the 2605(a)(3) and 2651(b)(2); and areas as soon as is practicable but not later end; ‘‘(iii) supplement, and do not supplant, than the beginning of fiscal year 2007.’’. (B) in clause (iii), by striking the period such activities that are carried out with and inserting a semicolon; and amounts appropriated under section 317.’’. (c) INCREASES IN GRANT.—Section (C) by adding at the end the following (b) EARLY INTERVENTION SERVICES.—Sec- 2603(a)(4)) of the Public Health Service Act clauses: tion 2604(b) (42 U.S.C. 300ff–14(b)) of the Pub- (42 U.S.C. 300ff–13(a)(4)) is amended to read as ‘‘(iv) the current prevalence of HIV disease; lic Health Service Act is amended— follows: ‘‘(v) an increasing need for HIV-related (1) by redesignating paragraph (3) as para- ‘‘(4) INCREASES IN GRANT.— services, including relative rates of increase graph (4); and ‘‘(A) IN GENERAL.—For each fiscal year in a in the number of cases of HIV disease; and (2) by inserting after paragraph (2) the fol- protection period for an eligible area, the ‘‘(vi) unmet need for such services, as de- lowing: Secretary shall increase the amount of the termined under section 2602(b)(4).’’; ‘‘(3) EARLY INTERVENTION SERVICES.— grant made pursuant to paragraph (2) for the (5) in subparagraph (C) (as so redesig- ‘‘(A) IN GENERAL.—The purposes for which area to ensure that— nated)— a grant under section 2601 may be used in- ‘‘(i) for the first fiscal year in the protec- (A) by striking ‘‘subparagraph (A)’’ each clude providing to individuals with HIV dis- tion period, the grant is not less than 98 per- place such term appears and inserting ‘‘sub- ease early intervention services described in cent of the amount of the grant made for the paragraph (B)’’; section 2651(b)(2), with follow-up referral pro- eligible area pursuant to such paragraph for (B) in the second sentence, by striking ‘‘2 vided for the purpose of facilitating the ac- the base year for the protection period; years after the date of enactment of this cess of individuals receiving the services to ‘‘(ii) for any second fiscal year in such pe- paragraph’’ and inserting ‘‘18 months after HIV-related health services. The entities riod, the grant is not less than 95 percent of the date of the enactment of the Ryan White through which such services may be provided the amount of such base year grant; CARE Act Amendments of 2000’’; and under the grant include public health depart- ‘‘(iii) for any third fiscal year in such pe- (C) by inserting after the second sentence ments, emergency rooms, substance abuse riod, the grant is not less than 92 percent of the following sentence: ‘‘Such a mechanism and mental health treatment programs, de- the amount of the base year grant; shall be modified to reflect the findings of toxification centers, detention facilities,

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.019 pfrm01 PsN: H04PT1 H8804 CONGRESSIONAL RECORD — HOUSE October 4, 2000 clinics regarding sexually transmitted dis- tivities associated with the quality manage- ices through the State medicaid program eases, homeless shelters, HIV disease coun- ment program required in paragraph (1) not under title XIX of the Social Security Act, seling and testing sites, health care points of more than the lesser of— the State children’s health insurance pro- entry specified by eligible areas, federally ‘‘(A) 5 percent of amounts received under gram under title XXI of such Act, or other qualified health centers, and entities de- the grant; or Federal or State programs.’’. scribed in section 2652(a) that constitute a ‘‘(B) $3,000,000.’’. SEC. 202. USE OF GRANTS. point of access to services by maintaining re- SEC. 122. APPLICATION. Section 2612 of the Public Health Service ferral relationships. (a) IN GENERAL.—Section 2605(a) of the Act (42 U.S.C. 300ff–22) is amended— ‘‘(B) CONDITIONS.—With respect to an enti- Public Health Service Act (42 U.S.C. 300ff– (1) by striking ‘‘A State may use’’ and in- ty that proposes to provide early interven- 15(a)) is amended— serting ‘‘(a) IN GENERAL.—A State may use’’; tion services under subparagraph (A), such (1) by redesignating paragraphs (3) through and subparagraph applies only if the entity dem- (6) as paragraphs (5) through (8), respec- (2) by adding at the end the following sub- onstrates to the satisfaction of the chief tively; and sections: elected official for the eligible area involved (2) by inserting after paragraph (2) the fol- ‘‘(b) SUPPORT SERVICES; OUTREACH.—The that— lowing paragraphs: purposes for which a grant under this part ‘‘(i) Federal, State, or local funds are oth- ‘‘(3) that entities within the eligible area may be used include delivering or enhancing erwise inadequate for the early intervention that receive funds under a grant under this the following: services the entity proposes to provide; and part will maintain appropriate relationships ‘‘(1) Outpatient and ambulatory support ‘‘(ii) the entity will expend funds pursuant with entities in the eligible area served that services under section 2611(a) (including case to such subparagraph to supplement and not constitute key points of access to the health management) to the extent that such serv- supplant other funds available to the entity care system for individuals with HIV disease ices facilitate, enhance, support, or sustain for the provision of early intervention serv- (including emergency rooms, substance the delivery, continuity, or benefits of ices for the fiscal year involved.’’. abuse treatment programs, detoxification health services for individuals and families (c) PRIORITY FOR WOMEN, INFANTS, AND centers, adult and juvenile detention facili- with HIV disease. CHILDREN.—Section 2604(b) (42 U.S.C. 300ff– ties, sexually transmitted disease clinics, ‘‘(2) Outreach activities that are intended 14(b)) of the Public Health Service Act is HIV counseling and testing sites, mental to identify individuals with HIV disease who amended in paragraph (4) (as redesignated by know their HIV status and are not receiving health programs, and homeless shelters), and subsection (b)(1) of this section) by amending HIV-related services, and that are— other entities under section 2604(b)(3) and the paragraph to read as follows: ‘‘(A) necessary to implement the strategy 2652(a), for the purpose of facilitating early ‘‘(4) PRIORITY FOR WOMEN, INFANTS AND under section 2617(b)(4)(B), including activi- intervention for individuals newly diagnosed CHILDREN.— ties facilitating the access of such individ- with HIV disease and individuals knowledge- ‘‘(A) IN GENERAL.—For the purpose of pro- uals to HIV-related primary care services at able of their HIV status but not in care; viding health and support services to infants, entities described in subsection (c)(1); ‘‘(4) that the chief elected official of the el- children, youth, and women with HIV dis- ‘‘(B) conducted in a manner consistent igible area will satisfy all requirements ease, including treatment measures to pre- with the requirement under section under section 2604(c);’’. vent the perinatal transmission of HIV, the 2617(b)(6)(G) and 2651(b)(2); and (b) CONFORMING AMENDMENTS.—Section chief elected official of an eligible area, in ‘‘(C) supplement, and do not supplant, such 2605(a) (42 U.S.C. 300ff–15(a)(1)) is amended— accordance with the established priorities of activities that are carried out with amounts (1) in paragraph (1)— the planning council, shall for each of such appropriated under section 317. (A) in subparagraph (A), by striking ‘‘serv- populations in the eligible area use, from the ‘‘(c) EARLY INTERVENTION SERVICES.— ices to individuals with HIV disease’’ and in- grants made for the area under section ‘‘(1) IN GENERAL.—The purposes for which a serting ‘‘services as described in section 2601(a) for a fiscal year, not less than the grant under this part may be used include 2604(b)(1)’’; and percentage constituted by the ratio of the providing to individuals with HIV disease (B) in subparagraph (B), by striking ‘‘serv- population involved (infants, children, early intervention services described in sec- ices for individuals with HIV disease’’ and in- youth, or women in such area) with acquired tion 2651(b)(2), with follow-up referral pro- serting ‘‘services as described in section immune deficiency syndrome to the general vided for the purpose of facilitating the ac- 2604(b)(1)’’; population in such area of individuals with cess of individuals receiving the services to (2) in paragraph (7) (as redesignated by sub- such syndrome. HIV-related health services. The entities section (a)(1) of this section), by striking ‘‘(B) WAIVER.—With respect the population through which such services may be provided ‘‘and’’ at the end; involved, the Secretary may provide to the under the grant include public health depart- (3) in paragraph (8) (as so redesignated), by chief elected official of an eligible area a ments, emergency rooms, substance abuse striking the period and inserting ‘‘; and’’; waiver of the requirement of subparagraph and mental health treatment programs, de- and (A) if such official demonstrates to the satis- toxification centers, detention facilities, (4) by adding at the end the following para- faction of the Secretary that the population clinics regarding sexually transmitted dis- graph: is receiving HIV-related health services eases, homeless shelters, HIV disease coun- ‘‘(9) that the eligible area has procedures through the State medicaid program under seling and testing sites, health care points of in place to ensure that services provided title XIX of the Social Security Act, the entry specified by States or eligible areas, with funds received under this part meet the State children’s health insurance program federally qualified health centers, and enti- criteria specified in section 2604(b)(1).’’. under title XXI of such Act, or other Federal ties described in section 2652(a) that con- or State programs.’’. TITLE II—CARE GRANT PROGRAM stitute a point of access to services by main- (d) QUALITY MANAGEMENT.—Section 2604 of Subtitle A—General Grant Provisions taining referral relationships. the Public Health Service Act (42 U.S.C. SEC. 201. PRIORITY FOR WOMEN, INFANTS, AND ‘‘(2) CONDITIONS.—With respect to an entity 300ff–14) is amended— CHILDREN. that proposes to provide early intervention (1) by redesignating subsections (c) Section 2611(b) of the Public Health Serv- services under paragraph (1), such paragraph through (f) as subsections (d) through (g), re- ice Act (42 U.S.C. 300ff–21(b)) is amended to applies only if the entity demonstrates to spectively; and read as follows: the satisfaction of the State involved that— (2) by inserting after subsection (b) the fol- ‘‘(b) PRIORITY FOR WOMEN, INFANTS AND ‘‘(A) Federal, State, or local funds are oth- lowing: CHILDREN.— erwise inadequate for the early intervention ‘‘(c) QUALITY MANAGEMENT.— ‘‘(1) IN GENERAL.—For the purpose of pro- services the entity proposes to provide; and ‘‘(1) REQUIREMENT.—The chief elected offi- viding health and support services to infants, ‘‘(B) the entity will expend funds pursuant cial of an eligible area that receives a grant children, youth, and women with HIV dis- to such paragraph to supplement and not under this part shall provide for the estab- ease, including treatment measures to pre- supplant other funds available to the entity lishment of a quality management program vent the perinatal transmission of HIV, a for the provision of early intervention serv- to assess the extent to which HIV health State shall for each of such populations use, ices for the fiscal year involved. services provided to patients under the grant of the funds allocated under this part to the ‘‘(d) QUALITY MANAGEMENT.— are consistent with the most recent Public State for a fiscal year, not less than the per- ‘‘(1) REQUIREMENT.—Each State that re- Health Service guidelines for the treatment centage constituted by the ratio of the popu- ceives a grant under this part shall provide of HIV disease and related opportunistic in- lation involved (infants, children, youth, or for the establishment of a quality manage- fection, and as applicable, to develop strate- women in the State) with acquired immune ment program to assess the extent to which gies for ensuring that such services are con- deficiency syndrome to the general popu- HIV health services provided to patients sistent with the guidelines for improvement lation in the State of individuals with such under the grant are consistent with the most in the access to and quality of HIV health syndrome. recent Public Health Service guidelines for services. ‘‘(2) WAIVER.—With respect the population the treatment of HIV disease and related op- ‘‘(2) USE OF FUNDS.—From amounts re- involved, the Secretary may provide to a portunistic infection, and as applicable, to ceived under a grant awarded under this part State a waiver of the requirement of para- develop strategies for ensuring that such for a fiscal year, the chief elected official of graph (1) if the State demonstrates to the services are consistent with the guidelines an eligible area may (in addition to amounts satisfaction of the Secretary that the popu- for improvement in the access to and quality to which subsection (f)(1) applies) use for ac- lation is receiving HIV-related health serv- of HIV health services.

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.019 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8805

‘‘(2) USE OF FUNDS.—From amounts re- purchased or maintained under such para- by subsection (a) of this section, is amend- ceived under a grant awarded under this part graph do not exceed the costs of otherwise ed— for a fiscal year, the State may (in addition providing therapeutics described in sub- (1) in paragraph (5), by striking ‘‘HIV’’ and to amounts to which section 2618(b)(5) ap- section (a).’’. inserting ‘‘HIV disease’’; and plies) use for activities associated with the SEC. 205. STATE APPLICATION. (2) in paragraph (6), by amending subpara- quality management program required in (a) DETERMINATION OF SIZE AND NEEDS OF graph (A) to read as follows: paragraph (1) not more than the lesser of— POPULATION; COMPREHENSIVE PLAN.—Section ‘‘(A) the public health agency that is ad- ‘‘(A) 5 percent of amounts received under 2617(b) of the Public Health Service Act (42 ministering the grant for the State engages the grant; or U.S.C. 300ff–27(b)) is amended— in a public advisory planning process, includ- ‘‘(B) $3,000,000.’’. (1) by redesignating paragraphs (2) through ing public hearings, that includes the par- SEC. 203. GRANTS TO ESTABLISH HIV CARE CON- (4) as paragraphs (4) through (6), respec- ticipants under paragraph (5), and the types SORTIA. tively; of entities described in section 2602(b)(2), in Section 2613 of the Public Health Service (2) by inserting after paragraph (1) the fol- developing the comprehensive plan under Act (42 U.S.C. 300ff–23) is amended— lowing paragraphs: paragraph (4) and commenting on the imple- (1) in subsection (b)(1)— ‘‘(2) a determination of the size and demo- mentation of such plan;’’. (A) in subparagraph (A), by inserting be- graphics of the population of individuals (c) HEALTH CARE RELATIONSHIPS.—Section fore the semicolon the following: ‘‘, particu- with HIV disease in the State; 2617(b) of the Public Health Service Act, as larly those experiencing disparities in access ‘‘(3) a determination of the needs of such amended by subsection (a) of this section, is and services and those who reside in histori- population, with particular attention to— amended in paragraph (6)— cally underserved communities’’; and ‘‘(A) individuals with HIV disease who (1) in subparagraph (E), by striking ‘‘and’’ (B) in subparagraph (B), by inserting after know their HIV status and are not receiving at the end; ‘‘by such consortium’’ the following: ‘‘is con- HIV-related services; and (2) in subparagraph (F), by striking the pe- sistent with the comprehensive plan under ‘‘(B) disparities in access and services riod and inserting ‘‘; and’’; and 2617(b)(4) and’’; among affected subpopulations and histori- (3) by adding at the end the following sub- (2) in subsection (c)(1)— cally underserved communities;’’; and paragraph: (A) in subparagraph (D), by striking ‘‘and’’ (3) in paragraph (4) (as so redesignated)— ‘‘(G) entities within areas in which activi- after the semicolon at the end; (A) by striking ‘‘comprehensive plan for ties under the grant are carried out will (B) in subparagraph (E), by striking the pe- the organization’’ and inserting ‘‘comprehen- maintain appropriate relationships with en- riod and inserting ‘‘; and’’; and sive plan that describes the organization’’; tities in the area served that constitute key (C) by adding at the end the following sub- (B) by striking ‘‘, including—’’ and insert- points of access to the health care system for paragraph: ing ‘‘, and that—’’; individuals with HIV disease (including ‘‘(F) demonstrates that adequate planning (C) by redesignating subparagraphs (A) emergency rooms, substance abuse treat- occurred to address disparities in access and through (C) as subparagraphs (D) through ment programs, detoxification centers, adult services and historically underserved com- (F), respectively; and juvenile detention facilities, sexually munities.’’; and (D) by inserting before subparagraph (C) transmitted disease clinics, HIV counseling (3) in subsection (c)(2)— the following subparagraphs: and testing sites, mental health programs, (A) in subparagraph (B), by striking ‘‘and’’ ‘‘(A) establishes priorities for the alloca- and homeless shelters), and other entities after the semicolon; tion of funds within the State based on— under section 2612(c) and 2652(a), for the pur- ‘‘(i) size and demographics of the popu- (B) in subparagraph (C), by striking the pe- pose of facilitating early intervention for in- lation of individuals with HIV disease (as de- riod and inserting ‘‘; and’’; and dividuals newly diagnosed with HIV disease termined under paragraph (2)) and the needs (C) by inserting after subparagraph (C) the and individuals knowledgeable of their HIV of such population (as determined under following subparagraph: status but not in care.’’. paragraph (3)); ‘‘(D) the types of entities described in sec- ‘‘(ii) availability of other governmental SEC. 206. DISTRIBUTION OF FUNDS. tion 2602(b)(2).’’. and non-governmental resources, including (a) MINIMUM ALLOTMENT.—Section 2618 of SEC. 204. PROVISION OF TREATMENTS. the State medicaid plan under title XIX of the Public Health Service Act (42 U.S.C. (a) IN GENERAL.—Section 2616(c) of the the Social Security Act and the State Chil- 300ff–28) is amended— Public Health Service Act (42 U.S.C. 300ff– dren’s Health Insurance Program under title (1) by redesignating subsections (b) 26(c)) is amended— XXI of such Act to cover health care costs of through (e) as subsections (a) through (d), re- (1) in paragraph (4), by striking ‘‘and’’ eligible individuals and families with HIV spectively; and after the semicolon at the end; disease; (2) in subsection (a) (as so redesignated), in (2) in paragraph (5), by striking the period ‘‘(iii) capacity development needs resulting paragraph (1)(A)(i)— and inserting ‘‘; and’’; and from disparities in the availability of HIV- (A) in subclause (I), by striking ‘‘$100,000’’ (3) by inserting after paragraph (5) the fol- related services in historically underserved and inserting ‘‘$200,000’’; and lowing: communities and rural communities; and (B) in subclause (II), by striking ‘‘$250,000’’ ‘‘(6) encourage, support, and enhance ad- ‘‘(iv) the efficiency of the administrative and inserting ‘‘$500,000’’. herence to and compliance with treatment mechanism of the State for rapidly allo- (b) AMOUNT OF GRANT; ESTIMATE OF LIVING regimens, including related medical moni- cating funds to the areas of greatest need CASES.—Section 2618(a) of the Public Health toring. within the State; Service Act (as redesignated by subsection ‘‘Of the amount reserved by a State for a fis- ‘‘(B) includes a strategy for identifying in- (a)(1) of this section) is amended in para- cal year for use under this section, the State dividuals who know their HIV status and are graph (2)— may not use more than 5 percent to carry not receiving such services and for informing (1) in subparagraph (D)(i), by inserting be- out services under paragraph (6), except that the individuals of and enabling the individ- fore the semicolon the following: ‘‘, except the percentage applicable with respect to uals to utilize the services, giving particular that (subject to subparagraph (E)), for grants such paragraph is 10 percent if the State attention to eliminating disparities in access made pursuant to this paragraph or section demonstrates to the Secretary that such ad- and services among affected subpopulations 2620 for fiscal year 2005 and subsequent fiscal ditional services are essential and in no way and historically underserved communities, years, the cases counted for each 12-month diminish access to the therapeutics de- and including discrete goals, a timetable, period beginning on or after July 1, 2004, scribed in subsection (a).’’. and an appropriate allocation of funds; shall be cases of HIV disease (as reported to (b) HEALTH INSURANCE AND PLANS.—Sec- ‘‘(C) includes a strategy to coordinate the and confirmed by such Director) rather than tion 2616 of the Public Health Service Act (42 provision of such services with programs for cases of acquired immune deficiency syn- U.S.C. 300ff–26) is amended by adding at the HIV prevention (including outreach and drome’’; end the following subsection: early intervention) and for the prevention (2) by redesignating subparagraphs (E) ‘‘(e) USE OF HEALTH INSURANCE AND and treatment of substance abuse (including through (H) as subparagraphs (F) through (I), PLANS.— programs that provide comprehensive treat- respectively; and ‘‘(1) IN GENERAL.—In carrying out sub- ment services for such abuse);’’; (3) by inserting after subparagraph (D) the section (a), a State may expend a grant (E) in subparagraph (D) (as redesignated by following subparagraph: under this part to provide the therapeutics subparagraph (C) of this paragraph), by in- ‘‘(E) DETERMINATION OF SECRETARY REGARD- described in such subsection by paying on be- serting ‘‘describes’’ before ‘‘the services and ING DATA ON HIV CASES.—If under half of individuals with HIV disease the costs activities’’; 2603(a)(3)(D)(i) the Secretary determines that of purchasing or maintaining health insur- (F) in subparagraph (E) (as so redesig- data on cases of HIV disease are not suffi- ance or plans whose coverage includes a full nated), by inserting ‘‘provides’’ before ‘‘a de- ciently accurate and reliable, then notwith- range of such therapeutics and appropriate scription’’; and standing subparagraph (D) of this paragraph, primary care services. (G) in subparagraph (F) (as so redesig- for any fiscal year prior to fiscal year 2007 ‘‘(2) LIMITATION.—The authority estab- nated), by inserting ‘‘provides’’ before ‘‘a de- the references in such subparagraph to cases lished in paragraph (1) applies only to the ex- scription’’. of HIV disease do not have any legal effect.’’. tent that, for the fiscal year involved, the (b) PUBLIC PARTICIPATION.—Section 2617(b) (c) INCREASES IN FORMULA AMOUNT.—Sec- costs of the health insurance or plans to be of the Public Health Service Act, as amended tion 2618(a) of the Public Health Service Act

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.019 pfrm01 PsN: H04PT1 H8806 CONGRESSIONAL RECORD — HOUSE October 4, 2000 (as redesignated by subsection (a)(1) of this States to increase access to therapeutics de- ‘‘(2) demonstrate the existence in the State section) is amended— scribed in section 2616(a), as provided by the of an emerging community as defined in sub- (1) in paragraph (1)(A)(ii), by inserting be- State under section 2616(c)(2). section (d)(1); and fore the semicolon the following: ‘‘and then, ‘‘(II) ELIGIBLE STATES.—For purposes of ‘‘(3) submit the information described in as applicable, increased under paragraph subclause (I), a State described in this sub- subsection (c). (2)(H)’’; and clause is a State that, in accordance with ‘‘(c) REPORTING REQUIREMENTS.—A State (2) in paragraph (2)— criteria established by the Secretary, dem- that desires a grant under this section shall, (A) in subparagraph (A)(i), by striking onstrates a severe need for a grant under as part of the State application submitted ‘‘subparagraph (H)’’ and inserting ‘‘subpara- such subclause. In developing such criteria, under section 2617, submit a detailed descrip- graphs (H) and (I)’’; and the Secretary shall consider eligibility tion of the manner in which the State will (B) in subparagraph (H) (as redesignated by standards, formulary composition, and the use amounts received under the grant and of subsection (b)(2) of this section), by amend- number of eligible individuals at or below 200 the severity of need. Such description shall ing the subparagraph to read as follows: percent of the official poverty line to whom include— ‘‘(H) LIMITATION.— the State is unable to provide therapeutics ‘‘(1) a report concerning the dissemination ‘‘(i) IN GENERAL.—The Secretary shall en- described in section 2616(a). of supplemental funds under this section and sure that the amount of a grant awarded to ‘‘(III) STATE REQUIREMENTS.—The Sec- the plan for the utilization of such funds in a State or territory under section 2611 or retary may not make a grant to a State the emerging community; subparagraph (I)(i) for a fiscal year is not under this clause unless the State agrees ‘‘(2) a demonstration of the existing com- less than— that— mitment of local resources, both financial ‘‘(I) with respect to fiscal year 2001, 99 per- ‘‘(aa) the State will make available (di- and in-kind; cent; rectly or through donations from public or ‘‘(3) a demonstration that the State will ‘‘(II) with respect to fiscal year 2002, 98 per- private entities) non-Federal contributions maintain HIV-related activities at a level cent; toward the activities to carried out under that is equal to not less than the level of ‘‘(III) with respect to fiscal year 2003, 97 the grant in an amount equal to $1 for each such activities in the State for the 1-year pe- percent; $4 of Federal funds provided in the grant; and riod preceding the fiscal year for which the ‘‘(IV) with respect to fiscal year 2004, 96 ‘‘(bb) the State will not impose eligibility State is applying to receive a grant under percent; and requirements for services or scope of benefits this part; ‘‘(V) with respect to fiscal year 2005, 95 per- limitations under section 2616(a) that are ‘‘(4) a demonstration of the ability of the cent, more restrictive than such requirements in State to utilize such supplemental financial of the amount such State or territory re- effect as of January 1, 2000. resources in a manner that is immediately ceived for fiscal year 2000 under section 2611 ‘‘(IV) USE AND COORDINATION.—Amounts responsive and cost effective; or subparagraph (I)(i), respectively (notwith- made available under a grant under this ‘‘(5) a demonstration that the resources standing such subparagraph). In admin- clause shall only be used by the State to pro- will be allocated in accordance with the istering this subparagraph, the Secretary vide HIV/AIDS-related medications. The local demographic incidence of AIDS includ- shall, with respect to States or territories State shall coordinate the use of such ing appropriate allocations for services for that will under such section receive grants amounts with the amounts otherwise pro- infants, children, women, and families with in amounts that exceed the amounts that vided under section 2616(a) in order to maxi- HIV disease; such States received under such section or mize drug coverage. ‘‘(6) a demonstration of the inclusiveness subparagraph for fiscal year 2000, proportion- ‘‘(V) FUNDING.—For the purpose of making of the planning process, with particular em- ally reduce such amounts to ensure compli- grants under this clause, the Secretary shall phasis on affected communities and individ- ance with this subparagraph. In making such each fiscal year reserve 3 percent of the uals with HIV disease; and reductions, the Secretary shall ensure that amount referred to in clause (i) with respect ‘‘(7) a demonstration of the manner in no such State receives less than that State to section 2616, subject to subclause (VI). which the proposed services are consistent received for fiscal year 2000. ‘‘(VI) LIMITATION.—In reserving amounts with local needs assessments and the state- ‘‘(ii) RATABLE REDUCTION.—If the amount under subclause (V) and making grants wide coordinated statement of need. appropriated under section 2677 for a fiscal under this clause for a fiscal year, the Sec- ‘‘(d) DEFINITION OF EMERGING COMMUNITY.— year and available for grants under section retary shall ensure for each State that the In this section, the term ‘emerging commu- 2611 or subparagraph (I)(i) is less than the total of the grant under section 2611 for the nity’ means a metropolitan area— amount appropriated and available for fiscal State for the fiscal year and the grant under ‘‘(1) that is not eligible for a grant under year 2000 under section 2611 or subparagraph clause (i) for the State for the fiscal year is part A; and (I)(i), respectively, the limitation contained not less than such total for the State for the ‘‘(2) for which there has been reported to in clause (i) for the grants involved shall be preceding fiscal year.’’. the Director of the Centers for Disease Con- reduced by a percentage equal to the per- (f) TECHNICAL AMENDMENT.—Section 2618(a) trol and Prevention a cumulative total of be- centage of the reduction in such amounts ap- of the Public Health Service Act (as redesig- tween 500 and 1999 cases of acquired immune propriated and available.’’. nated by subsection (a)(1) of this section) is deficiency syndrome for the most recent pe- (d) TERRITORIES.—Section 2618(a) of the amended in paragraph (3)(B) by striking riod of 5 calendar years for which such data Public Health Service Act (as redesignated ‘‘and the Republic of the Marshall Islands’’ are available (except that, for fiscal year 2005 by subsection (a)(1) of this section) is amend- and inserting ‘‘the Republic of the Marshall and subsequent fiscal years, cases of HIV dis- ed in paragraph (1)(B) by inserting ‘‘the Islands, the Federated States of Micronesia, ease shall be counted rather than cases of ac- greater of $50,000 or’’ after ‘‘shall be’’. and the Republic of Palau, and only for pur- quired immune deficiency syndrome if cases (e) SEPARATE TREATMENT DRUG GRANTS.— poses of paragraph (1) the Commonwealth of of HIV disease are being counted for purposes Section 2618(a) of the Public Health Service Puerto Rico’’. of section 2618(a)(2)(D)(i)). ‘‘(e) FUNDING.— Act (as redesignated by subsection (a)(1) of SEC. 207. SUPPLEMENTAL GRANTS FOR CERTAIN this section and amended by subsection (b)(2) STATES. ‘‘(1) IN GENERAL.—Subject to paragraph (2), of this section) is amended in paragraph with respect to each fiscal year beginning Subpart I of part B of title XXVI of the with fiscal year 2001, the Secretary, to carry (2)(I)— Public Health Service Act (42 U.S.C. 300ff–11 (1) by redesignating clauses (i) and (ii) as out this section, shall utilize— et seq.) is amended— ‘‘(A) the greater of— subclauses (I) and (II), respectively; (1) by striking section 2621; and (2) by striking ‘‘(I) APPROPRIATIONS’’ and ‘‘(i) 25 percent of the amount appropriated (2) by inserting after section 2619 the fol- under 2677 to carry out part B, excluding the all that follows through ‘‘With respect to’’ lowing section: and inserting the following: amount appropriated under section ‘‘SEC. 2620. SUPPLEMENTAL GRANTS. ‘‘(I) APPROPRIATIONS FOR TREATMENT DRUG 2618(a)(2)(I), for such fiscal year that is in ex- PROGRAM.— ‘‘(a) IN GENERAL.—The Secretary shall cess of the amount appropriated to carry out ‘‘(i) FORMULA GRANTS.—With respect to’’; award supplemental grants to States deter- such part in fiscal year preceding the fiscal (3) in subclause (I) of clause (i) (as des- mined to be eligible under subsection (b) to year involved; or ignated by paragraphs (1) and (2)), by insert- enable such States to provide comprehensive ‘‘(ii) $5,000,000; ing before the semicolon the following: ‘‘, services of the type described in section to provide funds to States for use in emerg- less the percentage reserved under clause 2612(a) to supplement the services otherwise ing communities with at least 1000, but less (ii)(V)’’; and provided by the State under a grant under than 2000, cases of AIDS as reported to and (4) by adding at the end the following this subpart in emerging communities with- confirmed by the Director of the Centers for clause: in the State that are not eligible to receive Disease Control and Prevention for the five ‘‘(ii) SUPPLEMENTAL TREATMENT DRUG grants under part A. year period preceding the year for which the GRANTS.— ‘‘(b) ELIGIBILITY.—To be eligible to receive grant is being awarded; and ‘‘(I) IN GENERAL.—From amounts made a supplemental grant under subsection (a), a ‘‘(B) the greater of— available under subclause (V), the Secretary State shall— ‘‘(i) 25 percent of the amount appropriated shall make supplemental grants to States ‘‘(1) be eligible to receive a grant under under 2677 to carry out part B, excluding the described in subclause (II) to enable such this subpart; amount appropriated under section

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.019 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8807 2618(a)(2)(I), for such fiscal year that is in ex- for such disease in accordance with applica- ment under such subparagraph to reserve cess of the amount appropriated to carry out ble recommendations of the Secretary.’’; amounts ceases to apply. such part in fiscal year preceding the fiscal (2) by amending paragraph (2) to read as ‘‘(iii) In the case of a State that meets the year involved; or follows: conditions to receive amounts reserved ‘‘(ii) $5,000,000; ‘‘(2) FUNDING.— under subparagraph (B)(i)(II), the Secretary to provide funds to States for use in emerg- ‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— shall in making grants consider the fol- ing communities with at least 500, but less For the purpose of carrying out this sub- lowing factors: than 1000, cases of AIDS reported to and con- section, there are authorized to be appro- ‘‘(I) The extent of the reduction in the rate firmed by the Director of the Centers for Dis- priated $30,000,000 for each of the fiscal years of new cases of the perinatal transmission of ease Control and Prevention for the five year 2001 through 2005. Amounts made available HIV. period preceding the year for which the under section 2677 for carrying out this part ‘‘(II) The extent of the reduction in the grant is being awarded. are not available for carrying out this sec- rate of new cases of perinatal cases of ac- tion unless otherwise authorized. quired immune deficiency syndrome. ‘‘(2) TRIGGER OF FUNDING.—This section shall be effective only for fiscal years begin- ‘‘(B) ALLOCATIONS FOR CERTAIN STATES.— ‘‘(III) The overall incidence of cases of in- ning in the first fiscal year in which the ‘‘(i) IN GENERAL.—Of the amounts appro- fection with HIV among women of child- priated under subparagraph (A) for a fiscal amount appropriated under 2677 to carry out bearing age. year in excess of $10,000,000— ‘‘(IV) The overall incidence of cases of ac- part B, excluding the amount appropriated ‘‘(I) the Secretary shall reserve the appli- quired immune deficiency syndrome among under section 2618(a)(2)(I), exceeds by at least cable percentage under clause (iv) for mak- women of childbearing age. $20,000,000 the amount appropriated under ing grants under paragraph (1) both to States ‘‘(V) The higher acceptance rate of HIV 2677 to carry out part B in fiscal year 2000, described in clause (ii) and States described testing of pregnant women. excluding the amount appropriated under in clause (iii); and ‘‘(VI) The extent to which women and chil- section 2618(a)(2)(I). ‘‘(II) the Secretary shall reserve the re- dren with HIV disease are receiving HIV-re- ‘‘(3) MINIMUM AMOUNT IN FUTURE YEARS.— maining amounts for other States, taking lated health services. Beginning with the first fiscal year in which into consideration the factors described in ‘‘(VII) The extent to which HIV-exposed amounts provided for emerging communities subparagraph (C)(iii), except that this sub- children are receiving health services appro- under paragraph (1)(A) equals $5,000,000 and clause does not apply to any State that for priate to such exposure.’’; and under paragraph (1)(B) equals $5,000,000, the the fiscal year involved is receiving amounts (3) by adding at the end the following para- Secretary shall ensure that amounts made pursuant to subclause (I). graph: available under this section for the types of ‘‘(ii) REQUIRED TESTING OF NEWBORNS.—For ‘‘(4) MAINTENANCE OF EFFORT.—A condition emerging communities described in each purposes of clause (i)(I), the States described for the receipt of a grant under paragraph (1) such paragraph in subsequent fiscal years is in this clause are States that under law (in- is that the State involved agree that the at least $5,000,000. cluding under regulations or the discretion grant will be used to supplement and not ‘‘(4) DISTRIBUTION.—Grants under this sec- of State officials) have— supplant other funds available to the State tion for emerging communities shall be for- ‘‘(I) a requirement that all newborn infants to carry out the purposes of the grant.’’. mula grants. There shall be two categories of born in the State be tested for HIV disease (b) SPECIAL FUNDING RULE FOR FISCAL such formula grants, as follows: and that the biological mother of each such YEAR 2001.— ‘‘(A) One category of such grants shall be infant, and the legal guardian of the infant (1) IN GENERAL.—If for fiscal year 2001 the for emerging communities for which the cu- (if other than the biological mother), be in- amount appropriated under paragraph (2)(A) mulative total of cases for purposes of sub- formed of the results of the testing; or of section 2625(c) of the Public Health Serv- section (d)(2) is 999 or fewer cases. The grant ‘‘(II) a requirement that newborn infants ice Act is less than $14,000,000— made to such an emerging community for a born in the State be tested for HIV disease in (A) the Secretary of Health and Human fiscal year shall be the product of— circumstances in which the attending obste- Services shall, for the purpose of making ‘‘(i) an amount equal to 50 percent of the trician for the birth does not know the HIV grants under paragraph (1) of such section, amount available pursuant to this sub- status of the mother of the infant, and that reserve from the amount specified in para- section for the fiscal year involved; and the biological mother of each such infant, graph (2) of this subsection an amount equal ‘‘(ii) a percentage equal to the ratio con- and the legal guardian of the infant (if other to the difference between $14,000,000 and the stituted by the number of cases for such than the biological mother), be informed of amount appropriated under paragraph (2)(A) emerging community for the fiscal year over the results of the testing. of such section for such fiscal year (notwith- the aggregate number of such cases for such ‘‘(iii) MOST SIGNIFICANT REDUCTION IN CASES standing any other provision of this Act or year for all emerging communities to which OF PERINATAL TRANSMISSION.—For purposes the amendments made by this Act); this subparagraph applies. of clause (i)(I), the States described in this (B) the amount so reserved shall, for pur- ‘‘(B) The other category of formula grants clause are the following (exclusive of States poses of paragraph (2)(B)(i) of such section, shall be for emerging communities for which described in clause (ii)), as applicable: be considered to have been appropriated the cumulative total of cases for purposes of ‘‘(I) For fiscal years 2001 and 2002, the two under paragraph (2)(A) of such section; and subsection (d)(2) is 1000 or more cases. The States that, relative to other States, have (C) the percentage specified in paragraph grant made to such an emerging community the most significant reduction in the rate of (2)(B)(iv)(I) of such section is deemed to be 50 for a fiscal year shall be the product of— new cases of the perinatal transmission of percent. ‘‘(i) an amount equal to 50 percent of the HIV (as indicated by the number of such (2) ALLOCATION FROM INCREASES IN FUNDING amount available pursuant to this sub- cases reported to the Director of the Centers FOR PART B.—For purposes of paragraph (1), section for the fiscal year involved; and for Disease Control and Prevention for the the amount specified in this paragraph is the ‘‘(ii) a percentage equal to the ratio con- most recent periods for which the data are amount by which the amount appropriated stituted by the number of cases for such available). under section 2677 of the Public Health Serv- community for the fiscal year over the ag- ‘‘(II) For fiscal years 2003 and 2004, the ice Act for fiscal year 2001 and available for gregate number of such cases for the fiscal three States that have the most significant grants under section 2611 of such Act is an year for all emerging communities to which such reduction. increase over the amount so appropriated this subparagraph applies.’’. ‘‘(III) For fiscal year 2005, the four States and available for fiscal year 2000. Subtitle B—Provisions Concerning Preg- that have the most significant such reduc- SEC. 213. STUDY BY INSTITUTE OF MEDICINE. nancy and Perinatal Transmission of HIV tion. Subpart II of part B of title XXVI of the ‘‘(iv) APPLICABLE PERCENTAGE.—For pur- SEC. 211. REPEALS. Public Health Service Act, as amended by poses of clause (i), the applicable amount for section 211(3), is amended by adding at the Subpart II of part B of title XXVI of the a fiscal year is as follows: end the following section: Public Health Service Act (42 U.S.C. 300ff–33 ‘‘(I) For fiscal year 2001, 33 percent. et seq.) is amended— ‘‘SEC. 2628. RECOMMENDATIONS FOR REDUCING ‘‘(II) For fiscal year 2002, 50 percent. INCIDENCE OF PERINATAL TRANS- (1) in section 2626, by striking each of sub- ‘‘(III) For fiscal year 2003, 67 percent. MISSION. sections (d) through (f); ‘‘(IV) For fiscal year 2004, 75 percent. ‘‘(a) STUDY BY INSTITUTE OF MEDICINE.— (2) by striking sections 2627 and 2628; and ‘‘(V) For fiscal year 2005, 75 percent. ‘‘(1) IN GENERAL.—The Secretary shall re- (3) by redesignating section 2629 as section ‘‘(C) CERTAIN PROVISIONS.—With respect to quest the Institute of Medicine to enter into 2627. grants under paragraph (1) that are made an agreement with the Secretary under SEC. 212. GRANTS. with amounts reserved under subparagraph which such Institute conducts a study to (a) IN GENERAL.—Section 2625(c) of the (B) of this paragraph: provide the following: Public Health Service Act (42 U.S.C. 300ff–33) ‘‘(i) Such a grant may not be made in an ‘‘(A) For the most recent fiscal year for is amended— amount exceeding $4,000,000. which the information is available, a deter- (1) in paragraph (1), by inserting at the end ‘‘(ii) If pursuant to clause (i) or pursuant mination of the number of newborn infants the following subparagraph: to an insufficient number of qualifying appli- with HIV born in the United States with re- ‘‘(F) Making available to pregnant women cations for such grants (or both), the full spect to whom the attending obstetrician for with HIV disease, and to the infants of amount reserved under subparagraph (B) for the birth did not know the HIV status of the women with such disease, treatment services a fiscal year is not obligated, the require- mother.

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.020 pfrm01 PsN: H04PT1 H8808 CONGRESSIONAL RECORD — HOUSE October 4, 2000

‘‘(B) A determination for each State of any the test and provide the results to the indi- (b) CONFORMING AMENDMENTS.—Part C of barriers, including legal barriers, that pre- vidual without the individual disclosing his title XXVI of the Public Health Service Act vent or discourage an obstetrician from or her identity to the program. This subpara- (42 U.S.C. 300ff–41 et seq.), as amended by making it a routine practice to offer preg- graph may not be construed as affecting the subsection (a) of this section, is amended— nant women an HIV test and a routine prac- requirement of subparagraph (A) with re- (1) by redesignating subparts II and III as tice to test newborn infants for HIV disease spect to a health entity that treats an indi- subparts I and II, respectively; in circumstances in which the obstetrician vidual for HIV disease. (2) in section 2661(a), by striking ‘‘unless— does not know the HIV status of the mother ‘‘(3) The program under paragraph (1) is ’’ and all that follows through ‘‘(2) in the of the infant. carried out in accordance with the following: case of’’ and inserting ‘‘unless, in the case ‘‘(C) Recommendations for each State for ‘‘(A) Partners are provided with an appro- of’’; and reducing the incidence of cases of the priate opportunity to learn that the partners (3) in section 2664— perinatal transmission of HIV, including rec- have been exposed to HIV disease, subject to (A) in subsection (e)(5), by striking ‘‘2642(b) ommendations on removing the barriers subparagraph (B). or’’; identified under subparagraph (B). ‘‘(B) The State does not inform partners of (B) in subsection (f)(2), by striking ‘‘2642(b) If such Institute declines to conduct the the identity of the infected individuals in- or’’; and study, the Secretary shall enter into an volved. (C) by striking subsection (h). agreement with another appropriate public ‘‘(C) Counseling and testing for HIV disease Subtitle B—Categorical Grants or nonprofit private entity to conduct the are made available to the partners and to in- fected individuals, and such counseling in- SEC. 311. PREFERENCES IN MAKING GRANTS. study. Section 2653 of the Public Health Service cludes information on modes of transmission ‘‘(2) REPORT.—The Secretary shall ensure Act (42 U.S.C. 300ff–53) is amended by adding that, not later than 18 months after the ef- for the disease, including information on pre- natal and perinatal transmission and pre- at the end the following subsection: fective date of this section, the study re- ‘‘(d) CERTAIN AREAS.—Of the applicants venting transmission. quired in paragraph (1) is completed and a re- who qualify for preference under this sec- ‘‘(D) Counseling of infected individuals and port describing the findings made in the tion— their partners includes the provision of in- study is submitted to the appropriate com- ‘‘(1) the Secretary shall give preference to formation regarding therapeutic measures mittees of the Congress, the Secretary, and applicants that will expend the grant under for preventing and treating the deterioration the chief public health official of each of the section 2651 to provide early intervention of the immune system and conditions arising States. under such section in rural areas; and ‘‘(b) PROGRESS TOWARD RECOMMENDA- from the disease, and the provision of other prevention-related information. ‘‘(2) the Secretary shall give special con- TIONS.—In fiscal year 2004, the Secretary sideration to areas that are underserved with shall collect information from the States de- ‘‘(E) Referrals for appropriate services are provided to partners and infected individ- respect to such services.’’. scribing the actions taken by the States to- SEC. 312. PLANNING AND DEVELOPMENT ward meeting the recommendations specified uals, including referrals for support services and legal aid. GRANTS. for the States under subsection (a)(1)(C). (a) IN GENERAL.—Section 2654(c)(1) of the ‘‘(c) SUBMISSION OF REPORTS TO CON- ‘‘(F) Notifications under subparagraph (A) are provided in person, unless doing so is an Public Health Service Act (42 U.S.C. 300ff– GRESS.—The Secretary shall submit to the 54(c)(1)) is amended by striking ‘‘planning appropriate committees of the Congress re- unreasonable burden on the State. ‘‘(G) There is no criminal or civil penalty grants’’ and all that follows and inserting ports describing the information collected the following: ‘‘planning grants to public and under subsection (b).’’. on, or civil liability for, an infected indi- vidual if the individual chooses not to iden- nonprofit private entities for purposes of— Subtitle C—Certain Partner Notification tify the partners of the individual, or the in- ‘‘(A) enabling such entities to provide HIV Programs dividual does not otherwise cooperate with early intervention services; and SEC. 221. GRANTS FOR COMPLIANT PARTNER NO- such program. ‘‘(B) assisting the entities in expanding TIFICATION PROGRAMS. ‘‘(H) The failure of the State to notify their capacity to provide HIV-related health Part B of title XXVI of the Public Health partners is not a basis for the civil liability services, including early intervention serv- Service Act (42 U.S.C. 300ff–21 et seq.) is of any health entity who under the program ices, in low-income communities and af- amended by adding at the end the following reported to the State the identity of the in- fected subpopulations that are underserved subpart: fected individual involved. with respect to such services (subject to the ‘‘Subpart III—Certain Partner Notification ‘‘(I) The State provides that the provisions condition that a grant pursuant to this sub- Programs of the program may not be construed as pro- paragraph may not be expended to purchase ‘‘SEC. 2631. GRANTS FOR PARTNER NOTIFICA- hibiting the State from providing a notifica- or improve land, or to purchase, construct, TION PROGRAMS. tion under subparagraph (A) without the or permanently improve, other than minor ‘‘(a) IN GENERAL.—In the case of States consent of the infected individual involved. remodeling, any building or other facility).’’. whose laws or regulations are in accordance ‘‘(4) The State annually reports to the Di- (b) AMOUNT; DURATION.—Section 2654(c) of with subsection (b), the Secretary, subject to rector of the Centers for Disease Control and the Public Health Service Act (42 U.S.C. subsection (c)(2), may make grants to the Prevention the number of individuals from 300ff–54(c)) is further amended— States for carrying out programs to provide whom the names of partners have been (1) by redesignating paragraph (4) as para- partner counseling and referral services. sought under the program under paragraph graph (5); and ‘‘(b) DESCRIPTION OF COMPLIANT STATE PRO- (1), the number of such individuals who pro- (2) by inserting after paragraph (3) the fol- GRAMS.—For purposes of subsection (a), the vided the names of partners, and the number lowing: laws or regulations of a State are in accord- of partners so named who were notified ‘‘(4) AMOUNT AND DURATION OF GRANTS.— ance with this subsection if under such laws under the program. ‘‘(A) EARLY INTERVENTION SERVICES.—A or regulations (including programs carried ‘‘(5) The State cooperates with such Direc- grant under paragraph (1)(A) may be made in out pursuant to the discretion of State offi- tor in carrying out a national program of an amount not to exceed $50,000. cials) the following policies are in effect: partner notification, including the sharing of ‘‘(B) CAPACITY DEVELOPMENT.— ‘‘(1) The State requires that the public information between the public health offi- ‘‘(i) AMOUNT.—A grant under paragraph health officer of the State carry out a pro- cers of the States. (1)(B) may be made in an amount not to ex- gram of partner notification to inform part- ‘‘(c) REPORTING SYSTEM FOR CASES OF HIV ceed $150,000. ners of individuals with HIV disease that the DISEASE; PREFERENCE IN MAKING GRANTS.—In ‘‘(ii) DURATION.—The total duration of a partners may have been exposed to the dis- making grants under subsection (a), the Sec- grant under paragraph (1)(B), including any ease. retary shall give preference to States whose renewal, may not exceed 3 years.’’. ‘‘(2)(A) In the case of a health entity that reporting systems for cases of HIV disease (c) INCREASE IN LIMITATION.—Section provides for the performance on an indi- produce data on such cases that is suffi- 2654(c)(5) of the Public Health Service Act (42 vidual of a test for HIV disease, or that ciently accurate and reliable for use for pur- U.S.C. 300ff–54(c)(5)), as redesignated by sub- treats the individual for the disease, the poses of section 2618(a)(2)(D)(i). section (b), is amended by striking ‘‘1 per- State requires, subject to subparagraph (B), ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— cent’’ and inserting ‘‘5 percent’’. that the entity confidentially report the For the purpose of carrying out this section, SEC. 313. AUTHORIZATION OF APPROPRIATIONS. positive test results to the State public there are authorized to be appropriated Section 2655 of the Public Health Service health officer in a manner recommended and $30,000,000 for fiscal year 2001, and such sums Act (42 U.S.C. 300ff–55) is amended by strik- approved by the Director of the Centers for as may be necessary for each of the fiscal ing ‘‘in each of’’ and all that follows and in- Disease Control and Prevention, together years 2002 through 2005.’’. serting ‘‘for each of the fiscal years 2001 with such additional information as may be TITLE III—EARLY INTERVENTION through 2005.’’. necessary for carrying out such program. SERVICES Subtitle C—General Provisions ‘‘(B) The State may provide that the re- Subtitle A—Formula Grants for States SEC. 321. PROVISION OF CERTAIN COUNSELING quirement of subparagraph (A) does not SEC. 301. REPEAL OF PROGRAM. SERVICES. apply to the testing of an individual for HIV (a) REPEAL.—Subpart I of part C of title Section 2662(c)(3) of the Public Health disease if the individual underwent the test- XXVI of the Public Health Service Act (42 Service Act (42 U.S.C. 300ff–62(c)(3)) is ing through a program designed to perform U.S.C. 300ff–41 et seq.) is repealed. amended—

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.020 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8809 (1) in the matter preceding subparagraph extent to which HIV health services provided (C) in subparagraph (C), by striking the pe- (A), by striking ‘‘counseling on—’’ and in- to patients under the grant are consistent riod and inserting ‘‘; and’’; and serting ‘‘counseling—’’; with the most recent Public Health Service (D) by adding at the end the following: (2) in each of subparagraphs (A), (B), and guidelines for the treatment of HIV disease ‘‘(D) to develop protocols for the medical (D), by inserting ‘‘on’’ after the subpara- and related opportunistic infection, and as care of women with HIV disease, including graph designation; and applicable, to develop strategies for ensuring prenatal and other gynecological care for (3) in subparagraph (C)— that such services are consistent with the such women.’’. (A) by striking ‘‘(C) the benefits’’ and in- guidelines for improvement in the access to (2) DISSEMINATION OF TREATMENT GUIDE- serting ‘‘(C)(i) that explains the benefits’’; and quality of HIV health services.’’. LINES; MEDICAL CONSULTATION ACTIVITIES.— and (d) COORDINATION.—Section 2671(g) (42 Not later than 90 days after the date of the (B) by inserting after clause (i) (as des- U.S.C. 300ff–71(g)) is amended by adding at enactment of this Act, the Secretary of ignated by subparagraph (A) of this para- the end the following: ‘‘The Secretary acting Health and Human Services shall issue and graph) the following clause: through the Director of NIH, shall examine begin implementation of a strategy for the ‘‘(ii) that emphasizes it is the duty of in- the distribution and availability of ongoing dissemination of HIV treatment information fected individuals to disclose their infected and appropriate HIV/AIDS-related research to health care providers and patients. status to their sexual partners and their projects to existing sites under this section (b) DENTAL SCHOOLS.—Section 2692(b) of partners in the sharing of hypodermic nee- for purposes of enhancing and expanding vol- the Public Health Service Act (42 U.S.C. dles; that provides advice to infected individ- untary access to HIV-related research, espe- 300ff–111(b)) is amended— uals on the manner in which such disclosures cially within communities that are not rea- (1) by amending paragraph (1) to read as sonably served by such projects. Not later can be made; and that emphasizes that it is follows: than 12 months after the date of enactment the continuing duty of the individuals to ‘‘(1) IN GENERAL.— of the Ryan White CARE Act Amendments of avoid any behaviors that will expose others ‘‘(A) GRANTS.—The Secretary may make 2000, the Secretary shall prepare and submit to HIV.’’. grants to dental schools and programs de- to the appropriate committees of Congress a scribed in subparagraph (B) to assist such SEC. 322. ADDITIONAL REQUIRED AGREEMENTS. report that describes the findings made by schools and programs with respect to oral Section 2664(g) of the Public Health Serv- the Director and the manner in which the health care to patients with HIV disease. ice Act (42 U.S.C. 300ff–64(g)) is amended— conclusions based on those findings can be ‘‘(B) ELIGIBLE APPLICANTS.—For purposes (1) in paragraph (3)— addressed.’’. of this subsection, the dental schools and (A) by striking ‘‘7.5 percent’’ and inserting (e) ADMINISTRATIVE EXPENSES.—Section programs referred to in this subparagraph ‘‘10 percent’’; and 2671 of the Public Health Service Act (42 are dental schools and programs that were (B) by striking ‘‘and’’ after the semicolon U.S.C. 300ff–71) is amended— described in section 777(b)(4)(B) as such sec- at the end; (1) by redesignating subsections (i) and (j) tion was in effect on the day before the date (2) in paragraph (4), by striking the period as subsections (j) and (k), respectively; and of the enactment of the Health Professions and inserting ‘‘; and’’; and (2) by inserting after subsection (h) the fol- Education Partnerships Act of 1998 (Public (3) by adding at the end the following para- lowing subsection: Law 105–392) and in addition dental hygiene graph: ‘‘(i) LIMITATION ON ADMINISTRATIVE EX- programs that are accredited by the Com- ‘‘(5) the applicant will provide for the es- PENSES.— mission on Dental Accreditation.’’; tablishment of a quality management pro- ‘‘(1) DETERMINATION BY SECRETARY.—Not (2) in paragraph (2), by striking gram— later than 12 months after the date of enact- ‘‘777(b)(4)(B)’’ and inserting ‘‘the section re- ‘‘(A) to assess the extent to which medical ment of the Ryan White Care Act Amend- ferred to in paragraph (1)(B)’’; and services funded under this title that are pro- ments of 2000, the Secretary, in consultation (3) by inserting after paragraph (4) the fol- vided to patients are consistent with the with grantees under this part, shall conduct lowing paragraph: a review of the administrative, program sup- most recent Public Health Service guidelines ‘‘(5) COMMUNITY-BASED CARE.—The Sec- for the treatment of HIV disease and related port, and direct service-related activities retary may make grants to dental schools opportunistic infections, and as applicable, that are carried out under this part to ensure and programs described in paragraph (1)(B) to develop strategies for ensuring that such that eligible individuals have access to qual- that partner with community-based dentists services are consistent with the guidelines; ity, HIV-related health and support services to provide oral health care to patients with and and research opportunities under this part, HIV disease in unserved areas. Such partner- ‘‘(B) to ensure that improvements in the and to support the provision of such services. ships shall permit the training of dental stu- access to and quality of HIV health services ‘‘(2) REQUIREMENTS.— dents and residents and the participation of are addressed.’’. ‘‘(A) IN GENERAL.—Not later than 180 days community dentists as adjunct faculty.’’. after the expiration of the 12-month period TITLE IV—OTHER PROGRAMS AND (c) AUTHORIZATION OF APPROPRIATIONS.— referred to in paragraph (1) the Secretary, in ACTIVITIES (1) SCHOOLS; CENTERS.—Section 2692(c)(1) of consultation with grantees under this part, the Public Health Service Act (42 U.S.C. Subtitle A—Certain Programs for Research, shall determine the relationship between the Demonstrations, or Training 300ff–111(c)(1)) is amended by striking ‘‘fiscal costs of the activities referred to in para- years 1996 through 2000’’ and inserting ‘‘fiscal SEC. 401. GRANTS FOR COORDINATED SERVICES graph (1) and the access of eligible individ- years 2001 through 2005’’. AND ACCESS TO RESEARCH FOR uals to the services and research opportuni- (2) DENTAL SCHOOLS.—Section 2692(c)(2) of WOMEN, INFANTS, CHILDREN, AND ties described in such paragraph. YOUTH. the Public Health Service Act (42 U.S.C. ‘‘(B) LIMITATION.—After a final determina- 300ff–111(c)(2)) is amended to read as follows: (a) ELIMINATION OF REQUIREMENT TO EN- tion under subparagraph (A), the Secretary ROLL SIGNIFICANT NUMBERS OF WOMEN AND ‘‘(2) DENTAL SCHOOLS.— may not make a grant under this part unless ‘‘(A) IN GENERAL.—For the purpose of CHILDREN.—Section 2671(b) (42 U.S.C. 300ff– the grantee complies with such requirements 71(b)) is amended— grants under paragraphs (1) through (4) of as may be included in such determination.’’. subsection (b), there are authorized to be ap- (1) in paragraph (1), by striking subpara- (f) AUTHORIZATION OF APPROPRIATIONS.— graphs (C) and (D) and inserting the fol- propriated such sums as may be necessary Section 2671 of the Public Health Service Act for each of the fiscal years 2001 through 2005. lowing: (42 U.S.C. 300ff–71) is amended in subsection ‘‘(B) COMMUNITY-BASED CARE.—For the pur- ‘‘(C) The applicant will demonstrate link- (j) (as redesignated by subsection (e)(1) of pose of grants under subsection (b)(5), there ages to research and how access to such re- this section) by striking ‘‘fiscal years 1996 are authorized to be appropriated such sums search is being offered to patients.’’; and through 2000’’ and inserting ‘‘fiscal years 2001 as may be necessary for each of the fiscal (2) by striking paragraphs (3) and (4). through 2005’’. years 2001 through 2005.’’. (b) INFORMATION AND EDUCATION.—Section SEC. 402. AIDS EDUCATION AND TRAINING CEN- 2671(d) (42 U.S.C. 300ff–71(d)) is amended by TERS. Subtitle B—General Provisions in Title XXVI adding at the end the following: (a) SCHOOLS; CENTERS.— SEC. 411. EVALUATIONS AND REPORTS. ‘‘(4) The applicant will provide individuals (1) IN GENERAL.—Section 2692(a)(1) of the Section 2674(c) of the Public Health Serv- with information and education on opportu- Public Health Service Act (42 U.S.C. 300ff– ice Act (42 U.S.C. 300ff–74(c)) is amended by nities to participate in HIV/AIDS-related 111(a)(1)) is amended— striking ‘‘1991 through 1995’’ and inserting clinical research.’’. (A) in subparagraph (A)— ‘‘2001 through 2005’’. (c) QUALITY MANAGEMENT; ADMINISTRATIVE (i) by striking ‘‘training’’ and inserting ‘‘to SEC. 412. DATA COLLECTION THROUGH CENTERS EXPENSES CEILING.—Section 2671(f) (42 U.S.C. train’’; FOR DISEASE CONTROL AND PRE- 300ff–71(f)) is amended— (ii) by striking ‘‘and including’’ and insert- VENTION. (1) by striking the subsection heading and ing ‘‘, including’’; and Part B of title III of the Public Health designation and inserting the following: (iii) by inserting before the semicolon the Service Act (42 U.S.C. 243 et seq.) is amended ‘‘(f) ADMINISTRATION.— following: ‘‘, and including (as applicable to by inserting after section 318A the following ‘‘(1) APPLICATION.—’’; and the type of health professional involved), section: (2) by adding at the end the following: prenatal and other gynecological care for ‘‘DATA COLLECTION REGARDING PROGRAMS ‘‘(2) QUALITY MANAGEMENT PROGRAM.—A women with HIV disease’’; UNDER TITLE XXVI grantee under this section shall implement a (B) in subparagraph (B), by striking ‘‘and’’ ‘‘SEC. 318B. For the purpose of collecting quality management program to assess the after the semicolon at the end; and providing data for program planning and

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.020 pfrm01 PsN: H04PT1 H8810 CONGRESSIONAL RECORD — HOUSE October 4, 2000 evaluation activities under title XXVI, there ance with the procedures of section 7502 of stitute of Medicine to enter into an agree- are authorized to be appropriated to the Sec- title 31, United States Code. The Secretary ment with the Secretary under which such retary (acting through the Director of the shall annually select representative samples Institute conducts a study to provide the fol- Centers for Disease Control and Prevention) of such audits, prepare summaries of the se- lowing: such sums as may be necessary for each of lected audits, and submit the summaries to (1) A determination of whether the surveil- the fiscal years 2001 through 2005. Such au- the Congress.’’. lance system of each of the States regarding thorization of appropriations is in addition SEC. 416. ADMINISTRATIVE SIMPLIFICATION. the human immunodeficiency virus provides to other authorizations of appropriations Part D of title XXVI of the Public Health for the reporting of cases of infection with that are available for such purpose.’’. Service Act, as amended by section 415 of the virus in a manner that is sufficient to SEC. 413. COORDINATION. this Act, is amended by inserting after sec- provide adequate and reliable information on Section 2675 of the Public Health Service tion 2675A the following section: the number of such cases and the demo- Act (42 U.S.C. 300ff–75) is amended— ‘‘SEC. 2675B. ADMINISTRATIVE SIMPLIFICATION graphic characteristics of such cases, both (1) by amending subsection (a) to read as REGARDING PARTS A AND B. for the State in general and for specific geo- follows: ‘‘(a) COORDINATED DISBURSEMENT.—After graphic areas in the State. ‘‘(a) REQUIREMENT.—The Secretary shall consultation with the States, with eligible (2) A determination of whether such infor- ensure that the Health Resources and Serv- areas under part A, and with entities that re- mation is sufficiently accurate for purposes ices Administration, the Centers for Disease ceive amounts from grants under part A or of formula grants under parts A and B of Control and Prevention, the Substance B, the Secretary shall develop a plan for co- title XXVI of the Public Health Service Act. Abuse and Mental Health Services Adminis- ordinating the disbursement of appropria- (3) With respect to any State whose sur- tration, and the Health Care Financing Ad- tions for grants under part A with the dis- veillance system does not provide adequate ministration coordinate the planning, fund- bursement of appropriations for grants under and reliable information on cases of infec- ing, and implementation of Federal HIV pro- part B in order to assist grantees and other tion with the virus, recommendations re- grams to enhance the continuity of care and recipients of amounts from such grants in garding the manner in which the State can prevention services for individuals with HIV complying with the requirements of such improve the system. disease or those at risk of such disease. The parts. The Secretary shall submit the plan to (b) RELATIONSHIP BETWEEN EPIDEMIOLOG- Secretary shall consult with other Federal the Congress not later than 18 months after ICAL MEASURES AND HEALTH CARE FOR CER- agencies, including the Department of Vet- the date of the enactment of the Ryan White TAIN INDIVIDUALS WITH HIV DISEASE.— erans Affairs, as needed and utilize planning CARE Act Amendments of 2000. Not later (1) IN GENERAL.—The Secretary shall re- information submitted to such agencies by than 2 years after the date on which the plan quest the Institute of Medicine to enter into the States and entities eligible for support.’’; is so submitted, the Secretary shall complete an agreement with the Secretary under (2) by redesignating subsections (b) and (c) the implementation of the plan, notwith- which such Institute conducts a study con- as subsections (c) and (d), respectively; standing any provision of this title that is cerning the appropriate epidemiological (3) by inserting after subsection (b) the fol- inconsistent with the plan. measures and their relationship to the fi- lowing subsection: ‘‘(b) BIENNIAL APPLICATIONS.—After con- nancing and delivery of primary care and ‘‘(b) REPORT.—The Secretary shall bienni- sultation with the States, with eligible areas health-related support services for low-in- ally prepare and submit to the appropriate under part A, and with entities that receive come, uninsured, and under-insured individ- committees of the Congress a report con- amounts from grants under part A or B, the uals with HIV disease. cerning the coordination efforts at the Fed- Secretary shall make a determination of (2) ISSUES TO BE CONSIDERED.—The Sec- eral, State, and local levels described in this whether the administration of parts A and B retary shall ensure that the study under section, including a description of Federal by the Secretary, and the efficiency of grant- paragraph (1) considers the following: barriers to HIV program integration and a ees under such parts in complying with the (A) The availability and utility of health strategy for eliminating such barriers and requirements of such parts, would be im- outcomes measures and data for HIV pri- enhancing the continuity of care and preven- proved by requiring that applications for mary care and support services and the ex- tion services for individuals with HIV disease grants under such parts be submitted bienni- tent to which those measures and data could or those at risk of such disease.’’; and ally rather than annually. The Secretary be used to measure the quality of such fund- (4) in each of subsections (c) and (d) (as re- shall submit such determination to the Con- ed services. designated by paragraph (2) of this section), gress not later than 2 years after the date of (B) The effectiveness and efficiency of serv- by inserting ‘‘and prevention services’’ after the enactment of the Ryan White CARE Act ice delivery (including the quality of serv- ‘‘continuity of care’’ each place such term Amendments of 2000. ices, health outcomes, and resource use) appears. ‘‘(c) APPLICATION SIMPLIFICATION.—After within the context of a changing health care SEC. 414. PLAN REGARDING RELEASE OF PRIS- consultation with the States, with eligible and therapeutic environment, as well as the ONERS WITH HIV DISEASE. areas under part A, and with entities that re- changing epidemiology of the epidemic, in- Section 2675 of the Public Health Service ceive amounts from grants under part A or cluding determining the actual costs, poten- Act, as amended by section 413(2) of this Act, B, the Secretary shall develop a plan for sim- tial savings, and overall financial impact of is amended by adding at the end the fol- plifying the process for applications under modifying the program under title XIX of lowing subsection: parts A and B. The Secretary shall submit the Social Security Act to establish eligi- ‘‘(e) RECOMMENDATIONS REGARDING RE- the plan to the Congress not later than 18 bility for medical assistance under such title LEASE OF PRISONERS.—After consultation months after the date of the enactment of on the basis of infection with the human im- with the Attorney General and the Director the Ryan White CARE Act Amendments of munodeficiency virus rather than providing of the Bureau of Prisons, with States, with 2000. Not later than 2 years after the date on such assistance only if the infection has pro- eligible areas under part A, and with entities which the plan is so submitted, the Sec- gressed to acquired immune deficiency syn- that receive amounts from grants under part retary shall complete the implementation of drome. A or B, the Secretary, consistent with the the plan, notwithstanding any provision of (C) Existing and needed epidemiological coordination required in subsection (a), shall this title that is inconsistent with the data and other analytic tools for resource develop a plan for the medical case manage- plan.’’. planning and allocation decisions, specifi- ment of and the provision of support services cally for estimating severity of need of a to individuals who were Federal or State SEC. 417. AUTHORIZATION OF APPROPRIATIONS FOR PARTS A AND B. community and the relationship to the allo- prisoners and had HIV disease as of the date Section 2677 of the Public Health Service cations process. on which the individuals were released from Act (42 U.S.C. 300ff–77) is amended to read as (D) Other factors determined to be relevant the custody of the penal system. The Sec- follows: to assessing an individual’s or community’s retary shall submit the plan to the Congress ability to gain and sustain access to quality not later than 2 years after the date of the ‘‘SEC. 2677. AUTHORIZATION OF APPROPRIA- HIV services. enactment of the Ryan White CARE Act TIONS. Amendments of 2000.’’. ‘‘(a) PART A.—For the purpose of carrying (c) OTHER ENTITIES.—If the Institute of out part A, there are authorized to be appro- SEC. 415. AUDITS. Medicine declines to conduct a study under priated such sums as may be necessary for Part D of title XXVI of the Public Health this section, the Secretary shall enter into each of the fiscal years 2001 through 2005. Service Act (42 U.S.C. 300ff–71 et seq.) is an agreement with another appropriate pub- ‘‘(b) PART B.—For the purpose of carrying amended by inserting after section 2675 the lic or nonprofit private entity to conduct the out part B, there are authorized to be appro- following section: study. priated such sums as may be necessary for ‘‘SEC. 2675A. AUDITS. each of the fiscal years 2001 through 2005.’’. (d) REPORT.—The Secretary shall ensure ‘‘For fiscal year 2002 and subsequent fiscal that— years, the Secretary may reduce the TITLE V—GENERAL PROVISIONS (1) not later than 3 years after the date of amounts of grants under this title to a State SEC. 501. STUDIES BY INSTITUTE OF MEDICINE. the enactment of this Act, the study re- or political subdivision of a State for a fiscal (a) STATE SURVEILLANCE SYSTEMS ON PREV- quired in subsection (a) is completed and a year if, with respect to such grants for the ALENCE OF HIV.—The Secretary of Health report describing the findings made in the second preceding fiscal year, the State or and Human Services (referred to in this sec- study is submitted to the appropriate com- subdivision fails to prepare audits in accord- tion as the ‘‘Secretary’’) shall request the In- mittees of the Congress; and

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.020 pfrm01 PsN: H04PT1 October 4, 2000 CONGRESSIONAL RECORD — HOUSE H8811 (2) not later than 2 years after the date of distribution of rapid HIV tests. The report nancy and whose HIV status is not known to the enactment of this Act, the study re- shall— the attending obstetrician. quired in subsection (b) is completed and a (A) assess the public health need for and SEC. 503. TECHNICAL CORRECTIONS. report describing the findings made in the public health benefits of rapid HIV tests, in- (a) PUBLIC HEALTH SERVICE ACT.—Title study is submitted to such committees. cluding the minimization of false positive re- XXVI of the Public Health Service Act (42 SEC. 502. DEVELOPMENT OF RAPID HIV TEST. sults through the availability of multiple U.S.C. 300ff–11 et seq.) is amended— (a) EXPANSION, INTENSIFICATION, AND CO- rapid HIV tests; (1) in section 2605(d)— ORDINATION OF RESEARCH AND OTHER ACTIVI- (B) make recommendations regarding the (A) in paragraph (1), by striking ‘‘section TIES.— need for the expedited review of rapid HIV 2608’’ and inserting ‘‘section 2677’’; and (1) IN GENERAL.—The Director of NIH shall test applications submitted to the Center for (B) in paragraph (4), by inserting ‘‘section’’ expand, intensify, and coordinate research Biologics Evaluation and Research and, if before 2601(a)’’; and and other activities of the National Insti- such recommendations are favorable, specify (2) in section 2673(a), in the matter pre- tutes of Health with respect to the develop- criteria and procedures for such expedited ceding paragraph (1), by striking ‘‘the Agen- ment of reliable and affordable tests for HIV review; and cy for Health Care Policy and Research’’ and disease that can rapidly be administered and (C) specify whether the barriers to the pre- inserting ‘‘the Director of the Agency for whose results can rapidly be obtained (in market review of rapid HIV tests include the Healthcare Research and Quality’’. this section referred to a ‘‘rapid HIV test’’). unnecessary application of requirements— (b) RELATED ACT.—The first paragraph (2) (2) REPORT TO CONGRESS.—The Director of (i) necessary to ensure the efficacy of de- of section 3(c) of the Ryan White Care Act NIH shall periodically submit to the appro- vices for donor screening to rapid HIV tests Amendments of 1996 (Public Law 104–146; 110 priate committees of Congress a report de- intended for use in other screening situa- Stat. 1354) is amended in subparagraph scribing the research and other activities tions; or (A)(iii) by striking ‘‘by inserting the fol- conducted or supported under paragraph (1). (ii) for identifying antibodies to HIV lowing new paragraph:’’ and inserting ‘‘by (3) AUTHORIZATION OF APPROPRIATIONS.— subtypes of rare incidence in the United inserting before paragraph (2) (as so redesig- For the purpose of carrying out this sub- States to rapid HIV tests intended for use in nated) the following new paragraph’’. screening situations other than donor section, there are authorized to be appro- TITLE VI—EFFECTIVE DATE priated such sums as may be necessary for screening. SEC. 601. EFFECTIVE DATE. each of the fiscal years 2001 through 2005. (c) GUIDELINES OF CENTERS FOR DISEASE This Act and the amendments made by (b) PREMARKET REVIEW OF RAPID HIV CONTROL AND PREVENTION.—Promptly after this Act take effect October 1, 2000, or upon TESTS.— commercial distribution of a rapid HIV test (1) IN GENERAL.—Not later than 90 days the date of the enactment of this Act, which- begins, the Secretary, acting through the Di- after the date of the enactment of this Act, ever occurs later. rector of the Centers for Disease Control and the Secretary, in consultation with the Di- rector of the Centers for Disease Control and Prevention, shall establish or update guide- Amend the title so as to read: ‘‘A bill to Prevention and the Commissioner of Food lines that include recommendations for amend the Public Health Service Act to re- and Drugs, shall submit to the appropriate States, hospitals, and other appropriate enti- vise and extend programs established under committees of the Congress a report describ- ties regarding the ready availability of such the Ryan White Comprehensive AIDS Re- ing the progress made towards, and barriers tests for administration to pregnant women sources Emergency Act of 1990, and for other to, the premarket review and commercial who are in labor or in the late stage of preg- purposes.’’.

VerDate 02-OCT-2000 01:44 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A04OC7.020 pfrm01 PsN: H04PT1 E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 106th CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, WEDNESDAY, OCTOBER 4, 2000 No. 122 Senate (Legislative day of Friday, September 22, 2000)

The Senate met at 9:30 a.m., on the PLEDGE OF ALLEGIANCE my remarks. I also believe Senator expiration of the recess, and was called The Honorable WAYNE ALLARD, a GORTON, who will be managing the In- to order by the President pro tempore Senator from the State of Colorado, led terior appropriations bill, is expected [Mr. THURMOND]. the Pledge of Allegiance, as follows: to come over and may ask to interrupt PRAYER I pledge allegiance to the Flag of the the presentation at that time. United States of America, and to the Repub- Mr. REID. Mr. President, if the Sen- The Chaplain, Dr. Lloyd John lic for which it stands, one nation under God, Ogilvie, offered the following prayer: indivisible, with liberty and justice for all. ator from Alaska will yield, it is my Gracious Father, help us to live be- f understanding the Senator from Alas- yond the meager resources of our ka requires about 25 minutes to speak adequacies and learn that You are to- RECOGNITION OF THE ACTING as in morning business. tally reliable when we trust You com- MAJORITY LEADER pletely. You constantly lead us into Mr. MURKOWSKI. I am not sure The PRESIDING OFFICER (Mr. AL- challenges and opportunities that are what my time is. I would like to be al- LARD). The Senator from Alaska. beyond our strength and experience. lotted enough time to complete my f We know that in every circumstance, presentation. I imagine it would be You provide us with exactly what we SCHEDULE within that general timeframe. I will need. Mr. MURKOWSKI. Mr. President, try to get to the point because I know Looking back over our lives, we there are other Members who want to know that we could not have made it today the Senate will resume consider- be heard this morning. without Your intervention and inspira- ation of the conference report to ac- tion. And when we settle back on a company H.R. 4578, the Interior appro- Mr. REID. Mr. President, we are comfortable plateau of satisfaction, priations bill. It is hoped that all de- going to the Interior appropriations suddenly You press us on to new levels bate and a vote on the conference re- bill. I ask unanimous consent that port can be completed by midafter- of adventure and leadership. You are whatever time is consumed by the Sen- the disturber of false peace, the devel- noon. Following the disposition of the Interior appropriations legislation, the ator from Alaska, we be allowed the oper of dynamic character, and the same amount of time to speak as in ever present deliverer when we attempt Senate may begin consideration of any morning business on this side, with the what we could not do on our own. other conference report available for May this be a day in which we at- action or the continuing resolution Senator from New York requiring 15 tempt something beyond our human which continues Government funding minutes, and I would reserve whatever adequacy and discover that You are through October 14. I encourage those time is remaining to keep up with the able to provide the power to pull it off. Senators with statements regarding time the Senator from Alaska uses. Give us a fresh burst of excitement for the Interior appropriations conference The PRESIDING OFFICER. Is there report to come to the floor as soon as the duties of this day so that we will be objection? able to serve courageously. Indeed, we possible during today’s session. I thank will attempt great things for You and my colleagues for their cooperation. Mr. MURKOWSKI. Mr. President, expect great things from You. You are I believe Senator SCHUMER has asked what is the allotted time for morning our Lord and Saviour. Amen. to be recognized upon the conclusion of business today?

N O T I C E Effective January 1, 2001, the subscription price of the Congressional Record will be $393 per year or $197 for six months. Individual issues may be purchased for $4.00 per copy. The cost for the microfiche edition will remain $141 per year with single copies remaining $1.50 per issue. This price increase is necessary based upon the cost of printing and distribution. Michael F. DiMario, Public Printer

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

S9787

.

VerDate 02-OCT-2000 01:00 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 8633 E:\CR\FM\A04OC6.000 pfrm02 PsN: S04PT1 S9788 CONGRESSIONAL RECORD — SENATE October 4, 2000 The PRESIDING OFFICER. There is oil—10 days ago it was up to an all- the assumption that perhaps our oil in- no allotted time. time high in 10 years of $37; it dropped dustry was simply benevolent when Mr. MURKOWSKI. I gather that the down with the SPR release; now it is they were selling at $10 a barrel a little minority whip would like equal time. coming up again—the American public more than a year ago. They are not so Mr. REID. Yes. is becoming aware of how crucial not benevolent now because, obviously, Mr. MURKOWSKI. I have no objec- our dependence on imported oil nec- they don’t set the price. It is a supply tion. essarily is but the general concern that and demand issue. The PRESIDING OFFICER. Without we have sacrificed our traditional areas When the Vice President said we objection, it is so ordered. of dependence on energy, whether it be needed to get serious about the energy f coal, nuclear, or hydro, for a policy crisis, I think it is apparent that there that has been fostered by this adminis- has been a lack of attention during this THE PRESIDENTIAL DEBATE AND in the administration, because Con- ENERGY POLICY tration that directs everything towards utilization of natural gas. gress has acted. Specifically, Congress Mr. MURKOWSKI. Mr. President, As a consequence, we have seen the passed legislation granting deep water like millions of Americans last night, I price of natural gas rise from $2.16 per royalty relief. Congress passed legisla- watched the Presidential debate with a thousand cubic feet 10 months ago to tion to help our domestic oil and gas great deal of interest. It was one of the better than $5.00 in the last quotes that industry through tax incentives, which more memorable debates in recent his- have come out within the last couple they vetoed. Congress passed legisla- tory for a number of reasons. weeks. We have seen a tremendous in- tion that would handle the country’s First, of course, as a Republican, I crease in the dependence on natural nuclear waste, which they vetoed. Con- was very proud of the job that Gov- gas at the expense of all our other en- gress passed legislation to open up the ernor Bush did. It is probably fair to ergy sources. Coastal Plain of ANWR—that sliver in say that he was matched against a very This has occurred over an 8-year pe- the Arctic—to responsible develop- experienced debater, Vice President riod of time. During that time, Clin- ment, which they vetoed. That was 6 GORE, but I think the Governor held ton-Gore have to stand accountable for years ago. Had they passed that legis- his own in many respects. From the what they have done. On the supply lation, we would know what is there. broad issues of prescription drugs to side, the Vice President has done some- We could have another strategic petro- Medicare, education to energy, Gov- thing. It is a situation that the sup- leum reserve, and we don’t know that. ernor Bush very clearly laid out what plies have decreased 18 percent and on We would be a long way into the devel- the choice is for the American people the consumption side, consumption has opment stages if indeed the oil were in this election. increased 14 percent. In spite of our ef- there. I venture to say, Mr. President, Governor Bush engaged the issues. forts for conservation, in spite of our if we made a commitment to proceed They were not dodged. The Governor efforts in alternative energy, we have a with the Arctic oil reserve, you would was clear in laying out the goals and decreased supply and an increased con- see a dramatic drop in the price of oil. One of the other interesting things objectives he would propose in his ad- sumption. ministration, if he were elected Presi- I was astonished when the Vice Presi- the Vice President brought up was the dent. dent said in his response to a question implication that we hadn’t done any- I was particularly pleased with the on energy policy, and again I quote: thing, or not enough, with renewables. In the last 5 years under the Repub- debate because it focused on energy, We need to get serious about this energy which is one of the crucial issues facing crisis in the Congress and in the White lican Congress, expenditures for renew- the American people today and has House. ables have been $1.5 billion in new spending and $4.5 billion in various tax probably received the least publicity. Where has he been for the last 71⁄2 incentives. So Congress anteed up Obviously, in the areas of education, years? While I don’t agree with him in about $4.6 billion total for that pur- prescription drugs, health, and Social terms of Congress not being serious, I pose. The difficulty is that we simply Security, we are all trying to build a was glad to see they finally admitted it don’t have the technology to replace better structure, a long lasting struc- was not an issue taken seriously in the our oil dependence with coal, natural ture, and also address what to do with White House for the past 71⁄2 years. the surplus. gas, and hydrogen. That was certainly the implication. Let’s not be fooled. It is not just But the issue on energy is quite We have had statements from our around the corner. The Vice President clear. We have a crisis in this country. Secretary of Energy relative to the said last night he is a big clean coal It has developed over a period of the fact that the administration was fan. Well, what does that really mean? last 71⁄2 years. It has not been addressed caught napping with regard to energy by the current administration. I am You would assume he would support prices, as we have seen the price of oil the development of coal-fired gener- very pleased that we have, in the en- go from $10 a barrel a year ago to $37 ergy area, a distinct separation on the ating plants in this country. There within the last few weeks. hasn’t been a new one built in years. issues between the candidates, and the Now, I think, while it didn’t come up The administration’s budget over the American public can clearly under- in the debate last night specifically, last 5 years has proposed to rescind or stand and, as a consequence, view the there was a generalization to blame big defer more than $1.4 billion in clean merits of each proposal. oil. Well, who is big oil, Mr. President? The Vice President said, in regard to coal technology. Those are the facts. Who sets the price of oil? We had a How can you be all things to all peo- a question on energy policy, and I hearing before the Energy and Natural ple? Well, Vice President GORE implies quote: Resource Committee, which I chair. It he is pretty good at that. Let’s talk a I am for doing something on the supply was rather interesting because the Sec- little bit about the facts because part side and the consumption side. retary of Energy did acknowledge that of the issue that came up on energy I have no doubt that that is the case, it is OPEC, the supplier, setting the was the disposition of the Coastal but I point out in the past 8 years we price of oil. We are 58-percent depend- Plain in Alaska, the State I represent. haven’t had any indication of specifi- ent on OPEC. Who is OPEC? The Mid- I know something about it. I have been cally what the Vice President would do east countries that have the excess ca- to the coastal plain many, many times. on these issues. As a consequence, I pacity, such as Saudi Arabia, Kuwait, I think once again we saw the Vice think he is headed in the wrong direc- and moving down to Central America is President in trouble with the facts. tion, and the American public are be- Venezuela, and then we also have Mex- This is what he said regarding the Arc- coming more and more aware. ico. They have the supply; we have the tic Coastal Plain, and I quote: What we have seen happen is the appetite. They set the price. So to I think that is the wrong choice. It would emergence of an issue that in many re- blame big oil for profiteering, or to only give us a few months’ worth of oil, and spects our friends on the other side of make the implication of profiteering, oil would not start flowing for years into the the aisle hope will go away or not be- is totally unrealistic and a bit irre- future. come a major issue prior to the elec- sponsible, in my opinion. There is no Well, the facts are, according to the tion. With the increasing rise in crude mention, of course, in general terms of Department of Energy—the Clinton-

VerDate 02-OCT-2000 00:26 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.002 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9789 Gore Department of Energy—this area supply of heating oil, after it was re- ploration, and it was suggested that could be the largest field ever discov- fined, that would equal about a 3-day there might be a significant reserve in ered in North America—possibly 16 bil- supply. I think it was about 3 or 4 mil- this general area. lion barrels of recoverable oil. If that lion barrels of heating oil we would get As you know, Prudhoe Bay is here— high estimate of oil is found, it could out of that release. not too far away. That is where we produce over 20 percent of our current I think it is also interesting to recog- have been producing about 25 percent domestic production levels for the next nize that in the wintertime we con- of the total crude oil produced in this 20 years. If the high estimate is found, sume about 4 million barrels of dis- country. We built an 800-mile pipeline it would be larger than Prudhoe Bay, tillate—including heating oil a day. down to Valdez where the oil flows and which has been doing just that—pro- What I can’t understand is the reality moves down to the west coast of the ducing 20 to 25 percent of our oil for al- that we are exporting heating oil— United States. This infrastructure is most the last 25 years. heating oil that ordinarily you would already there. There was a construc- I am not surprised that Vice Presi- assume would be going into inventories tion project of about $7.5 billion to $8 dent GORE has a problem with the facts to meet the anticipated winter demand billion, the largest construction on this issue. One need only read his of- for heating oil in the Northeast Cor- project ever built in North America. It ficial position on why he wants to ridor. More than 117,000 barrels per day was designed to handle a little better of distillate, as I understand it, are ‘‘protect the Arctic Coastal Plain’’ to than 2 million barrels of crude oil a being shipped over to Europe and other see that he is terribly misinformed. He day. Currently it is handling a little places. says, ‘‘The wildlife refuge’s Coastal over 1 million barrels a day. So there is Plain—where drilling would occur—is If the President has the power— which he certainly and evidently has an unused capacity in existence there home to polar bears, grizzlies and black for over 1 million barrels a day. It bear, Dall sheep, wolves and moose.’’ taken—to remove oil from the SPR, why would he not prohibit the export would require no further adjustment of I know something about this area. I any kind. assure you there are no black bears and of any heating oil refined from that oil? It is diesel that is going overseas The idea here is, should we allow ex- no Dall sheep in the Coastal Plain. Dall ploration in this area and put it up for sheep are a mountainous species, and currently. It doesn’t make sense. I will have more information specifically, Federal leases? If we do, can we do it perhaps some Members in this body safely? would have you believe otherwise, but but they seem to have overlooked this in their euphoria to get the word out Of course, the proposal in Governor there are no mountains in the Coastal Bush’s energy presentation is to take Plains. It is very flat for miles and that indeed they are doing something positive about the shortage in the the revenue of some $3 billion antici- miles and miles. pated from Federal leases as well as What did Governor Bush say? Well, Northeast Corridor for heating oil, and the federal royalty share and put that Governor Bush said it is better to the fact we are allowing a refined prod- back into conservation issues, renew- produce energy here at home, where we uct to go to Europe is unconscionable able energy technologies, home heat- can do it in an environmentally sound and certainly goes against the argu- ing, and weatherization programs; in manner than to continue relying on ment that we needed to release oil other words, take the revenue and try imported sources of energy. I particu- from SPR. Let me get into my presentation this to do something positive for people to larly agree that it is better that we ex- morning because I want to try to com- lower costs associated with high en- plore at home, using our technology municate what this issue is about— ergy costs. and environmental sensitivity, and do ANWR, what are the facts and what is it right, rather than going over to the That is a significant step that sug- the fix. Hopefully, we can address that rain forests in Colombia, where there gests we can use the revenue which the this morning since this issue has been are no environmental constraints and private sector will pay and do some- brought up in the Presidential debates thing very positive with it, and ad- they would ship it into this country on and clearly is attracting the attention foreign tankers, which have the expo- dress, if you will, environmental issues of the American people, many of whom that need regeneration in other parts sure to an accident off our shores by simply don’t have an appreciation be- companies that don’t have the deep of the country with this revenue. The cause they have never been there. whole question, of course, is the status pockets associated with the tragic ac- My State of Alaska is a pretty big cident that occurred in my State. Nev- of this area and whether Congress is piece of real estate. It is one-fifth the going to see fit to open it up. ertheless, it seems as if this adminis- size of the lower United States. If you tration would continue to rely on the I am going to go through the argu- overlay Alaska over the entire lower ments because I think they really man- likes of Saddam Hussein for our energy United States, it will range from Can- security. That is about where we are. date an understanding so that there ada to Mexico and Florida to California can be an appreciation of the merits of I am going to conclude my presen- over to the Aleutian Islands 1,000 miles tation this morning on one segment of this. The first argument that is used in out to the west. the fictional sense is the assumption our energy policy that needs clarifica- This little portion up here of our that 95 percent of this area is already tion. It is an issue that the environ- State is called the Arctic National open to oil development. mental community has perpetrated on Wildlife Refuge—perhaps inaccurately our American citizens; that is, that named because not all of it is a refuge Here is the area we are talking there is something extraordinarily nor all of it a wildlife area. There is an about. Only a part of the 1,500 mile unique, and there is something that, by area that was carved out by Congress Arctic Coastline is left open for pos- its implication, suggests that we can- in 1980. In their wisdom, Congress took sible development. Only 14 percent of not explore and, if we find hydro- this area, which is 19 million acres— the whole 1,500-mile Coastal Plain in carbons, develop them safely. That is the size of the State of South Caro- Alaska is open to oil exploration the argument over ANWR—or, as we lina—and said let’s make a wilderness today—not 95 percent but 14 percent. refer to it, the Coastal Plain—a small out of part of it and a wildlife refuge Here is the area. This is closed. This portion of the area which is proposed out of the other part. They took 8.5 area is open. Some of this happens to to be opened for exploration and can million acres and made a wilderness in be State lands. And, except for a small only be done by the Congress of the perpetuity; it is not going to be part of the coastline, the coastline of United States. changed. They made another 9 million the national petroleum reserve is Before I go into it, I think the public acres into what we call a refuge. But closed clear over to Point Hope. To should be aware of another fact that they left this area called the Coastal suggest that 95 percent of the area is has come up. You will recall the other Plain, or the 1002 area, out of any per- already open is totally inaccurate. day the Vice President recommended manent land designation until Con- I will certainly look forward to a to the President that we release crude gress made its determination as to its spirited debate on this subject if some- oil from the Strategic Petroleum Re- status. body wants to take me up on it, includ- serve, about 30 million barrels. That 30 During this time, there were certain ing members of the environmental million barrels was estimated to be a activities with regard to oil and gas ex- groups.

VerDate 02-OCT-2000 00:26 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.004 pfrm02 PsN: S04PT1 S9790 CONGRESSIONAL RECORD — SENATE October 4, 2000 We also have 8 million acres of Here is the Prudhoe Bay area. These When exploration activity is com- ANWR, as I have indicated, in a perma- are not mannequins, these are real car- pleted, this is the picture we have dur- nent wilderness. Another 9.5 million ibou. They are wandering around, and ing the short summer. It is the same acres is classified as refuge; that is, 95 nobody is disturbing them. You cannot area. There is no despoiling of the tun- percent of the entire range is closed to take a gun. There is no shooting al- dra. This represents the technology exploration and oil development. It is lowed. There is no taking of game in that is available today. closed. the entire oil fields. These animals are The Coastal Plain has been declared Using modern technology—there is very adjustable as long as they are not America’s last wilderness. It is not wil- the point I want to highlight—the indi- harassed. Clearly they are not har- derness. However, an awful lot of our cations are that we would need only assed. State is wilderness. We have 56 million 2,000 acres out of the 19 million acres to There is a picture of the caribou herd acres of wilderness. The point is we develop the proposed oil fields that are that happens to be going through protect the wilderness. We can protect believed to exist in the ANWR Coastal Prudhoe Bay area. these areas. Plain. That is a pretty small footprint The same thing is true with regard to In our State less than 1 percent of when you consider this ANWR area is other wildlife. This is the pipeline the entire State, 365 million acres, is in about the size of the State of South going to Prudhoe Bay. You can see the private ownership and available for de- Carolina. We are talking about a 2,000- Arctic tundra over here. It is a pretty velopment. We have 192 million acres acre footprint, if given the oppor- time. It is a wintertime picture. of parks, preserves, conservation sys- tunity. That is about one-tenth of 1 There are three bears here. It is kind tem units. As I have said, there are 56 percent of the 1.5 million acres, the of comical because the bears are walk- million acres of wilderness, 61 percent 1002 area, and only 1 and one-hundredth ing on the pipeline. Why? Because it is of all American wilderness. How much percent of the entire 19-million acre easier to walk on the pipeline than to is enough? I am not here to debate. ANWR area. walk in the snow. They are as smart as Wilderness in Alaska already covers an These are the misconceptions that the average bears around here. In any area equal to Pennsylvania, New Jer- have been forced on the American peo- case, it is a little warmer too. To sug- sey, West Virginia, and Maryland. ple relative to the significance of what gest that somehow these animals are Further in the Coastal Plain lies this development could take place, how going to be fenced out because of some village of Eskimo people. This picture small the footprint is, and how large activity just isn’t supported by any demonstrates what it is like to take a overall the area is, and little attention burden of proof. walk on the North Slope in the winter- has been given to the infrastructure We are trying to give some factual, time. There are a couple of kids in the that is already there. real-life issues associated with develop- village walking down the street. It is I also remind people that this is not ment in the Arctic and what steps we blowing snow. Aren’t these kids enti- an untouched area. There is a distant take to protect the environment and tled to a different lifestyle, should they early warning radar site there. There is ensure we are not going to have dif- wish? The answer clearly is yes. When a Native village of Kaktovik right in ficulties associated with the wildlife. they say there has been nothing in this the middle of it where nearly 300 Es- I also want to show you a little effort area, they are misleading. It is inac- kimo people make their living and pur- by our Canadian friends on this side curate. This is the wilderness, this is sue a subsistence lifestyle. It is inter- when they begin to initiate an aggres- the refuge, this is what Congress is de- esting to note that about 70 percent of sive oil and gas exploration program in bating, and this is where the oil is like- the people in the village support open- the Arctic. ly to occur in the footprint of 2,000 ing the area because they want to have This is the boundary between Canada acres. an opportunity for an alternative and Alaska. This is the Northwest Ter- Some suggest it is only a 90-day, or a standard of living and lifestyle: Should ritory. We see various villages. The 200-day supply of oil. Prudhoe Bay was they choose to foster just subsistence, dots represent oil wells that have been estimated to produce 9 billion barrels. or should they pursue opportunities for drilled for exploration purposes. Here is It has produced over 12 billion barrels jobs. the village of Old Crow, just on the Ca- today. It is still producing over a mil- Another fiction is that opening up nadian side of the Alaska-Canadian lion barrels a day. When we look at po- the Coastal Plain would destroy the bi- border. tential production, we are looking at ological part of the wildlife refuge. My point is to show the extent of the potential of 16 billion barrels. When That really sounds good. But let’s look drilling on the Canadian side in the we talk about a 200-day supply, we as- at it for a minute. search of oil and gas. Unfortunately, sume there will not be any oil produced The Coastal Plain can be opened to they didn’t find any oil and gas. This is from any other source. It is a fictional development without harm to the wild- also the route of the porcupine caribou argument. life and the environment. Even the Es- herd. They move through the range and I have talked about the caribou, but kimo inhabitants of Kaktovik who de- traverse the area. Incidentally, they I want to show again the significance pend on subsistence hunting and fish- cross a highway, the Dempster High- of this with regard to Prudhoe Bay. ing to eke out their living in the far way. The Canadian Government, when This picture is a different herd than ex- north are convinced that oil develop- they found there was no oil, decided to ists in the ANWR area. This is the cen- ment can be done safely, because of the make it a park. As a consequence, it is tral arctic herd. There is no indication safeguards, without harm to their land a park today; that is fine. But to sug- that an environmentally responsible and the wildlife on which they depend gest that somehow this activity would exploration will harm the porcupine for their heritage. have some effect on the migration pat- caribou which, I might add, is 129,000 Under legislation I have proposed, No tern certainly proves it didn’t have now. As a matter of fact, we have drilling or development activities much of an effect, and the highway and about three times as many caribou in would be allowed during the caribou the caribou traversing it did not have our State as we have people—not that calving season. Limits would be placed an effect on the herds. In the proposals that is anything significant, but it is a on exploration, development, and re- we have for development in Alaska, the fact. We have had 26 years in Prudhoe lated activities to avoid impacts on technology today is very different. Bay of protecting these animals. The fish and wildlife. Initial exploration ef- This photograph gives an idea of the central herd has grown from 3,000 ani- forts would be limited to a time be- development of an oil well in Alaska mals in 1978 to 19,700 today. That is a tween November and May—the Arctic today. There are no roads, no gravel. fact. winter—to guarantee that there would This is an ice road. That is the tech- These arguments suggesting some- be no impact from exploration, pipe- nology used. They build up the ice and how we will decimate the wildlife sim- lines, or roads on the caribou. use it as a road. This is a well. You can ply is not based on any accurate infor- Let’s look at some descriptive charts see the Arctic Ocean. It is a pretty mation. It is an emotional argument. that give you an idea about the success tough area. It has its own uniqueness, This is one of the travesties that has of developing this area from what we its own beauty, but is a very hostile been taking place—exploiting the have learned in Prudhoe Bay. environment. American public to suggest we cannot

VerDate 02-OCT-2000 00:26 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.007 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9791 open this area safely. Why has the en- These people are entitled to the same oil and chemical spills have almost al- vironmental community pursued this? things to which you and I are entitled, ways been confined to frozen gravel It generates membership. It generates if they so choose. So when you look at pads where they are easily cleaned up. dollars, gives them a cause, and it is so these kids, look at whether or not they Moving more than 1 million barrels of far away people cannot see for them- want to continue to rely on the subsist- oil a day, everyday, from the ground, selves. I can’t say how many ‘‘experts’’ ence economy, following game, or through the pipe and onto ships—9.5 in this body have opinions but have whether they want an opportunity to gallons of oil spilled. I think that is a never been there. Their material is have a college education and come remarkable record. Prudhoe Bay is the written by the Wilderness Society. It is back, maybe, as a doctor or nurse or finest oil field in the world bar none. written by the Sierra Club. whatever. They are given this oppor- We send kids up from Anchorage and Caribou will flourish in ANWR as tunity through activities associated Fairbanks to pick up the few papers they have throughout Alaska. In these with creating the tax base of their that happen to blow around. It is a areas, no hunting will be allowed by communities. Should they not be heard summer job. anyone other than a Native. as well? Another fiction: Producing more oil We have heard a good deal from the I was amused at the inconsistencies would simply cause Americans to buy Gwich’in group, the group of Natives associated with the environmental more gas-guzzling cars and defeat con- on the Canadian and the Alaskan side. community. The Audubon Society cur- servation efforts. America does need to The suggestion is this will destroy rently holds leases in the Paul J. be more energy efficient. It does need their culture. Nothing will prevent the Rainey Wildlife Preserve in Louisiana. to develop more alternative fuels. Even caribou herd from passing close to the They hold oil leases. They generate with increased energy efficiency and Gwich’in villages. That is where they revenue. There is nothing wrong with conservation, our energy demands are yearly hunt, when they come through. that, but it is an inconsistency they do forecast to increase 30 percent by the They will continue to have the avail- not care to acknowledge or admit. If it year 2010. By then, America will be pro- ability of the caribou for their subsist- is OK for the Audubon Society to have ducing just 5.2 million barrels of oil per ence. Strict controls are planned to revenues from oil in a preserve, the day. We will be forced to import 65 per- prevent disruption of the caribou herds Paul J. Rainey Wildlife Preserve in cent of our oil needs. This certainly during the summer calving. The car- Louisiana, why shouldn’t the Natives poses a threat to our national security. ibou calve in the northern area, but of my State have the same opportunity We would need 30 giant foreign-flagged they calve, depending on weather for their own land? It seems to me supertankers a day, more than 10,000 a schedules, snowfall, bugs, and preda- there is certainly justification. year, coming into our ports to import tors—sometimes they calve on the Ca- There is another myth: Canada has the oil we need. That creates much nadian side; sometimes they calve on protected their wildlife; we should do more environmental risk than devel- the Alaskan side. The point is, the the same. We went through that. The oping our own resources where we have Gwich’in group that is dependent will Canadians finally created a national the tough environmental requirements. be protected as a consequence of ensur- park, but they did so only after exten- The vast majority of Americans op- ing that there is no activity on the sive exploration failed. The Canadians pose disturbing the Alaska Arctic Na- Arctic Slope during the time of the mi- drilled 89 exploration wells on their tional Refuge—that is what the envi- gration. That can be simply asserted side with no success. They also ex- ronmentalists would have you believe. by regulations, and we have agreed to tended the Dempster Highway, cutting Americans strongly support respon- do that. across the center of the Porcupine car- sible development when they know the It is interesting to note that the ibou herds’ route. facts about it. That is what I have at- Gwich’in group, 15 years ago, issued a Another fiction we hear all the time: tempted to do today. request for a proposal to lease their Oil exploration would destroy polar I encourage my colleagues to give me own land, about 1.7 million acres for oil bear habitat. Doesn’t that sound ter- an opportunity to debate them if they development. Maybe the oil companies rific? The reality is polar bears den on want to challenge these facts. A poll should have bought. Unfortunately, the Arctic ice pack, not on land. The taken by the Gordon S. Black Corp. there wasn’t any oil. As a consequence, administration has positively identi- said 56 percent of Americans support the leases were not taken up. Now the fied only 15 polar bear dens on the en- ANWR leasing; 37 percent oppose; 74 Gwich’ins are entitled to change their tire Coastal Plain for an 11-year period; percent of Americans support efforts to mind, and that is what they have done. that is one or two dens a year. We have produce domestic oil and natural gas. The truth is, they are funded by the a healthy population of polar bears, es- That is what Governor Bush proposed Wilderness Society. They are funded by timated at about 2,000. The reason is last night—producing more oil here at the Sierra Club. We have tried time we do not shoot them. You can go to home and not being dependent on im- and time again to encourage some of Canada and take a polar bear for a tro- ports. Certainly, most Alaskans sup- the Gwich’ins to go from their tradi- phy. You can go to Russia. You can’t port ANWR. The entire congressional tional area and go to Point Barrow and do it in the United States. The only delegation, the Democratic Governor, see what the Eskimos think of resource people who can take polar bear are the 78 percent of the residents of Kaktovik, development associated with oil and Native people for subsistence. The en- this little village, support it. gas. vironmentalists don’t tell you that. Some say what are we doing export- I recall one of my friends took a However, they do tell you Prudhoe ing from Alaska? We don’t export oil group up. He is an Eskimo from Bar- Bay has been littered with chemical from Alaska. There was some exported row. He said he used to go to school to and oil spills, the Arctic having been when we had surplus oil on the west keep warm. But before he did, he had despoiled by three or four—whatever coast of the United States. That has to go to the beach to pick up driftwood figure they want to use. But the figure not occurred for several months. that flowed down the river—no trees, that is accurate is 17,000 spills since Finally, they suggest we are a but driftwood, to keep warm. He says: 1970. That is the accurate figure. How wealthy State, we don’t need ANWR. We have an alternative lifestyle now. can you have those spills with such a That is a ridiculous argument. We We have a choice. We can take a job. pristine environment? The fact is, as a have, in Alaska, the highest cost of liv- We have educational opportunities. consequence of the environmental ing in the nation. We have billions of They are able to provide a full 4-year oversight and requirements, every spill dollars of unmet infrastructure needs college scholarship to any member of of any material—even if it is fresh like sanitation for our village’s health their community who wants to go. water—has to be reported; any spill needs. We have no roads across most of They can do that because they have that is how you get 17,000 spills. Alaska. We have, probably, the most revenues associated with their Bar- For example, in 1993 there were 160 fragile economy of any State in the row’s taxing base on the oil pipeline. spills involving 60,000 gallons. Before Union. We have always depended on re- So it has brought about an alternative you jump to conclusions, only 2 spills source industries, but our timber in- in lifestyle and a choice that people involved oil. Roughly 9.5 gallons of oil dustry has been shut down by this ad- previously did not have. were spilled from a leaky valve. Any ministration. We have lost our jobs in

VerDate 02-OCT-2000 00:26 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.009 pfrm02 PsN: S04PT1 S9792 CONGRESSIONAL RECORD — SENATE October 4, 2000 Ketchikan and Sitka, our only two deserves full examination and expla- going to go all out, and they have al- year-round manufacturing plants. Our nation to the American public. That is ready begun to develop geothermal en- oil and gas jobs are down. what I have attempted to do today. ergy. All over the western part of the The worst thing is we have had 32,000 I thank my colleague for the oppor- United States, there is geothermal en- young Alaskans leave Alaska since 1992 tunity to speak in morning business. I ergy potential. If one drives from the as a consequence of not having oppor- see the floor leader, Senator GORTON, is capital of Nevada, Carson City, to tunities for these people within our on the floor. I believe the pending busi- Reno, one sees steam coming out of the State because we are dependent on de- ness is the Interior appropriations bill. ground. That steam represents great veloping resources and the Federal Mr. President, I yield the floor. potential for geothermal energy. Government controls the landmass in The PRESIDING OFFICER (Mr. L. There are powerplants in Nevada and our State. CHAFEE). The Senator from Nevada. other places in the western part of the I hope as we continually debate the Mr. REID. Will the Chair inform the United States that produce electricity issues before us as we enter this Presi- Senator from Nevada as to how much from the heat of the Earth. Geothermal dential campaign, and the issue of en- time the Senator from Alaska con- energy is available in various parts of ergy comes to the forefront, as it sumed? the United States. There is tremendous The PRESIDING OFFICER. Forty- should, as a distinct issue between the potential there. two candidates, we will have a better seven minutes. If one drives in southern California, Mr. REID. Mr. President, that indi- understanding of the merits of opening one sees areas where there are miles cates that after the Senator from New up this area of the Arctic for the relief and miles of windmills. These wind- York speaks, there will be 25 minutes that is needed in this country today. I mills produce electricity, and we are predict if this administration would remaining on this side. Even though it was not part of the order, I ask unani- getting better every day in developing commit to opening up this area for oil more efficient windmills. That is where and gas leasing, you would see a drop mous consent that the time of the mi- we should be directing our attention, in the price of oil overnight. As a con- nority be used all at the same time, not to producing oil in a pristine wil- sequence, the belief that America that there not be any interruption. I believe that was the intent of the derness in Alaska. meant business when it said we were The fact of the matter is, we could unanimous consent agreement entered going to relieve our dependence on im- produce millions of barrels of oil there earlier today—that we would have ported oil would mean we would not be for a very short period of time. The ef- subject to the whims of the individual equal time in morning business. fect on our energy policy would be who controls, if you will, the difference The PRESIDING OFFICER. The Sen- minimal. It would produce jobs for the between the world’s capacity to ator is correct, although the minority people of Alaska—and I understand produce and the world’s current de- will control 32 minutes following Sen- why the Senators from Alaska are mand—which is about 1.5 million bar- ator SCHUMER’s statement. pushing jobs—but it would be to the rels with supply being a little over the Mr. REID. Mr. President, I ask unan- detriment of our environment. demand. That one person is Saddam imous consent that I be allowed to It was very clear in the debate last Hussein, in Iraq, who is currently pro- speak prior to Senator SCHUMER and night that the Vice President said we ducing almost 3 million barrels a day. use whatever time I may consume, should not be drilling in ANWR, there The fear is he will cut production. If he which will be about 10 minutes. are other things we can do, and he cuts production, we will see oil prices The PRESIDING OFFICER. Without mentioned, as I have, alternate energy go from $37 to probably $60 a barrel. objection, it is so ordered. policies. He also stated that we can do That, coupled with the instability asso- f a lot of things in our country to con- ciated with the current spokesperson ISSUES IN THE PRESIDENTIAL serve and reduce the need to produce from OPEC, from Venezuela, who has DEBATE made certain suggestions that clearly more electricity. I hope we will focus the object of OPEC in Venezuela is to Mr. REID. Mr. President, I have the on what we can do to make sure we are protect the interests of the small coun- greatest respect for my friend from energy efficient and that we are not so tries of the world at the expense of the Alaska. He has devoted a great amount dependent on importing foreign oil. One of the things I regret we did not large consumers of hydrocarbons, of his time to this one issue; that is, do, because the majority would not let means we have a very unstable situa- drilling in ANWR. I have been present tion. on the floor on many occasions when us do it, is to put more oil in our re- I hope the American people have a he has given basically the same presen- serves. We have a program to begin better understanding of what has hap- tation he did today. I do not mean to pumping some of our reserves. That is pened in the last 8 years as this current take away from the intensity of his be- a wise decision. Look at the results. administration has abandoned the tra- lief, his passion, that there should be There was a dramatic decline in the ditional dependence on many sources of drilling in this pristine area. The fact cost of oil, and OPEC suddenly decided energy—oil, natural gas, hydrocarbons of the matter is that the majority is it was the right thing to do to start associated with our coal industry, our wrong on this issue. producing more oil because they knew nuclear industry and our hydroelectric The minority believes we do not have we would start pulling down our re- industry—and clearly focused the fu- to pump every drop of oil that is on serves and the cost of oil would go ture on our energy supply of natural U.S. soil, that there are other things down anyway. gas. we should do. One of the things we need The Senator from Alaska criticized As a consequence, we have seen what to do is develop alternative energy the Vice President for his interest in has happened with natural gas. De- sources; that is, solar energy. We are improving energy efficiency and ex- mand has gone up, and we are in a situ- not as a government doing nearly panding renewable energy production. ation now where other countries are enough to develop this great resource. His criticism is not well taken. In my dictating conditions under which we We have heard a lot of discussion on view, the Vice President has a bal- have to pay the price they charge or go this floor about the Nevada Test Site anced, healthy approach to reducing without. It is strictly supply and de- where some thousand nuclear devices American dependence on foreign oil mand. It has been coming for a long were exploded over the years. Solar en- and big oil generally. He recognizes we time, and the Clinton-Gore administra- ergy facilities could be developed at can produce oil and gas more effi- tion bears the responsibility for not the Nevada Test Site which could ciently at home, we can expand our do- having a responsible energy policy. produce enough electricity to supply mestic production of renewable energy, That is why I am so pleased to see Gov- all the needs of the United States. The and our economy can become more effi- ernor Bush come forward and acknowl- desert Sun would supply enough energy cient. edge what has to be done, and among for the whole United States. That is Vice President GORE has also real- those issues is more domestic produc- what we should develop—alternate en- ized, as he stated on a number of occa- tion. ergy sources. sions and as I have already said, that The fact he has stated the belief that I am very proud of the fact that this we do not need to develop every drop of we can open up this area safely I think administration has decided they are oil in the Earth. Unlike Governor

VerDate 02-OCT-2000 01:00 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.011 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9793 Bush, Vice President GORE believes be very proud in America that we had stead, he resorted to this sort of catch- that in some cases special places, na- the ability last night to watch these all of ‘‘fuzzy numbers,’’ ‘‘fuzzy math,’’ tional treasures, should be off limits to two fine men debate. They are debating ‘‘fuzzy Washington numbers.’’ I guess big oil. to become the President of the United when you do not have the ability to an- We know there is a massive lobbying States, the most powerful, the most swer or you are stuck, you go to rhet- effort by big oil companies to drill in important job in the whole world. oric. ANWR. It is the wrong thing to do. I have to say I think the glass is half I would like to examine those so- Clearly, the Arctic National Wildlife full, not half empty. I think these two called ‘‘fuzzy numbers.’’ I do not think Refuge is one of those special places men did a good job. Most of us who anyone who has examined them looks about which the Vice President talked. serve in the Senate—or everyone who at them as ‘‘fuzzy.’’ But it is just that It is the last pristine Arctic ecosystem serves in the Senate—have been in- Governor Bush’s plans for America are in the United States. It should be out volved in these debates. It is hard. It so skewed, and the numbers do not add of bounds for oil exploration. I do not might look easy watching these men at up, that he cannot answer the ques- care if the caribou can walk on pipe- home on TV, but it is hard. There is tions directly and instead starts talk- lines because it is warm or they cannot tremendous pressure on each one of ing about ‘‘fuzzy numbers.’’ walk on pipelines because they are them. Millions of people are watching I will admit, to the average American cold. The fact of the matter is, we do each one of them. this is all sort of confusing. People are not need to drill in ANWR. It should be What is the criticism today? The so busy with their jobs and their fami- out of bounds. Vice President GORE rec- Vice President sighed; and George lies and their hobbies and their avoca- ognizes we can protect America’s na- Bush, when he was not speaking, his tions, they can’t take out a magnifying tional treasures and satisfy our energy face was red and he snorted a couple glass and look at all the details. They needs. times. If that is the worst we say about have to go, as we always have in this I am disappointed that Governor these two fine men, then we are in Republic, with their instincts. Who is Bush lacks, I am sorry to say, a notion pretty good shape as a country. AL really right? about, or maybe even an understanding GORE is a friend of mine, Tipper Gore is But today I thought I might spend a of, what energy policy is all about. His a friend of mine. I think his debate was few minutes of our time on the floor, affiliation for so long with big oil a slam dunk, as indicated in all the which I am grateful for, to actually go seems to have tempered his views to- polls today. AL GORE won the debate. over those numbers in as clear a way as ward big oil. Of course, his Vice Presi- And I am very happy that he did. I can. dential candidate has the same global But do not diminish these two men It is clear, once you look at the num- view that big oil solves all problems. by saying one sighed too much or one bers, that what the Vice President was The only way for America to reduce its had a red face. They were in a very dif- saying is true: That if we use Governor debilitating addiction to foreign oil is ficult situation last night. I am proud Bush’s plan, a largely disproportionate to develop alternative energy sources of the work that both of them did. I share of the tax cuts go to the wealthi- and to do a better job with our con- think we, as a country, should feel est people; that there is no room for sumption. We do not solve our prob- good about our country, that people Medicare expansion, in fact Medicare lems by drilling in our precious na- who are running for President can be must be cut, if we use Governor Bush’s tional wildlife refuge. seen, their sighs and red faces com- plan; that, in fact, you do go back to Mr. President, not only do I believe bined. I think we should recognize the old days of not only eating up the that the Vice President was right last that. If you look just across the ocean, surplus but of deficit spending—if we night about our energy policy, but I you see what is going on in Serbia and do all of the things that Governor Bush also believe he was right about edu- Yugoslavia. That is what we do not has proposed. cation. want. We should be very proud of what So let’s look at the math. I think, when we recognize that over we have here in America. Let’s start out with the basic founda- 90 percent of our kids go to public The PRESIDING OFFICER. The Sen- tion of our budget, the surplus projec- schools, we have to do things to pro- ator from New York. tions. We all know they may not be ac- tect and improve our public schools. I Mr. SCHUMER. Mr. President, I curate, but they may not be accurate think the Vice President recognizes the thank my colleagues for giving me the on the low side or they may not be ac- need for school construction. time, and my good friend from Nevada, curate on the high side. These are the In Las Vegas, we have to build a new the assistant minority leader, for ar- best numbers we have from the Con- school every month to keep up with ranging our ability to speak. gressional Budget Office, which is gen- growth. We need help. I did not First, I say, as well, that I enjoyed erally regarded as fairly nonpartisan. misspeak. We need to build a new the debate last night. I thought most They estimate that the surplus, over school every month to keep up with Americans got to see, for 90 minutes, the next 10 years, will be huge, $4.6 tril- the growth in Las Vegas. We have the the candidates unfiltered. It was good lion. I think that is because we finally sixth largest school district in Amer- for the country, whatever side one have gotten it here in Washington that ica. We need help, as other school dis- came down on. It is just one more step we can’t go spending money we do not tricts around the country need help. in the process of all of us educating have. That is good. There is a con- We need them for different reasons. ourselves about the very difficult prob- sensus—I think both Democrats and The average school in America is over lems this country faces as we move Republicans agree—about that. 40 years old. The Vice President recog- along. There is a second agreement. We all nizes that school districts need help in I would like to talk about one aspect agree right now that the money ought school construction. We need help in of the debate which is very relevant to to go to Social Security first, that we getting more teachers and better what we are doing here as we end our ought to take the Social Security sur- teachers. final 2 weeks on the budget. What we plus, the amount of money that is in That is why the Vice President spoke heard from the Vice President and FICA, that you pay in in FICA, that so eloquently on the need to do some- from Governor Bush last night about every American worker pays in—their thing about prescription drug benefits. the budget, about Medicare, and about hard-earned dollars; and they pay what That is why he spoke about the need to taxes is exactly what the Senate is fo- I guess many would think is a high per- do something about prescription drugs. cused on as we move to wrap up the centage—my daughter had her first job It was very clear to all of us that his session. So I thought it would be a over the summer. She is 15. She was statements regarding international good idea for us to actually look at the amazed how much came out in FICA policy were certainly well made. The numbers instead of the rhetoric. from her little meager paycheck. But Vice President did a good job because Last night it seemed to me Vice we say all that FICA money should he has a wealth of experience. President GORE talked about a lot of stay with Social Security; that no one But I also want to say this to the numbers. Governor Bush did not an- in Washington should get their sticky American people. I am not here today swer any of his statements. He did not little fingers on it and use it for some- to diminish Governor Bush. We should answer Jim Lehrer’s questions. In- thing else. You take away the Social

VerDate 02-OCT-2000 00:26 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.014 pfrm02 PsN: S04PT1 S9794 CONGRESSIONAL RECORD — SENATE October 4, 2000 Security surplus and that gives us a icit. Finally, because you are not get- a lot of the taxes. That is true. But we total, over the next 10 years, of $2.2 ting interest on all this money; you are have a policy choice, Mr. President. Do trillion to spend. spending it, so to speak, in terms of tax we want the wealthiest of people to get Last night, the Vice President said breaks and in terms of spending pro- most of the money back or do we want Governor Bush’s plan would not only grams, you lose another $400 billion of to do targeted tax cuts for the middle use all that but return us to deficit foregone interest. When you add it all class and spend more of the money spending when you added everything up, the deficit, with the Governor’s than the Governor does on education, up. He focused on the tax cut as much plan, is back to the bad old days of $2.5 on a prescription drug plan, on health too large, if you wanted to do the other trillion. care? things. This is not fuzzy Washington math. This is not fuzzy Washington math. The Governor did not respond in These are not fuzzy numbers. These are These are facts. I don’t blame Governor point. He said: These fuzzy Washington the numbers the Governor has pro- Bush for running away from them and numbers. This chart shows the num- posed. No wonder he didn’t answer Vice hiding behind rhetoric. bers are not fuzzy. They are as clear as President GORE’S retort about going One final point. Vice President GORE, the nose on the Governor’s face. back and where all the money is com- in the debate, said that he wanted tar- You start with the $2.2 trillion, non- ing from. No wonder he had to use this geted tax cuts for the middle class. And Social Security surplus. Both parties rhetoric. The only people these num- George Bush said: You need an ac- agree we have to preserve the Medicare bers are fuzzy to are the people who countant to figure this out. Well, tell a trust fund, although last night the don’t want to add them up because family who is making $50,000 a year, Governor did refuse to come out for his they lead to deficit spending: the Gov- whose oldest child is 17, and the hus- lockbox. But as you preserve the trust ernor of Texas and his supporters. band and wife are up late at night wor- fund, if you do not cut into Medicare, The other big issue was where does rying: How in the heck are we going to which he says he will not do, you lose the tax cut go. Again, Vice President pay for Johnny’s college. How the GORE another $360 billion. Then you go $1.8 said seven, eight, nine, ten heck, on an income of $50,000 a year, times—I lost count—that the top 1 per- trillion. are we going to come up with $10,000 a cent of the people in America get a Then there is the $1.3 trillion tax cut. year after paying our mortgage and huge proportion of the tax cut. And We will discuss later to whom it goes. buying the food and payments on the Jim Lehrer asked Governor Bush That was the No. 1 contention in the car? How are we going to do that? whether that was true, and Governor debate. But Governor Bush, by his own Well, you don’t need an accountant Bush would not answer the question. words, takes $1.3 trillion. He says it is with what Vice President GORE talked Do you know why? Why didn’t Gov- a small portion of the total Govern- about. You simply need to put on your ernor Bush answer the question as to ment budget. It is. But it is a very tax return that your child is going to where the tax cuts go? Because he large portion of the surplus that we college, that you are paying $10,000 a knew the Vice President was right. He have. Of the $2.2 trillion that is left year, and you deduct that from your knew it went disproportionately to the after you save Social Security and pre- taxes. It is as simple as deducting your wealthiest people in America. serve Social Security, he would take Here are the numbers, plain and sim- mortgage interest. It is as simple as de- $1.3 trillion of that—more than half of ple. This is data from Citizens for Tax ducting your health care costs. You it—and put it into tax cuts. That Justice, not a Democratic or Repub- don’t need an accountant. brings us down to $500 billion left over lican group. We all believe in tax cuts; I do. Is it the 10 years. The top 1 percent of America, those better for all of America to give that Then there are the other tax breaks are people—I wish the Vice President wealthiest family $46,000 a year, when that the Governor has supported which had said this—the top 1 percent is not their income is $915,000, or is it better have been talked about on this floor. you or even me, and I make a good sal- to say to middle-income families who He supports cutting the marriage pen- ary as a Senator. You have to make are struggling with the cost of college alty. He mentioned that last night. He $319,000 to be in the top 1 percent. If that we ought to make college tuition supports the estate tax reduction. He you average it out, the income of the tax deductible, a proposal that has had has mentioned that at other times. top 1 percent is $915,000. These people bipartisan support in the Senate? The You take that, that is another $940 bil- are not just millionaires; they make al- Senator from Maine, OLYMPIA SNOWE; lion. So now we are already in deficit most $1 million a year on average. myself; the Senator from Indiana, Mr. by $400 billion; no longer having the They get 42 percent of the tax cut. Al- BAYH; and the Senator from Oregon, surplus that we struggled to attain most one of every $2 we are cutting in Mr. SMITH—two Democrats and two Re- after so many years of deficit spending. taxes goes to people whose average in- publicans—have championed that. I So then we are in deficit. come is $1 million or close to $1 million learned how much people struggled But he doesn’t stop there. Then there a year. How many Americans want with that when I ran for the Senate 2 is spending. The Governor proposes that? If I were confronted with that years ago. It is one of my passions to some spending for education and for fact, I would ‘‘rhetorize,’’ as they say, get it done. other things. Every day we hear of a I would give what the Governor himself You don’t need an accountant. Those new program he is coming out with. I might call Washington rhetoric and are not fuzzy Washington numbers. support some of them, as I support say: That is fuzzy mathematics. The PRESIDING OFFICER. The Sen- some of the tax cuts, but not all be- It is not fuzzy. Here it is, Governor ator has used 15 minutes. cause together, when you add it up, it Bush: The top 1 percent get 42 percent Mr. SCHUMER. I ask unanimous con- is too much. of the tax cuts. The people whose aver- sent that I be given an additional 2 He has proposed $625 billion in spend- age income is $915,000 get $46,000 back minutes from our time. ing. That brings our deficit to $1 tril- in tax cuts. The PRESIDING OFFICER. Without lion. Then he proposes that we take $1 Let’s take the people in the middle, objection, it is so ordered. trillion out of Social Security and let the middle 20 percent, people making Mr. SCHUMER. It is not fuzzy math. people invest that in the stock market between $25,000 and $40,000 a year. They It is plain and simple. or whatever else. Of course, he said, it get about 8 percent of the tax cuts or The bottom line is, last night Gov- will go up three times; that is, if the $453. Of course, low-income people, the ernor Bush could not argue facts. He stock market triples. I don’t put my Governor said, they are going to do could not argue the merits. So he ran daughter’s college money that my wife better—yes, $42 a year better. So it is away from the argument by claiming and I save each month in the stock true, as the Governor said, everyone fuzzy numbers. market for fear, even though it might gets a tax break. He wants to give the The debate was a great success for triple, it might go down. And then how money to everyone. The trouble is, he the Vice President because, as people are we going to pay for her college? wants to give most of the money to the examine what I have talked about—the He takes the money out, wherever wealthiest few. huge deficit spending the Governor you put it, and that is another $1.1 tril- He is right. The wealthiest people would have us engage in, again, the lion. Now we are at a $2.1 trillion def- have most of the money, and they pay fact that a disproportionate share of

VerDate 02-OCT-2000 01:09 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.017 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9795 the tax cuts go to the wealthy; the fact In 1999, the Clinton-Gore administra- 1942. So I think we should understand that the middle-income tax cuts pro- tion offered tracts on nearly 4 million that the Senator from Alaska—if he posed by the Vice President are very acres of land in the national petroleum has to complain about energy policy— simple and easy to use and desperately reserve in Alaska, to the west of should go back to the Bush administra- needed by the American people—the Prudhoe Bay, for oil and gas leasing. tion. That is when we bottomed out, so Vice President will score points. Oil companies with winning bids will pay— to speak. More importantly, he will win the This is a staggering figure, but it is Let’s talk about what has gone on election on that basis, and America to show that we in this administration since 1992 when this administration will finally spend our surplus on the have had an energy policy, as we all began a concerted effort to increase the priorities we need and return taxes to know. production of oil. Under the leadership the middle class who need them more of the Clinton-Gore administration, Oil companies with winning bids will pay than anybody else. Our country will $104,635,728 for leases in the National Petro- natural gas production on Federal continue the prosperity that, praise leum Reserve in Alaska. A total of 425 tracts lands onshore and oil production off- God, we have seen in the last 8 years. on approximately 3.9 million acres were of- shore is increasing. Natural gas pro- Mr. President, these are not fuzzy fered by the U.S. Bureau of Land Manage- duction on Federal onshore lands has Washington numbers. These are facts. ment in today’s lease sale, the first such sale increased nearly 60 percent during this They are facts that show that the Vice for the reserve since 1984. administration. Let me repeat that. President is far more in touch with It is important we recognize that Natural gas production on Federal on- what the average American wants and there is an energy policy and, as indi- shore lands has increased nearly 60 per- needs than is Governor Bush. cated, this is the first sale for the re- cent since 1992. Oil production on Fed- I don’t believe in class warfare. I re- serve since 1984. eral lands is down. But the gas statis- spect people who have made a lot of Six oil companies submitted 174 bids on 133 tics belie the argument that the ad- money. That is the American dream. I tracts. ministration has shut down the public hope my children will. The oil industry should explore and lands to oil and gas development. This But when you do deep tax cuts, who develop the Alaskan Petroleum Re- source comes from testimony given be- should get it when you only have a lim- serve before there is any suggestion of fore the Energy and Natural Resources ited amount? When you have a surplus, opening the sensitive lands of the wild- Committee in July of this year. why should it be squandered? Governor life refuge to development. We ac- The Gulf of Mexico has become one of Bush, these are not fuzzy numbers but knowledge that, and that is why they the hottest places in the world for ex- hard, cold facts that help the American are paying $105 million to do that. ploration, especially since this admin- people. They should do that before there is istration supported incentives for deep- I yield back my time and yield the even a suggestion of opening the sen- water development going into effect in floor. sitive lands of the ANWR to develop. 1995. Between 1992 and 1999, oil produc- The PRESIDING OFFICER. The Sen- ANWR doesn’t need to be developed. To tion offshore has increased 62 percent. ator from Nevada is recognized. even suggest doing it before we fully So it hardly seems to me that this is f explore the petroleum reserve in Alas- an administration without an energy policy, when we have determined that APPLAUDING SENATOR SCHUMER ka indicates that we are doing it for reasons other than petroleum produc- natural gas production during this ad- Mr. REID. Mr. President, I appreciate tion. ministration on Federal onshore lands very much the statement of the Sen- has increased about 60 percent and we ator from New York. New York is the In 1998, the U.S. Geological Survey re- leased a mean estimate of 2.4 billion barrels have also determined that during this financial capital of the world, and the of economically recoverable oil in the Arctic administration oil production offshore Senator from New York, having long Refuge at $18 a barrel market price in 1996 has increased 62 percent. Natural gas represented that State in the House of dollars. Such a discovery would never meet production in deep waters has in- Representatives, has certainly hit the more than a small part of our oil needs at creased 80 percent in just the past 2 ground running here in the Senate. We any given time. The U.S. consumes about 19 years. These increases are in areas of depend on the Senator from New York million barrels of oil daily or almost 7 bil- the Gulf of Mexico, where the United on many occasions for financial infor- lion barrels annually . . . States actively produces oil and gas. mation and advice due to the fact that So using these numbers for a couple So the point I am making is that we he comes from the financial capital of of years, you could drill and it would have my friend, the Senator from Alas- the world. His very vivid description of be gone, and you would damage, to say ka, coming to the floor and continually the debate last night, in financial the least, this beautiful part of the saying we don’t have an energy policy. terms and what the tax situation is world. These figures belie that. We have an in- from both candidates, was welcome. I The U.S. Geological Survey indicates crease in Federal onshore lands by 60 congratulate and applaud the Senator that the mean estimate of economi- percent; oil production offshore, 62 per- for his very lucid statement. cally recoverable reserves assumes an cent; and just in the last 2 years, gas Mr. SCHUMER. I thank my friend, oil price of $18, as I have indicated. We production in deep waters increased 80 who is a great leader for all of us. He is know the price of oil is almost double percent. Why? Because of actions taken always giving us younger Members that today. Even at $20 a barrel, the by the Clinton-Gore administration. time to make our statements on the mean estimate increases to 3.2 billion The deep water in the Gulf of Mexico floor, in addition to all the other nice barrels. This information comes from has emerged as a world-class oil and things he does. Dr. Thomas Casadevall, the Acting Di- gas province in the last 4 years. That is f rector of the U.S. Geological Survey. as a result of work done by this admin- Production of oil in the United istration. This historic change, after 53 ALASKA PRODUCTION States peaked in 1970. You can see that years of production in the Gulf of Mex- Mr. REID. Mr. President, I thought it on this chart. That was when the ico, has been driven by several major was appropriate that we revisit what United States produced about 9.6 mil- factors, all coalescing during this ad- the junior Senator from Alaska said lion barrels of oil every day. Produc- ministration. Truly, the deep water today. He has come to the floor on tion in Alaska has also been on a con- will drive the new millennium, no ques- many occasions and said, as I have tinual decline since 1988. It is very tion about that. stated earlier, the same thing. He does clear that the production of oil in Alas- I think it is important to note that it with great passion, and I appreciate ka has been going downhill since 1988, we are all concerned about the fact how strongly he feels about it. I think when it peaked at 2 million barrels of that we are importing more oil than we the time has come that we don’t let his oil a day. should. Look at this chart. Oil impor- statements go without giving the facts Domestic gas and oil drilling activity tation went up in the mid 1970s, and from the other side. What are some of decreased nearly 17 percent during 1992, during the gas crunch, because of poli- those facts? Let’s talk about produc- the last year of the Bush administra- cies taken by the Federal Government tion of oil in Alaska. tion, and was at the lowest level since with tax credits and other things for

VerDate 02-OCT-2000 01:09 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.019 pfrm02 PsN: S04PT1 S9796 CONGRESSIONAL RECORD — SENATE October 4, 2000 developing alternative sources of en- Mr. President, I ask that Senator supplementary fire package, as well as ergy, it went down. But with the glut DORGAN be allowed to follow the Sen- $200 million in additional funds to ad- of oil and the price of oil low, the con- ator from Illinois with the time we dress rehabilitation needs on the na- sumption of oil, imported oil, went up have remaining in morning business. tional forests, maintenance and up- again. Production has gone down. It is The PRESIDING OFFICER. Without grades to firefighting facilities, and for certainly indicated on this chart. objection, it is so ordered. community and landowner assistance. Also, I think we have to recognize Mr. FITZGERALD. Mr. President, The bill also includes the $240 million that one thing has driven everything the Senator from Washington has re- provided in the Domenici floor amend- we do in this country, and that is the quested that he be allowed to speak be- ment for hazardous fuels reduction in consumption of oil. We consume far fore me beginning at about 11:10. I the wildland/urban interface. more than we should. I think that is would like to go after Senator GORTON Those areas which public lands abut why the Clinton-Gore administration because he is only going to speak for upon communities, towns and cities, as has stressed the fact that we need to do about 10 minutes. I will speak for an well as language designed to expedite something to lessen the consumption extended period following Senator GOR- this work that so desperately needs to of oil in this country. TON’s remarks. be done. This language does not, how- The Energy Information Agency re- Mr. REID. We have no objection to ever, overturn or bypass the National ports that the total petroleum product that. We want to make sure that the Environmental Protection Act, the En- demand in 1999 grew by over 600,000 bar- manager of the bill on the Democrat dangered Species Act, or any other en- rels a day, or 3.2 percent. That is the side, Senator BYRD from West Virginia, vironmental statute. In total, the bill largest year increase since 1988. The transportation-related demand is able to follow the statement of Sen- provides $2.9 billion for fire manage- accounted for more than 335,000 barrels ator GORTON—the two managers of the ment. The other element of this legislation per day. bill. I think the Senator from Illinois According to the Energy Information would not object to that. that has garnered the most attention is Agency, the annual energy outlook for Mr. FITZGERALD. I have no objec- title VIII, the land conservation, pres- transportation sector energy consump- tion. ervation, and infrastructure improve- tion is projected to increase almost 2 The PRESIDING OFFICER. Without ment title. This title does two things: percent per year. objection, it is so ordered. First, it provides an additional $686 We need to do better. Mr. REID. Mr. President, I suggest million in fiscal year 2001 for a wide va- Of the projected increase in oil de- the absence of a quorum. riety of conservation programs, includ- mand between now and 2020, 87 percent The PRESIDING OFFICER. The ing Federal land acquisition, the state- will be in the transportation sector. clerk will call the roll. side grant program, forest legacy, and In 1995, the Republican Congress shut The assistant legislative clerk pro- urban park recreation and recovery. down the administration’s efforts to ceeded to call the roll. These amounts are in addition to the study higher fuel efficiency standards Mr. GORTON. Mr. President, I ask amounts agreed to in conference in the for light trucks and SUVs. Major auto- unanimous consent that the order for base portion of the bill. In total, fund- mobile manufacturers fought ruth- the quorum call be rescinded. ing for these Interior programs is lessly convincing labor that it would The PRESIDING OFFICER. Without about $1.2 billion for next year. cost jobs in the United States. objection, it is so ordered. Second, title VIII establishes a new This summer when consumers start- f conservation spending category in the ed screaming about gasoline prices, Budget Act for an array of conserva- Ford and GM realized they could in- DEPARTMENT OF THE INTERIOR tion programs, for the maintenance of crease the fuel economy of SUVs by as AND RELATED AGENCIES APPRO- Federal land management facilities, much as 25 percent. This should have PRIATIONS ACT, 2001—CON- most particularly, national parks, and happened many, many years ago. But, FERENCE REPORT for payments in lieu of taxes. Using the of course, the major automobile manu- The PRESIDING OFFICER. Under $1.2 billion provided in the fiscal year facturers were unwilling to sacrifice the previous order, the Senate will now 2001 Interior bill as a base amount, plus anything. resume consideration of the conference a notional $400 million for coastal pro- The good news is that we can have report to accompany H.R. 4578, which grams that may or may not be pro- better fuel economy without costing the clerk will report. vided in the Commerce, Justice, State jobs or eliminating the features that The assistant legislative clerk read appropriations bill, this new spending consumers seek in these vehicles. They as follows: category is established using a base of have already committed to higher fuel $1.6 billion. emission standards in Europe and A conference report to accompany H.R. 4578, an act making appropriations for the For Interior and CJS programs com- Japan. Why didn’t they do it here? Be- Department of the Interior and related agen- bined, this new budgetary category will cause we were gullible. We in Congress cies for fiscal year sending September 30, go by $160 billion per year through fis- would not allow legislation to go for- 2001, and for other purposes. cal year 2006. This separate allocation ward to do something about this. The PRESIDING OFFICER. The Sen- Let me repeat. I appreciate very may only be spent on qualifying pro- much the desire of the Senators from ator from Washington. grams, and any amounts not spent will Alaska to want to drill in pristine wil- Mr. GORTON. Mr. President, I am roll over and be added to the following derness to create jobs in Alaska, but I pleased to bring before the Senate the year’s allocation. think we have to look at the big pic- conference report on the Interior and Title VIII also establishes several ture. Jobs in Alaska are not as impor- Related Appropriations Act for Fiscal subcategories within the broader cat- tant as maintaining the last remaining Year 2001. The conference report passed egory conservation category. The allo- Arctic pristine wilderness we have in the House yesterday on an overwhelm- cation provided for each subcategory America. ingly bipartisan vote of 348–69. will only be available for programs I hope we look at what we are al- The bill provides $18.94 billion in within that subcategory and may not ready doing in Alaska to increase en- total budget authority, an amount sig- be used for other programs. And, like ergy production, and also look to the nificantly above both the FY 2000 level the structure of the broader category, absolute necessity of doing something of $15 billion and the President’s FY any amounts not appropriated within a about alternative energy, such as wind, 2001 request of $16.5 billion. This in- subcategory in a given year would be solar, and geothermal—and do some- crease is primarily attributable to two rolled over and added to the following thing with oil shale—doing things such items that I know to be of great inter- year’s suballocation. as that so we can become more energy est to my colleagues. The suballocations and associated efficient in America and less dependent The bulk of the increase over the amounts are shown on the chart. The on foreign oil. budget request level is a direct result bottom line is ‘‘payments in lieu of I reserve whatever time we have. I of the disastrous wildfires that plagued taxes’’ for $50 million a year—over and know the Senator from Illinois has the West this summer. This bill in- above the present payment in lieu of been here patiently waiting to speak. cludes the administration’s $1.6 billion taxes. The next amount is ‘‘Federal

VerDate 02-OCT-2000 00:26 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.022 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9797 maintenance,’’ an amount added spe- VIII will be fully subscribed in each construction of replacement schools cifically at my request. This was origi- year’s appropriations bill. The exact can be fully completed in order to re- nally suggested by House conferees. It mix of funding will be up to future Con- move the school immediately from the glaringly omitted the deferred mainte- gresses, but title VIII does prevent BIA priority list. Indian school repairs nance in our national parks and our these funds from being taken from the also increases by $80.5 million above forests and our wildlife refuges, an target programs and used for other pro- last year’s level. amount that I think approaches $16 bil- grams, even other programs within the The conference report also provides lion, and a modest start on that over Interior bills, such as Indian education, significant increases for health serv- and above the present bill is included health services, Forest Service, the ices for Indian people, including an in- in each one of these years. cleanup of abandoned mine lands. crease of $167 million for health serv- Next, the orange is ‘‘urban and his- To be perfectly clear, the construct ices and $47 million for construction toric preservation programs,’’ the pur- of title VIII is not what I would have and repair of health care facilities. ple is ‘‘State and other conservation dealt had I complete discretion. Nor do The bill provides continued support programs,’’ wildlife grants, wetlands I believe it is what the Appropriations for the Department of Interior’s efforts conservation, the Geological Survey, Committee would have written with to reform its trust management prac- and the like. The red is ‘‘Federal and complete discretion. Congress has al- tices. This is a massive problem that State Land and Water Conservation ways had the ability to provide in- has developed over decades, if not the Fund programs.’’ The green is ‘‘coastal creases to the programs through the entire 20th century, which will take programs,’’ basically under the juris- regular appropriations process, but it time and resources to fix. This con- diction of NOAA, and the ‘‘other’’ be- has not necessarily done so due to the ference report provides the budget re- ginning in fiscal year 2002 is the $160 resulting impact on other programs quest for the Office of the Special million a year add-on which can be at and, of course, on the deficit or the sur- Trustee, and also provides an emer- the discretion of the Congress, devoted plus. Nevertheless, title VIII represents gency supplemental of $27.6 million for to any one of these other programs. a fair compromise that reflects the activities directly related to recent de- That will be decided by future Con- general views of this Congress with re- velopments in the Cobell litigation. In gresses. spect to these programs, and it has the addition, the bill provides an increase As the allocation for the overall cat- support of the administration. of $31.9 million above fiscal year 2000 egory grows in the outyears, that Now, the focus in recent weeks has for trust reform within the regular Bu- growth is not tied to any particular been on wildfires and the conservation reau of Indian Affairs appropriations. subcategory. The suballocations are funding issues I have just addressed. Of the many cultural programs with- not caps. There is nothing to prevent There are other features of the bill to in this subcommittee’s jurisdiction, the Appropriations Committee from which I want to draw my colleagues’ the National Endowment for the Arts also using its regular allocation to attention. The conference report pro- was again the focus of much discussion fund any one of these programs that vides an increase of $104 million for the in the House-Senate conference. The provide additional funding from the operation of the National Park Service conference agreement maintains the overall program growth, the blue part, and the U.S. Park Police, including $40 Senate funding level for the NEA—an lines I have just described on the million to increase the base-operating increase of $7.4 million above the cur- graph. budgets of nearly 100 parks and related rent year level. These additional funds While this structure is somewhat sites. The bill also provides an increase will be targeted for arts education and confusing at first, its effect is to pro- of $66 million for the management of outreach programs, and I think are a vide some certainty to several pro- Bureau of Land Management land and fitting response to the reforms that the grams within the Interior sub- resources, a badly needed boost for an NEA has instituted in recent years. committee jurisdiction which will be agency that has sometimes received This is the first increase of any signifi- likely to receive and maintain substan- less attention than the other land man- cance for the NEA in more than a dec- tial increases over the current funding agement agencies, but which has a de- ade. I am also pleased that funding for levels. At the same time, it preserves manding mission in terms of multiple the National Endowment for the Hu- the availability of Congress to adjust uses. manities is also increased by $5 mil- specific amounts on a year-to-year The operating budgets of the Fish lion. basis in response to changing needs and Wildlife Service and the Forest For energy programs, this conference performance and other factors. Service also receive healthy increases, report includes funding for several pro- Finally, of course, any money not which I hope will enable these agencies grams that will help reduce our de- spent, while it cannot be spent for any to improve performance in areas such pendence on foreign energy sources, as other spending category, obviously will as the Endangered Species Act con- well as reduce harmful emissions from go to pay down the national debt. sultation and recreation management. stationary and mobile sources. The en- The programs that comprise the new In terms of programs designed pri- ergy conservation account is increased spending category are a mix of pro- marily to benefit American Indians, by $95 million, including full funding grams identified as priorities by the this bill has a great deal to offer. From for the Partnership for a New Genera- administration in its budget request, the very beginning of this process, I tion of Vehicles—PNGV. This amount by supporters of CARA during their de- have made Indian education in school also includes increases of $18 million liberations, and by Congress as a whole construction one of my highest funding for the Weatherization program and $4 as represented in the thousands of indi- priorities. Many colleagues on the million for the State Energy Conserva- vidual requests that I receive each year committee—particularly my friend, tion Program. For fossil energy R&D, as chairman of this subcommittee. I the Senator from New Mexico, Mr. the bill provides $433 million, and es- want to emphasize, once again, what I DOMENICI, who is here on the floor— tablishes a new powerplant improve- did several months ago when we de- have for years stressed the need for in- ment program to support demonstra- bated this bill for the first time. I creased investment in Indian schools. tion of advanced coal power tech- think this year we had 1,100 requests This year’s budget request provided an nologies. This is an initiative that I am from 100 Senators for programs within opportunity to provide this invest- sure Senator BYRD will wish to discuss Interior—the great majority of which ment. I am pleased the conference re- further, because it is one of his favorite would fall into one of these categories. port provides $142 million for school re- items. Vitally important is the fact that the placement. This is $75 million above There are many other elements of bill does not create any new entitle- this year’s enacted level and will pro- this conference report that recommend ments. At the same time, it is not an vide funds for the replacement of the its passage by the Senate, but I will empty promise. For the same reasons— next six schools on the Bureau of In- only mention one more. Funding for we rarely see an appropriations bill go dian Affairs priority list. It also pro- payments in lieu of taxes is increased to the floor without spending every vides funding for a cost-share program by $65 million, including $50 million penny of its allocation—I think it like- for eligible replacement schools, which provided in title VIII, outlined on this ly that allocations provided in title is designed to provide funding so that chart. This brings appropriations for

VerDate 02-OCT-2000 00:26 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.026 pfrm02 PsN: S04PT1 S9798 CONGRESSIONAL RECORD — SENATE October 4, 2000 PILT to $200 million. This increase rep- pation. I am rather certain that the Mr. DOMENICI. I also say, overall, resents a significant step in raising ap- President would not have made the re- when we make requests of you and propriations for PILT toward the au- quest without the constant advocacy your people, and Senator BYRD and his thorized funding level. on behalf of this program from the Sen- people, I do not think in any case for I also wish to note two errors in the ator from New Mexico. I think he can me we could have been treated more Statement of Managers. Page 177 of the take great credit for this success. fairly. Every request was looked at Statement of Managers indicates that Mr. DOMENICI. I thank the Senator, carefully. I thank my colleague so an increase of $4 million above the my good friend, very much. much for the many things he was able House level is provided for ‘‘Heavy Ve- Second, we debated on the floor of to do for my State. I will enumerate hicle Propulsion within the hybrid sys- the Senate an interesting sounding them and perhaps come to the floor be- tems activity.’’ This is incorrect, and amendment. We called it ‘‘Happy For- fore the Senator is finished and talk is a result of an error in the conference ests.’’ It was a $240 million amendment with a little more specificity. But I notes. The $4 million increase over the on this bill on the floor. I thought I thought before he left his opening House level is for ‘‘Advanced Power was going to get a lot of guff here on statement too far behind, I would like Electronics,’’ reflecting the amount the floor because I asked for $240 mil- to add my words at the end of it as I provided in the Senate-passed bill. On lion and divided it among the two have this morning. page 194 of the Statement of Managers, agencies that control our property, the Mr. GORTON. I appreciate that. As the paragraph that begins ‘‘Consistent Forest Service and the BLM. What I the Senator knows, this is a reciprocal with paragraph (3) and accompanying wanted to do with the money was to relationship. The people of the State of Senate instruction . . .’’ should have push, with a great deal of vigor, for Washington can thank the Senator been deleted. these two Departments to go out and from the State of New Mexico for many In closing, I want to again urge my inventory where the forests were close vitally important programs that are in colleagues to support this conference to our cities, where the forests have the bill for energy and water that he grown up, where cities have grown up report. It does a tremendous amount of manages. good for the management of our Fed- and where there is a proximity of Mr. DOMENICI. By the way, that is eral lands, as well as for the conserva- buildings and people to the forest be- going down to the President soon—I tion of lands and waters whether Fed- cause that is very risky. don’t know how long it will take—and We did strike a positive tone with the eral, state, municipal or private. It is a it will come back here with a veto, and administration when they admitted good bill that has the unanimous sup- we do intend to work as expeditiously that there were many such cases and port of the conferees of both Houses, many examples. We have cited exam- as we can to repass it with the many and I urge its adoption by the Senate. ples of a city such as Santa Fe in New things that are in there for your sake. Mr. DOMENICI. Will the Senator I yield the floor. Mexico where its water resource is yield? Mr. GORTON. I note the presence on right in the forest. If that forest hap- Mr. GORTON. The Senator will be the floor of my distinguished col- pened to burn, they would lose their happy to yield. league, Senator BYRD, my good friend, water supply. So we thought we ought Mr. DOMENICI. Mr. President, I, who also has a great deal of responsi- to pursue this and start a list of those first, congratulate Senator GORTON. bility for this. and make the Federal Government Everything considered—the pressure of I yield the floor. start to list the risky ones and then the closing, the politics of this sea- The PRESIDING OFFICER. The Sen- start to clean them up. son—I think he produced a very good We had to argue for 3 days. We got ator from West Virginia. Mr. BYRD. It goes without saying, bill and I compliment him. I would like about 75 percent of what we wanted. Mr. President—I have said it many to quickly talk with him about three We gave in to the administration on issues because they have been very some in a very valid compromise. But I times already—that the chairman of dear to me and we have finally come can say as to number, as many as a few this subcommittee is fully knowledge- around to solving all three of them in hundred communities that are right in able of the contents of the original bill, this bill. the forests, they should be seeing the fully knowledgeable of what is in this First, the American Indian people Federal Government around coming up conference report, and always—always will thank us because for the first time with some plans to try to alleviate this considerate, always courteous, and is we are making the case for replacing underbrush problem and growth that one of the finest chairmen I have ever Indian schools. They are so much in may, indeed, cause these communities served with on any subcommittee. And disrepair that nobody would send their to burn when we could prevent it with I served with a lot of chairmen of sub- kids to them, but there are no other some maintenance and cleanup. committees. This one is almost with- schools to go to; they are out in Indian We have not reached, to my satisfac- out a flaw when it comes to being country, and we, the Government, hap- tion, language that will push this expe- chairman of this subcommittee. pen to own them. There has been a dra- ditiously because they are fearful in It is a pleasure for me to serve with matic increase this year. Thanks to the White House that we are going to him. I would like to be chairman one this committee, we will add six new push some of the environmental laws. day, but I am not the chairman, and I schools, and we will do a very large We made it clear the environmental fully understand that. If somebody else amount of maintenance on buildings laws apply. Nonetheless, there will be other than I has to be chairman, I like that desperately need it. If Congress some difficulty on the part of the bu- Senator GORTON. We accomplish a lot will heed what was discussed, they will reaus of the Federal Government be- for this Nation together. This is a do this for 5 or 6 years and get rid of cause they have to move with some dis- great subcommittee. the entire backlog. patch and they have to advise people a I have said many times it really is a Senator, you have heard me for years lot more than they ever did about the western subcommittee, more so than it ask the administration to give us a proximity of fire and the risk to them is eastern, as far as I am concerned. I multiyear budget proposal to take care and where they are scheduled to do the have said that over the years. But we of Indian schools because if we don’t cleanup—where is that? They are going do our best because somebody has to do pay for them nobody will. They are to have to start advising communities. the work. I do enjoy it. I enjoy the col- ours. This year the President put such So I thank my good friend for that. laboration we always have in connec- language in his budget after consulta- Mr. GORTON. Again, this was the tion with this bill. I do it under- tion with a number of us. It is a little program of the Senator from New Mex- standing that the appropriations proc- late, but nonetheless the Indian people ico. I do not think there was any item ess is absolutely vital to the operation can finally say, ‘‘We see some day- in the conference committee that was of Government and that we need to light,’’ with reference to adequate discussed at more length with the ad- know about that process. We need to schools for our kids. ministration and in more detail. I am always understand the rules and the Mr. GORTON. The Senator from New gratified the Senator was able to make precedents of Government. Mexico not only states the case cor- a reasonable compromise and I was de- If I had a larger vocabulary, I could rectly but understates his own partici- lighted to support him. say more about the chairmanship that

VerDate 02-OCT-2000 00:26 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.002 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9799 is rendered by Mr. GORTON. I will not fices, such as the Taj Mahal. But the ment needs to do more with clean coal speak further. I could say the same most enjoyable, pleasurable, satis- technology. We started a plant near thing with regard to the chairman of fying, and comforting thing I saw on Reno, NV, which cost hundreds of mil- the full committee, TED STEVENS. that whole trip was when we flew back lions of dollars. But in the second There could not be any finer man. He is into Washington and I saw those two or phase of it, the Government did not always a gentleman. That goes a long three little red lights in the top of the come through in helping with that en- way with me around the Senate. He is Washington Monument. There we were, ergy-efficient use of coal, and therefore always a gentleman. He is always con- home again, where we could go to the they are going to have to switch and do siderate of the needs and the problems water faucet and drink without fear something else. of the constituents of other Senators. that we might succumb to some dis- The Federal Government has the He listens courteously, and he is very ease. Having been in Afghanistan on means now of clean coal technology. straightforward. If he cannot do it, he that trip and Jakarta and India, Paki- But we have been too cheap as a gov- will tell you so. He tells me that. If he stan, Korea, and Malaysia—all of these ernment. We need to spend more cannot do it, he will tell me so. I like places where one certainly must not, at money on clean coal technology. If we that kind of talk. that time, drink the water without its spent more money on clean coal tech- Mr. President, I fully support the leg- being boiled—it brought to me in a nology, we would be less dependent on islation. I urge my colleagues to sup- very vivid way what a wonderful coun- oil. So I want to help the Senator from port it as well. try we have and how great it is to be West Virginia any way I can to make I will not reiterate the inventory of home, back in the good old United sure we do more with developing clean programs contained in the Interior States of America, where we take so coal technology. And with the tech- conference report, nor their respective many things for granted. nology we have, let’s make sure the funding levels. The chairman has done There were those lights in the top of Federal Government helps implement an excellent job of providing Members the Washington Monument, and here this in places such as Reno, at the with those details. I do, however, wish are these lights. Take away coal; take Tracy plant, so we can do a better job to point out a new program planned for away those lights. The great eastern of cleaning the air. the Department of Energy because of cities of New York and Philadelphia Mr. BYRD. Yes. I thank my friend for its significance to this nation’s overall and Boston, the great cities of the his excellent contribution to the col- energy security. East—take away the coal, and it is loquy. Many times, as he has said, we have Within the Fossil Energy Research going to shut down a lot of industries. discussed this matter. He understands and Development account, funds have People will then begin to appreciate the background from which I came— been provided to undertake a power that coal miner whose sweat, and which is a similar background to that plant improvement initiative. This new sometimes tears, and sometimes blood from which he came—the coal mining; effort is vital to our Nation if we hope afford this great country the leisure to continue our economic expansion. in his case, gold mining; in my case, and the comfort that come from coal- coal mining. Sometimes we refer to it Upgrading and renewing our out-of- fired plants. as ‘‘black gold.’’ date and undersized electric power sys- We are working to make this coal This coal has provided the livelihood tem cannot wait. We cannot sit back more environmentally feasible. We for thousands of miners over the years, and wait for the development of new have gone a long way. I have supported who have risked their lives to go into power sources which, to date, have not appropriations and initiated appropria- those coal mines. So research, I have proved commercially viable. tions for clean coal technology, and we believed during the years I have been The fact is, more than half of this have seen the results of this research on the Senate Appropriations Com- Nation’s electricity is generated in that is being done by these funds that mittee—42 years—is the answer to coal-fired power plants, a situation come out of the committee on which many of the things, research. And that is not likely to change for the the distinguished minority whip, Mr. through research, mining has been foreseeable future. REID, and I sit. made more safe. We have fewer and We are working today by virtue of There are people in this Government fewer miners being killed annually the lights that are in the ceiling of this who, I imagine, would like to see the than we have had in the past. Chamber. It used to be in this country mines closed, coal mining done away It has been a very bloody—a very that this Chamber was lighted by gas. with; shut them down. We know we are bloody—employment and a very bloody It was only in this century, the 20th in transition, and we are preparing for industry, if you go back over the years. century—and we are not into the 21st that eventuality by the fact that we So we have improved the safety. We are yet—it was only in this century that appropriate funds in this committee to helping to clean up the environment. we saw air-conditioning come to this produce energy in an environmentally We are understanding ways in which Chamber. feasible manner. coal may be mined more cheaply. And From where does this energy come? Mr. REID. Will the Senator yield? that is the result of the moneys that What is the source? What is the source Mr. BYRD. I do yield, with great have been appropriated through this of the little light we see at night burn- pleasure, to my friend. Subcommittee on Interior. ing in the top of the Washington Monu- Mr. REID. I ask my friend from West As I have already indicated, I have ment? Virginia this question. I can’t pass up appropriated, I have been the source of I made a trip around the world with the opportunity; whenever I hear some- the appropriations of millions of dol- a House committee in 1955, 45 years one talking about miners, my mind is lars for clean coal technology. And I ago. We went around the world in an flooded with thoughts of my father. have to say that my own administra- old Constellation, four propellers. We The Senator and I have discussed what tion has several times, in the budget visited many countries. Today it would a hard job a miner has. I can remem- that has been sent up here to the Con- be called a junket. But we were away 68 ber, as if it were yesterday, my father gress, recommended deferring—defer- days. We visited many countries coming home, muddy and dirty, telling ring—some of these moneys, using throughout the world. When I was in us he had another hard day at the of- these moneys that are there for clean high school, I read a book by Jules fice. The fact of the matter is, he coal technology, using them for some- Verne titled ‘‘Around the World in 80 worked very hard. Miners work very thing else, or even rescinding some of Days.’’ We went around the world in 68 hard. those moneys. days. Of course, John Glenn went The Senator from West Virginia has Now I have fought—fought—these around the world in, I believe it was 81 done such an outstanding job of pro- budget recommendations off several minutes. tecting miners, and not only coal min- times. So I think we have reached the The point I am making is I visited ers. You have helped us with our gold point where the Presidential can- many countries, saw many things, met miners, people who go under the Earth didates need to talk about this. And I many high people—kings and princes for other types of product than coal. hope they will. and queens, shahs. We saw wonderful I also say this to my friend from Given that reality, it makes good, edifices, beautiful edifices, great edi- West Virginia, my leader. This Govern- common sense for the United States to

VerDate 02-OCT-2000 00:26 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.085 pfrm02 PsN: S04PT1 S9800 CONGRESSIONAL RECORD — SENATE October 4, 2000 try to ease the demand on the existing in favor of a requirement that this in Sangamon County but practiced law fleet of electric plants. And, so, the Abraham Lincoln $120 million library all over central Illinois. conferees have included this new power carry with it the requirements that all In recent years, we have turned up plant improvement initiative in an ef- contracts be competitively bid in ac- many original legal pleadings and fil- fort to bring business and Government cordance with Federal procurement ings drafted by Abraham Lincoln. together in a productive partnership law, the purpose of which is to prevent Many of those documents are now scat- that will produce more energy, yet political favoritism in the awarding of tered all over the State of Illinois. It cleaner energy. I am pleased that this construction contracts and also to get would be a wonderful achievement if effort is being made, and I thank the the best value for the taxpayer. we could finally have one great Lincoln distinguished chairman for his help in I rise to speak on the Subcommittee Library in Springfield to bring all the ensuring that our Nation’s energy on Interior appropriations bill because Lincoln artifacts in the possession of needs continue to be a top priority. there is language in the bill that au- the State of Illinois, as well as what- I thank the other members of the Ap- thorizes $50 million in Federal funding ever members of the public donate for propriations Committee. And I thank over several years for construction of this library, into one tasteful, well our colleagues on the other side of the the Abraham Lincoln Library. How- thought out monument to the man who Capitol on the Appropriations Com- ever, the language requiring competi- is arguably the greatest President of mittee there who have worked with us tive bidding of the construction con- the United States, the one who saved in this regard. tract has been stripped out of the con- our Union at its hour of maximum Beyond this particular program, let ference report. peril. me also say how much I appreciate the The Governor of Illinois is opposed to I am concerned that if we don’t have chairman’s overall support for projects the attachment of Federal competitive tight controls over taxpayer money and programs of importance to the mi- bidding guidelines and apparently that is going to build this library, we nority Members of this body. I have al- asked for House assistance to go run the risk of winding up not with a ready referred to that, but I think it around the Senate, which has spoken $120 million Abraham Lincoln Library bears reflecting upon again. As always, on this issue and gone on record in but instead a $50 million building that his graciousness, his dedication to favor of the Federal competitive bid just happens to cost $120 million. I duty, and his steadfast commitment to guidelines. think there could be no worse or uglier working in a bipartisan manner have I support construction of the Abra- irony than to have a monument for made this conference far less arduous ham Lincoln Library in Springfield, IL. ‘‘Honest Abe’’ wind up being a gigantic than it might otherwise have been. De- If it is done properly, it could be a won- public works project on which a bunch spite all the tangents that conferees derful treasure, not only for the city of of political insiders wind up lining their pockets at taxpayer expense. are wont to go off on—if left to their Springfield and for the State of Illinois Let me share some background on own devices; and I understand how that but, indeed, for the entire Nation. Of course, Springfield, IL, is where ‘‘Hon- the Abraham Lincoln Library, where is very easily done—Senator GORTON the idea first started, and how it has never lost sight of the ultimate task at est Abe Lincoln’’ lived. He lived there for many years. He is responsible for changed over the years. I think my col- hand. leagues will see that I have reason to So in my opinion, based on my expe- making it the State capital of Illinois. be concerned about the growing cost of When Abe Lincoln served in the State rience, he is the consummate profes- the project and certainly the mag- legislature in the early part of the sional. And he and his staff—we must nitude of it within the city of Spring- 1800s, he was successful in leading a not forget the staff. We often hear that field. the clothes make the man. Well, I must drive to move the State capital from This is a time line: ‘‘The Lincoln Li- say, based on my experience here, that Vandalia to Springfield, IL. For several brary Project Time Line and Inter- the staff, in large measure, make the years, he represented Sangamon Coun- esting Facts.’’ Senator and help to turn the wheels of ty in both the Illinois Legislature and Back in February 1998, then-Gov- the Nation. So our staffs are to be com- later for a period in the U.S. Congress. ernor Jim Edgar proposed construction mended for their efforts. Of course, his debates for the Senate of the Lincoln Presidential Library in I urge all my colleagues, Mr. Presi- seat with Stephen Douglas of Illinois in Springfield and committed $4.9 million dent, to support this conference report 1858 are legendary. in State funds for initial planning and so that we can send it to the White I am very proud to hold the seat in design. At that time, the projected cost House for the President’s signature. the Senate that Abraham Lincoln and of the project was not $120 million. The I yield the floor. Stephen Douglas vied for in 1858, be- projected cost was $40 million. They The PRESIDING OFFICER (Mr. fore, of course, Abraham Lincoln went said it was going to come from State, BURNS). Under the previous order, the on, in 1860, to be elected the first Re- local, and private funds. Senator from Illinois is recognized. publican President of the United States Later on, in May of 1998, the project Mr. FITZGERALD. Mr. President, I and one of our greatest Presidents was no longer a $40 million project. It am here to speak on the $120 million ever. had grown 50 percent in those few Abraham Lincoln Library, for which There are several Lincoln attractions months. It was now a $60 million there is authorization language in the in Springfield, IL. I am sure many of project. According to the Copely News Interior Subcommittee appropriations my colleagues and many of the people Service, on May 13, 1998, the estimated bill. in the gallery have visited Lincoln’s cost of the Lincoln Library was raised Last night, the Senate passed sepa- home in Springfield, IL, which is run to $60 million, an increase of 50 per- rate legislation authorizing $50 million by the National Park Service. It is cent. Senator DURBIN and my prede- of Federal funds for the construction of maintained with a great deal of care. It cessor, Carol Moseley-Braun, and Sid the Abraham Lincoln Library in is a wonderful attraction. I went there Yates, who was at that time the rank- Springfield, IL. The library is intended as a boy, and I have returned there ing member on the House Interior to be built with a mixture of State and many times since. Senator DURBIN and Committee, were seeking $30 million in Federal funds. The total cost of the I both have our Springfield district of- Federal commitment for the project. project would be about $120 million. fices in the Lincoln home neighbor- They wrote that the State and the city The Senate, in adopting its author- hood, which has been renovated and re- of Springfield were willing to commit izing language, attached an amend- stored to the way it was when Abraham up to $30 million in funds to match ment, that I put on, that required this Lincoln and his family lived there Federal support. That was May of 1998. library, this monument for ‘‘Honest prior to his becoming President. We had gone from $40 million up to $60 Abe’’ Lincoln—that all the construc- We also have in Springfield the Abra- million. tion contracts on it be competitively ham Lincoln law office. One can actu- By April 1999, less than a year later, bid in accordance with the Federal ally go into the very same building in the project price tag had gone up competitive bid guidelines. which Abraham Lincoln practiced law again, this time a little bit more sig- That language cleared the full Senate for many years in Springfield. He rode nificantly. ‘‘Illinois Historic Preserva- last night. The Senate went on record the circuit. He did not just practice law tion Association authority spokesman

VerDate 02-OCT-2000 01:09 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.088 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9801 says library may cost as much as $148 the details of the taxpayer money in- that I have read, has three directors on million.’’ We have gone from $40 to $60 volved. I noted the size and scope of the its board—a Mrs. Julie Cellini, who is million, and now we are at $148 million. construction project, how it had grown head of the Illinois Historic Preserva- I believe, now, today, since April 1999, from $40 million to $60 million to $120 tion Agency; Lura Lynn Ryan, the they are talking about $115 or $120 mil- million in projected costs over a very First Lady of the State of Illinois; and lion. Gratefully, the cost or the pro- short period of time. But I also want to Pam Daniels, the wife of Lee Daniels, jected cost has gone down from April refer you to the language in the Inte- the Republican leader in the Illinois 1999. We are talking today about a $115 rior conference report now on the floor State House of Representatives. I hope or $120 million project. That is a big of the Senate, which has come over to the Governor of Illinois and the Sec- building for Springfield, IL. us from the House. retary of the Interior will not give These are Illinois structures and cost The language in the conference re- these public funds to the private cor- comparisons. This is taken from a port does not tell the people of this poration called the Abraham Lincoln State Journal-Register article of May country to whom the $50 million is Presidential Library Foundation be- 1, 2000. The State Journal-Register is going to be paid. The language of the cause, if that were to happen, then no the newspaper in Springfield, IL. They conference committee report says the one’s competitive bid laws, no one’s apparently did some figuring and esti- $50 million will go to an entity that procurement laws would be attached mated the cost, adjusted for inflation, will be selected later. We are talking and the money could really be out of of many of the other prominent build- about $50 million. Everybody is acting the taxpayers’ control. ings in the city of Springfield, IL. under the assumption that this money Assume, for the sake of argument, Our State capitol in Illinois was built is going to be given to the State of Illi- that this $50 million in Federal money between 1868 and 1888. The estimated nois. I think it should be noted that would not be given to a private indi- cost, adjusted for inflation, of con- there is no requirement in the con- vidual or a private corporation and structing the State capitol in Spring- ference committee report that is before that the Secretary of the Interior and field, IL, is $70 million. The State His- the Senate that this money is required the Governor of Illinois would want it torical Library, constructed from 1965 to go to a public source, such as the sent to the State of Illinois. I think it to 1968, would cost $13 million to build State of Illinois. It is required to go to is a reasonable assumption that the today. Keep in mind that with this ‘‘an entity’’ that will be selected later. State of Illinois would turn the money project—the Lincoln Library—we are Now, could that be a private entity? It over to the State Capitol Development talking about a $120 million building. appears to me it could because there is Board, which usually builds State The State Library, redone in 1990, was nothing in the conference committee buildings such as this—builds State $6 million; Lincoln’s Tomb, done in report that would prevent it from being prisons and has built the State of Illi- 1865, $6 million. The Dana-Thomas paid to a private entity. It says an en- nois building in downtown Chicago. It House, a Frank Lloyd Wright home, tity that will be selected later by the is a reasonable assumption that if the which I believe the State owns and Secretary of the Department of the In- entity selected to receive the $50 mil- manages, built between 1902 and 1904, terior in consultation with the Gov- lion is not a private entity, the money would cost $9 million. ernor of Illinois. would go to the State and the State Now, the State has a revenue depart- Now, under the language as it is would turn it over to the Capitol De- ment. It is one of the largest depart- worded, they could possibly give that velopment Board, which is known as ments of the State, and it has a fairly $50 million to an individual. I hope that the CDB for short. The State contends that if the money new building that goes back to the will not happen. I hope the Secretary is handled by the CDB, the State’s pro- early eighties, one of the very large of the Interior and the Governor of Illi- curement law for its competitive bid- State office buildings in Springfield nois will not decide to take $50 million ding laws that applies to the CDB and that was built between 1981 and 1984. of taxpayer money and give it to an in- to other State agencies, such as Cen- The estimated cost, adjusted for infla- dividual. But they could under the lan- tral Management Services, and appar- tion, of building it today is $70 million. guage before the Senate. There would ently most of the rest of the State gov- They have a gigantic convention center be no violation of the law if they did. ernment, that its code would apply to in Springfield called the Prairie Cap- They could also give it to a private cor- poration. There would be no violation the construction of this library and itol Convention Center, constructed be- that its code would require competitive of this conference committee report if tween 1975 and 1979. The estimated bidding of the project. the Secretary of the Interior, in con- cost, adjusted for inflation, of building The Governor of Illinois contends that giant Capitol Convention Center sultation with the Governor of Illinois, that there is no need for the Federal today would be $60 million. steered this money to a private cor- competitive bidding guidelines to be There are also some very notable pri- poration. If that were to happen, this attached because in his judgment the vate buildings in Springfield, IL, that money would just have gone out of the State procurement code is sufficient. are quite large and significant. One is public’s hands and out of the public He also points out that I, PETER the Franklin Life Insurance Company control into an area where we could no FITZGERALD, Senator from Illinois, building, built between 1911 and 1913. longer really put much in the way of when I was a State senator rep- The estimated cost, adjusted for infla- restrictions on what they did with it. resenting the northwest suburban Chi- tion, of building it today is $44 million. Pretty much the only requirement in cago area district in the Illinois State The Horace Mann Insurance Company the conference report is that this enti- Senate, voted for that procurement building, built from 1968 to 1972, would ty, to be designated or selected later, code. Indeed, I did in 1997. I believed be $34.5 million. will have to show its plans for the con- that code appeared to represent an im- So, again, the Abraham Lincoln Li- struction of the library. provement over the prior procurement brary is going to be almost twice as There is a private entity out there code in the State of Illinois. But I re- costly as any of these other buildings— called the Abraham Lincoln Presi- gret that there was a loophole in that almost twice as costly as the State dential Library Foundation. As far as I State’s procurement code that I missed capitol, even though the capitol, I be- can tell, this is a private, not-for-profit in 1997. I regret that I missed it, and I lieve, is projected to be about two corporation that has filed with the Illi- want to make doubly sure that we times the size of the projected Abra- nois secretary of state’s office on June don’t repeat another loophole in this ham Lincoln Library. We are talking 20, 1990. It has an address of 10 South particular project. I didn’t recognize about a very substantial building. It is Dearborn Street, Suite 5100, Chicago, this loophole until I sat down and com- interesting to note, as well, that the IL. The registered agent’s name is J. pared the State code side by side with Ronald Reagan Library—a Presidential Douglas Donafeld. I recall Mr. Donafeld the Federal code. library which opened in 1991—cost $65 as a lawyer in Chicago who does lobby In my judgment, there are two main million. work in Springfield. The corporation’s problems with the State’s competitive I have indicated to you the mag- name is the Abraham Lincoln Presi- bid code. nitude of this project as being some- dential Library Foundation. This foun- There are many instances in the thing that caused me to really focus on dation, according to published reports State procurement code where there

VerDate 02-OCT-2000 00:26 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.031 pfrm02 PsN: S04PT1 S9802 CONGRESSIONAL RECORD — SENATE October 4, 2000 are fairly narrow exceptions to the struction projects of less than $30,000 to pay the cut extracted by Uncle Sam. general requirement for purchases of total; No. 3, limited projects such as The American people are fundamen- goods and equipment, building con- asbestos removal for which CDB may tally very generous with their money. struction contracts, and leases. There contract with correctional industries; They will permit reasonable expendi- are some narrow exceptions sprinkled No. 4, an architecture program which tures for their community, for their throughout the code to the general re- follows a separate procurement proc- State, for worthy projects, but we owe quirement that the project be competi- ess; No. 5, construction management it to all Americans—not just those tively bid with an overall push towards services which are competitively pro- Americans in my State of Illinois but trying to get the lowest cost bid built cured under a separate law; and, No. 6, Americans all over the country—to into the code. But most of the excep- sole source items. take great care with their money and tions built into the code to the com- I am not sure what the sole source to treat it no less carefully than we petitive bid requirements are fairly items are. would treat our own money. narrow. But, in any case, they don’t refer to I sometimes wonder whether those If the State does not use competitive this section of the law which seems to who oppose closing this loophole by bidding to buy something, they typi- me is plain as day. substituting them with the Federal cally will have to give notice and file I am a lawyer, so I didn’t find it con- competitive bid guidelines—which are written reasons for not going forward fusing. I have run it by nonlawyers, much more comprehensive, much more with competitive bidding. and none of them have been unable to thoroughly defined, and which a lot of But here is a loophole. And here is understand this. It doesn’t seem as if thought has gone into—if they were why this loophole is relevant to this there is any ambiguity here. building a house, wouldn’t they com- major gigantic project. It says, ‘‘The Capital Development petitively bid or insist that their house Within the part of the State procure- Board shall establish by rule construc- be competitively bid if they had to pay ment code that deals with the Illinois tion purchases that may be made with- for it out of their own pocket? I think Capital Development Board, which, as I out competitive sealed bidding.’’ So they would. I think they would do what have explained, is the board or State they can establish a rule that they can they could to secure the best possible agency that would be required to con- do this without competitive bidding. value for themselves. And I think we in struct the Abraham Lincoln Library, What does it mean when they estab- government ought to try and treat the provided the Governor of Illinois and lish a rule, when they say ‘‘rule″? taxpayers’ money with the same re- the Secretary of Interior don’t channel The Capital Development Board can spect we treat our own. the $50 million in Federal money to a just write its own rule. It has that au- As to another point on the State of private entity outside the control of thority from the Illinois General As- Illinois code with respect to competi- anybody but the board of directors of sembly to write its own rule. And in tive bidding, this is a very subtle omis- that corporation, the Capital Develop- this authority to them to write its own sion. This is a problem not just in the ment Board has a special section in the rule, we have an unchecked level of dis- portion of that code which deals with procurement code. They have a special cretion on the part of the State that, the Illinois Capital Development exemption. in my judgment, leaves too much room Board; it is a problem that permeates Let us read the Capital Development for abuse by political insiders in the the whole code. This is the one loop- Board special exemption. You don’t State of Illinois. hole that I didn’t fully appreciate until need to be a lawyer to understand that When I saw that was in the bill origi- this is a rather broad loophole in the I sat down and read the Federal pro- nally authorizing this appropriations, curement guidelines, side by side, with portion of the Illinois Capital Develop- which as I said, the Senate passed last ment Board’s procurement code. the State guidelines. night with my amendment requiring The Illinois rules where sealed com- This is from an Illinois statute. This Federal competitive bid guidelines, and is binding law in the State of Illinois, petitive bids are required—as we have my staff showed it to me, we said this shown, it is not required; the Capital passed by the Illinois General Assem- is a giant loophole. bly, and signed into law by the Gov- Development Board can opt out of com- As one paper in Illinois has editorial- petitive sealed bidding, but where the ernor of Illinois. ized it, it is a giant loophole for which 30 I.L.C.S. 500/30–15: (b) says: code does require competitive sealed you could drive a whole convoy of Illi- bidding—and maybe in this project the Other methods. The Capital Development nois Department of Transportation Board shall establish by rule construction State would not opt out of competitive purchases that may be made without com- trucks. sealed bidding, but say it applied its petitive sealed bidding and the most com- I regret that I missed that when I own competitive sealed bidding guide- petitive alternate method of source selection voted for this procurement code of lines. It is interesting there is a lot of that shall be used. which I was a part back in 1997. language in the procurement code that The code clearly contemplates that I asked the Congressional Research gives the State the appearance of a reg- the Capital Development Board shall Service if there was a comparable loop- ulator. not have to use competitive bidding; hole in the Federal law. On its face, there are a lot of fairly that they can opt out of competitively In a memorandum to me from an at- ordinary provisions one would expect bidding for this construction contract. torney in the Congressional Research in a State procurement code. One thing That language is plain as day. Service at the Library of Congress, it is interesting. The State code, when it The Capital Development Board, in says: requires the State to go out and solicit seeking to oppose my amendment The exception found in 30 I.L.C.S. 500/30–15, bids—say, for a construction contract— which requires the application of Fed- which permits the Capital Development they are required under the State code eral competitive bid laws, has cir- Board to establish by rule construction pur- to tell the bidders in advance what cri- chases which may be made without competi- culated a letter that says they have to teria the State is going to evaluate in competitively bid the project under tive sealed bidding, does not have a com- parable provision in Federal procurement selecting bids. In other words, the State law. However, their letter makes law. On its face it appears to be a rather State would have to tell prospective no reference or attempts to abut this broad exception to the requirement for com- bidders how they are going to select provision of State law. petition in awarding State construction con- the contractor and presumably they Here is what their letter says: tracts. would tell prospective construction DEAR SENATOR FITZGERALD: Competitive I think it is very clear that is a giant contractors that they are going to look bidding has long been the requirement for loophole that should not be allowed in State of Illinois construction contracts and at cost, workmanship, experience, was most recently reaffirmed with the pas- a project of this magnitude. Mr. Presi- quality, management. There could be sage of the stricter Illinois procurement code dent, $50 million of taxpayer money all sorts of factors at which they are of 1998. Only six exemptions to that provi- from the Federal Government is a lot going to look. And they have to tell sion, which are defined by rule and must be of money. How many Americans are the bidders, in advance, what factors approved by the director, exist. working day in and day out, some fam- they will look for. And then they name the exemptions: ilies with parents working 2, 21⁄2, some- It is interesting; the State code No. 1, emergency repairs; No. 2, con- times 3 jobs just to pay the taxes, just doesn’t require the State officials to

VerDate 02-OCT-2000 00:26 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.034 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9803 tell the bidders the relative weight or potential for political favoritism in the and fundraisers, real estate developer Tony importance of each of those criteria. award of contracts using taxpayer Perry, who was among the dignitaries on the The Federal code does. Federal law re- money. date for Ryan’s announcement. If I may, for a moment, I would like Perry, acting at Ryan’s behest as the point quires that sealed bid solicitations dis- man for Hopkins Park and Pembroke Town- close in advance all significant bid to now turn to the context, the overall ship’s bid for the new prison, personally ac- evaluation factors and the relative im- general context in which I come to the quired options on the 120 acres the state will portance of each factor and whether Senate floor to argue against language buy to construct the new women’s facility. nonprice factors when combined, will in this conference committee report By Perry’s own account, the current own- be accorded more, equal, or less weight that comes to us from the House with ers will pay him about a 5 percent real estate than price. the requirement of competitive Federal commission, which would amount to about The citation for that Federal require- bidding of the $120 million Abraham $33,000, when he exercises his options to ac- Lincoln Federal Library in Springfield, quire the land. Then he will sell the land to ment is at 41 U.S.C. section 253(a). The the state. Right now, he says, he plans to sell State code, by not requiring that the IL—the requirement of competitive the acreage for the same price he will pay— State tell you in advance what weight bidding according to Federal laws— about $5,500 an acre. they are going to assign the different stripped out of it. But state officials say that price is still criteria, allows a purchasing officer for I reviewed early on in my discussion open to negotiation and his profit could be the State to pick any bid he or she how the cost of this project had gone higher. And Perry also acquired options on wants and explain his decision by say- from $40 million to $60 million to $120 two other tracts of land near the prison site that are almost certain to be developed. ing that the one factor for which that million; that we are talking about a lot of money. This would be a monstrous A Tribune examination of how Perry, the bid was better or the combination of governor’s longtime friend, came to act as factors for which that bid was better building within the city of Springfield, the middleman for the proposed prison con- was the most important factor. one of the biggest buildings, in fact, struction illustrates anew the financial ad- That subtle omission in the State save for the Springfield Memorial Hos- vantages political insiders reap under Ryan, law allows practically any decision the pital. But I also want to give the rest already under fire for questionable leases of State makes to be rationalized after of the picture, the other parts of the state facilities during his tenure as secretary puzzle that cause me to have great con- of state. the fact. So, conceivably, somebody Perry’s role in the selection of Hopkins could come in, and say we have a $1.5 cern and to feel as strongly as I do that there ought to be tighter controls on Park and Pembroke Township for the prison million construction project. Some- site began last summer, as the sweepstakes body bids $1.4 million; the other bidder the spending. among Illinois communities vying for the bids $1.6 million. The State can give Illinois has a long history of having new penal facility got under way. the award after the fact to the high had problems in State procurement. At a luncheon, Perry said—he doesn’t re- bidder, the $1.6 million, and say they There have been questions before about call where—the governor asked him to help capital construction projects involving the impoverished Kankakee County commu- decided the management experience nities complete the required paperwork to fi- and the quality of the higher bidder the Capital Development Board. In fact, I would like to read an editorial nalize their bid for the new facility. was more important than the cost that Perry went to work, first meeting with from the Peoria Journal Star, dated you, the low bidder, offered. They could local officials. Wednesday, March 16, 1994: move the goalpost after the fact and ‘‘Tony Perry told us the governor sent there would be nothing the losing bid- To the Illinois Capital Development Board him. . . . The governor sent him to make for giving River City’s construction compa- der could do. There would be no chal- sure the paperwork got done correctly,’’ said nies an unfair advantage—thumbs up. Hopkins Park Village Clerk Pam Basu, who lenge. There is no State procurement Giving an unfair advantage in bidding to opposes the prison project. law because no State procurement law manage construction of a southern Illinois Then Perry set about meeting with land- was violated. In fact, it would be very prison, River City submitted the low bid and owners to persuade them to sell the farm- difficult to violate the State rules. the board’s staff recommended its accept- land, and he personally obtained options to When I reflected on this, it occurred ance. But the board rebid the project and acquire 480 acres, representing three pro- to me that after almost a lifetime of awarded it to a Chicago firm, knowing what posed sites in the area. Although the state River City had bid, which, knowing what now needs only 120 acres for the site, Perry living in Illinois and reading about pro- River City had bid, lowered its own offer. curement scandals and reading inves- originally obtained options for three 160-acre The process is doubly tainted because the parcels of land. tigative report after investigative re- Chicago firm, together with its subcon- He researched the cost of supplying utili- port by the Chicago Sun Times, the tractor, had donated $10,000 to a previous ties to the site and rounded up vital statis- Chicago Tribune, the Associated Press, Governor’s campaign. The perception, right- tics about one of the state’s poorest commu- on leases that ripped off the State, on ly or wrongly, is that River City lost the nities. construction projects that ripped off contract because it didn’t ante up. For all that work, Perry was not paid, ac- There is another article about a more cording to local officials. the State, on contracts of many sorts But now that the state is set to acquire 120 on which the taxpayers appeared to not recent capital construction project. This is an article from the Chicago acres of land where the new women’s prison have made out well, we rarely, if ever, will be constructed, Perry says he stands to heard of any legal challenge or of any Tribune, dated January 6, 2000. The make a 5 percent commission—or about prosecution. It is very hard to violate headline is: $33,000—from the sale of the land to the the State code. It is that subtle omis- New Prison Benefits Ryan Pal: $33,000 pay- state. sion. I believe that needs to be tight- day seen in land deal. Perry’s role in the development now has touched off a local controversy. According to ened up. The article is by Ray Gibson, a Trib- une staff writer. I would like to read Basu, the decision to allow Perry to act as The Federal code is much better at the communities’ representative was never buttoning down the procurement offi- this article because I think it shows discussed at any township or municipal cials, and under the Federal law we the problems that can occur. I would board meeting. Nor was his agreement with hear of challenges to Federal officials like to set forth the context, why one the sellers to act as a real estate agent and awarding bids to somebody. If there is could, on a large construction project collect a fee ever disclosed, she said. a basis for challenging it because the in Illinois, reasonably be concerned Nonetheless, other local officials said Per- bidder whose bid was rejected can say, about whether the money is all chan- ry’s help was vital to the communities secur- neled into the project and that none of ing the prison. hey, these procurement officers told ‘‘He was the key component. He was very me that cost was 75 percent of it and it is frittered away in rewarding polit- instrumental in helping,’’ said Hopkins Park workmanship was the other portion, ical pals. Mayor David Legett. but they violated those guidelines. The When Gov. George Ryan announced last But others say Perry’s commission, and Federal law does a better job of month that his home county of Kankakee Ryan’s decision to tap him for the job, is just pinnning down the State officials so was the winner in the latest Illinois prison another example of insider politics. ‘‘To me, it sounds like more ways to take they cannot keep moving the goalposts derby, he talked about how the new $80 mil- lion women’s facility would create jobs and care of his close friends,’’ said Jim Howard, and award the projects to their polit- other opportunities for economic develop- executive director of Common Cause, a tax- ical friends. ment. payers lobbying group. ‘‘It just reinforces In my judgment, the Federal code What he didn’t say was that one of the first the public attitude how bad and dirty poli- does a much better job of lowering the to benefit would be one of his top supporters tics is in Illinois.’’

VerDate 02-OCT-2000 00:26 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.037 pfrm02 PsN: S04PT1 S9804 CONGRESSIONAL RECORD — SENATE October 4, 2000 Perry’s role in the Hopkins Park prison is below the poverty level, and its unemploy- cians Can Do.’’ The byline is by Ray unusual on several counts. This will be the ment rate is four times higher than the Gibson and Hanke Gratteau: first time in two decades that the state will state’s rate. The site also is close to the Chi- Before Paul Butera decided to shut down pay the entire cost to buy private property cago area, where many of the prisoners’ fam- and sell his grocery at 3518 W. Division St., to construct a new prison. During 26 previous ilies reside. his telephone started ringing. construction projects, the local communities Even Ryan joked at the Dec. 9 press con- The interest in his property, an enormous vying for the prison sites have either sup- ference when the site selection was an- parking lot backstopped by a single-story plied the land free or paid a portion of the nounced that his roots in the county may brick structure of 30,000 square feet, aston- state’s purchase price. If the state only reim- have influenced the decision. ished him. burses Perry for his cost per acre, it stands ‘‘This is one of the advantages in sup- Located in a working-class area, the gro- to pay $660,000 to acquire the land, the first porting a local guy for public office,’’ he cery had served Butera’s family well for four time the state has paid so much to acquire a said. ‘‘I can’t imagine this would’ve hap- years. But business had waned since a large prison site in at least 20 years. pened if I hadn’t been elected governor.’’ grocery complex opened nearby. Although he A spokesman for the governor would not Despite the potential for enormous eco- had yet to list the property with a real es- comment on why Ryan asked Perry to step nomic assistance from the project, not all tate broker, Butera began getting calls in and help with the application other than Pembroke Township residents are throwing about whether the Humboldt Park property to say that Perry was a real estate profes- out the welcome mat for the prison. was for sale. sional who has a long history in economic A group of about 200 residents called Pem- ‘‘The property got very hot very fast,’’ he development in Kankakee County. broke Advocates for Truth sprang up in the recalled. While many of the communities partici- last several months to try to stop construc- Several weeks before Butera closed the pating in the prison derby hired lobbyists, tion, saying they don’t believe the economic deal in July 1991, he learned the buyer Perry’s role was unique in that he, and not benefits will trickle down to the community. planned to convert the grocery into office local public officials, acted as the point man They point to Perry, who lives in nearby space and rent it to the state for the Illinois for the project. Bourbonnais, as an example of how outsiders Department of Children and Family Serv- ‘‘He was pretty much spearheading the are more likely than locals to reap the bene- ices. communities effort,’’ said Nic Howell, a fits. Unbeknownst to Butera, the state and the spokesman for the Illinois Department of ‘‘There are a lot of angry people out here,’’ buyer, Victor J. Cacciatore, Sr., had ham- Corrections. ‘‘He was the contact.’’ said Beau, who is a member of the group. mered out the details of the lease four Howell said the agency did not know if Perry said Ryan approached him and asked months before Butera sold the property. Perry was being paid. him to help because the two communities The lease was signed in apparent violation ‘‘I have no idea. None whatsoever. I don’t needed assistance with the paperwork. Perry of state purchasing laws that require disclo- know that he’s not doing this out of the said he contacted local officials and offered sure of building and land owners. State offi- goodness of his heart,’’ said Howell, adding his services. cials signed the lease relying on Cacciatori’s that he was unaware that Perry would re- A Ryan spokesman said the governor representation that he was the owner of the ceive a commission on the sale from the sell- ‘‘doesn’t recall the conversation quite that building, said Helen Adorjan, a spokeswoman er. way,’’ but he declined to elaborate. for the state Department of Central Manage- Howell said the state wouldn’t make any Records show that Perry paid little, if any- ment Service, or CMS. offer to buy the property from Perry until thing, for the options on the property. Be- The state has done business with after it does appraisals. cause no cash was needed for the trans- Cacciatore for decades, and, for just as long, Perry said that he is now trying to spur de- actions, either Pembroke Township or Hop- Cacciatore had been a faithful campaign con- velopment around the new prison, but he in- kins Park could have entered into the option tributor. Patronage, the process of rewarding polit- sisted he is not going to act as a developer. agreements with the local landowners, as did ical cronies at taxpayers’ expense, has been He has been meeting with builders and devel- another finalist, the City of Freeport, big business in Illinois. Even though court opers and trying to woo them to bring every- records show. decisions and taxpayers’ outrage largely thing from housing to industrial develop- Perry told the state in September that it have stopped the practice of putting sup- ment to the area. could expect to pay $6,100 an acre for the 160 ‘‘I am not the developer. I am the orches- acres it would purchase. The state recently porters on the public payroll, elected offi- trator,’’ he said. has said it will purchase only about 120 cials still find ways to divide the spoils. Contracts are the mother lode for a new State officials will spend millions of dol- acres. age of patronage. Deals to lease properties, lars to bring utilities such as sewers, gas, Now, Perry said he will sell the land to the perform services and produce goods for the and water to the prison site from as far as state at $5,500 an acre, the price he is paying state are now a $4.6 billion-a-year industry, a two miles away, improvements that will in- the owners. business that has more than doubled in the crease the value of nearby properties as well. (Mr. SMITH of New Hampshire as- last decade. If the prison’s construction fulfills the sumed the chair.) The state’s need to house its burgeoning communities’ dream of development, the Mr. FITZGERALD. Mr. President, bureaucracy has been a gold mine for those land near the prison could be filled with gas there have also been a number of prob- seeking to lease land and offices to the state. stations, restaurants, housing and other de- lems involving Illinois leases that go From 1981 to 1991, the state’s rental costs velopment. climbed to $104 million annually, a 177 per- Perry also has options to purchase two ad- back a number of years. I turn my at- tention to an examination of State cent increase. Those with connections, such joining 160-acre parcels of land that were as Cacciatore, are cashing in. also proposed for the prison site. He said in leasing practices. We have, thus far, The state’s landlords include major donors a recent interview that he will not execute been dealing with the State procure- to the gubernatorial campaigns of James the options to buy those 320 acres, saying it ment code, how it bids out projects for Thompson and Jim Edgar. In the last four would be improper to benefit as a developer. construction, but also part of that code years, Edgar’s campaign fund has received ‘‘I can’t work on somebody’s behalf’’ and governs how the State handles its more than $178,000 from people who lease of- turn around and develop the property, he leases and whether it competitively fices to the state, disclosure forms show. said. Those people include Cacciatore, who has Perry is a longtime friend of Ryan’s and a bids leases for office space or other contributed at least $9,000 to Edgar’s cam- fundraiser. Just four weeks after Ryan an- space that the State of Illinois may paign fund and has received two state leases nounced in September 1997 his intention to give. since Edgar took office. During the final run for the governor’s office, Perry chaired In an examination of this overall seven years of the Thompson administration, one of the first major fundraisers for Ryan’s context of insider deals that have hap- Cacciatore donated more than $27,000 to campaign in Chicago. pened and swirled around and been Thompson’s campaign. During that time, he Since 1994, Perry and the firms that he op- going on in Springfield for a very long was awarded five state leases. erates have donated nearly $19,000 to Ryan’s The DCFS deal marked the second time campaign fund. One of Perry’s ventures, a time, I want to focus on a couple of ar- Cacciatore had offered to rent to the state nonprofit corporation that was formed to ticles that go back a little bit further the building he did not own. Records show he help economic development in Kankake to December 29, 1992. first proposed the Division Street grocery as County, donated $2,250 to Ryan’s campaign, There was at that time a series that an office building in March 1990, more than despite federal tax laws that prohibit it from was run in the Chicago Tribune that 15 months before he bought it. making political donations. was called ‘‘Between Friends. In the Other large states have specific procedures State officials and Ryan have contended new era of patronage, the politically to secure property, but Illinois’ methods are much more fluid, said Michael Bartletti, that there were plenty of good reasons why connected get something better than the site was selected over bids from the two manager of the Bureau of Property Manage- other finalists, Freeport and Wenona. jobs—lucrative government leases.’’ ment for CMS, the leasing agent for most Pembroke Township is statistically one of This article I am going to read is the state departments. Requirements vary ac- the poorest areas in the state and nation. third in a series. The headline is ‘‘Help- cording to geographic and agency needs, he Fifty-two percent of its 3,657 residents live ing Their Cronies Is The Lease Politi- said.

VerDate 02-OCT-2000 00:26 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.004 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9805 For example, sometimes the state pub- ‘‘Confronted with the pressing need to ‘‘Harold Carroll is a friend,’’ Antoniou lishes an advertisement seeking potential service the area with a field office and the said. ‘‘He may have given some peripheral sites. Sometimes it does not. Sometimes lack of such appropriate office space, (the help. I met with him through my wife who state leasing agents search specific commu- state) was willing to pay a rental premium,’’ lobbies (in Springfield).’’ nities for appropriate buildings, Bartletti the company’s written appeal stated. Carroll said that Antoniou asked him to said. Sometimes they do not. Cacciatore also has sold property to the find out the status of possible state funds to Bartletti said CMS rules ‘‘encourage’’ the state. The state’s 1990 purchase of $1.9 mil- buy the building. obtaining of price quotes on ‘‘two or three lion of Cacciatore’s property in Lake County ‘‘We did some checking and we didn’t see sites’’ that would meet state needs. The rule, for a proposed state highway provoked public any funds in the budget,’’ Carroll said. he said, ‘‘encourages competition. It doesn’t outcry there. At his request, the property Illinois’ lease costs are comparable to what require it.’’ was rezoned for development, forcing the officials in New York, Florida and Texas In the Cacciatore deal, the state did not state to pay 20 times the price it normally spend on land rights and office space. Cali- advertise its need for DCFS office space, pays for vacant land. fornia, which has nearly twice as many state records show. One south suburban landlord who leases employees as Illinois and whose real estate Instead, CMS officials relied on responses property to the state said renting office costs are notoriously exorbitant, spends to a year-old advertisement published when space to the state is an insider’s game more than $270 million a year on leases. the Illinois Department of Public Aid sought fraught with politics. But the manner in which leases are let in similar office space, Adorjan said. The landlord, who asked not to be identi- Illinois differs greatly from methods used in Cacciatore had proposed the Division fied, told the Tribune that when he was noti- Florida, Texas and California. In those Street grocery as a potential public aid of- fied that a state agency was leaving his states, landlords must submit sealed bids to fice, Adorjan said, so the site was suggested building in the midst of a long-term con- state officials who are required by law to to DCFS. tract, state officials told him to see William award leases to the lowest and best competi- CMS records on the DCFS office hunt re- Cellini, a top Republican fundraiser. tive bidder. flect that the agency obtained price quotes ‘‘I was told, ‘If you want to get a state Illinois officials reject the notion of com- on two other locations. But an owner of a lease, go see Mr. Cellini,’ ’’ he said. He did petitive bidding on leases. building the state said it surveyed told the not, and the state canceled his lease. Let me read that line again: Cellini headed the state Transportation Tribune that he never was contacted. Illinois officials reject the notion of com- Records state that officials with CMS con- Department under Republican Gov. Richard petitive bidding on leases. tacted an individual named ‘‘Boris Amen,’’ Ogilvie. He has not been a state official in who was trying to sell a 28,000-square-foot nearly two decades but remains one of Competitive bidding has never been building at 2950 N. Western Ave. Springfield’s most influential insiders. His popular in Illinois with public officials, But officials at Advanced Transformer, the sister Janis is Edgar’s patronage chief, and and that is what is at stake here on owner of the 130,000-square-foot factory at the transportation agency still seeks his this $120 million Lincoln Library, that address, said that they never offered counsel, according to former and current of- where objections were made to the U.S. ficials. their property to the state and that they did Senate’s requirement that Federal not know Boris Amen. ‘‘I chuckle sometimes when I hear some of ‘‘I have never had any discussions with the the stories in Springfield about what all competitive bid guidelines be attached state,’’ said Sol Hassom, a vice president for (Cellini) controls. That’s not true,’’ Edgar to this $50 million authorization for a the company. said in an interview. $120 million building in Springfield, IL. Records also state that CMS obtained a Cellini and Cacciatore, along with another Quoting again: price quote on a lease from owners of a build- former state official, Gayle Franzen, were The Tribune found that state rental proce- ing at 3011 N. Western Ave. No such address business partners in 1991 on the purchase of dures are so casual that state files on nego- or building exists. An owner of a nearby a 140-acre parcel in south suburban Hazel tiations for some properties are little more 9,000-square-foot building said he never has Crest, records show. than handwritten scrawls of price quotes Franzen said Cacciatore invited him to be- offered it for rent. from building owners. Adorjan acknowledged the records were come a partner on the Division Street gro- Officials have maintained for more than a filled with inaccuracies, but she maintained cery, even though Cacciatore told the state decade that state law does not require com- that the agency obtained other competing he was the sole owner. Franzen said that he petitive bidding on leases, despite admonish- prices that are not reflected in the records. declined. Cellini, through an aide, said he ments from the state auditor general. The ‘‘It is obvious that they are just sloppy had no current interests in any state leases. absence of competitive bidding, the auditor In addition to holding leases with the records,’’ she said. ‘‘They obviously did a general has warned, has deprived taxpayers state, Cacciatore is a director of Elgin sloppy job.’’ of the ‘‘assurance that its best interests were Records show the state will pay $2.3 mil- Sweeping Services Inc., which has reaped served.’’ lion over the next five years to rent the gro- nearly $40 million in contracts with the cery, which Cacciatore bought for $775,000. state’s highway department since 1970, when Let me interject at this point, since With his partners, Cacciatore holds seven Cellini headed the department. The contract this article was written, the State’s state leases worth more than $1 million a is based on competitive bidding, but no com- procurement law has been updated and year. pany has submitted a competing bid in 10 presumably improved to some extent. The state is paying $17.05 a square foot for years, state records show. But in our discussion and our examina- space, utilities and janitorial service for the Let me read that sentence again. The tion today, we are trying to emphasize Humboldt Park building. That rate, accord- State, of course, on this $120 million li- that not all loopholes have been closed ing to Realtors, is comparable with rates in brary, is assuring us that there will be fancy Loop high-rise buildings. and that the State rules still allow a ‘‘You can do better than that in the Loop,’’ the application of what they call their high degree of discretion and leave a said George Martin, a real estate broker. competitive bid rules. But in this arti- high amount of decisionmaking au- ‘‘You can get $13 (a square foot). What you cle, it says: thority up to subjective preferences of are talking about out there doesn’t even The contract is based on competitive bid- State officials and that leaving that make sense.’’ ding, but no company has submitted a com- kind of unchecked discretion in State Adorjan said the rent the state is paying peting bid in 10 years, state records show. was fair and comparable with others in the Some state landlords scoff at the notion officials’ hands opens the potential for area. that political favoritism influences the way insider abuse of Illinois procurement, Cacciatore, in a written response to ques- the state shops for land and space. whether it is leasing a building, build- tions, argued that the high rental rate partly Anthony Antoniou, a Du Page County real ing a building, or buying goods and reflects remodeling costs needed to meet the estate developer, is among them. His firm services from the State. state’s requirements. holds a lease that is among the state’s most Continuing from the article: Cook County records show Cacciatore’s expensive, with $5.2 million in annual pay- The Tribune investigation of state pur- company spent $450,000 on remodeling. Ac- ments for an unemployment office on Chi- chasing found that CMS sometimes has dis- cording to the lease, Cacciatore will recoup cago’s State Street. his initial investment and renovation costs Antoniou, a contributor to Thompson and regarded its own internal rules established within the first three years. Edgar, said his firm found that politics to ensure fair pricing and competition. In some cases, state agencies seeking to Cacciatore’s company and appraisers suc- played virtually no role in the decision to lease space compose written requirements cessfully argued earlier this year to lower lease his building. the property’s tax assessment. Their plea Nevertheless, when Antoniou began discus- that virtually rule out competition. Speci- was based partly on data showing that the sions with the state about possible purchase fications also have been tailored to steer state was paying rent that was $5 a square of the State Street building, he turned to state agencies to sites owned by the con- foot to $6 a square foot above market rates state Sen. Howard Carroll for help. Carroll, a nected, as in the case of a $9.3 million deal in and that, therefore, the rent did not accu- Chicago Democrat, heads the appropriations Peoria. rately reflect the building’s value, county committee that approves the budget for Let’s back up on that. In some cases, records show. CMS, the agency trying to buy the building. you have the State claiming it has

VerDate 02-OCT-2000 01:15 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.007 pfrm02 PsN: S04PT1 S9806 CONGRESSIONAL RECORD — SENATE October 4, 2000 competitive bidding, but what they do Whether the deal was as good for taxpayers Becker and his partner, Waldschmidt, said is, State agencies seeking to lease as it was for Becker is another question. Becker’s status as a confidant to the Thomp- space compose written requirements Of course, that line in this article— son administration played no role in landing the leases. that virtually rule out competition. ‘‘Whether the deal was as good for tax- But administration sources said Thomp- They put restrictions on who is eligible payers as it was for Becker is another son’s aides demanded that the transpor- to apply. The State did that with how question’’—kind of goes to the heart of tation agency lease be signed before Thomp- they awarded river boat licenses in Illi- our debate today because we want con- son left office. Some top administrators had nois, and we are going to get to that struction of the Presidential library for favored putting the lease on hold, a common later this afternoon when we examine Abraham Lincoln in Springfield, IL, to practice during transitions, since it would how the State awarded the phenome- be as great a treasure for and as good bind Edgar’s administration to the pact. Their concerns, however, were overruled by nally lucrative 10 river boat licenses a deal for the taxpayers of Illinois and Thompson’s key aides, according to inter- that somehow just happened to—I this Nation as it is for everybody who views. guess it was coincidence—all wind up winds up actually building the building Even after Thompson left office, he contin- in the hands of long-time contributors, or owning other buildings right next to ued to turn to his old friend for favors. Sev- in many cases, for many of those river it, which will benefit from the tourism eral months after Thompson left the Execu- boat licenses. that comes in. tive Mansion, the developer lent his private Continuing from the article: airplane to the former Governor to fly to State officials maintain the Becker lease is Jackson, Miss., for a Republican Party func- Twelve days after the Illinois Department less costly than building a Peoria head- tion, according to a Thompson spokes- of Transportation informed CMS that it had quarters. woman. outgrown its district headquarters in Peoria, They point to a January 1991 study con- CMS officials have been at loggerheads officials with CMS asked the governor’s of- ducted by an outside consulting firm that with the state Auditor General’s office for fice if G. Raymond Becker, a multimillion- concluded that over a 10-year period, the more than a decade because of their insist- aire real estate developer, was eligible to be- state would pay about $11.4 million for con- ence that state law does not require leases to come a state landlord. struction, operating costs and debt service be competitively bid. The written query, dated March 19, 1990, on a new building, compared with slightly Again, what we are talking about less than $10 million in lease costs in the was necessary because Becker was a Thomp- here is competitively bidding a con- son-appointed member of the Illinois Capital same period. Development Board, whose executive direc- But the study was based in part on the con- struction contract. The House has tor is required by state law to review all sultants’ assumption that the state would taken a position in opposition to the state leases. have to acquire land for the project, records Senate’s requirement on an appropria- CMS officials wanted to know if Thompson indicate. tion of $50 million to the State of Illi- would waive a state conflict-of-interest law ‘‘We are not aware of other state-owned nois that that money be competitively prohibiting state officials such as Becker space in the Peoria area that would be suit- bid, that the construction contracts be from doing business with the state. able for the (IDOT) space needs,’’ the study competitively bid in accordance with stated. ‘‘Also, we did not examine the cost of Such waivers are somewhat routine in Illi- the Federal law. The House position on nois, but the request was unusual because buying and renovating an existing facil- CMS officials had not yet advertised the ity.... Additionally, we did not address the this, to date, is that the project not state’s desire to rent office space in Peoria, availability of bond funds to finance the con- carry that restriction and that States’ records show. struction of a potential facility.’’ so-called competitive bid guidelines are But Becker, a member of Thompson’s Gov- Three years earlier, IDOT had proposed adequate. ernor’s Club, a circle of campaign contribu- building a Peoria regional headquarters and We are here examining some of the tors whose donations totaled at least $1,000, materials-testing labs on a 34-acre site problems that have occurred in recent already was being considered for a state con- owned by the state on the city’s west side. memory in the State of Illinois regard- tract for space in the 16-story office building The price tag at the time was $7.16 million, ing leases, construction projects, and said Richard Adorjan, an IDOT spokesman. he was constructing in downtown Peoria. the like, which really weren’t what we Months later, the state published an adver- The General Assembly refused to appro- tisement from new Peoria space, specifying priate funds for the project, so the state de- would think should be a proper com- narrow geographic boundaries that essen- cided to lease. Adorjan said IDOT was never petitive bidding and where there has tially reduced the competition to Becker’s told about the 1991 study comparing the been some slippage. building. Another developer, Dianne costs of leasing with the costs of a new build- State purchasing laws, a hodgepodge of Cullinan, who had a downtown site under ing. more than 100 provisions adopted over the construction next to the state’s targeted CMS officials say they never considered years, make no mention of leases. And a 1981 area, expressed interest but later halted the 34-acre site for building because it was report by state auditors found that 96 per- talks after much of her building was leased. ‘‘too rural,’’ Bartletti said. cent of the state’s leases were awarded with- Negotiations with Becker, the lone land- The site is 9.3 miles from Peoria’s down- out bid. lord under consideration, lagged for several town, said a CMS spokesman. IDOT’s main That is why there are so many arti- months. But in January 1991, the deal was headquarters in Springfield is about four cles inches thick and investigative re- completed within a week—the final one of miles from downtown. Thompson’s tenure. IDOT’s former Peoria headquarters, a ports, over many different administra- Thompson waived the conflict of interest sprawling brick structure with 36,000 square tions and many Governors in the State law for Becker, noting that his proposal—the feet on the city’s north end, will continue to of Illinois, of deals that appeared to in- only one that had been on the table for four house materials-testing labs, but the site volve, or may have involved, or the months—was the best of two submitted. Yet, soon will be largely abandoned. writers thought involved, political fa- records show that neither Cullinan nor any- The IDOT lease was not Becker’s only deal voritism. one other than Becker had submitted a for- with the state. CMS has argued that because leases are mal proposal. Soon after signing the IDOT lease in Peo- not specifically included among the goods The Becker deal stands to be worth more ria, Thompson aides signed a $1.1 million and services required to be competitively than $9.3 million over the next 10 years if the lease for the Illinois Department of Employ- bid, they are exempt from bidding. State state renews the lease after the first five ment Security to move into a building owned auditors have argued that because leases are years. IDOT offices fill about one-third of the by Becker’s business partner, Russell not listed among the exemptions, they must building, which Becker built with a $3.2 mil- Waldschmidt. Less than a year later, be bid. lion Peoria city bond and private loans of $8 Waldschmidt sold the building to Becker’s There is no way to competitively bid real million. son, George Raymond Becker, Jr. estate, said the CMS’ Bartletti. ‘‘It was a very good deal because I am Later in 1991, the General Assembly re- Simply put, there are no two real estate doing much better with the rest of the stored funding for leased office space for the parcels in the world that are alike. Real es- leases,’’ Becker said. The IDOT lease, he Illinois Industrial Commission in another tate is exclusive by definition. There is only said, helped him charge higher rates for the Becker-owned building. The five-year lease is one parcel at a certain intersection. Loca- lower floors. By August, shortly before IDOT worth about $41,000 annually. tion is everything in real estate, he said. moved in, two-thirds of the complex had Becker’s construction company also has Among the State purchasing reforms to be been rented, Becker said. been a successful competitor for state road proposed in the general assembly’s spring The lease also carried the promise of revi- building jobs. In 1987 and 1989, his company session will be a requirement to bid leases talizing Becker’s adjacent properties: a twin- was the low bidder on two contracts worth competitively, said State Senator Judy Barr story condominium and a small office com- nearly $2 million for paving and resurfacing Topinka (R-Riverside). plex that have been suffering from high va- state highways near Peoria, an IDOT spokes- The proposed reform, Topinka said, is cancy rates. man said. prompted largely by ‘‘the scandal’’ created

VerDate 02-OCT-2000 01:15 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.041 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9807 by a lease state officials signed in 1989 to Illinois taxpayers will lose $30 million the governor’s Build Illinois program, de- rent the shuttered St. Anne’s Hospital on today when state Treasurer Judy Baar signed to create economic development and Chicago’s West Side. Topinka closes the books on two hotel loans jobs. State officials needed the building to house that former Gov. Jim Thompson and former Cellini’s group, President Lincoln Hotel patients from the Illinois State Psychiatric Treasurer Jerry Cosentino made to political Ventures, used the money to build a luxu- Hospital, which had to be closed for exten- cronies. rious hotel about six blocks from the state sive renovations. The hotels owe the state $40.3 million Capitol. Fears’ group, Collinsville Hotel. Taxpayers will end up paying $16.1 million under low-interest loans they got in 1982, but Venture, built a hotel about 20 miles east of for a four-year lease of the hospital, includ- Topinka has agreed to settle their debts for St. Louis. ing costs of transferring patients, mainly be- $10 million, the Sun-Times has learned. She The loans originally had a 12.25 percent in- cause the lease failed to shield the state plans to announce the deal today. terest rate. The owners were required to from huge repair bills. Under the deal, the Springfield Renais- make mortgage payments only in those The state could have bought the building sance Hotel headed by Republican power quarters in which the hotels made profits. for $3 million. broker William F. Cellini will pay the state The owners often skipped payments, claim- Let’s review that again. $3.75 million of the $19.8 million it owes. ing they made no money in those quarters. State officials needed the building to house The state will also collect $6.3 million from Before Thompson and Cosentino left office patients from the Illinois State Psychiatric the Collinsville Holiday Inn, partly owned by in 1991, the loans were restructured with a Hospital, which had to be closed for exten- Gary Fears, who raised money for Democrats new interest rate of 6 percent. The interest sive renovations. and Republicans. The Collinsville hotel owes was deferred until the principal was paid off. Taxpayers will end up paying $16.1 million the state $20.6 million. Since 1982, the state has collected $1.3 mil- for a four-year lease of the hospital, includ- Topinka said it’s the ‘‘best deal’’ she could lion from the Springfield hotel and $1.4 mil- ing costs of transferring patients, mainly be- get from the hotels, which have often lion from the Collinsville hotel. cause the lease failed to shield the state skipped loan payments while their value has Mr. President, there is another arti- from huge repair bills. fallen. The deal will save the state at least cle on that hotel loan. I point out at The State could have bought the $6,000 a month it spends to manage the loans. this time the hotel for which that loan building for $3 million. ‘‘The taxpayers are going to take a bath, was given, that was built in Spring- The State could have bought it for $3 no question,’’ Topinka said. ‘‘But the prop- erty is so depressed, we will never get back field, IL—one of them was for a hotel million. But they will end up paying what we spent. Our little escapade into the in Springfield, the other for a hotel in $16 million for a 4-year lease of the hos- hotel business has not been remarkably Collinsville, IL. pital. fruitful. This is a map of downtown Spring- In that difference between $16.1 mil- ‘‘I may open myself up to criticism on one field. This is the State capitol where I lion and $3 million, look at the money hand, but on the other hand, I have got to used to go when I was a State senator that was lost for the taxpayers. How settle this because the longer this goes on, in Springfield for 6 years. This is the many taxpayers had to work how many the more we lose because the property value Abraham Lincoln neighborhood. Mr. hours? How many couples had to strug- (of the hotels) keeps going down.’’ Former Treasurer Patrick Quinn, a Demo- Lincoln’s neighborhood is run by the gle working 2, or 21⁄2, or 3 jobs to pay crat, said Topinka is giving another sweet- National Park Service. Abraham Lin- their taxes to the State of Illinois and heart deal to political insiders. coln’s home is here. Senator DURBIN to the Federal Government just to see ‘‘These particular individuals . . . are get- and I have our Springfield district of- that money go to State officials? ting off very lightly,’’ Quinn said of Cellini fices in that neighborhood. It is beau- Some might conclude from such arti- and Fears. ‘‘The taxpayers are being fleeced tifully maintained to look as it did in cles that in many cases when there are again. They were fleeced when the loans Mr. Lincoln’s era. not proper controls, what the State of- were made. They were fleeced when the loans Here is the Springfield Convention were refinanced. ficials wind up doing with that tax- Center, and next to the Springfield payer money is really tantamount to ‘‘If you foreclosed, you would have assets that you can sell for a greater price than Convention Center we see the Renais- lighting a match to it. they’re getting now,’’ Quinn said. He claimed sance Springfield Hotel. I now move on to another issue that that the hotels are worth far more than the As we saw that investor deal, headed has been talked about in Illinois for a $10 million the owners will pay under by Mr. William Cellini from Spring- very long time. It actually goes back Topinka’s deal. field, they got that $15 million—I be- to the early 1980s, and it is still a prob- Local assessors say the hotels are worth a lieve was the loan—back in the early lem for the taxpayers in the State of Il- total of $13.2 million—$7.9 million for the 1980s. There was an attempt to settle linois. That is the subject of hotel Springfield hotel and $5.3 million for the one the loan after not much of that money in Collinsville. loans given out by the State that were had been paid back. In fact, that settle- never fully repaid. Topinka said the hotels are worth only a total of $6.5 million, much less than the $10 ment that was just described, to my There are some of these issues that million the state will receive. Topinka said knowledge, never went through. we could highlight on which I am seek- the Springfield hotel is worth $3 million and I will continue reading some articles ing to narrow the focus and ultimately the one in Collinsville is worth $3.5 million. and examining this hotel issue because tie all of this back into what is going ‘‘I didn’t make the (original) deal,’’ she since it is so close to where the pro- on down in Springfield. said. ‘‘I’m the garbage man trying to clean posed Lincoln Library site is, I think I am going to turn to a discussion of up.’’ this will give a picture of how this con- State loans that were made back in the The loans were to expire in 2010. The state cannot foreclose on the hotels until 1999, and nects together and why in my mind— early 1980s for the construction of sev- being familiar with this whole his- eral buildings around the State, includ- then only if the debts exceed $18 million on the Springfield hotel and $19.9 million on the tory—red flags were raised. I believed ing two hotels: One in Springfield, IL, Collinsville one. we were on notice that we needed to do and the other, as I recall, at Collins- Quinn spent four years trying to get money everything we could to protect tax- ville, IL, which is down in the southern out of the hotel owners, particularly Cellini, payers’ money in the construction of part of the State in the metro East St. who made millions as the lead investor of that proposed Lincoln Library, which Louis area. I am very familiar with the state’s first riverboat casino, the Alton Belle. is a $120 million project. both of these hotels. Of course, I see Mr. DORGAN. Will the Senator yield them often on my trips to Springfield Quinn urged the Illinois Gaming Board to revoke the casino license last year unless for a question? and Collinsville. These hotels are actu- Cellini pays off the hotel loan. The board re- Mr. FITZGERALD. I yield. ally pretty famous in the minds of fused, saying the hotel and casino were sepa- Mr. DORGAN. I believe I will be rec- many taxpayers because the taxpayers rate, state-sanctioned deals. ognized following the Senator’s presen- gave loans for the prominent people to Cellini is among 80 investors in the Spring- tation, but for purposes of timing, how develop these hotels and the loans were field hotel. He could not be reached for com- long does the Senator expect to con- never fully paid. ment. B.C. Gitcho, managing partner of the tinue speaking? This article, which comes from the Collinsville hotel, referred questions to at- Mr. FITZGERALD. I will speak as Chicago Sun Times, dated April 26, torney Dan K. Webb, a law partner of long as I need to make the point on Thompson’s. 1995, is by Tim Novak, who at that Webb, who represents both hotels, could this project. I imagine it will be for time was in Springfield. He wrote this not be reached for comment. quite some time. article. The headline is, ‘‘Taxpayers Thompson, a Republican, and Cosentino, a Mr. DORGAN. If I might, the Senator Stuck With $30 Million Hotel Tab.’’ Democrat, made the hotel loans in 1982 under certainly has a right to speak for as

VerDate 02-OCT-2000 00:26 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.010 pfrm02 PsN: S04PT1 S9808 CONGRESSIONAL RECORD — SENATE October 4, 2000 long as he chooses once he is recog- the investors put in $10 billion of their slightly more than the $3.7 million value of nized in the Senate, but for the purpose money, the State loaned $15 million of the loan that investors have agreed to pay. of others who desire to speak on the State taxpayers’ money, and the Fed- Mr. President, I ask unanimous con- conference report, I am curious if we eral Government gave $3.1 million in sent that the Senator from Louisiana could get some time frame. an urban development grant for that be recognized at this time, and that I I am willing to come back to the hotel. be rerecognized upon the completion of Chamber if the Senator will give me an ‘‘People are saying, ‘This hotel was built her remarks and that my rerecognition idea of when he might complete his re- with all state money. Cellini didn’t put in count as a continuation of my current marks. anything, and now he’s walking away with speech. Mr. FITZGERALD. All I can say at the marbles.’ That isn’t true. We put in al- The PRESIDING OFFICER. Is there this time—I hope the Senator will ap- most as much as the state, for sure $10 mil- objection? The Chair hears none, and it preciate this—I will need an extended lion in cash. And we will never get it back,’’ is so ordered. period of time, and I cannot give a good Cellini said. The Senator from Louisiana is recog- The proposed settlement with Topinka has nized. timeframe. You may want to go back been put on hold pending review by Atty. to your office. Gen. Jim Ryan, another Republican. But Ms. LANDRIEU. Mr. President, I Mr. DORGAN. Mr. President, that is under the agreement, Cellini and Renais- know the Senator from Illinois has a fair answer. sance investors would pay the state $3.75 been on the floor for quite some time I ask if, perhaps 10 minutes before million of the $19.8 million they owe. speaking on an issue about which he the Senator finishes, he would say ‘‘in Meanwhile, the Collinsville Holiday Inn obviously feels very strongly and about conclusion,’’ which would trigger me to would pay $6.3 million of $20.6 million owed which he is quite knowledgeable and on come back to the floor. to the state. which he has been going into some de- Mr. FITZGERALD. I will do that. Topinka, a Republican who took office in tail. Hopefully, it can be worked out, January, has said the loans were a ‘‘bad in- Turning to a June 5, 1995, Chicago vestment’’ for the state. She also said the or some accommodations can be made. Tribune article, by Rick Pearson, a settlement is the ‘‘best deal’’ she could get I am here, actually, to speak about Tribune staff writer, the headline is: for taxpayers because the properties’ values an issue that is related to this bill but ‘‘Taxpayers Face a Big Loss on Hotel are depressed. is completely different from what my Loans; GOP Insider Denies Political The loans, first made in 1982 by then-Gov. colleague from Illinois has been speak- Deal.’’ James Thompson, a Republican, and then- ing about. This is about the underlying He has achieved a unique and almost mys- Treasurer Jerome Cosentino, a Democrat, bill, the Interior appropriations bill, tical aura as a clout-heavy Republican power originally carried a 12.25 percent interest and about the CARA Coalition, the broker, fundraiser and riverboat gambling rate. But Thompson and Cosentino revised Conservation Reinvestment Act— the loans in 1988 to require mortgage pay- captain. which you yourself have been familiar But William Cellini says he doubts he will ments only when the hotels were profitable. ever be a hotel developer again. Few payments were made. with and were actually very helpful, Mr. President, and were supportive Cellini is at the center of a controversy in- That is interesting. The loan was not along the way. I thank you for that. I volving a proposal by state Treasurer Judy being fully repaid. Yet in 1998 they re- Baar Topinka to settle $40 million owed to want to say a few words about the Inte- vised the loan documents so that mort- taxpayers on two hotel loans for $10 million. rior appropriations bill and how it falls gage payments only had to be made He said he and other investors in the Spring- so short of what many of us were hop- when the hotel was profitable. And field Renaissance never made a dime and will ing. never see any return. then few payments were made. Cellini also maintained that the state has I realize this is a process; it is a Shortly before Thompson and Cosentino democratic process. I realize we cannot probably recouped the original $120 million left officein 1991, the loans again were re- lent to developers of the Renaissance, the structured to call for 6 percent interest, with always get what we want. But I do be- Collinsville Holiday Inn and 16 other projects all payments first applied to principal on the lieve we should always try our very because the developers paid 17 percent inter- debt. best to get what we believe is not only est during the construction in the high-in- Cellini, who is a general partner of the best for our State but best for our Na- terest period of the early 1980s. Renaissance and owns 1.01 percent of the tion. That is what the CARA Coalition ‘‘Would I do it again? Never,’’ Cellini said stock, said the original loan, the subsequent represents, a group of Governors, al- in his first public comments on the hotel restructuring and the settlement plan were deal. ‘‘Well, never is a long time. Let’s put it most every Governor in the Nation, normal business deals and didn’t involve pol- mayors—almost all of the mayors in this way: I’ll never do another one with the itics. government. You’re too high-profile, and The projects initially were meant to im- the Nation, Democrats and Repub- then everybody comes to these (political) prove economic development, but they were licans—over 5,000 environmental and conclusions.’ written down because of market conditions, business organizations and recreational Not that anyone is suggesting any tag days he said. organizations throughout this Nation for the 60-year-old Cellini. The lavish Renaissance, five blocks from that have been trying to communicate He has parlayed his position during the the Capitol, pays $100,000 a year to help re- to the White House and to the appro- 1960s as state transportation secretary under tire bonds used to build an adjacent city con- Gov. Richard Ogilvie into influential leases priators, both Democrats and Repub- vention center. The hotel has a payroll of licans, and to the President himself, and contracts, a role as head of the road- $2.8 million and pays $1.3 million a year in building Illinois Asphalt Pavement Associa- taxes, he said. how important it is to try to take this tion, and chairmanship of Argosy Gaming ‘‘It isn’t that this was different or it was time, this year—not next year but this Co., which operates the Alton Belle riverboat something that just because of political con- year—to lay down a real legacy for the casino. Cellini’s stake in the riverboat is tact there was this discounting,’’ Cellini environment, something that recog- worth more than $20 million. said. ‘‘There isn’t a first-class, full-service nizes the importance of purchasing Yet Cellini disputed the perception that hotel that was built in Chicago from ’85 to Federal lands when appropriate but the hotel settlement reached in April with today that is not only not paying their mort- Topinka is a sweetheart deal for himself, the also a legacy that realizes how impor- gage loans but I bet you some of them aren’t tant it is to give some money, not to Renaissance’s 84 other investors, bipartisan paying for their operations.’’ fundraiser Gary Fears and investors in the Cellini also disputed reports from Federal agencies but to State govern- Collinsville Holiday Inn. Topinka’s office that personal guarantees he ments and to local officials, so Gov- Instead, he said, taxpayers will get about signed on the loan were waived by Thompson ernors and mayors can make plans $2 million more than the highest bid offered and Cosentino. Such a waiver would have based on their local and State needs. to former state Treasurer Patrick Quinn helpted Cellini when Argosy appeared before I know that you agree with me, Mr. when he attempted to shop the two hotel the Illinois Gaming Board seeking a license President—actually, many do in this loans last year to other investors. for the Alton Belle casino. In addition, Cellini said, investors in the Chamber—that Washington doesn’t al- But aides to Topinka confirmed Friday Springfield hotel put $10.1 million of their ways know best. The CARA Coalition that when the hotel was opened, Cellini sat- money into launching the project, along thinks sometimes Washington has good isfied the terms of a construction loan and with the state’s $15.5 million loan and a $3.1 was released from his personal guarantee. ideas, but we think sometimes States million federal urban-development grant. Cellini also said that while the hotel had and Governors and mayors and county Boy, that is interesting. On that loan an assessed value of $7 million two years ago, commissioners have good ideas. Some- for that Springfield Renaissance Hotel, the value of the real estate now is only times parents who run Little League

VerDate 02-OCT-2000 00:26 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.053 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9809 Baseball leagues in their communities cent of the money. But we think we are moneys attached to each program so have good ideas. We think volunteers in our right to ask for at least 10 per- that Governors, mayors, and program in communities have good ideas. But cent of the money that is generated administrators could count on that there are a handful of people who from offshore oil and gas revenues to money, the underlying bill does not think—it is just disturbing to me, and come back to the coastal States, the allow for that. It allows for competi- I do not understand it—there are some great coastal areas of our Nation, for tion, for an annual grab-bag approach people here, unfortunately on both restoration. every year. Let me give an example. sides of the aisle, who think the only The coast of Louisiana is home to 2 In the first category, which is under decisions that are good come from million Americans, and the other sta- the land conservation, preservation, in- Washington. So the CARA Coalition tistics are awesome. The ecosystem frastructure improvement trust fund, wants to say the Interior bill fails— contributes nearly 30 percent by weight which is what this bill now calls it—it fails to take advantage of the partner- of the total commercial fisheries har- is not lands legacy, it is not CARA, it ships that are available at the State vested in the entire Nation. It provides is called the land conservation, preser- and at the local level. wintering habitat for over 70 percent of vation, infrastructure improvement In addition, I have to say the Interior migratory waterfowl for the whole Na- trust fund. There is $539 million in that bill also fails to take into account the tion. And 18 percent of U.S. oil produc- fund, but out of that fund, the Federal important contributions that are made tion, and 24 percent of gas production side of land and water and the State by the coastal States to this endeavor. come from Louisiana primarily and the side of land and water have to compete While the amount of money that the Gulf of Mexico. Our port system ranks for that $539 million. Interior bill has come up with is over first in the Nation, and we provide We heard the distinguished chairman $1 billion in the first year, a good por- commercial outlets for the transpor- from Washington say he had over $1 tion of that money, about half of it, tation of goods into this Nation and billion in requests. He said he had over $500 million, actually does not come out of this Nation. 1,000 requests totaling over $1 billion. from the general fund. It comes from As a Senator from Louisiana—and I That is just requests from the Federal offshore oil and gas revenues. The mon- know Senator BREAUX joins me—I side. If there are $1 billion in requests eys we use in this bill that were out- thought we could expect some recogni- every year for the Federal side of land lined earlier to fund the Land and tion of what the coastal States mean and water, and we only have in this bill Water Conservation Fund, which was to this Nation and some recognition of $539 million to fund it, I argue there is authorized and established over 30 a coastal impact assistance piece or not going to be anything left for the years ago but never funded to its lev- coastal stewardship piece, which CARA State side of land and water. They have els, either at the Federal or the State had in mind and which this Interior been underfunded for 30 years. The side—that money comes from offshore bill—although it is recognized, it has Governors have been left holding an oil and gas revenues. moved some of the money over to Com- empty bag. When the mayors look in Those revenues primarily come from merce—does not recognize in its leg- the bag, there is no money—promises, the Gulf of Mexico and from Louisiana, acy. promises, but no money. While this Texas, Mississippi, and to some degree I say for the CARA Coalition that we trust fund attempts in a way to put Alabama. The drilling for natural gas, have always believed the legacy that this in categories, it fails to deliver the which is an environmentally friendly we are trying to leave is not just about money necessary for the State side and fuel that helps us reduce the harmful interior States; it is about coastal the Federal side. elements in the air, takes place in the States. It is not just about Federal Let me go into the next category Gulf of Mexico, and the revenues gen- spending and decisions made at the which talks about State and other con- erated from those oil and gas wells Federal level; it is about decisions servation programs. It talks about the fund the land and water conservation made at the local level and at the cooperative endangered species fund, bill. State level. which is important; State wildlife Another shortcoming of the Interior The underlying bill, while I know it grants, which basically, according to bill is that it fails to recognize the con- took some work and it took some ef- the Wildlife Coalition, will never get to tributions that are made by Louisiana, fort and there have been lots of nego- the States because it will take 3 years Mississippi, and Texas. It does not pro- tiations at every level, fails in many to come up with a plan, and then when vide a fair share of those revenues back aspects in terms of what we had hoped the States come up with a plan, it will to our States. It does not include for this year. We will continue to hope take so much longer for it to be ap- coastal impact assistance. There is a for it if it is not done in this Congress. proved, so this $50 million is not really possibility under the agreement with There is still time. It is unlikely that worth much at this point. the chairmen of the committees that what we are asking for can be done in The State wildlife grants, the North some of that can possibly be taken care this bill. The conference is closed. We American wetlands conservation, of in the Commerce-Justice-State bill. do not, under the rules, have an oppor- science programs, forest legacy, and We are very hopeful some of that tunity to amend this particular bill, additional planning inventory and money might become available. but there are many other bills moving monitoring, all of those funds have to This plan for an environmental leg- through. There is still action that can compete in this ‘‘trust fund’’ for lim- acy, despite the fact that this may be be taken on the part of the Democratic ited resources. taken care of to a small degree in an- and Republican leadership. The Presi- Instead of being able to count on other bill, in the Interior bill, fails to dent himself could weigh in more money every year for the endangered recognize the contribution made by strongly and say: Yes, let’s take what species fund, instead of being able to States that allow offshore oil and gas we can on lands legacy, but let’s add in count on a real State wildlife fund on drilling. addition to it the CARA legislation. which local officials can count and on I have held up this plan many times I will try to explain a few other which preservationists and conserva- on the floor. This is the ‘‘Coast 2050’’ things about the underlying bill and tionists can count, it is not there. For- plan from Louisiana. This is a plan how it falls very short of where we est legacy cannot count on it. The that says: ‘‘Without bold action now, a want to be. chances of funding it are minimal. national treasure will be lost forever.’’ Supporters of the underlying bill I will go to something Members can That treasure is the largest expanse of claim there is money in this bill for appreciate because they heard so much coastal wetlands in North America. conservation programs, and they are from their mayors. The next category The largest expanse of coastal wetlands correct. There is even more money is urban and historic preservation. in North America is at risk. The CARA than was originally budgeted for con- It includes the program we know as Coalition came to Washington to say: servation programs. The problem is UPARR. It includes a very popular and We do not want all of the money for that each of the programs have to com- effective program called Historic Pres- Louisiana, Mississippi, and Texas. We pete against each other for limited dol- ervation. It includes Urban and Com- do not even want 50 percent of the lars. Unlike CARA, which had the pro- munity Forestry and the Youth Con- money. We do not even expect 25 per- grams pretty much clearly defined and servation Corps.

VerDate 02-OCT-2000 00:26 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.056 pfrm02 PsN: S04PT1 S9810 CONGRESSIONAL RECORD — SENATE October 4, 2000 They are good programs. The prob- another 2 weeks, or another 3 weeks. I thank our Lieutenant Governor, lem is, they have to compete for the There are still many serious negotia- who is a colleague of mine, and a good same pot of money, fighting among tions going on between the House and friend, Kathleen Blanco, and her Office themselves. We had hoped, and we the Senate, between congressional ap- of State Parks. thought, it was time—and we still be- propriators and the White House, on a I particularly thank the Louisiana lieve it is time, the CARA Coalition— variety of issues that are important to Chapter of the Sierra Club that spoke to get the environmental community our Nation. out early in support of this effort. and the business community and the Some of those issues have to do with I thank the Louisiana Legislature recreational activists and enthusiasts health care; some of them have to do that was the first legislative body in in this Nation working together. That with education; some of them have to the Nation to adopt a resolution in is what the CARA Coalition represents. do with transportation. So we have favor of the Conservation Reinvest- Instead of fighting over crumbs, in- time. ment Act. And many State legislatures stead of fighting over very limited I have come to the floor to try to ex- around our Nation have followed that amounts of money, we were hoping to plain, in my remarks, the differences show of support. build, first, on a relatively small between what the Interior bill has laid Almost every elected official in our amount of money but build together. down and for what the CARA Coalition State—particularly, I want to single And as the budget provided, as political was hopeful. out Mayor Marc Morial, the mayor of opportunities provided, we were willing I also want to point out and add to New Orleans, who will be leading the to come back and wait and be patient the RECORD this extraordinary coali- U.S. Conference of Mayors next year as and get additional moneys for these tion that has been supporting this leg- chairman and a leading member of that programs. islation, and to ask them to use the organization, for his outstanding advo- But to force these groups, which have time remaining to call the leadership, cacy for UPARR and for other portions had to live on so little for so long, to Senator LOTT, Senator DASCHLE, and of the CARA legislation. have to compete amongst each other the President himself, and say thank I thank Jefferson Parish President every year, year in and year out, I you for the work that we have done. Tim Coulon, who is a Republican. think is far less than what we could But let’s not miss this opportunity to Again, our partnership has been quite have done and what we should have do better. Let’s not miss this oppor- bipartisan in Louisiana. I thank him. done. tunity to do better this year, and to We have led this effort, but we have We do not probably have the support hopefully build in the years to come on been joined by many States in the to defeat this Interior appropriations what the Conservation and Reinvest- Union, by many officials from all parts bill. I would have to say, there are ment Act really envisions for our Na- of this Nation. some very good things in this bill. The tion. Just for the record, I want to read a appropriators worked very hard. I Since I am a Senator from Louisiana, few of the groups from the State of know it is very tough to try to put to- I want to thank this extraordinary list Mississippi that have been extraor- gether a bill that can meet the ap- of supporters from Louisiana who are dinary and helpful in this—and to proval of over 500 Members—both in registered here in this book. This book thank Senator TRENT LOTT for his sup- the House and in the Senate—rep- is actually a book of all the States. port—and to continue to encourage resenting different parties and dif- There are 5,000 organizations—an un- him and our leader, Senator DASCHLE, ferent interests. precedented coalition, of, as I said, to find whatever avenues are necessary (Mr. SMITH of New Hampshire as- Governors, mayors, county officials, to build on the good work that has sumed the chair.) conservation and wildlife organiza- been done this year in this regard. Ms. LANDRIEU. I want to just say tions, sportsmen’s groups, parks and There are actually pages and pages of how much I respect our leader, Senator recreation advocates, business and in- supporters from Mississippi. BYRD, and the work that he and his dustry groups, historic preservation- I will only read out the very top few, staff have put in. But I believe it is im- ists, and soccer and youth sports orga- but there are literally—it looks to be portant—and I feel compelled as the nizations that have called on us to act. over 200 supporters from Mississippi, leader of the CARA Coalition in the I want them to know that I have the first being Mississippi Heritage Senate—to point out that there are heard their message. I want them to Trust, Mississippi Department of Wild- real differences. And those differences know that 63 Senators have heard their life Fisheries and Parks, Mississippi really matter to environmental groups, message. I want them to know that Wildlife Federation, the Chapter of to wildlife groups, to coastal impact Chairman MURKOWSKI and the ranking Wildlife Society, the Chapter of Amer- assistance organizations that are fight- member, Senator BINGAMAN, have ican Planning Association, the School ing for coastal impact assistance and heard their message. We want to work of Architecture for Mississippi State— more acknowledgment of the needs of with them in the remaining weeks of and I could go on through this—the our coasts. And it matters to parents, this session, and for as long into the fu- city of Hattiesburg, the city of Laurel, to volunteers, and to community orga- ture as it takes to actually get an envi- the Keep Jackson Beautiful Coalition, nizations. ronmental legacy for this country of literally hundreds of organizations in So I think that we should be truthful which we can all be proud. Mississippi. and honest—and I am not saying that Let me just say, in this book is a let- For the RECORD, I will recite some of people have not been truthful and hon- ter to each of the Senators, signed by the organizations from South Dakota est, but I do think we have to be very anywhere from 50 to literally hundreds because the leader has been on our clear that while this trust fund could of organizations in their States, urging side. Both Senator DASCHLE and Sen- potentially be a beginning, it is not them to adopt CARA, the Conservation ator TIM JOHNSON were so helpful in nearly where we need to be in terms of and Reinvestment Act, the principles this effort. We also have pages and delivering a real legacy for this Nation, outlined in CARA. pages of organizations: Governor Bill a legacy of which Republicans can be I thank, particularly, from my State Janklow, the South Dakota Depart- proud, a legacy of which Democrats of Louisiana, for his extraordinary ment of Game, Fish and Parks, the can be proud, a legacy of which this leadership, our Secretary of Natural South Dakota Parks and Recreation President can be proud. Resources, Jack Caldwell, who works Association, the South Dakota Con- So I want to take a few minutes, if I for a Republican Governor, Gov. Mike servation Officers Association, Beadle could—and I know we have quite a bit Foster. In our State this has truly been County Master Gardeners, the Beadle of time and no time limit—so I would a bipartisan effort. County Sportsmen’s Club, the Optimist like to take a moment to go through I thank our Louisiana Wildlife Fed- Club of Huron. Throughout their entire this large binder here to talk about our eration; the Coalition to Restore State, from mayors to elected officials coalition because there is still time re- Coastal Louisiana, which produced this to conservation organizations, they maining in this session. We do not extraordinary document, for their have let their voice be heard. I want know whether we are going to be in for work and help and advice through this the South Dakota supporters to know this week, whether we may be here for process. that their leader has heard them, has

VerDate 02-OCT-2000 00:26 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.059 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9811 been supportive, and has been very under this trust fund concept, Arkan- promise between the House and the helpful. sas gets actually zero. Under CARA, Senate. I also thank our House colleagues: they would have a guarantee of $14.9 (Mr. GREGG assumed the chair.) Chairman YOUNG from Alaska; the million. Mr. REID. Would the Senator yield ranking member, GEORGE MILLER of Colorado in this bill has $5.3 million. for a question? California; JOHN DINGELL of Michigan, Under CARA, they would have $46 mil- Ms. LANDRIEU. Yes, if I may retain who has been an outstanding advocate lion each year for the State PILT, for the floor. for CARA; from my State particularly, payment in lieu of taxes, for land ac- Mr. REID. I ask my friend, we have BILLY TAUZIN, who represents south quisition at the State level, not di- Senator DORGAN, Senator CRAIG, and Louisiana and is an excellent supporter rected by Federal agencies but at the others wishing to speak. No one wants of CARA; and CHRIS JOHN, who has State level. They would have had to take away the time the Senator de- been very helpful, a member of the money for historic preservation and for serves on this issue. Can she give us an committee in the House. We have had a urban parks for cities such as Denver idea of how much time she is going to coalition of Senators and House Mem- and others in Colorado. take? bers, of elected officials around the Na- Connecticut has $1.6 million approxi- Ms. LANDRIEU. I will take probably tion. mately. They would have had $17 mil- another 10 minutes, and then I will Since the session is not over yet, our lion of guaranteed funding. yield back my time, if I am able to, to fight is not over. We recognize that we Delaware has $1.3 million; under Senator FITZGERALD, who continues to can’t have everything we have asked CARA, $14 million. want time on the floor. We can check for, but we recognize that we would Georgia, which, according to our with Senator FITZGERALD. never get anywhere if we didn’t ask. If records, has about $650,000 for land ac- Mr. President, I will continue to read we had not put this effort forward, we quisition projects, would have had $32 some of this into the RECORD. might never get to a real trust fund for million under the Conservation and Re- Iowa, for instance, is the only State the environment for our Nation. I investment Act. of the Union to date that has not re- think the effort has been worth pur- Hawaii, which has $2 million in this ceived any money from the Land and suing and the effort is still worth pur- bill, would have counted on about $29 Water Conservation Fund in 30 years, suing. million a year. as the records will reflect. This year, I am not going to ask my colleagues Idaho, which has about $7.5 million, Iowa has $600,000. Under CARA, we to vote against this bill. Some of them would have gotten $39 million a year, could have made a commitment of ap- may do that for their own reasons. primarily in PILT payments, some on proximately $11 million per year. Senator FITZGERALD and others who the State side of land and water, and Kansas—and Senator ROBERTS has don’t think there are enough property some in other areas. been a terrific supporter of CARA, and rights protections may, for their own Illinois, which is a large State, a very I am appreciative of his support, par- purposes, want to do that. I probably important State in our Nation, and one ticularly for the wildlife portion of our will cast a vote against the Interior of the most populated States, under bill—gets zero in the trust fund for this bill because it falls short of what we this trust fund has zero money allo- year. Kansas would have gotten about want. cated for this year but would have had $11.9 million under CARA. But this is a democratic process. We $38 million every year under CARA. Kentucky, $2.5 million; $15 million believe what we are fighting for is in Indiana has $3.8 million, as opposed under CARA. the right direction. We believe the to our proposal for $25 million. Maine, $1 million under this bill for CARA Coalition represents truly a bi- As I read through some of these num- this year; $31.9 million would have been partisan effort that can gather the sup- bers—I would like to read through directed to Maine under the CARA pro- port of not only Federal officials but them all for all the States—let me say posal. State officials. And we believe that that the underlying bill on the trust Maryland, which sits on the shores of this is, in fact, a beginning. There is fund has approximately the same the great Chesapeake Bay—an area still time left to build on it. I am hop- amount of money the CARA Coalition that deserves, in my opinion, a great ing leaders from other committees of desired. deal more attention, and the local offi- the Senate can potentially give some Our coalition wants to be respectful cials in the various States around the support, as they have been from the be- and appreciative of budget constraints. Chesapeake have done a wonderful job, ginning, and help as we try to put our We recognize there are a great many and there has been much help from the best foot forward and move ahead on needs in this Nation, from support for Federal level, but we can still do more this legislation. teachers and schools to support for to protect that important ecosystem in I will go over some of the other num- health care, to the lockbox for Social our Nation—Maryland gets $1.2 mil- bers in which some of my colleagues Security and Medicare. We have exam- lion. Under CARA, they would have may be interested on this particular ined the state of the budget. But we be- gotten $28 million a year. bill. As I said earlier, the basis of lieve we could have spent and still be- Massachusetts, about $1.5 million; CARA was to give guaranteed funding lieve that half of 1 percent of the sur- under CARA, $35 million. in certain categories for environmental plus for an environmental trust fund Michigan, $1.1 million; under CARA, programs. Although this trust fund that we could count on year in and $42 million. lays down broad categories, they are year out was not too much to ask for. Minnesota, $2.8 million; under CARA, not specific enough so that people can In fact, the appropriators have basi- $29 million. actually depend on them and States cally agreed with that concept because Missouri, $3.5 million; under CARA, can depend on them. that is the amount of money they have $26.2 million. For instance, under the land acquisi- actually put in this bill. Montana, $6.5 million; under CARA, tion part of this bill, let’s say for Ari- The problem is, the framework they $47.8 million. zona, in this conference committee re- put in forces organizations to compete Nebraska—and Senator KERREY has port there are about $15 million for year in and year out, not being able to been a wonderful supporter and very land acquisition. Under the CARA pro- depend on money. It well underfunds helpful in terms of arguing that States posal, as compromised between the PILT, payment in lieu of taxes, which and local governments should have a House and Senate, Arizona would have is so important to our Western States. say as we divide this money annually received and could have counted on ap- The underlying bill gives all of the and should be able to count on some- proximately $47 million each year. money, or 85 percent of it or more, to thing and not have to wait until Octo- Arkansas—and Senator LINCOLN has Federal agencies and shortchanges our ber, which costs the taxpayers more been an outstanding supporter of Governors and our mayors and our and which is difficult at the State CARA—under the land portion of this local elected officials. And it does not level. Nebraska has a grand total of bill actually gets zero money. This is fund, as clearly as it should, some of $400,000 for the Land and Water Con- legislation for billions of dollars that the other important programs we have servation Fund. Under CARA, they are earmarked for other places, but outlined as authorizers in our com- would have gotten about $14.5 million.

VerDate 02-OCT-2000 01:23 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.061 pfrm02 PsN: S04PT1 S9812 CONGRESSIONAL RECORD — SENATE October 4, 2000 Nevada, which is the State of my Lincoln Library in Illinois. I realize my a tighter set of restrictions. I proposed good colleague, Senator REID, got $2 colleague from Idaho wishes to be rec- an amendment that would require that million. CARA would have brought ognized. What I am going to ask is the Federal competitive bid guidelines them $37 million. A lot of that money unanimous consent that the Senator be attached to the project. I think that would have been for PILT payments be- from Idaho be recognized for 10 min- would take care of the problem. We are cause the Senator represents a State utes at this time and that I then be re- examining in detail the concerns I have where the Federal Government owns 92 recognized. and some of the red flags that have oc- percent of the land. Mr. REID. Mr. President, reserving curred to me with this project. So it is our obligation to provide the right to object, the reason I say I spent 6 years in the Illinois State money for those local units in Nevada that is, there is a unanimous consent Senate in Springfield. I have a pretty which lose revenues when the Federal agreement already in effect, and the good idea of how State government op- Government takes over land from the Senator from North Dakota wishes to erates. I am familiar with many of the private sector. They would have bene- speak as well. I object. people who are involved with this fited from the formula that would have The PRESIDING OFFICER. Objec- project. After taking a very close look acknowledged that and tried to, in tion is heard. at the project, it originally started out The Senator from Illinois has the some ways, make them whole by im- as a $40 million project, then went to a proving their PILT payments. They floor. Mr. FITZGERALD. Continuing on, $60 million project. At one time they would get $38 million under CARA; in- Mr. President, to bring the Senate were talking about a $140-something stead, they get $2 million. back up to date, we are talking about million project; now it is back down to New Hampshire, a small State but a a proposed Abraham Lincoln Library in a $115 million or a $120 million project. very important State, under this bill downtown Springfield, IL, that would They are seeking $50 million from the gets $3.6 million; under CARA, the cost approximately $120 million. State of Illinois, $50 million from the total it would have received is $17 mil- The library would be one of the most Federal Government, and $10 million in lion. expensive buildings in the city of essentially tax breaks from the city of New Jersey, the Garden State, with a Springfield. The estimated value of the Springfield, and possibly the contribu- Republican Governor whom I admire a State capitol in Springfield is, I be- tion of some land. good deal, Governor Whitman, just lieve, $78 million, in inflation-adjusted They are, in addition, creating a not- passed—and I am sure with Democratic dollars. This library would be approxi- for-profit corporation that was filed help—a bond issue to provide over a mately half the size of the State cap- with the office of the Illinois secretary billion dollars for Saving Open Spaces itol, but it is a substantial building. It of state in June of this year. They have in New Jersey. They are one of the is also going to be very close to the recently made, are making, or have most populated States and are trying Renaissance Springfield Hotel, which made—it is not clear which—a request to preserve the farmland they have left we have been examining in detail this to become registered as an official and the green spaces. That is very im- afternoon. charity. They could solicit and retain portant to many people along the east The reason I am concerned or have contributions for the Lincoln Library coast, the west coast, the interior, and an objection to the conference com- Foundation. They have set an ambi- the coastal communities. They passed mittee report now before the Senate is tious goal for the foundation of raising a billion dollar, multiyear effort. I be- that the conference committee report somewhere in the neighborhood of $50 lieve, and the CARA coalition believes, authorizes $50 million in Federal fund- or $55 million. we should try to match that effort. In- ing for the Abraham Lincoln site but I received from published reports stead, under this bill, we have given does not carry the requirement that that the foundation’s board of directors New Jersey $2 million. CARA would passed out of the Senate that the appear to be Mrs. Julie Cellini, who is have provided them a $40 million part- project be competitively bid in accord- the head of the Illinois Historic Preser- nership every year. ance with Federal law. Instead, it vation Agency, and Mrs. Laura Ryan, New Mexico—and Senator BINGAMAN would appear the money that is au- the first lady of the State of Illinois. has been an outspoken advocate and a thorized in the conference committee Mr. REID. Mr. President, will my ranking member on our side—gets $4.7 report—instead of having a competi- friend from Illinois yield for a question million. It would be $44.9 million under tive bid requirement, it says that the without losing his right to the floor? CARA. $50 million is authorized to go to an en- Mr. FITZGERALD. I yield for a ques- I know my time is going to be run- tity that will be selected later which tion. ning short. In a moment, I will be pre- would design and construct the library. Mr. REID. The Senator from Illinois pared to yield my time back to Senator The language does not make clear has the floor. The Senator from North FITZGERALD, who had the floor. I was that the entity would be a govern- Dakota, under a unanimous consent taking some time from him. I say to mental entity. It is possible, based on agreement, has a right to speak when our floor leader, I will yield back some reading the conference report, that the the Senator finishes. The Senator from time to Senator FITZGERALD. $50 million could be channeled to pri- The PRESIDING OFFICER. Under vate sources. Presumably, that would Idaho wishes to speak for 10 minutes. I the previous order, the Senator from Il- not happen however. Presumably, the am wondering if the Senator from Illi- linois is recognized. money would be given to the State of nois would agree that Senator CRAIG Mr. REID. Parliamentary inquiry, Illinois. could speak now for 10 minutes, with Mr. President. We have reviewed what would happen the Senator from Illinois retaining his The PRESIDING OFFICER. Does the if the money were given to the State of right to the floor, and at such time as Senator yield for that purpose? Illinois, how the State of Illinois would Senator DORGAN comes to the floor we Mr. FITZGERALD. Yes, for a ques- award construction contracts. Presum- allow him to speak for up to 20 min- tion. ably, the State of Illinois would turn utes. Mr. REID. I just have a parliamen- the project over to its Capital Develop- Mr. FITZGERALD. I would go along tary inquiry. The Senator would not ment Board. We reviewed and exam- with that as long as I could be recog- lose the floor. I have a question to ask ined earlier today a giant loophole in nized upon the completion of the re- the Chair. the Capital Development Board—the marks of the Senator from Idaho and Is the parliamentary situation that statute on procurement that governs upon the completion of the remarks of the Senator from Illinois has the floor? the Capital Development Board. They Senator DORGAN, and that my recogni- The PRESIDING OFFICER. That is have a right to opt out of competitive tion would count as a continuation of correct. bidding. Apparently, in the statute, the speech I am now delivering on the The Senator from Illinois is recog- they can just decide they are not going Senate floor. nized. to have competitive sealed bids on the Mr. REID. That was the intent of the Mr. FITZGERALD. Mr. President, I project. unanimous consent request. am going to continue speaking about That loophole gives me pause for the The PRESIDING OFFICER. Without this $120 million proposed Abraham reason that I thought we ought to have objection, it is so ordered.

VerDate 02-OCT-2000 01:23 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.063 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9813 Mr. REID. As I understand it, the declining and the health of the forests problems or concerns of the Senator Senator from Idaho is now going to be faltering. from Louisiana. I think it probably recognized for 10 minutes. Is that a way to manage lands? No, it isn’t. The PRESIDING OFFICER. The Sen- isn’t. The Senator from Louisiana But I will say it is no longer an enti- ator from Idaho. knows that. She knows my strong op- tlement. It is not automatic for 15 Mr. CRAIG. Mr. President, I thank position to additional ownership of years. We do not give this administra- both Senators and the Senator from Il- Federal property in my State. She tion or any future administration half linois for yielding. It certainly was his worked with me. She worked with me a billion worth of cash a year to go out prerogative not to yield because he very closely to try to change that and buy more and more land to turn controls the time, and I appreciate equation, and we simply could not get into forest fires or dying habitat for that, and the Senator from Nevada for that done. wildlife because they won’t actively accommodating me and working out That is why we did something dif- manage it and care for it. the differences. ferent in this Interior appropriations There is a lot of money in here to Mr. CRAIG. Mr. President, I had bill. It is not CARA and it is not land help our national parks. There is hoped that I would be able to respond legacy, but it does recognize the impor- money for urban parks. There is money in part while the Senator from Lou- tance of spending money for certain re- for coastal acquisitions. There is a isiana was on the floor speaking about source values, for certain wildlife habi- great deal of money—$1.8 billion, near- her concerns about the CARA legisla- tat values, for certain coastal needs of ly $2 billion worth. A chart shows it tion. She certainly has made every ef- the kind the Senator from Louisiana ratchets it up over the next number of fort to move that legislation, which is has for the general well-being of the years to nearly $2.4 billion. It is not as important to her State. environment with moneys coming from originally envisioned by the CARA Co- Both the Senator from Louisiana and offshore oil royalties, many of them alition, but it is a great deal of what I serve on the Energy and Natural Re- generated in the gulf south of her State they asked for. sources Committee on which that legis- and out into the ocean beyond Lou- Ms. LANDRIEU. Will the Senator lation was formed. She has always been isiana. On that, she and I do not dis- yield for clarification? courteous. We have worked closely to- agree. But I will continue to be a Mr. CRAIG. I have very limited time. I apologize. gether on the issue. strong opponent of an attitude or a I am not in any way—how do I say I could not and do not support CARA philosophy and an effort to fund an at- this—taking offense at what the Sen- as it is currently crafted and as it was titude and a philosophy that somehow voted out of the Energy and Natural ator from Louisiana has said. We have if the Federal Government owns the worked very closely on this issue. She Resources Committee. I said very early land, it is going to be better protected. and I held fundamental disagreement on to the citizens of my State and to In my State of Idaho, because nearly 64 on one portion of the bill. I made an ef- my colleagues on that committee that percent is owned by the Federal Gov- fort to change that. I made an effort to I would strongly oppose any bill that ernment, they also dictate the econ- have no net gain of Federal lands in created a Federal entitlement that al- omy of my State. the States. Willing seller, willing lowed the Federal Government to own Today we had a hearing in the Small buyer—all of those kinds of things we more of the State of Idaho. The Federal Business Committee about the impact worked to get. We couldn’t get them. Government already owns nearly 64 of forest policies on all of the small So I have fought, as other colleagues percent of my State. And this year you communities of my State. I chair the have fought, not to allow CARA to watched Federal forests in my State Forestry Subcommittee of this Senate. come to the floor this year for a vote. burn, with tremendous fire and heat, We have held over 100 hearings since Let me talk more about something causing the destruction of the environ- 1996 examining the character of deci- else before my time is up. I mentioned ment and resources. My State forests sion-making in the U.S. Forest Service that nearly 1.2 million acres of Federal did not burn. The private forests in and that they ignore small business land burned in my State this year, Idaho did not burn because they were today, and they turn their back on beautiful forested land that was in managed. They were thinned. They are small communities that adjoin those trouble environmentally, and when healthy, growing, dynamic forests that forests. Mother Nature came along and struck provide marvelous habitat and quality Is it any wonder why nearly all of with her violence, it all went up in water to our streams, to our fisheries, those small communities in Idaho and smoke. and to the life-style of my beautiful across the Nation today associated There is a lot of money in this bill to State. with public forests have 14 and 15 per- begin to deal with those problems, a Two weeks ago, I was in a helicopter cent unemployment while the rest of great deal of money in this bill to pay flying over the nearly 1.2 million acres our country flourishes because of the off the fire expenditures that are nat- of charred national forests in my high-tech economy? No. It is quite ob- ural to do so. A lot of this money is to State—charred almost to a point of vious that is what is happening because pay back the expenses that were in- nonrecognition. It will take a decade or this Government and this administra- curred this year, the millions and mil- more for the natural environment to tion have locked the door on the U.S. lions of dollars spent each day for near- begin to return. That could have been forested land and turned their back and ly 60 days across this country during avoided to some degree, if the Forest walked away. With that, thousands of the peak of the fire season when the Service and its management had not jobs and 45,000 schoolchildren in rural skies of Idaho were gray to black, as it become an agency of benign neglect, schools across the Nation are deprived was true in other States across this Na- which had simply turned its back on of the money that would have come to tion. There is a lot of money in this these living environments, and had them by an active management plan of bill for that purpose. helped Mother Nature to improve them the U.S. Forest Service because of There is also additional money in in a way that they would not have long-term policies that allowed coun- this bill, new language, and new policy, burned in such a catastrophic fashion. ties and school districts to share in on which Senator DOMENICI of New The reason I say that is because those revenues. Mexico and I worked with a lot of oth- many want the Federal Government to I can’t stand here as someone rep- ers, to try to create an active manage- own more land. Somehow the Federal resenting the State of Idaho and say: ment scheme that will allow in areas Government’s ownership has in some Give the Federal Government more where there are now urban dwellers— people’s minds become synonymous money to buy more land in the State of we call it the urban wildland inter- with quality environment. That is sim- Idaho to make it Federal. I can’t do face—which I will come back to. ply not true today. that in good conscience, and I won’t. I thank my colleague from Illinois Nearly 40 million acres of national I am joined with my western col- for yielding. This is an important bill. forest land are in a dead or dying con- leagues to tell the Senator from Lou- We have addressed a lot of the prob- dition—bug-infested, overpopulated isiana, somehow it has to be done dif- lems. I hope my colleagues will join in with trees, and as a result drought ferently. I am not going to suggest supporting the passage of the Interior stricken, with the health of the trees what we do in this bill is answer the appropriations conference report.

VerDate 02-OCT-2000 00:33 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.065 pfrm02 PsN: S04PT1 S9814 CONGRESSIONAL RECORD — SENATE October 4, 2000 I yield the floor. would wind up in the hands of the this other bid. It costs a little bit The PRESIDING OFFICER. The Sen- State of Illinois, and if it wound up in more, but we give more weight to their ator from Illinois. the State of Illinois, they would prob- experience, or vice versa; they could al- Mr. FITZGERALD. Mr. President, re- ably give it to their Illinois Capital De- most always rationalize the acceptance viewing again the proposed Abraham velopment Board for the Illinois Cap- of any bid after the fact and make it Lincoln Library in Springfield, IL, I ital Development Board to construct very hard to challenge a decision by emphasize the magnitude of the the project in accordance with the Illi- the State to not accept your bid. Of project. It is a proposed $120 million nois procurement code. course, in contrast, the Federal code in project. It started as a $40 million Reviewing for the Senators who have that regard is markedly superior. It project, went up to $60 million, and just arrived, the Illinois procurement does a much better job at limiting the now it is at $120 million. At one time, code was at one time one of the weak- discretion of the procurement officers it was up to $140 million. est, perhaps, in the country. It was and it does that by requiring that Reviewing the cost of other impor- strengthened a few years ago, in late sealed bid solicitations disclose in ad- tant buildings in the city of Spring- 1997. I think changes were made for the vance all significant bid evaluation field, the estimated cost, adjusted for better. I supported legislation—I be- factors and the relative importance of inflation: lieve it was H.R. 1633—that strength- each factor and whether nonprice fac- The State capitol building built in ened those guidelines. When we started tors, when combined, will be accorded 1868 to 1888, $70 million. to look and study in a more detailed more, equal, or less weight than price. The Willard Ice Building, I believe manner how the Federal money would Of course, the State rules, which do for the State Department of Revenue, a go, and considered what would happen not require the relative importance for very large State office building built in if it went to the State Capital Develop- weight of the factors to be disclosed, 1981 to 1984, took 3 years to construct, ment Board, we looked carefully at the would allow a purchasing officer to $70 million; State’s procurement code and a couple pick any bid he wants and explain his The Prairie Capitol Convention Cen- of glitches popped out at us. decision by saying the one factor for ter, a large convention center, built in I want to review those glitches. The which that bid was better was the most 1975 to 1979, $60 million. State’s position on this is that if the important factor, and any decision This Abraham Lincoln Library will money goes to the Capital Develop- could be rationalized after the fact. It be one of the largest, most important ment Board and they build the library, would be very hard to challenge any buildings in the city of Springfield. I they have to, under their law, use com- award the State made. am supporting the project. However, I petitive bidding. It turns out, however, Perhaps that could be why, after want the city of Springfield to get a that contrary to the Capital Develop- there have been so many articles and $120 million library out of the project, ment Board’s assertions, in fact, a con- investigative reports written about not a $50 million library that just hap- tradiction appears in the statute gov- seemingly, on their face, exorbitant pens to cost $120 million. erning the Capital Development Board. rents or prices on projects, that you It is for that reason I have tried, and The portion of the procurement code don’t actually have much of a chal- the Senate has tried, to insist that the that governs the Capital Board is lenge or any history of prosecutions on project be competitively bid. The Sen- 30.I.L.C.S.5500/30-a. It says: that. So I feel the State code really is ate has gone on record with the legisla- Other methods. The Capital Development deficient in those two key respects. I tion that cleared the full Senate last Board shall establish by rule construction feel the Senate did the right thing by night, unanimously requiring, with our purchases that may be made without com- attaching a requirement that the Fed- authorization of $50 million for this petitive sealed bidding and the most com- eral competitive bidding guidelines at- project, that the Federal rules of com- petitive alternate method of source selection tach to the project. There is greater petitive bidding, which are set forth in that shall be used. protection for the taxpayers if we do this volume and are very extensive, That is a great big loophole in the that. very well thought out, were worked on Capital Development Board procure- We have reviewed the history of by then-Senator Bill Cohen from ment code. Thus, there is the possi- projects in Springfield. We talked Maine, now the Secretary of Defense— bility that if we give this money to the about a State loan given to a partner- a lot of thought has gone into these State and do not attach the Federal ship that constructed the Springfield rules. A lot of refinements have been competitive bidding guidelines, the Renaissance Hotel. That hotel is lo- made over many years. They have had State could simply opt out of competi- cated close to where the Abraham Lin- to correct problems, and they have tively bidding the project. coln Library is proposed to be. We gone back to them repeatedly. That troubled me greatly, given the talked about some of the problems that It has been a great focus of many magnitude of the project and given a have arisen from time to time in the Senators and Congresspeople in Wash- long history in Illinois of what I would State of Illinois. My goal here is to try ington. The intent of the Federal rules say is a fairly acute problem with pro- to tighten the law so we are not setting is to try to eliminate political favor- curement contracts—in construction the table for another problem to occur itism in the awarding of construction and in leasing, particularly. It occurred with this project, which is, after all, contracts. The House has now in the to me that we needed tighter safe- being built as a monument to ‘‘Honest conference committee, with provisions guards. Abe’’ Lincoln, perhaps the greatest they have inserted into the conference There is another general problem I President in history. We want to make committee, the same authorization addressed earlier with the State pro- sure the taxpayers get the value of all that the Senate has backed. However, curement code, and that is in advance the resources they are contributing. they struck the language requiring of bidding, even when they do opt to We have reviewed how the State pre- that Federal competitive bidding competitively bid, they don’t have to viously gave out loans to build the ho- guidelines be followed. tell the bidders what weight and rel- tels. Those loans were never fully re- The money is supposed to go to an ative importance they are going to at- paid. I believe there is still a substan- entity that will be selected later. It is tach to the various criteria they must tial outstanding balance. We have, not clear exactly to whom the $50 mil- set forth. The State must tell the bid- thus, in that manner, begun laying be- lion taxpayer money will go. It is in- ders by what criteria they are going to fore the Senate the context in which teresting that Washington passes legis- judge the bids and make awards, but my deep concern arises by the lose au- lation sending out the money without they are not going to tell you what thorizing language in the conference saying to whom it is going; that is weight they assign to the various cri- committee report before the Senate. what this provision does. One would teria. Now, we read the article ‘‘Taxpayers think we would be more careful with The problem with that is that it is Stuck With $30 Million Hotel Tab.’’ I the taxpayer money and we would like trying to pin keylime pie to the want to turn to an article that ap- know—at least for sure it would be wall. You can come in with the low bid peared in the Chicago Sun Times on nailed down in law—who was getting and the State can say we gave more October 6, 1996. It is an article by Tim the money. Presumably the money weight, actually, to the experience of Novak, Chuck Neubauer, and Dave

VerDate 02-OCT-2000 01:23 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.067 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9815 McKinney. If I may read this article, member,’’ said state Sen. Kirk Dillard (R– along to garner Downstate support, a move the headline is: Hinsdale), who spent three years as Edgar’s that has left Altorfer with lingering sus- first chief of staff. picions. Cellini State Capitol’s Quiet Captain of Cellini has also spent nearly 30 years help- ‘‘Some of my friends came to me and said, Clout; Dealmaker Built Empire Working in ing scores of people get jobs in state agen- ‘Do you think Bill was secretly working for Background. cies, creating what some call a patronage Ogilvie?’ ’’ Altorfer said. ‘‘Ogilvie had inside Outside the state Capitol, William Cellini army more loyal to Cellini than any gov- information about my campaign and I wasn’t is just another businessman. ernor. sure where it came from. Inside, Cellini is one of the most powerful ‘‘He probably knows more people in state ‘‘The only person who worked for me who people in state government, a man who has government that I do,’’ Thompson told the received anything was Bill Cellini,’’ Altorfer built a personal empire worth at least $50 Sun-Times in 1990 as he was winding down said. ‘‘I have to believe he was being repaid. million through his ties to the governor’s of- his 14 years as governor. I thought he had loyalties to two people, me fice dating back to 1968. Cellini’s clout has gone all the way to the and Ogilvie.’’ This 62-year-old son of a Springfield police- White House based on letters and memos Altorfer ‘‘didn’t lose because of Cellini,’’ man is perhaps the most feared, respected from the Gerald R. Ford Library. Under said Thomas Drennan, a political advisor to and invisible man in those halls of power. President Ford, Cellini was in charge of all Ogilvie. ‘‘Cellini beat our brains out’’ in the He’s played the system brilliantly—and le- federal appointments in Illinois, according primary. gally. to a letter from Don ‘‘Doc’’ Adams, a long- ‘‘He was just an excellent organizer,’’ Cellini has never run for state office, but time Cellini friend who was chairman of the Drennan said. ‘‘He was like a good precinct he’s helped run state offices—reviewing Illinois Republican Party when Ford was captain, but countywide.’’ choices for the governor’s Cabinet, getting president. Ogilvie was elected governor and he picked scores of people state jobs and at one time ‘‘As you know Bill Cellini is the man we’ve Cellini to become the state’s public works di- even approving all federal appointments in designated to coordinate Federal and State rector, overseeing construction of the inter- Illinois. appointments for the state of Illinois,’’ state highway system that had started in the His unique access has put him in position Adams wrote in 1976 to Ford’s personnel di- 1950s. for a staggering succession of state-financed rector, Douglas Bennett. Cellini, who was 34, had experience with deals. ‘‘If Doc Adams is telling the White House road construction, having served as Spring- He is an owner of the state’s first riverboat that Bill Cellini is the guy to go to in Illinois field’s streets commissioner while on the casino. He got state money to build a money- . . . Bill is operating as a political boss with- City Council and as a member of the Roads losing luxury hotel where he throws fund- out having to be an elected official,’’ said a and Bridges Committee when he was on the raisers for Gov. Edgar. He got state funds to longtime Republican who requested anonym- Sangamon County Board. build 1,791 apartments in Chicago, the sub- ity. Cellini rose quickly under Ogilvie. Cellini urbs and Downstate. He manages offices that It’s hard to find people, Republican or headed a task force that created the Illinois he developed for state agencies. He invests Democrat, willing to talk about Cellini and Department of Transportation and he be- pension funds for state teachers. And that is Cellini adds to the intrigue by shunning the came the first director, overseeing a $1.6 bil- just part of his empire. spotlight. lion budget and 10,000 employees. His $40,000 But most of all Cellini has had clout with Cellini ignored numerous requests from the salary was second only to Ogilvie’s. Illinois governors starting with Richard Chicago Sun-Times to discuss his empire and Cellini was also chosen to head other com- Ogilvie through James Thompson and now power. Over the past few years, Cellini has mittees. One pushed for extending the rapid Edgar. placed many of his financial holdings in transit line to O’Hare Airport. Another Keep in mind, this is an article from trusts to benefit his son, William Jr., 27, and pushed for building the Deep Tunnel, the on- 1996. George Ryan is the current Gov- daughter, Claudia, 22. going public works project to relieve flood- ernor of Illinois. Reading again from Keep in mind this article is from 1996. ing in Cook County. the article: Often referred to as a Downstate Repub- ‘‘He expanded his influence when he was secretary of transportation,’’ said Totten, And those relationships have been mutu- lican powerbroker, Cellini has numerous who was a transportation deputy under ally profitable: the Governors got cash for business deals in Chicago and the suburbs, Cellini. ‘‘He was a very powerful, behind-the- their campaigns and Cellini became a multi- often working with businessmen allied with scenes politician in Springfield. And he still millionaire. Democrats such as Mayor Daley. is.’’ ‘‘I can’t recall someone similar to Bill Cellini spends so much time in Chicago Road construction boomed under Cellini Cellini having that access. And for that long that he bought a $594,000 condo on Michigan and Ogilvie, but so did allegations of collu- as well,’’ said Donald Totten, the Avenue in 1993 without a mortgage. He also sion among road builders seeking to cash in Schaumburg Township Republican com- has a $325,000 home without a mortgage in an on the work. A handful of road builders were mitteeman who was President Reagan’s Mid- elite Springfield neighborhood. It’s a long convicted in the federal probe and tempo- west coordinator. way from the Springfield duplex he and his rarily suspended from getting any more fed- ‘‘He seems to always have the ears of gov- wife, Julie, shared when he went to work for erally funded highway projects. ernors, which are always the most powerful Ogilvie in 1969. The probe included accusations that people in government,’’ Totten said. ‘‘There’s no doubt he’s probably done pret- Cellini’s top deputies used IDOT helicopters ‘‘Thompson-Cellini, Ogilvie-Cellini. Edgar’s ty well,’’ Edgar said. ‘‘But there are a lot of to swoop down on construction sites to pick got his sister on in a major job, so he has in- people who have made money off state gov- up campaign donations for Ogilvie. No state fluence there.’’ ernment who have never been involved in officials were ever charged in the probe that Cellini’s sister Janis is Edgar’s patronage politics . . . who have never worked a pre- continued after Ogilvie lost his re-election director, in charge of hiring people for the cinct or helped a candidate. bid in 1972 to Dan Walker, the Democrat who highest level jobs. Both Cellinis accompanied ‘‘I think there’s a lot of folks who are envi- defied Mayor Daley’s machine to become Edgar on a two-week trade mission to Asia ous of Bill Cellini.’’ governor. last month. THE OGILVIE YEARS Mr. DORGAN. Mr. President, I won- Cellini has clout. But money is the founda- ‘‘When I met Bill Cellini he was a local pol- tion of his far-reaching empire. Specifically, itician. That was it,’’ said John Henry der if the Senator from Illinois will his ability to raise cash—primarily from Altorfer, a Peoria businessman who hired yield at this point. road builders—while rarely giving any of his Cellini to manage his campaign for governor Mr. FITZGERALD. I will yield for a own money. Cellini raises hundreds of thou- in 1968. question. sands of dollars, mainly for those Repub- Cellini (pronounced, Suh-LEE-nee), a Mr. DORGAN. Mr. President, my un- licans, primarily candidates for governor, former high school physics teacher, was in derstanding from the colloquy with the but also for those seeking the White House his early 30s and building a reputation as a Senator from Nevada is that the Sen- like Gerald Ford, Ronald Reagan, George Downstate power while serving his second ator from Illinois indicated he would Bush and Bob Dole. term on Springfield’s City Council. Altorfer Throughout it all, Cellini has been granted said he thought Cellini could deliver yield to me for 20 minutes without him extraordinary powers, clout that elected offi- Downstate votes and help him win the Re- losing the continuity of his presen- cials usually reserve for themselves. publican nomination for governor in a four- tation and with the stipulation he be When Edgar took office, Cellini inter- way race that included Cook County Board recognized upon the completion of my viewed candidates for the Cabinet and made President Richard Ogilvie. remarks. recommendations—particularly for state de- Cellini ‘‘was very energetic and had a lot of Mr. FITZGERALD. Mr. President, I partments that do business with Cellini’s ideas,’’ said Altorfer, who now lives in Ari- ask unanimous consent that the Sen- companies. zona. ‘‘He worked very hard for me until I ‘‘The reason he’s involved in Cabinet selec- lost.’’ ator from North Dakota now be recog- tions is Bill Cellini has seen more Cabinet Altorfer beat Ogilvie in the Downstate nized for 20 minutes and that I be re- members come and go. He has good instincts counties, but Ogilvie carried Cook County recognized upon the completion of his about what it takes to be a good Cabinet and won the primary. Ogilvie brought Cellini remarks and that my rerecognition

VerDate 02-OCT-2000 00:33 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.070 pfrm02 PsN: S04PT1 S9816 CONGRESSIONAL RECORD — SENATE October 4, 2000 count as a further continuation of the happens to be some of their plumbing. How did that happen? Why did that speech I began earlier today. Take a look at that and ask if that is happen to this little girl? Because The PRESIDING OFFICER (Mr. where you would be proud to send your somebody did not care enough or did CRAPO). Without objection, it is so or- kids to school—to an old 70- and 80- not have the time to check to see dered. The Senator from North Dakota. year-old building that is in desperate whether they were putting this little Mr. DORGAN. Mr. President, I want condition with, effectively, rubber girl in a family who was going to be to say a few words about the Interior Band-Aids around their water pipes and harmful to her. She went to a foster conference report which is before the sewer pipes. home and was beaten severely at age 3. Senate, but first I want to make some This is another picture of the Marty I met that little girl about 2 years brief comments on a bill called CARA, Indian School; an old rusty radiator later. I wonder how long it will take the Conversation and Reinvestment with crumbling walls. Would we be her to get over the scars of what hap- Act. proud to send our children into those pened to her. But it happens too My colleague from the State of Lou- classrooms? often—the struggle, the violence, isiana and other colleagues from the I have been to the Ojibwa Indian amidst the poverty. How do we break State of Florida and many other areas School many times. This is a picture out from that in these circumstances? of the country feel, as I do, that it is showing the plywood that separates I want to tell you a story about trib- very important for us to try to finish this building from a caved in founda- al colleges. As the Senator from Wash- this important bill before we finish our tion, which separates children from ington will remember, in the full Ap- work this year. danger. Of course, many of the children CARA is a bill dealing with conserva- propriations committee in the Senate, in Ojibwa go to a series of structures, I offered an amendment to add a couple tion, preservation, and reinvestment in modular structures, that are kind of million dollars. I am pleased to say our natural resources, wildlife, parks, like the double-wide mobile homes. that this funding stayed in this legisla- and public lands. We struggled to bring This picture shows the fire escape. that out of the Energy Committee Note the fire escape is a wooden set of tion. These tribal colleges are the col- leges where those who have kind of under the leadership of Senator MUR- stairs. These little children at the Ojib- been left behind in many cases go back KOWSKI. My hope is, before this Con- wa school move back and forth between gress adjourns, we will have the oppor- all these modular structures, in the to school. Often the only way they can tunity to pass it through the Senate middle of the winter, with wind and do that is to have an extended family and find a way to have the House of snow blowing. I have been there. I have right on the reservation for child care Representatives work with us to accept seen the wiring and other things that and for other assistance; and then they it so it can become law. It is a very im- lead you to question whether those can go to school. portant piece of legislation. children are safe in those schools. We I have talked before about the Mr. President, let me say a kind word have report after report after report woman I met who was the oldest grad- about my colleague from the State of saying this school needs to be rebuilt. uate at a tribal college when I gave the Washington, Senator GORTON, and also Here is a fire escape made of wooden graduation speech one day. This is a my colleague from West Virginia, Sen- stairs in these modular classrooms. woman who had been cleaning the toi- ator BYRD. These modular classrooms go inside. lets in the hallways of the college, a I come to the floor to talk about this Again, they are in desperate need of re- single mother with four children, and conference report. I am on the Interior pair. My point is that we need to do no hope and no opportunity. Subcommittee. I have told my two col- better than this. She said to herself: I would like to leagues before—the chairman and the My two colleagues, who have put this graduate from this college somehow. ranking member—that I think they bill together, have made a step forward So as she toiled, cleaning the school at have done an awfully good job. This is this year in construction money and nights, she put together a plan to try not easy work. It is hard work, trying repair and renovation money for these to figure out a way to go to that col- to fit unlimited wants into limited re- schools. I say to them, thank you. I lege and graduate. The day I showed sources. How do you do all of that? You hope we can do even more in the com- up, she had a cap and gown and a smile have to make choices. Sometimes the ing years. But I appreciate the effort on, because this mother of four, with choices are hard and painful, but you we have made this year. the help of Pell grants and student aid have to make choices. I will make another point about In- and other things, was a college grad- While I would like to see more in- dian education. I want to read some- uate. Imagine, that is what it does to vestment and more spending in some thing to my colleagues. The other issue the lives of these people. areas that I think are critical, I must that is so important to me is the issue I will read from a letter of someone say that this year, once again, Senator of the Indian tribal colleges around who says it better than I could. GORTON and Senator BYRD have taken this country. They have been such a I grew up poor and I was considered back- another step—a significant step—in ad- blessing to so many people who have ward by non-Indians. dressing some of these critical needs. been left behind. My home was a two-room log house in a And it has not always been done in the There are so many people in this place called the ‘‘bush’’ on North Dakota’s past. So I say to them, thank you. And country who have been left behind, es- Turtle Mountain Indian Reservation. good for you. I appreciate the work you pecially on the Indian reservations, liv- I stuttered. I was painfully shy. My clothes have done. ing in poverty, living in communities were hand-me-downs. I was like thousands of I especially wanted to come to the with substantial substance abuse, vio- other Indian kids growing up on reservations floor today to speak for a few minutes lence that is the kind of unspeakable across America. about the issues of Indian education. I violence that breaks your heart. When I went to elementary school I felt so have been such a strong advocate of In- I have talked about a young woman alone and so different. I couldn’t speak up for myself. My teachers had no appreciation dian schools. These schools on Indian on the floor of the Senate before named for Indian culture. reservations—both the BIA schools and Tamara Demarais. I met her one day. I’ll never forget that it was the lighter- the public schools on or near reserva- Young little Tamara was 3 years old skinned children who were treated better. tions—that do not have much of a tax when she was put in foster care. One They were usually from families that were base to help them are in desperate need person was handling 150 cases of these better off than mine. of repair. The legislation that was children. So that person, working these My teachers called me savage. brought to the floor of the Senate does, cases, put little Tamara, at age 3, in Even as a young child I wondered . . . What this time, make some significant foster care and did not check closely does it take to be noticed and looked upon strides in providing investments for enough the family she was putting this the way these other children are? By the time I reached 7th grade, I realized those areas. little 3-year-old with. This is what happened to Tamara. At that if my life was going to change for the Let me use some charts that I have better, I was going to have to do it. Nobody shown before to demonstrate why this a drunken party, this little 3-year-old else could do it for me. is an important issue. girl had her hair torn out by the roots, That’s when the dream began. I thought of This is the Marty Indian School in had her arm broken, and her nose bro- ways to change things for the better—not Marty, SD. This picture shows what ken in a severe beating. only for myself but for my people.

VerDate 02-OCT-2000 00:33 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.071 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9817 I dreamed of growing up to be a teacher in was down there recently and helped I stuttered. I was painfully shy. My clothes a school where every child was treated as sa- them dedicate a new cultural center. were hand-me-downs. I was like thousands of cred and viewed positively, even if they were There are so many good tribal colleges other Indian kids growing up on reservations poor and dirty. that are providing opportunity for peo- across America. I didn’t want any child to be made to feel When I want to elementary school I felt so like I did. But I didn’t know how hard it ple such as Loretta. alone and different. I couldn’t speak up for would be to reach the realization of my There are people like Loretta who myself. My teachers had no appreciation for dream. I almost didn’t make it. are going to schools of the type I de- Indian culture. By the time I was 17, I had dropped out of scribed earlier. They are going to I’ll never forget that it was the lighter- school, moved to California, and had a child. schools with heating registers that skinned children who were treated better. I thought my life was over. look like this. They are going to They were usually from families that were But when I moved back to the reservation schools with plumbing that looks like better off than mine. I made a discovery that literally put my life this. That ought not happen. We know My teachers called me savage. back together. Even as a young child I wondered . . . My sisters were attending Turtle Mountain better than that. We can do better than that for these kids. It doesn’t matter What does it take to be noticed and looked College, which had just been started on my upon the way these other children are? reservation. I thought that is something I where you are in this country, when By the time I reached 7th grade I realized could do, too, so I enrolled. you send a kid through a schoolroom that if my life was going to change for the In those days, we didn’t even have a cam- door, you ought to believe, as an Amer- better, I was going to have to do it. Nobody pus. There was no building. Some classes ican, that we want that child to go else could do it for me. met at a local alcohol rehabilitation center through the best classroom door in the That’s when the dream began. I thought of in an old hospital building that had been world; we want that classroom to be ways to change things for the better—not condemned. one we are proud of. only for myself but for my people. But to me, it didn’t matter much. I was I have mentioned before—and if it is I dreamed of growing up to be a teacher in just amazed I could go to college. It was life- repetitive, tough luck—I have men- a school where every child was treated as sa- changing. cred and viewed positively, even if they were My college friends and professors were like tioned before Rosie Two Bears, who, in poor and dirty. family. For the first time in my life I learned the third grade at Cannonball, looked I didn’t want any child to be made to feel about the language, history and culture of up at me and said: Mr. Senator, are you like I did. But I didn’t know how hard it my people in a formal education setting. I going to build us a new school? Boy, do would be to reach the realization of my felt honor and pride begin to well up inside they need it. Rosie Two Bears deserves, dream. I almost didn’t make it. of me. as every other young child in this By the time I was 17 I had dropped out of This was so unlike my other school experi- country, the opportunity to go to a school, moved to California, and had a child. ence where I was told my language and cul- school we are proud of—we, as Ameri- I thought my life was over. ture were shameful and that Indians weren’t But when I moved back to the reservation equal to others. cans, are proud of. She goes to a school I made a discovery that literally put my life Attending a tribal college caused me to right near an Indian reservation, just back together. reach into my inner self to become what I off the site of the reservation, with no My sisters were attending Turtle Mountain was meant to be—to fight for my rights and tax base at all. It is a public school. We College, which had just been started on my not remain a victim of circumstances or of need to fix that. reservation. I thought that was something I anybody. The point is, that is sort of a long could do, too, so I enrolled. In fact, I loved college so much that I way of describing almost an obsession In those days, we didn’t even have a cam- couldn’t stop. I had a dream to fulfill . . . or pus. There was no building. Some classes perhaps some would call it an obsession. of mine—that we can’t leave people be- hind in this country. This country is met at a local alcohol rehabilitation center This pushed me on to complete my studies in an old hospital building that had been at Turtle Mountain College and earn a Doc- doing well. I am proud of that. But we condemned. torate in Education Administration from the can’t leave people behind. There are But to me, it didn’t matter. I was just University of North Dakota. some young kids, especially in this amazed I could go to college. It was life- I’ve worked in education ever since, from country, who are being left behind, changing. Head Start teacher’s aide to college pro- going to schools that are not adequate. My college friends and professors were like fessor. family. For the first time in my life I learned Now I’m realizing my dream of helping In- There are others who will be left be- hind if we don’t continue to strengthen about the language, history and culture of dian children succeed. I am the Office of In- my people in a formal education setting. I dian Education Programs’ superintendent these tribal colleges. A final comment: The amount of felt honor and pride begin to well up inside working with nine schools, three reserva- me. tions, and I oversee two educational con- money we provide for tribal colleges This was so unlike my prior school experi- tracts for two tribal colleges. with this legislation will provide $3,477 ence where I was told my language and cul- My life would not have turned out this way per pupil, and that is an improvement. ture were shameful and that Indians weren’t were it not for the tribal college on my res- Let me finish by saying I commend equal to others. ervation. the Senator from Washington and the Attending a tribal college caused me to This is Loretta De Long. Loretta is a Senator from West Virginia and others reach into my inner self to become what I good friend of mine, a remarkable with whom I have worked. But the au- was meant to be—to fight for my rights and woman, a remarkable educator. She thorization is at the $6,000 level. And, not remain a victim of circumstance or of writes a letter—I have not read all of frankly, in community colleges around anybody. it, there is another page—but she In fact, I loved college so much that I the country—community colleges, not couldn’t stop! I had a dream to fulfill . . . or writes a letter that describes in such tribal colleges—the average support for perhaps some would call it an obsession. wonderful, vivid detail the struggle and students is over $6,000 per student. So This pushed me on to complete my studies the difficulty to overcome the obsta- we are still well short in tribal colleges at Turtle Mountain College and to ulti- cles early in her life and the role the of doing what we can to make these the mately earn a Doctorate in Education Ad- tribal college played in her life. kind of institutions we all know they ministration from the University of North The Turtle Mountain Community can be. Dakota. College is a wonderful place. I have I conclude by asking unanimous con- I’ve worked in education ever since, from been there many times. I have spoken sent that the entire letter of Dr. Loret- Head Start teacher’s aide to college pro- fessor. at their commencement. They now ta De Long, from which I quoted, be Now I’m realizing my dream of helping In- have a new campus. They have people printed in the RECORD. dian children succeed. I am the Office of In- going to college there who never would There being no objection, the letter dian Education Programs’ superintendent have had a chance to get a college edu- was ordered to be printed in the working with nine schools, three reserva- cation, but being able to access the ex- RECORD, as follows: tions, and I oversee two educational con- tended family on the reservation for TURTLE MOUNTAIN AGENCY, tracts with two tribal colleges. child care and a range of other things, TURTLE MOUNTAIN, NORTH DAKOTA My life would not have turned out this way there are people getting education at DEAR FRIEND OF THE COLLEGE FUND, I grew were it not for the tribal college on my res- up poor and considered backward by non-In- ervation. this tribal college who would not have dians. My situation is not unique and others feel had the opportunity before. My home was a two-room log house in a this way as well. Since 1974, when Turtle It is not just this college. It is the place called the ‘‘bush’’ on North Dakota’s Mountain College was chartered by the Tur- Sitting Bull College at Fort Yates. I Turtle Mountain Indian Reservation. tle Mountain tribe, around 300 students have

VerDate 02-OCT-2000 00:33 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.074 pfrm02 PsN: S04PT1 S9818 CONGRESSIONAL RECORD — SENATE October 4, 2000 gone on to earn higher degrees. We now have consideration. And I tell him that we sands of dollars to governors and other state educators, attorneys, doctors and others who are going to try to get to the bottom of officials over the years. Edgar has received have returned to the reservation. They—I that priority list as well as to the top at least $375,000 from the association’s mem- should say, we—are giving back to the com- of the priority list. bers over the past 30 months. And the asso- munity. The Senator from North Dakota has ciation’s political action committee, the Instead of asking people to have pity on us Good Government Council, has given more because of what happened in our past, we are done a good job in a good cause, and than $100,000 to other state officials. taking our future into our own hands. this bill takes a major step forward in ‘‘He and the asphalt pavers continued to Instead of looking for someone else to meeting those priorities. play the same games as always but with a solve our problems, we are doing it. Mr. DORGAN. Mr. President, may I Democratic administration,’’ a longtime Re- There’s only one thing tribal colleges need. ask how much time is remaining? publican official said. With more funding, the colleges can do The PRESIDING OFFICER. Fifteen ‘‘The key to the asphalt pavers is that they even more than they’ve already achieved. We seconds. get contracts for their work on a predictable will take people off the welfare rolls and end Mr. DORGAN. If I might just con- basis,’’ the official said. ‘‘The business con- the economic depression on reservations. clude, I thank the Senator from Wash- tinued to flow and the campaign contribu- Tribal colleges have already been successful tions flowed to the Democratic governor, with much less than any other institutions ington. I should certainly have, at the just like the Republican governor.’’ of higher education have received. start of my presentation—and I did While heading the asphalt association, That is why I hope you will continue to not—given credit to President Clinton. Cellini developed his reputation as a na- support the American Indian College Fund. In his budget request, the Senator from tional transportation authority while ex- I’m an old timer. The College Fund didn’t Washington mentioned he did start a panding his political power. exist when I was a student. I remember see- process this year to say we must do Soon after Cellini left the state payroll, ing ads for the United Negro College Fund better. President Richard M. Nixon appointed him to the National Highway Advisory Com- and wishing that such a fund existed for In- So also, it seems to me, this adminis- dian people. mittee. We now have our own Fund that is spread- tration deserves significant credit for Cellini found the federal post was advan- ing the message about tribal colleges and the first steps in what I am sure will be tageous, personally and politically. When his providing scholarships. I’m so pleased. I be- a long journey, but one that we must four-year term was set to expire in March, lieve the Creator meant for this to be. complete. I thank the Senator from 1976, Cellini lobbied President Gerald Ford But so much more must be done. There Washington and also the Senator from for an appoint to the National Transpor- still isn’t enough scholarship money avail- Illinois. tation Policy Study Commission. able to carry students full time. The PRESIDING OFFICER. The Sen- ‘‘The commission has been perfect for my simultaneously covering political meetings That is my new dream *–*–* to see the day ator from Illinois is recognized. when Indian students can receive four-year in D.C. and around the country, while keep- Mr. FITZGERALD. Mr. President, I ing up with my profession in transportation scholarships so they don’t have to go thank my colleagues from North Da- through the extremely difficult struggle and public works,’’ Cellini wrote in a letter many now experience to get their education. kota and Washington. I appreciate this to Ford’s personnel director Douglas Bennett I hope you’ll keep giving, keep supporting opportunity to continue reading an ar- on March 11, 1976. the College Fund, so that some day this ticle from the Chicago Sun-Times ‘‘Of course, I’m counting that my serving dream becomes reality. dated October 6, 1996. The article is by as President Ford Committee’s Downstate I know it can happen because if my dream Tim Novak, Chuck Neubauer, and Dave Coordinator for Illinois won’t be a disadvan- for my future came true, anything is pos- tage,’’ he added in the letter obtained from McKinney, headlined ‘‘Cellini: State the Ford Library. sible. Capitol’s Quiet Captain of Clout; Thank you. Cellini got the appointment. He also was Sincerely, Dealmaker Built Empire Working in chosen to give a speech seconding Ford’s re- LORETTA DE LONG, ED.D., Background.’’ nomination at the 1976 Republican conven- Turtle Mountain Chippewa, As you will understand, if you listen tion. Superintendent for Education. to the articles I am reading, we are ul- ‘‘They were looking for somebody with an ethnic connection, and (Ogilvie) probably Mr. DORGAN. I have a number of timately leading up to a tie-in back to the Abraham Lincoln $120 million Pres- recommended him,’’ said Falls, who ran other letters from people whose stories Ford’s Illinois campaign. are just as inspiring, about their lives idential library in Springfield, IL. The Cellini was widely hailed for helping Ford and the changes in their lives as a re- article earlier discussed the Ogilvie win Illinois, although he lost the election to sult of being able to access the edu- years—Governor Ogilvie’s administra- Jimmy Carter, one of the few times a presi- cation opportunities at tribal colleges. tion in Illinois. And where we last left dential candidate won Illinois, but lost the off was at the beginning of the Walker White House. Mr. GORTON. Will the Senator yield? As Cellini was expanding his power, he got Mr. DORGAN. I am happy to yield for years. Walker was the Governor of Illi- nois who succeeded Ogilvie in the early into real estate development and manage- a question. The Senator from Illinois ment using the name New Frontier. The will retain the floor following my pres- 1970s. company specialized in building and man- entation. Continuing with the article: aging apartments, usually with state financ- With Walker in the governor’s office, Mr. GORTON. That is correct. ing, for senior citizens. The firm later Cellini was out of a job, never to return to branched into office buildings that were I want to thank the Senator for his the state payroll. But his ties to state gov- compliments and to say what is obvi- leased to the state. ernment grew under the Democratic gov- In the waning days of the Walker adminis- ous—that his dedication and commit- ernor. tration, New Frontier got its first state deal ‘‘He still had all his contacts with IDOT,’’ ment to his constituents in this con- when Cellini secured $5.4 million in state said Joe Falls, a former Downstate GOP nection is both praiseworthy and effec- funds to build a 212-unit building near the leader who ran IDOT’s safety programs tive. state Capitol. The building includes offices under Cellini. for the asphalt pavement association and Earlier in the course of this debate, ‘‘Walker and all his people still needed his Cellini’s companies, including New Frontier. the Senator from New Mexico, Mr. help and Bill cooperated,’’ Falls said. ‘‘He It was the first of several real estate deals DOMENICI, was here to speak to the had friends on both sides, but when it came New Frontier would get from state govern- down to an election, he was always a Repub- same subject. He and the Senator from ment. North Dakota made a very good team. lican.’’ THE THOMPSON YEARS Together they persuaded the President Cellini became executive director of the Il- linois Asphalt Pavement Association, rep- Cellini turned state government into a cot- to include this very significant amount resenting virtually all state road builders, tage industry after the Republicans regained of money, both for the construction of many engineering firms and other companies the governor’s office with the election of new Indian schools and for the repair of that build and repair state roads. And he James R. Thompson in 1976. those that can appropriately be re- still runs the association, serving as execu- Cellini averaged more than a deal a year paired or remodeled. But as the Sen- tive vice president. with the state before Thompson stepped ator from New Mexico pointed out, this It’s an association that has been quite ben- down after 14 years in office. And state offi- is the first major contribution to that. eficial for the road builders and Cellini, al- cials say they were probably others that no one was aware of. I can say that as long as I am in this though his salary was a modest $49,140, ac- cording to the group’s 1990 income tax re- Cellini’s personal income soared in the position and as long as the Senator turns. early Thompson years. Cellini’s taxable in- from North Dakota is in his, I know we Under Cellini’s leadership, the association come was $185,558 in 1978, and it nearly dou- will keep this in the forefront of our members have donated hundreds of thou- bled to $368,100 in 1979, according to records

VerDate 02-OCT-2000 00:33 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.026 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9819 he filed in federal tax court. He had no tax- Gaming, a deal that immediately netted individuals who tangentially profit from able income in 1980, $27,539 in 1981 and Cellini $4.9 million and left him as one of the government.’’ $252,349 in 1982. largest stockholders whose stock was worth Edgar’s staff has consistently tried to Cellini’s use of tax shelters created prob- $50 million. Since then, the stock’s value has downplay Cellini’s clout, but the governor lems with the IRS, which ordered him to pay fallen and Cellini has sold off some shares. admits he has a close relationship with $78,120 in back taxes for some of those years, His family’s remaining stock was worth $12 Cellini. according to tax court records filed in 1992. million last Wednesday. ‘‘Bill Cellini has been a friend of mine,’’ New Frontier—the company Cellini started ‘‘Right now the way Bill makes his money Edgar said. ‘‘We were both here in the ’60s. I shortly before Thompson took office—and its is by ownership of that boat,’’ said a former was starting out in the Legislature and he owners were worth $30 million when Thomp- state official, who asked not to be identified. was in the Ogilvie administration. I’ve son left office, according to a biography New ‘‘It’s questionable if . . . he needs to do any known him a long time. ‘‘We don’t socialize much, but we have over Frontier used to attract clients in 1990. of these other deals. It’s thought that he’s the years done things. . . . Our daughters Under Thompson, Cellini and New Frontier hooked on deals. He just can’t resist making were about the same age,’’ Edgar said. ‘‘If built nine apartment buildings in Chicago, deals.’’ there’s some issue he’s got or some political the suburbs and Downstate with an addi- And while most of those deals came under thing coming up, we might talk about it. But tional $84.1 million in loans from the state Thompson, the former governor told the we don’t see each other that much.’’ housing authority, whose chairman A.D. Van Sun-Times in 1990 that he had nothing to do Meter is a close friend of Cellini. Cellini’s clout is greatly exaggerated, with Cellini’s influence. Edgar insisted, the product of stories such as New Frontier also became one of the ‘‘He was on the political scene when I be- state’s biggest landlords in Springfield, pro- this. came governor,’’ Thompson said. ‘‘He’ll be on ‘‘It’s something you in the media have viding offices for several agencies such as the political scene when I leave.’’ Corrections, Public Aid and IDOT, the agen- kind of continued to perpetuate that aura cy Cellini started. THE EDGAR YEARS about Bill Cellini.’’ Sometimes the state agreed to move into Cellini has remained close to the gov- There is another article on this same the buildings before New Frontier bought ernor’s office, although his deals have slowed issue that came out a few years earlier. them. Sometimes the State hired New Fron- since Edgar replaced Thompson in 1991. I would like to share that with the tier to erect buildings and lease them to the Cellini has been an important source of Senators who are here and the people state, all without competitive bids, which Il- campaign contributions for Edgar, who spent in the galleries. linois does not require for its real estate $10.8 million to win re-election in 1994. Continuing along on the history of Two of Cellini’s family members have posi- transactions. what has transpired in State govern- When New Frontier was chosen to build tions in the Edgar administration: sister and lease a building for IDOT, Cellini al- Janis as patronage director, and wife Julie, ment in Springfield over the years, all ready had an option to purchase the land. who has continued as chairman of the Illi- leading up to why I am concerned that Cellini has sold all of those buildings, but nois Historic Preservation Agency, an un- we have to make sure this $120 million New Frontier still manages them. paid position she got from Thompson. building project in Springfield is com- And Cellini created new companies to get As we will recall, the Illinois historic petitively bid according to the strict other deals under Thompson. preservation agency, which I believe guidelines so that no taxpayer money The President Lincoln Hotel Corp. got a goes off on insider dealing in Spring- $15 million loan from Thompson and state Mrs. Cellini still runs or is in charge of, treasurer Jerry Consentino, a Democrat, so will probably be in charge of the Abra- field, this article appeared in the Chi- Cellini could build a luxury hotel in Spring- ham Lincoln Presidential Library in cago Sun-Times of Thursday October field, a long-time dream that no one else Springfield. 11, 1990. It is written by Mark Brown would finance. New Frontier is constructing an addition and Chuck Neubauer. The title of the Cellini’s dream has turned into a night- to a building occupied by the state Environ- article is ‘‘Influence Peddler Turns mare. Before Thompson and Cosentino left mental Protection Agency. New Frontier Clout To Cash.’’ office, they renegotiated the loan twice low- was hired to build the addition by the three As lobbyist, landlord developer, hotel oper- ering the interest rate to 6 percent from 12.5 businessmen who own the Springfield build- ator and all-purpose influence peddler, Wil- percent to keep Cellini from defaulting. The ing. New Frontier has managed the building liam F. Cellini has become a legend in current agreement prevents the state from for the past 10 years. The state will pay $75 Springfield for his prolific ability to cash in foreclosing on the hotel until 1999, while million to rent the complex that it will own on State government. A budding political Cellini can skip quarterly mortgage pay- at the end of the 20-year deal. and business force when Governor Thompson ments when the hotel operates at a loss. Cellini lobbies for several major clients, in- was elected in 1976, this son of a police offi- The deal has caused a political backlash cluding Chicago HMO. The state paid Chi- cer is now regarded by many as the State’s for Cellini. most influential Republican not holding State Treasurer Judy Baar Topinka cut a cago HMO $155 million last year to provide elective office. Much of that reputation is deal last year to let Cellini’s hotel and an- health care for 75 percent of the 180,000 wel- based on the goodies he has culled from the other state-financed hotel in Downstate Col- fare recipients who are in managed care pro- Thompson administration—six major State linsville pay $10 million to settle their debts grams. Those numbers are likely to grow as office leases, plus State financing for eight which totaled $40.3 million. Attorney Gen- Edgar pushes more welfare recipients into apartment projects, one office building, and eral Jim Ryan squashed the deal, arguing managed care. With these vast business deals, Cellini’s a luxury hotel. the hotels were worth more than $10 million. Like all legends, it often is difficult to sort Cellini and the Collinsville hotel owners, wealth has soared. In addition to his Argosy fact from fiction where Cellini is concerned. who include politically connected developer Gaming stock, his family has a stock port- For every business deal that can be traced to Gary Fears, sued, arguing that Ryan had no folio worth at least $2.26 million. They own 108 stocks that are each worth at least him, there are always two more in which he authority to cancel their deal with Topinka. was rumored to be involved but left no fin- The pending suit was brought by Winston & $20,000 and 20 other stocks each worth at least $5,000, according to an ethics statement gerprints. Strawn, the powerful law firm where Thomp- Cellini, 55, tends to add to the mystery, son now works. his wife filed earlier this year. And the family earned at least $165,000 in rarely talking to reporters. He did not an- Cellini’s hotel plays a prominent role in swer Chicago Sun-Times requests for an his empire. When road builders come to bid capital gains last year from the sale of stocks they owned in 33 companies, accord- interview for this story. for state contracts, many of them stay in the Although he served as the state’s first ing to the ethics statement. hotel resplendent with Italian marble, cher- transportation secretary, under Gov. Rich- Cellini remains in regular contact with Ed- ry wood and special shower rods that were ard B. Ogilvie, his only official positions gar’s chiefs of staff, said Dillard, who had the invented and patented by Cellini—designed these days are with the Sangamon County job for three years. to keep the shower curtain from sticking to Republican organization. the backside of his guests. ‘‘When I was the governor’s chief of staff, While acknowledging Cellini’s influence, The hotel is also the place where Cellini Bill and I talked but it wasn’t nearly as Thompson denied that it stems from him. throws fund-raisers, like the bash he threw often as people imagined . . . a couple times ‘‘He probably know more people in state for Edgar the day after Topinka agreed to a month,’’ Dillard said. ‘‘It could be (about) government than I do,’’ Thompson said.’’ . . . settle the hotel loan. upcoming political races or just rumors he He was on the political scene when I became Cellini had made a lot of deals, but he hit would pick up. governor. He’ll be on the political scene the jackpot when he and a new group of part- ‘‘One of the things that makes Bill Cellini when I leave. He doesn’t need me to front for ners got a riverboat casino license from the a trusted adviser is the longevity and him. state two months before Thompson left of- breadth of his experience in state govern- Thompson said he speaks to Cellini no fice. Cellini’s Alton Belle was the state’s ment,’’ Dillard said. more than once a year. But they have com- first floating casino when it opened a few ‘‘Bill Cellini personally cares in a friend- municated in other ways. months after Edgar took office in 1991. ship type of fashion . . . about governors In one 12-month period encompassing his Within two years, Cellini’s group issued Thompson and Edgar,’’ Dillard said. ‘‘He’s 1986 re-election campaign, Thompson re- public stock in their casino company, Argosy very different . . . from many of the other ported using $765 in campaign funds to buy

VerDate 02-OCT-2000 01:18 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.017 pfrm02 PsN: S04PT1 S9820 CONGRESSIONAL RECORD — SENATE October 4, 2000 five antiques as gifts for Cellini and his wife. 20-year management agreements have a spe- his way and he is going to be making a Thompson sent gifts for Christmas and as cial termination clause that calls for a $1.1 statement. thank-yous for fund-raisers hosted by the million fee to be paid to Cellini’s company if The PRESIDING OFFICER. Objec- Cellinis. The governor even remembered the new owner replaces it. tion is heard. The Senator from Illinois their anniversary. The most prominent symbol of Cellini’s po- has the floor. litical influence is the Springfield Ramada Although Cellini’s personal political dona- Mr. REID. The Senator has the floor, tions to Thompson are not especially large, Renaissance, a luxury hotel that he long had he is known for his ability to raise money sought to build but couldn’t get financed but I would like to propound a unani- from others. until Thompson and state Treasurer Jerry mous consent request that we go into a ‘‘He’s been very helpful,’’ Thompson said. Cosentino approved a $15 million state loan quorum call for the purpose of the lead- One source of Cellini’s clout is his role as in 1982. er coming to the floor, and when the executive vice president of the Illinois As- The hotel has been a financial embarrass- majority leader completes his state- phalt Pavement Association, a trade group ment for the state, which has twice renegoti- ment, the floor return to the Senator of road builders who have fared well under ated the loan to avoid a default. from Illinois and that he not be Thompson’s policies. Their combined fund- That article ended by discussing a charged with a second speech. raising prowess is considerable. Renaissance Springfield Hotel which, The PRESIDING OFFICER. Is there Cellini also gets paid to protect the inter- and we have heard, Mr. Cellini was in- objection? ests of three other groups, the Illinois Asso- strumental in getting a State loan to ciation of Sanitary Districts, Illinois Con- Mr. FITZGERALD. Yes, I agree to crete pipe Association and Prestressed Pre- construct a hotel. We also reviewed that. I have no objection. cast Producers of Illinois. earlier that Federal funds were in- The PRESIDING OFFICER (Mr. SES- His primary business, however, is the New volved in building that hotel, and we SIONS). Without objection, it is so or- Frontier Group, a diversified, Chicago-based went through and realized that hotel dered. The clerk will call the roll. real estate organization that was less than has not paid back that $15 million The legislative clerk proceeded to two years old when Thompson was elected. It loan—at least not as far as we know. call the roll. now boasts that it has developed more than The proposed Lincoln Library site is Mr. LOTT. Mr. President, I ask unan- 1.3 million square feet of office space and going to be right near that hotel. imous consent that the order for the 2,550 housing units. I turn from the hotel issue to dis- quorum call be rescinded. Much of that growth is attributable to The PRESIDING OFFICER (Mr. SES- Cellini’s adept use of government programs. cussing how the State awarded river- With $55 million in low-interest financing boat gaming licenses. The State, back SIONS). Without objection, it is so or- from the Illinois Housing Development Au- in the beginning and the late 1980s, and dered. thority, a quasi-state agency under Thomp- I think finally in 1990, created 10 river- Mr. LOTT. Mr. President, the Inte- son’s control, New Frontier Developments boat licenses. The State statute was rior appropriations conference report Co. has built eight government-subsidized fairly specific with respect to where obviously is a very important bill. apartment projects since 1976. many of these riverboat licenses had to There has been an awful lot of work Cellini’s New Frontier Management Co. be. It later turned out that in most that has gone into it. It does have bi- serves as the management agent not only for partisan support. As I understand it, it his own properties but for many other Chi- cases, only a couple of people applied for the riverboat licenses and these li- is positioned to be signed into law. It cago-area apartment buildings. passed the House 349–69, something of Cellini and New Frontier also emerged censes wound up being very lucrative. under Thompson as the state’s favorite that nature. In fact, they ended up being phenome- The Senator from Illinois has some Springfield landlord. nally lucrative licenses. Again, on the His first major office deal was in 1979, when difficulties with a provision in this leg- riverboat licensing, as was mentioned islation. Certainly, as any Senator, he Cellini bought an abandoned seminary and in that article, Mr. Cellini was involved leased it to the state for a Corrections De- is entitled to make his point, and to partment headquarters and training school. in the Alton Riverboat, the gaming make his point at length within the The controversial arrangement was typical company boat we have talked about. provisions of our rules. It is important of many of the Cellini deals that followed be- I will proceed to discuss how those li- we move forward now. We are prepared cause state officials strayed from normal censes were handed out. to move forward on this legislation. procedures to his apparent benefit. Mr. DURBIN. Will the Senator from CLOTURE MOTION Corrections officials were in such a hurry Illinois yield? Mr. LOTT. Mr. President, I send a to get the seminary property that they Mr. FITZGERALD. I yield only for a cloture motion to the desk to the pend- passed up an opportunity to buy it outright question. and instead entered into a lease-purchase Mr. DURBIN. I noticed the Senator ing Interior appropriations conference agreement with Cellini. They said it enabled earlier had yielded to Senators with an report. them to move in more quickly than if they The PRESIDING OFFICER. The clo- had to go through the usual purchase proc- understanding, a unanimous consent ture motion having been presented ess. agreement that he would not surrender under rule XXII, the Chair directs the The lease-purchase would have allowed the the floor. I ask for the same oppor- clerk to read the motion. state to buy the facility any time over the tunity to speak, with the unanimous The assistant legislative clerk read term of the lease—at a generally escalating consent request that the floor will be as follows: price. Eleven years later, though, the state returned to my colleague from Illinois still is renting. CLOTURE MOTION after the conclusion of my remarks. We, the undersigned Senators, in accord- Cellini, who had paid $3.6 million for the Mr. FITZGERALD. I would be happy property and spent at least $4.2 million re- ance with the provision of rule XXII of the modeling it, collected $9.5 million in rent to accommodate my colleague. I am Standing Rules of the Senate, do hereby from the state before selling to a Virginia told that similar requests are pending move to bring to a close debate on the con- company in 1987 for $9.1 million. from Senator GRAHAM of Florida, Sen- ference report to accompany H.R. 4578, the Cellini proved to be in the right place at ator JOHN MCCAIN, and then you? If we Department of Interior appropriations bill: the right time for many similar opportuni- could work out an agreement, I would Trent Lott; Ted Stevens; Larry Craig; ties, renting space to the Public Aid, Trans- Pat Roberts; Jim Inhofe; Mike DeWine; not like to bypass those who have John Warner; Pete Domenici; R.F. Ben- portation and Commerce and Community Af- shown up earlier. Are either of those fairs departments. nett; Richard Shelby; Kit Bond; Slade In the cases of Public Aid and Transpor- Senators on the floor or the Cloak- Gorton; Phil Gramm; Conrad Burns; tation, Cellini’s company was hired to con- room? Chuck Hagel; and Kay Bailey struct buildings and lease them back to the Mr. DURBIN. I do not believe either Hutchison. state, bypassing the state Capital Develop- of those Senators are on the floor. I be- Mr. LOTT. Mr. President, I will con- ment Board, which usually constructs state lieve my statement will take no more tinue to work with Senator FITZ- buildings on a competitively bid basis. than 10 minutes. With the forbearance GERALD and others to try to resolve When Transportation Department officials of the Senator, I ask unanimous con- this issue as best we can and any other got around to announcing the site that they sent I be allowed to speak for 10 min- problems that may exist. I do believe it insisted on having for their new building, it utes, and that at the conclusion of my turned out that Cellini already had an option is necessary to prepare the Senate for a on the land. remarks the floor be returned to my cloture vote if it should be necessary. Even when Cellini began selling his build- colleague from the State of Illinois. I now ask unanimous consent that ings, at a tidy profit, his company was kept Mr. FITZGERALD. I am going to ob- the mandatory quorum under rule XXII on by the new owner to manage them. The ject to that. I am told the leader is on be waived.

VerDate 02-OCT-2000 01:18 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.020 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9821 The PRESIDING OFFICER. Without (A) in clause (xi), by striking ‘‘or’’ at the end; lowing the month during which the determina- objection, it is so ordered. (B) in clause (xii), by adding ‘‘or’’ at the end; tion is made. ‘‘(d) PAYMENT.—Notwithstanding any other f and (C) by inserting after clause (xii) the fol- provision of this title, medical assistance that— BREAST AND CERVICAL CANCER lowing: ‘‘(1) is furnished to an individual described in PREVENTION AND TREATMENT ‘‘(xiii) individuals described in section subsection (a)— ACT OF 2000 1902(aa),’’. ‘‘(A) during a presumptive eligibility period; (b) PRESUMPTIVE ELIGIBILITY.— ‘‘(B) by a entity that is eligible for payments Mr. LOTT. Mr. President, I ask unan- (1) IN GENERAL.—Title XIX of the Social Secu- under the State plan; and imous consent that the Senate now rity Act (42 U.S.C. 1396 et seq.) is amended by ‘‘(2) is included in the care and services cov- proceed to the consideration of Cal- inserting after section 1920A the following: ered by the State plan, endar No. 641, S. 662. ‘‘PRESUMPTIVE ELIGIBILITY FOR CERTAIN BREAST shall be treated as medical assistance provided The PRESIDING OFFICER. The OR CERVICAL CANCER PATIENTS by such plan for purposes of clause (4) of the clerk will report the bill by title. ‘‘SEC. 1920B. (a) STATE OPTION.—A State plan first sentence of section 1905(b).’’. The assistant legislative clerk read approved under section 1902 may provide for (2) CONFORMING AMENDMENTS.— as follows: making medical assistance available to an indi- (A) Section 1902(a)(47) of the Social Security vidual described in section 1902(aa) (relating to Act (42 U.S.C. 1396a(a)(47)) is amended by in- A bill (S. 662) to amend title XIX of the So- certain breast or cervical cancer patients) dur- serting before the semicolon at the end the fol- cial Security Act to provide medical assist- ing a presumptive eligibility period. lowing: ‘‘and provide for making medical assist- ance for certain women screened and found ‘‘(b) DEFINITIONS.—For purposes of this sec- ance available to individuals described in sub- to have breast or cervical cancer under a fed- tion: section (a) of section 1920B during a presump- erally funded screening program. ‘‘(1) PRESUMPTIVE ELIGIBILITY PERIOD.—The tive eligibility period in accordance with such There being no objection, the Senate term ‘presumptive eligibility period’ means, with section’’. proceeded to consider the bill which respect to an individual described in subsection (B) Section 1903(u)(1)(D)(v) of such Act (42 had been reported from the Committee (a), the period that— U.S.C. 1396b(u)(1)(D)(v)) is amended— on Finance with an amendment to ‘‘(A) begins with the date on which a quali- (i) by striking ‘‘or for’’ and inserting ‘‘, for’’; fied entity determines, on the basis of prelimi- and strike out all after the enacting clause (ii) by inserting before the period the fol- and insert the part printed in italic. nary information, that the individual is de- scribed in section 1902(aa); and lowing: ‘‘, or for medical assistance provided to SECTION 1. SHORT TITLE. ‘‘(B) ends with (and includes) the earlier of— an individual described in subsection (a) of sec- This Act may be cited as the ‘‘Breast and Cer- ‘‘(i) the day on which a determination is made tion 1920B during a presumptive eligibility pe- vical Cancer Prevention and Treatment Act of with respect to the eligibility of such individual riod under such section’’. 2000’’. for services under the State plan; or (c) ENHANCED MATCH.—The first sentence of SEC. 2. OPTIONAL MEDICAID COVERAGE OF CER- ‘‘(ii) in the case of such an individual who section 1905(b) of the Social Security Act (42 TAIN BREAST OR CERVICAL CANCER does not file an application by the last day of U.S.C. 1396d(b)) is amended— PATIENTS. the month following the month during which (1) by striking ‘‘and’’ before ‘‘(3)’’; and (a) COVERAGE AS OPTIONAL CATEGORICALLY the entity makes the determination referred to (2) by inserting before the period at the end NEEDY GROUP.— in subparagraph (A), such last day. the following: ‘‘, and (4) the Federal medical as- (1) IN GENERAL.—Section 1902(a)(10)(A)(ii) of ‘‘(2) QUALIFIED ENTITY.— sistance percentage shall be equal to the en- the Social Security Act (42 U.S.C. ‘‘(A) IN GENERAL.—Subject to subparagraph hanced FMAP described in section 2105(b) with 1396a(a)(10)(A)(ii)) is amended— (B), the term ‘qualified entity’ means any entity respect to medical assistance provided to indi- (A) in subclause (XVI), by striking ‘‘or’’ at that— viduals who are eligible for such assistance only the end; ‘‘(i) is eligible for payments under a State on the basis of section (B) in subclause (XVII), by adding ‘‘or’’ at plan approved under this title; and 1902(a)(10)(A)(ii)(XVIII)’’. the end; and ‘‘(ii) is determined by the State agency to be (d) EFFECTIVE DATE.—The amendments made (C) by adding at the end the following: by this section apply to medical assistance for ‘‘(XVIII) who are described in subsection (aa) capable of making determinations of the type described in paragraph (1)(A). items and services furnished on or after October (relating to certain breast or cervical cancer pa- 1, 2000, without regard to whether final regula- tients);’’. ‘‘(B) REGULATIONS.—The Secretary may issue regulations further limiting those entities that tions to carry out such amendments have been (2) GROUP DESCRIBED.—Section 1902 of the So- promulgated by such date. cial Security Act (42 U.S.C. 1396a) is amended may become qualified entities in order to prevent by adding at the end the following: fraud and abuse and for other reasons. Mr. LOTT. Mr. President, I ask unan- ‘‘(aa) Individuals described in this subsection ‘‘(C) RULE OF CONSTRUCTION.—Nothing in this imous consent that the committee sub- are individuals who— paragraph shall be construed as preventing a stitute be agreed to. ‘‘(1) are not described in subsection State from limiting the classes of entities that The PRESIDING OFFICER. Without (a)(10)(A)(i); may become qualified entities, consistent with any limitations imposed under subparagraph objection, it is so ordered. ‘‘(2) have not attained age 65; The committee amendment in the ‘‘(3) have been screened for breast and cer- (B). vical cancer under the Centers for Disease Con- ‘‘(c) ADMINISTRATION.— nature of a substitute was agreed to. trol and Prevention breast and cervical cancer ‘‘(1) IN GENERAL.—The State agency shall pro- Mr. LOTT. Mr. President, I ask unan- early detection program established under title vide qualified entities with— imous consent that the bill, as amend- XV of the Public Health Service Act (42 U.S.C. ‘‘(A) such forms as are necessary for an appli- ed, be considered read the third time. 300k et seq.) in accordance with the require- cation to be made by an individual described in The bill (S. 662), as amended, was ments of section 1504 of that Act (42 U.S.C. 300n) subsection (a) for medical assistance under the considered read the third time. and need treatment for breast or cervical cancer; State plan; and Mr. LOTT. Mr. President, I further ‘‘(B) information on how to assist such indi- and ask unanimous consent that the Sen- ‘‘(4) are not otherwise covered under cred- viduals in completing and filing such forms. itable coverage, as defined in section 2701(c) of ‘‘(2) NOTIFICATION REQUIREMENTS.—A quali- ate then proceed to Calendar No. 542, the Public Health Service Act (42 U.S.C. fied entity that determines under subsection H.R. 4386, all after the enacting clause 300gg(c)).’’. (b)(1)(A) that an individual described in sub- be stricken, and the text of S. 662 be in- (3) LIMITATION ON BENEFITS.—Section section (a) is presumptively eligible for medical serted in lieu thereof. Further, I ask 1902(a)(10) of the Social Security Act (42 U.S.C. assistance under a State plan shall— unanimous consent that the bill, as 1396a(a)(10)) is amended in the matter following ‘‘(A) notify the State agency of the determina- amended, be read the third time and subparagraph (G)— tion within 5 working days after the date on passed, the motion to reconsider be (A) by striking ‘‘and (XIII)’’ and inserting which determination is made; and ‘‘(XIII)’’; and ‘‘(B) inform such individual at the time the laid upon the table, and, finally, any (B) by inserting ‘‘, and (XIV) the medical as- determination is made that an application for statements relating to this very impor- sistance made available to an individual de- medical assistance under the State plan is re- tant piece of legislation be printed in scribed in subsection (aa) who is eligible for quired to be made by not later than the last day the RECORD. medical assistance only because of subpara- of the month following the month during which The PRESIDING OFFICER. Without graph (A)(10)(ii)(XVIII) shall be limited to med- the determination is made. objection, it is so ordered. ical assistance provided during the period in ‘‘(3) APPLICATION FOR MEDICAL ASSISTANCE.— The bill (H.R. 4386), as amended, was which such an individual requires treatment for In the case of an individual described in sub- read the third time and passed. breast or cervical cancer’’ before the semicolon. section (a) who is determined by a qualified en- (4) CONFORMING AMENDMENTS.—Section tity to be presumptively eligible for medical as- Mr. LOTT. I note, Mr. President, that 1905(a) of the Social Security Act (42 U.S.C. sistance under a State plan, the individual shall this is the breast and cervical cancer 1396d(a)) is amended in the matter preceding apply for medical assistance under such plan by legislation. It has broad bipartisan sup- paragraph (1)— not later than the last day of the month fol- port. I am very pleased we were able to

VerDate 02-OCT-2000 01:18 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.081 pfrm02 PsN: S04PT1 S9822 CONGRESSIONAL RECORD — SENATE October 4, 2000 come to an agreement to bring it this This bill addresses an issue that is very, very important, it is really only far. It came up this morning in the Fi- vital to the health and lives of so many the first part of the battle. nance Committee. I asked the Senator low-income women—coverage of breast When the National Breast and Cer- from New York if he would help us get and cervical cancer treatment under vical Cancer Early Detection Program it cleared through to this point. Sen- the Medicaid program. passed in 1990, we wanted to ensure ator MOYNIHAN indicated he would, and This legislation was originally intro- that women would receive treatment. he has done so, as always. I do not duced by our late colleague, Senator The law was written to require states think we would have this clearance John Chafee of Rhode Island. Senator to seek out services for the women without his help. Chafee was always one of the Senate’s they screen in order to receive timely Mr. MOYNIHAN. Mr. President, may leaders on health care issues, and like and appropriate treatment. But the I have one moment? all of my colleagues, I am sad that he state programs are overwhelmed. Pro- Mr. LOTT. Mr. President, I will be is not with us today to see his bill pass gram administrators are scrambling to glad to yield the floor to Senator MOY- the Senate. I know that he would be find treatment services—and even then NIHAN. pleased to know that his bill now has these uninsured, low-income women Mr. MOYNIHAN. Mr. President, we the support of 75 Senators. must somehow come up the money for all thank the majority leader for this I also want to take a moment to note costly procedures. action. I know it will be particularly the dedication of my colleagues Sen- This legislation will give women who pleasing to the chairman of our com- ators MIKULSKI, LINC CHAFEE, GRASS- have been screened through the CDC’s mittee, Senator ROTH, who took up LEY, and HATCH—we have put many National Breast and Cervical Cancer this measure, introduced in the first hours into ensuring that today’s legis- Early Detection Program the chance to instance by Senator CHAFEE. It came lation gets through the Senate and can receive needed treatment that is truly out of our committee unanimously. It be reconciled quickly with the House life-and-death. This Act will allow is good legislation. It should be pur- version. Finally, this bill would not be states the option of providing Medicaid sued. We thank the leader for his ef- before us today if not for the help of services to women who have breast or fort. the Chairman of the Senate Finance cervical cancer. I yield the floor. Committee—it was Senator ROTH who I would like to explain to my col- Mr. LOTT. I ask unanimous consent made a commitment to get this bill leagues why this legislation is so im- that S. 662 be placed back on the cal- through the Finance Committee. portant in a very personal way. One of endar. In 1990, while serving in the House, I my constituents went through the The PRESIDING OFFICER. Without was a proud cosponsor of the legisla- Maine Breast and Cervical Health Pro- objection, it is so ordered. tion that established the Center for gram and had an abnormal mammo- Mr. ASHCROFT. Mr. President, I Disease Control’s National Breast and gram, followed by an abnormal take this opportunity to commend the Cervical Early Detection Program. ultrasound. She was advised to have a Senate’s passage of S. 662, the Breast This groundbreaking program—spon- sterotactic biopsy but delayed for three and Cervical Cancer Treatment Act. I sored in the Senate by Senator MIKUL- months because she could not afford it. am pleased to be a cosponsor of this SKI—ensures that women who are medi- Three months in which her cancer important legislation, which provides cally underserved in this country re- could grow and spread. And while she low-income, uninsured women with ac- ceive regular screening for breast and eventually had the biopsy and was not cess to the treatment they need to bat- cervical cancer. Since the program did diagnosed with cancer, these three tle these two potentially devastating its very first screening in 1991, over 1.4 months could have truly meant the dif- diseases. million women have had either a mam- ference between winning or losing her In 1990, Congress created a program, mogram or a test for cervical cancer. battle against cancer. administered by the Centers for Dis- And more are screened every single The women who go through this pro- ease Control, CDC, to provide breast day. gram have undergone enough solely by and cervical cancer screening for low- It is unquestionable that early detec- being diagnosed with cancer. And the income, uninsured women. While this tion is our best weapon against cancer. stress of diagnosis is almost debili- program’s goal was to reduce mortality The success of the CDC program is tating. But to compound this stress, to rates from these two diseases, the fact proven. As a result of this program leave a woman with the knowledge many women diagnosed under the pro- over 6,800 uninsured, low-income that she has cancer, that she must—ab- gram had no funds for treatment left women across the country now know solutely must— receive treatment or our goal largely unfulfilled. they have breast cancer and can take her cancer will spread, but to not help The Breast and Cervical Cancer action to fight this disease. And over her find the means to fight for her life Treatment Act moves this Federal 34,000 uninsured, low-income women is unconscionable. commitment forward to the next log- across the country now know they have We cannot sit back and claim that a ical step, by providing Medicaid funds either invasive cervical cancer or pre- screening program is enough to save a to treat these women who are diag- cancerous cervical lesions. woman’s life. We know that the unin- nosed with breast or cervical cancer In my home state of Maine, nearly sured are 49 percent more likely to die through the CDC screening program. 16,000 women have gone through the than are insured women during the Under this important legislation, screening program since it began in four to seven years following an initial American women will be able to re- 1995. And as a result of this screening breast cancer diagnosis. This is uncon- ceive the treatment they need to win 46 women with breast cancer and 23 scionable—we must provide an option the fight against breast cancer or cer- women with cervical cancer have vital for uninsured women who are not able vical cancer. information that they might not have to pay for treatment on their own. We As we are in the waning days of this had otherwise. I don’t like to think of cannot sit back and watch women die legislative session, I am glad to join what could have happened if they had from a disease that they discovered my Senate colleagues in passing the found out about their cancer when it through our program but not help them Breast and Cervical Cancer Treatment was too late. fight this disease. Act, which will provide new resources Unfortunately, screening alone—and I am extremely pleased that the Sen- and hope to low-income women with the life-or-death knowledge about one’s ate is bringing the bill up for passage breast or cervical cancer. As the House health that comes as a result—cannot today; the House overwhelmingly has already passed a similar bill, it is save a woman’s life. It is estimated passed its version on May 9th and I my hope that Congress will present that breast and cervical cancer will hope that the two bills will be rec- final legislation to the President for kill more than half a million women onciled quickly in conference. enactment this year. this decade alone. In fact, breast can- Ms. MIKULSKI. Mr. President, I rise Ms. SNOWE. Mr. President, I rise cer is the number one killer of Amer- today in strong support of Senate pas- today to express my unwavering sup- ican women between the ages of 35 and sage of the Breast and Cervical Cancer port for passage of the Breast and Cer- 54. While screening is the first line of Treatment Act S. 662. I am proud to be vical Cancer Treatment Act (S. 662). defense in fighting cancer, and is so the lead Democratic sponsor of this

VerDate 02-OCT-2000 02:22 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.090 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9823 bill. This is legislation that will help screening program, I was told we didn’t Instead, today the Senate fulfills a save lives, and it has the strong bipar- have the money. Well, now we are run- promise made nearly 10 years ago. We tisan support of 76 cosponsors. It gives ning annual surpluses, instead of an- are saying to lower-income, uninsured states the option of providing Medicaid nual deficits. The screening program women that we will continue to help coverage to low-income women diag- was just a down payment, not the only you access the preventive health care nosed with breast and cervical cancer payment. We have the resources to pro- services you need. But now, through S. through the National Breast and Cer- vide treatment to these women. I think 662, our commitment to you will not vical Cancer Early Detection Program we ought to put our money into saving stop with screening. If problems are under the Centers for Disease Control lives. found, the federal government stands and Prevention, CDC. Second, prevention, screening, and ready to work with the states to make Senate passage of this legislation was early detection are very important, but sure you receive the treatment you a true bipartisan team effort, and I alone they do not stop deaths. Screen- need to get well. want to recognize the other members ing must be combined with treatment I am grateful to my colleagues in the of this team. I want to commend the to reduce cancer mortality. Finally, it Senate for joining me in supporting late Senator John Chafee, who spon- is only right to provide federal re- this important legislation, and I look sored this legislation, for his leadership sources to treat breast and cervical forward to working with my colleagues and genuine commitment to the cancer for those screened and diag- in the House to quickly reconcile the women this bill would help. I want to nosed with these cancers through a fed- differences between our bills so we can thank Senators LINCOLN CHAFEE, MOY- eral screening program. see this necessary legislation signed NIHAN, SNOWE, GRASSLEY, and HATCH I look forward to working with my into law this year. for their strong support and leadership colleagues on both sides of the aisle to f as we have all worked together to move ensure swift enactment of the Breast this legislation through the Senate. I and Cervical Cancer Treatment Act in UNANIMOUS CONSENT REQUEST— thank the Majority Leader and the the final days of this session. Women H.R. 4986 Democratic Leader for their commit- diagnosed with breast and cervical can- Mr. LOTT. Mr. President, I ask unan- ment to getting this bill through the cer shouldn’t have to wait another year imous consent, notwithstanding rule Senate. for treatment. I can’t think of any bet- XXII, that the Senate turn to the con- I also want to commend Senator ter way to mark the 10th anniversary sideration of Calendar No. 817, H.R. ROTH for his leadership in the Finance of the CDC screening program than by 4986, relating to foreign sales corpora- Committee to ensure committee con- finally adding a federal treatment com- tions, and that following the reporting sideration and passage of this bill. ponent to ensure that we make a true of the bill by the clerk, the committee Thank you also to President Clinton difference in the lives of women across amendments be agreed to, with no this country. and Vice President GORE who have other amendments or motions in order, Mr. ROTH. Mr. President, I am been supportive of providing treatment and the bill be immediately advanced pleased that the Senate has passed leg- to women diagnosed with breast and to third reading and passage occur, all islation that will dramatically improve cervical cancer through the CDC without any intervening action or de- the lives of lower-income women faced screening program, especially by in- bate. with a terrifying diagnosis of breast or cluding a provision similar to S. 662 in I further ask unanimous consent that cervical cancer. the Senate then insist on its amend- the Administration’s Fiscal Year 2001 Ten years ago, Congress created the ment, request a conference with the budget. National Breast and Cervical Cancer House, and the Chair be authorized to Finally, none of us would be here Early Detection Program, through the appoint conferees on the part of the today to celebrate Senate passage of Centers for Disease Control, to help this bill without the hard work, tenac- lower-income women receive the early Senate, who would be Senators ROTH, ity, persistence, and perseverance of detection services that are the best LOTT, and MOYNIHAN. The PRESIDING OFFICER. Is there Fran Visco and the National Breast protection against breast and cervical objection? Cancer Coalition. They have done an cancer. This important program has Mr. REID. Reserving the right to ob- outstanding job of making sure that served more than a million women in ject, we have been doing everything we women’s voices from across the coun- subsequent years. However, the screen- can to move along the appropriations try were heard, listened to, and well ing program does not include a treat- represented. ment component. Instead, women who process. We did that on the energy and However, our work is not yet fin- receive a cancer diagnosis must rely on water appropriations bill. We are doing ished. The House of Representatives informal networks of donated care. that on the Interior appropriations must now take up and pass the bill we Last year, Senator John Chafee in- bill. I want the RECORD to be clear, as passed today. The House should move troduced S. 662, the Breast and Cervical the leader knows, we are not holding swiftly to enact this legislation that Cancer Treatment Act, to make it easi- up the Interior bill. has such overwhelming bipartisan sup- er for women facing breast and cervical Mr. LOTT. Absolutely. We had some port. cancer to receive necessary treat- reservations on both sides of the aisle The CDC screening program cele- ment—and I think each and every one last night. The reservations on Senator brated its 10th anniversary on August of us shares that important goal. REID’s side of the aisle were worked 10, 2000. The CDC screening program S. 662 makes treatment available out. The problem now is, as I stated, has provided over one million mammo- through the Medicaid program. Now, that Senator FITZGERALD has a prob- grams and over one million Pap tests. maybe some of us would have ap- lem. The Senator from Nevada has Among the women screened, over 7,000 proached the problem differently. I worked on his part of the problem on cases of breast cancer and over 600 think there are very valid concerns which, by the way, I agreed with him. cases of cervical cancer have been diag- about creating disease-specific eligi- I believe we have gotten the language nosed. I am proud to be the Senate ar- bility categories within the Medicaid we need, so it is not necessary for that chitect of the legislation that created program. objection to be filed. the breast and cervical cancer screen- However, despite those concerns, I Mr. REID. Mr. President, I further ing program at the CDC, and now I’m am pleased that the Senate passed S. say under my reservation, we are also fighting to complete the program by 662 because we are dealing with a thor- standing by ready to work on Trans- adding a treatment component. There oughly unique set of circumstances. portation and hopefully Agriculture. It are three reasons why we must swiftly The new Medicaid eligibility category would be very nice if we could com- enact the Breast and Cervical Cancer created in S. 662 is specifically linked plete this work which is, as the leader Treatment Act. to a unique and existing federal screen- knows, overdue. First, times have changed since the ing program and must not, and will The point is, I want the RECORD creation of the CDC screening program not, be viewed as a precedent for ex- spread with the simple fact that I am ten years ago. In 1990, when I wanted to tending Medicaid eligibility body-part going to object to Calendar No. 817. It include a treatment component in the by body-part. is an unusual thing we have to object.

VerDate 02-OCT-2000 02:22 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.108 pfrm02 PsN: S04PT1 S9824 CONGRESSIONAL RECORD — SENATE October 4, 2000 We want to move things along as Mr. MOYNIHAN. I will stay here all Mr. MURKOWSKI. Mr. President, it quickly as possible, as indicated by the afternoon and evening. is my understanding that the majority statement I just made. But as to H.R. Mr. REID. I am sure the Senator can leader attempted to get a unanimous 4986, I object. I say to the leader, there explain it well. So I invite Senators to consent on the Energy Policy and Con- are people who are looking at this, and do that. servation Act. we hope it can be cleared at an early Mr. LOTT. I would like to make That bill was objected to? date. clear, if there is a technical amend- Mr. LOTT. I believe there was objec- The PRESIDING OFFICER. Objec- ment, or if there is a germane amend- tion. tion is heard. ment, we could certainly get an agree- The PRESIDING OFFICER. Objec- Mr. LOTT. Mr. President, if I may ment to make that in order. tion was heard. comment, as Senator REID mentioned, What bothers me is that earlier on Mr. LOTT. If the Senator would we hope to move to the Transportation there had been indications that there allow me, we have one other unani- and Agriculture appropriations con- were unrelated amendments that would mous consent request. If we could get ference reports. I had hoped one or ball the Senate up and this bill into that entered into—it has been agreed both of those would be ready today. I protracted debate. What bothers me to—then you would have the floor believe they are both close to comple- even more is, as we get closer, hope- without the pressure of making a short statement. I think Senator REID would tion. In fact, I am sure the Transpor- fully, to the end of the session, the be able to leave the Chamber, too, if he tation appropriations conference report thinking, I guess, would be, well, we chooses. is completed, and we should have it, will just drop this into something. The hopefully, early in the morning. Agri- opportunity for mischief at that point f culture has been more difficult for ob- is endless because if one Senator shows UNANIMOUS CONSENT vious reasons: Getting an exact reliable up and objects, we could lose it. AGREEMENT—H.J. RES. 110 number on what is needed for disasters, So I know Senator REID will be work- but also dealing with issues such as the Mr. LOTT. Mr. President, I ask unan- ing on this. But this is something that imous consent that the Senate proceed drug reimportation question and the is important to our country. I assume sanctions issue. They are going to at- to H.J. Res. 110, the continuing resolu- that the White House also would like tion, and after the reporting of the tempt to close that conference this to get this done. We need to continue afternoon. We hope to have a vote and joint resolution by the clerk, it be con- to focus very closely on this piece of sidered under the following agreement, be ready for action on tomorrow. legislation. With regard to this particular bill, with no amendments or motions in the foreign sales corporation, I under- f order: 2 hours equally divided between stand there are some reservations, but UNANIMOUS CONSENT REQUEST— the chairman and the ranking minority hopefully we can find a way to consider H.R. 4868 member or his designee; 3 hours equal- ly divided between the two leaders or it. Mr. LOTT. Mr. President, I ask unan- Mr. MOYNIHAN. Would the majority their designees. imous consent that the Senate proceed leader yield for a question? I further ask consent that all time be Mr. LOTT. I do not believe I have the to the consideration of Calendar No. used or considered yielded back by the floor, I say to the Senator, but I am 841, H.R. 4868, regarding tariff and close of business today, and when the trade laws. sure that Senator REID would yield to Senate reconvenes on Thursday at 9:30, the Senator. The PRESIDING OFFICER. Is there there be 30 minutes under the control Mr. REID. I am happy to yield to my objection? of Senator STEVENS and 60 minutes friend from New York who is so inter- Mr. REID. Reserving the right to ob- under the control of Senator BYRD for ested in this legislation, and who has ject. closing remarks, and at 11 a.m. the bill talked to me about it so many times. The PRESIDING OFFICER. The Sen- be read for a third time, and passage of Mr. MOYNIHAN. You say ‘‘reserva- ator from Nevada. H.J. Res. 110 occur, all without any in- tions.’’ Sir, if there are any reserva- Mr. REID. I do object. tervening action or debate, and that tions about the legislation as such, I The PRESIDING OFFICER. Objec- this all begin immediately following would hope they would bring them to tion is heard. the statement by Senator MURKOWSKI. the attention of Senator ROTH, myself, f The PRESIDING OFFICER. Is there objection? and others, and the administration. UNANIMOUS CONSENT REQUEST— This is absolutely must do legisla- Mr. REID. Reserving the right to ob- H.R. 2884 tion. If we do not do it, we put our- ject, and I will not object, I say to the selves at risk of a probable certain out- Mr. LOTT. Mr. President, I ask unan- leader and to the Presiding Officer, we come—a trade war with Europe. In imous consent that the Senate now have a number of people who wish to fact, it would astonish us and injure us, proceed to the consideration of Cal- speak on this matter today. We have and we will wonder what happened. endar No. 506, H.R. 2884, which extends the time to do that. If we can work And nothing need have happened. energy conservation programs under something out with the Senator from It was found that our tax arrange- the Energy Policy and Conservation Illinois, there are people waiting to ments for foreign sales corporations Act through fiscal year 2003. I further speak today on this matter. were in violation of WTO rules. Fine. ask consent that a substitute amend- Mr. LOTT. I believe the Senator from We said we will produce a different ment at the desk submitted by Sen- Illinois understands it will be 6 or 6:15 measure that is compliant. The Amer- ators MURKOWSKI and BINGAMAN be or thereabouts before he would be able ican industry is very happy. We have agreed to, the bill be read a third time to resume making his statement. So the bill. All we need to do is pass it. and passed, as amended, the motion to that would give us a couple hours that The deadline was October 1. It has been reconsider be laid upon the table, and we could use before that time, and then extended to November 1. If we do not that any statements relating to the additional time after that, if it is nec- do this, we will be remembered as a bill be printed in the RECORD. essary. So hopefully we can get started Congress that did not, and not favor- The PRESIDING OFFICER. Is there right away. ably, sir. objection? Mr. REID. I say to the leader, I thank you for bringing it up. I re- Mr. REID. I object. through the Chair, the Senator from Il- gret there are reservations, but they The PRESIDING OFFICER. Objec- linois has been most gracious today. I have nothing to do, that I know of, tion is heard. know he believes very passionately and with the essence of this measure. Mr. MURKOWSKI addressed the strongly about the issue he has been Mr. REID. I would say to my friend, Chair. debating. But he has been very cooper- I think the statement that the Senator Mr. LOTT. Mr. President, I would be ative, generous in allowing us to inter- has made should be within earshot of glad to yield the floor to Senator MUR- rupt as long as he did not lose the everyone. If there is a problem—and KOWSKI. floor. I extend my appreciation to the somewhat technical in the minds of The PRESIDING OFFICER. The Sen- Senator from Illinois for allowing us to some—they should come forward. ator from Alaska. do that.

VerDate 02-OCT-2000 01:18 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.091 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9825 Mr. FITZGERALD. I just reserve the this country; and issues that the ad- United States that we had run out of right to object. ministration has mandated pass the gasoline? The concept was simple. At My understanding is that I will have Congress of the United States, specifi- that time, most of us believed America the floor again at about 6:15. cally, this body because these issues should not be held hostage again to Mr. LOTT. Or thereabouts. It could deal with the domestic oil supply and Mideast oil cartels and that this would be earlier or 5 minutes later, but fully conservation and the Strategic Petro- act as our protection against cutting it is our intent to have the Senator leum Reserve and the International off our supplies. Unfortunately, we find from Illinois resume his statement at Energy Program, or IEP, as the agree- ourselves in a situation today where that time or at about that time. ment stands. our domestic policies have led us to Mr. FITZGERALD. I thank the lead- Certain authorities for the Strategic being held hostage by another tyrant. er for his accommodation. Petroleum Reserve, or SPR, and U.S. That tyrant in the Mideast is one Sad- Mr. MURKOWSKI addressed the participation in the International En- dam Hussein. Chair. ergy Program expired in March of this Clearly, we are becoming more and The PRESIDING OFFICER. The Sen- year. The legislation before us would more dependent on Saddam Hussein. ator from Alaska. extend these authorizations through Currently, 750,000 barrels a day of Sad- Mr. LOTT. Was there objection? September 30, 2003. dam Hussein’s oil come to the United I believe the request was agreed to. I think it is rather ironic that we are States. It is even more significant that The PRESIDING OFFICER. Is there out of compliance in the sense of hav- Saddam Hussein has taken a pivotal objection? ing both these significant issues expire role in the oil issue worldwide, because Without objection, it is so ordered. at a time when we have an energy cri- the difference between production ca- Mr. LOTT. I yield the floor. sis and we have not acted upon them. pacity and consumption is a little over Mr. MURKOWSKI. I ask unanimous I would like to point out several facts 1 million barrels a day. In other words, consent, if I may, to proceed off the about the legislation before us and the we are producing a little over 1 million leader’s time on the CR that is before need for that legislation. barrels more than we can consume, but the body. We have seen a lot of publicity given that is the maximum production. Out Mr. REID. Reserving the right to ob- to the Strategic Petroleum Reserve of that, Saddam Hussein is contrib- ject, Mr. President, I say to my friend, and the emphasis put on the signifi- uting almost 3 million barrels a day. we have a number of Senators who cance of that as kind of a savings ac- So you can see the leverage that Sad- have been waiting for a long time. Will count for oil in case we have an inter- dam Hussein has. He has already the Senator give us some idea as to ruption from our supply from overseas, threatened to cut production. He went how long he will be? a supply which currently is about 58 to the U.N., when they asked for spe- Mr. MURKOWSKI. I will be very percent of our total consumption. cific programs for repayment of dam- short. I imagine I will be 10, 12 min- Title I of EPCA provided for the cre- ages associated with his invasion of utes. ation of SPR, the Strategic Petroleum Kuwait. He said: If you make me do Mr. REID. Mr. President, I ask unan- Reserve, and set forth the method and this now, what I am going to do is sim- imous consent that following the state- circumstances for its drawdown and ply put off any further plans to in- ment of the Senator from Alaska the distribution in the event of a severe en- crease production, and I very well may Senator from Illinois be given 10 min- ergy supply interruption or to fulfill reduce production. utes off the time that has been re- U.S. obligations under the IEP agree- You can see the leverage he has if he served for Senator BYRD. ment. reduces production. What is the world The PRESIDING OFFICER. Without The SPR currently contains approxi- going to do? The price is going to go objection, it is so ordered. mately 570 million barrels of oil and up, and they are going to pay the price. f has a total capacity of about 700 mil- So what we have seen today is the re- lion barrels, with a daily drawdown ca- ality that the world is consuming just ENERGY POLICY AND pacity of about 4.1 million barrels per slightly less oil than we are producing. CONSERVATION ACT day. At its peak, the SPR contained 592 Because of this, we have not been able Mr. MURKOWSKI. Mr. President, my million barrels of oil. Currently, the to build up our supply of inventory understanding is that the leader re- SPR contains about 570 million barrels against any unexpected supply inter- quested unanimous consent to bring up of oil, so there has been a drawdown. ruption, which very well could occur. the Energy Policy and Conservation We have seen the action by the Presi- The Mideast is still an area of crisis Act, referred to as EPCA, and there dent in transferring 30 million barrels and controversy. was objection raised. I wonder if out of the SPR to be turned into heat- Here we are, as we approach the the—— ing oil. It is rather interesting to note fourth quarter of the year, and we have The PRESIDING OFFICER. The Sen- that the formula doesn’t necessarily the difference between supply and de- ator is correct. relate to 30 million barrels of heating mand, the knowledge that it is going to Mr. MURKOWSKI. Mr. President, I oil. We will actually get somewhere be- tighten even further, and this leads, as would hope that my colleagues who tween 4 and 5 million barrels of heating I have indicated, to a volatile world- have raised an objection to the Senate oil out of 30 million barrels of crude wide oil market. taking up this legislation would recon- oil, about a 2- to 3-day supply. It is troubling in the United States sider. This is a very important piece of As a consequence of the President’s because we have allowed ourselves to legislation. It is the reauthorization of action, there is a legitimate question become 58-percent dependent on im- the Energy Policy and Conservation of whether the President had the au- ported oil, and this has grown dramati- Act. thority to transfer that oil out of the cally in the past few years. What dis- Senator BINGAMAN, who is the rank- SPR since the authorization for the turbs me most is the fact that we have ing member of the Energy and Natural Strategic Petroleum Reserve expired become even more dependent on Iraq. Resources Committee, and myself, as March 30 of this year. In any event, As a consequence, it is fair to recognize chairman, have worked closely to come there is absolutely no reason why it that with Saddam Hussein now calling together with this compromise legisla- shouldn’t be authorized, regardless of the shots in the world energy markets tion. We have worked with the admin- individual attitudes on the appro- and the United States allowing him to istration. priateness of drawing the SPR down. do so, we have basically put in danger It is my understanding that the ad- It was created in response to the dif- the security of Israel. ministration supports this legislation, ficulties faced in 1973, when we experi- Make no mistake about it. Every and for good reason: Because the En- enced the Arab oil embargo. Many of us speech he concludes, he concludes with: ergy Policy and Conservation Act, ini- remember that time. We were out- Death to Israel. It is kind of ironic. tially passed in 1975, deals with issues raged. We had gasoline lines around the Maybe I am oversimplifying our for- at hand, issues that are affecting the block and the public was indignant. eign policy, but it seems as though we energy supply in this country, issues They blamed everybody—the Govern- buy his oil, put it in our airplanes and that are affecting the price of energy in ment. How could it happen in the go over and bomb him. We have had

VerDate 02-OCT-2000 01:18 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.093 pfrm02 PsN: S04PT1 S9826 CONGRESSIONAL RECORD — SENATE October 4, 2000 flown over 200,000 sorties since the Per- strengthens the defense aspects of SPR thority over hydro projects less than 5 sian Gulf war, where we go over and en- by requiring the Secretary of Defense megawatts. force what amounts to an air blockade. to affirm that a drawdown would not This will expedite the process and As a consequence, we are in a situation have a negative impact on national se- cost of getting this clean source of en- where we are supplying the cash-flow curity. That was an important provi- ergy in wider use in Alaska. for his Republican Guard as well as the sion Senator BINGAMAN and I nego- The Senate has already passed this development of his missile and delivery tiated. provision. capability and his biological capa- We also have stripper well relief, the The justification is that there is no bility. This is a mistake. small stripper wells that we are so de- way a small community, a small vil- Because of this, it is imperative that pendent on that were threatened the lage, can put in a small hydrobelt we continue to place the focus of the last time we had a price downturn. The wheel on a stream that has no anad- Strategic Petroleum Reserve on a de- amendment retains the provision con- romous fish and generate power to re- fensive weapon against severe supply tained in the House bill that would place dependence on high-cost diesel, much of which is flown in, and still interruptions and that we do not use it give the Secretary of Energy discretion meet the requirement of the FERC, as an offensive weapon to manipulate to purchase oil from marginal—that is which licenses these small operations. market forces. We have debated that 15 barrels of production daily or less— And, as a consequence, we have not issue on the floor before. I think this wells when the market price drops been able to utilize them in many of bill achieves a balance. below $15. Otherwise, these wells will the areas to replace the high cost of What we have in this bill is very im- be lost. The cost of production to get diesel. portant because many Members are them back up is such that they would We have royalty-in-kind. from the Northeast, and this bill covers never go on line again. This would give This provision allows the Secretary heating oil reserves. The legislation some certainty to these producers that of the Interior more administrative contains language authorizing the Sec- we really value, the strippers, as the flexibility to increase revenues from retary of Energy to create a home true strategic petroleum reserve, and the government’s oil and gas royalty- heating oil reserve in the Northeast. an operational one, in this country. in-kind program. Several points about this: First, I This provision would hopefully offset Under current law, the government have personal concerns about the es- the loss of some 600,000 b/d of lost pro- has the option of taking its royalty tablishment of such a reserve. A re- duction that occurred because of the share either as a portion of production, serve could actually act as a disincen- dramatic price decrease in 1999. usually one-eighth or one-sixth, or its tive to marketers to keep adequate This amendment also allows the Sec- equivalent in cash. supplies of oil on hand for fear that the retary to fill the SPR with oil bought Recent experience with MMS’s roy- price could drop out of their market at at below average prices. alty-in-kind pilot program has shown any time. That is a possibility, with We have weatherization. It strength- that the government can increase the the Government going into competi- ens the DOE Weatherization program value of its royalty oil and gas by con- tion. by expanding the eligibility for the solidation and bulk sales. A government-operated reserve of 2 program and increases the per-dwelling Under royalty-in-kind, the govern- million barrels could actually tie up assistance level. ment controls and markets its oil with- storage capacity that private market- The Summer Fill and Fuel Program out relying on its lessees to act as its ers would fill and deplete usually four authorizes a summer fill and fuel budg- agent. This eliminates a number of or five times a season. The reserve eting program. issues that have resulted in litigation could create an unworkable, rather The program will be a state-led edu- in recent years and allows the govern- elaborate regulatory program used to cation and outreach effort to encour- ment to focus more directly on adding implement it. age consumers to take actions to avoid value to its oil and gas. Second, I was most concerned about seasonal price increases and minimize Finally, the FERC relicensing study the trigger mechanism included in the heating fuel shortages—such as filling requires FERC to immediately under- House language that seemingly gave tanks in the summer. take a review of policies, procedures, the Secretary total discretionary au- The Federal Lands Survey directs the and regulations for the licensing of hy- thority to release oil from the reserve. Secretary of Interior, in conjunction droelectric projects to determine how to reduce the cost and time of obtain- I believe we have addressed the major- with the Secretaries of Agriculture and ity of the problems associated with the ing a license. Energy, to undertake a national inven- I remind colleagues that this is a bi- creation of such a reserve by clarifying tory of the onshore oil and gas reserves partisan piece of legislation that has the trigger mechanism. in this country and the impediments to been developed between Senator BINGA- The mechanism we have in this bill developing these resources. MAN and myself on the Energy Com- allows the Secretary to make a rec- This will enable us to get a better mittee. It has been cleared, as I under- ommendation for release if there is a handle on our domestic resources and stand it, by our side unanimously. It is severe supply interruption. This is the reasons why they are not being de- my understanding that there still re- deemed to occur if, one, the price dif- veloped. mains objection on the other side, al- ferential between crude oil, as reflected The DOE Arctic Energy Office estab- though we have had assurances that we in an industry daily publication such lishes within the Department of En- are willing to work and try to address as Platt’s Oilgram Price Report or Oil ergy an Office of Arctic Energy. the concerns of those on the other side Daily, and No. 2 heating oil, as re- Most of the energy in North America who have chosen to place a hold on this ported in the Energy Information Ad- is coming from above the Arctic Circle. legislation. ministration’s retail price data for the The office will promote research, de- In view of the heightened emotions Northeast, increases by more than 60 velopment, and deployment of energy associated with our energy crisis in percent over its 5-year rolling average; technologies in the Arctic. this country, this is very responsible and second, the price differential con- This provision is critical as the Arc- legislation that is needed and is sup- tinues to increase during the most re- tic areas of this country have provided ported by the administration. It is cent week for which price information for as much as 20% of our domestic pe- timely, and it is certainly overdue in is available. We have this mechanism troleum resources—have more than 36 view of the fact that we are down to in this legislation, and it has been TCF of proven reserves of gas, and an the last few days of this session. I hope agreed to by virtually every Member of abundance of coal, as we look at future we can come to grips with meeting the this body. energy needs of this country. obligation we have to pass the Energy As to EPCA reauthorization, the bill It might surprise members to know Policy and Conservation Act out of extends the general authority for that the Department of Energy em- this body. EPCA through September 30, 2003. ploys no personnel in Alaska! I yield the floor. On the Strategic Petroleum Reserve, There is a 5 megawatt exemption Mr. REID. Before the Senator from the authorities for SPR are extended that allows the State of Alaska to as- Alaska leaves the floor, I of course rec- through September 30, 2003. It sume the licensing and regulatory au- ognize the expert on our side of the

VerDate 02-OCT-2000 01:18 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.096 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9827 aisle dealing with this legislation is time is under our control. We can allo- ham Lincoln, the State capital where the Senator from California, Mrs. cate it any way we desire. he made some of his most famous BOXER. I want to say this because I am f speeches and pronouncements, and his the one who objected to this. Following old law office where he once practiced MAKING CONTINUING APPROPRIA- what the Senator from Alaska has law, the only home he ever owned TIONS FOR THE FISCAL YEAR said—and I have the greatest respect across the street from my senatorial 2001 for him, and we work together on many office, just a few blocks away the Lin- issues—it seems to me we can resolve The PRESIDING OFFICER. The coln tomb, and only a few miles away this very quickly. There is a com- clerk will state the joint resolution by Lincoln’s boyhood home in New panion bill, H.R. 2884, which already title. Salem—of all of these different Lincoln passed the House. We can bring it up The assistant legislative clerk read sites in that area, for some reason this here as it passed the House. It would go as follows: great President was never given a cen- through very quickly. We believe that A joint resolution (H.J. Res. 110) making ter, a library in one place where we would take care of the immediate prob- further continuing appropriations for the fis- could really tell the story of Abraham lems facing us—the home heating oil cal year 2001, and for other purposes. Lincoln’s life to the millions of people reserves and the Strategic Petroleum There being no objection, the Senate across the world who are fascinated by Reserve. proceeded to consider the joint resolu- this wonderful man. The problem we have, and the reason tion. We had at one point over 400,000 tour- for the objection, is that to H.R. 2884 The PRESIDING OFFICER. The Sen- ists a year coming to the Lincoln my friend from Alaska added some ator from Illinois is recognized. home. I know they are from all over very—from our perspective—very con- Mr. DURBIN. Mr. President, it is my the world because I see them every day troversial oil royalties, among other understanding that pursuant to the re- when I am at home in Springfield. things. So we believe if the home heat- quest of the minority whip, I will be I thought: we need to have a center, ing oil reserve is as important as we recognized for 10 minutes. one place that really tells the Lincoln think it is—and we believe it is ex- The PRESIDING OFFICER. The Sen- story and draws together all of the tremely important—and if the Stra- ator is correct. threads of his life and all of the evi- tegic Petroleum Reserve is as impor- Mr. DURBIN. Mr. President, 31 years dence of his life so everyone can come tant as we think it is, we should go ago, when I graduated from law school to appreciate him. with the House bill. We can do that in here in Washington, DC, my wife and I In 1991, that idea was just the idea of a matter of 5 minutes. picked up our little girl, took all of our a Congressman, and I tried my best to Mr. President, I ask unanimous con- earthly possessions, and moved to the convince a lot of people back in Illinois sent that under the time reserved to State capital of Springfield, IL. It was of the wisdom of this notion. I worked the minority on the continuing resolu- our first time to visit that town. We on it here in Washington over the tion, Senator DURBIN, who has been went there and made a home and had years. Once in Congress, people came waiting patiently all afternoon, be rec- two children born to us there and along and said: Maybe it is a good idea. ognized for 10 minutes, Senator BOXER raised our family. There should be a Lincoln Presidential be recognized for 30 minutes, Senator So for 31 years Springfield, IL, has center. We really ought to focus the GRAHAM for 30 minutes, Senator HAR- been our home. It has been a good national attention on this possibility. KIN for 15 minutes, Senator FEINGOLD home for us. We made a conscious deci- We passed several appropriations for 10 minutes, and Senator WELLSTONE sion several times in our lives to stay bills in the House. Some of them didn’t for 5 minutes. in Springfield. It was the type of home go very far in the Senate. But the in- Mr. MURKOWSKI. Senator BINGAMAN we wanted to make for our children, terest was piquing. All of a sudden, and I have worked in a bipartisan man- and our kids turned out pretty well. We more and more people started dis- ner on this legislation. I am sure Sen- think it was the right decision. Spring- cussing this option and possibility. ator BINGAMAN would want to express field has been kind to me. It gave me a I recall that in the last year of the his views. I encourage him to avail chance, in 1982, and elected me to the Governorship of Jim Edgar in his last himself of that opportunity. It is my House of Representatives, and then it State of the State Address he raised understanding that the administration was kind enough to be part of the elec- this as a project that he would like to supports the triggering mechanism in torate in Illinois that allowed me to put on the table for his last year as our bill as opposed to the one in the serve here in the Senate. Governor. He told me later that he was House bill specifically, and, as a con- I have come to know and love the amazed at the reaction. People from all sequence, we have worked toward an city of Springfield, particularly its over Illinois were excited about this effort to try to reach an accord. Lincoln history. I was honored as a opportunity. He weighed in and said We are certainly under the impres- Democrat to be elected to a congres- the State will be part of this process. sion on this side that we worked this sional seat of which part was once rep- His successor, Gov. George Ryan, and out satisfactorily to the administra- resented in the U.S. House of Rep- his wife Laura Ryan, also said they tion. But objections may be raised. resentatives by Abraham Lincoln. Of wanted to be part of it. The mayor of Senators are entitled to make objec- course, he was not a Democrat. He was Springfield, Karen Hasara, asked that tions, but I hope they are directed at a Whig turned Republican—first as a the State accept from the city of issues that clearly address environ- Whig as a Congressman and then Re- Springfield a parcel of real estate so mental improvements. publican as President. But we still take they could build the center. I have nothing more to say other great pride in Lincoln, whether we are All of a sudden, there came together than this legislation is needed. We have Democrats or Republicans. at the local and State level this new a crisis in energy, and we had best get When I was elected to the Senate, momentum and interest in the idea of on with it. Otherwise, I think the prob- their came a time when someone asked a Lincoln Presidential library and a lem is going to suffer the exposures, me to debate my opponent. They said Lincoln center. I was energized by particularly since we won’t have au- it was the anniversary of the Douglas- that. thorization. Lincoln debate of 1858 which drew the Then, of course, the Illinois Congres- I thank the Senator. attention of the people across the sional Delegation weighed in in support I see the Senator from California, United States. Douglas won the senato- of it, and we have tried now to make a who may be able to shed some light on rial contest that year. Two years later, contribution from the Federal level to- this. Lincoln was elected President. ward this national project, which The PRESIDING OFFICER. Is there It seems that every step in my polit- brings together local, State, and Fed- objection to the time agreement as ical career has been in the shadow of eral sources in the name of Abraham proposed by the Senator from Nevada? this great Abraham Lincoln. Lincoln. Without objection, it is so ordered. In about 1991, I reflected on the fact This Interior appropriations bill, of Mr. REID. Mr. President, I don’t that in Springfield, IL—despite all of course, includes $10 million of a $50 think we need unanimous consent. The the things that are dedicated to Abra- million authorization for that purpose.

VerDate 02-OCT-2000 01:18 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.099 pfrm02 PsN: S04PT1 S9828 CONGRESSIONAL RECORD — SENATE October 4, 2000 I think that is a good investment and a to implement these rules and regula- ‘‘bid opening’’ meetings. All interested con- very worthy project for which I fought tions? How will this law apply? But I structors are informed at that time of the for 10 years. agree with him that whatever process bid amounts. There is no provision that al- lows CDB not to award to the low bidder. I am happy to have joined with my we use—whether it is Federal, State, or I hope that this clarifies some of the issues colleague, Senator FITZGERALD, who of- some other means—that it should be that have been raised. Please do not hesitate fered a bill which authorized this cen- one where competitive bidding is the to call on me if I may be of further assist- ter. He offered this bill as a free- absolute bottom line so that it is open ance. standing piece of legislation. I coau- and honest. Sincerely, thored it with him. He added an That is why I asked of the Capital KIM ROBINSON, amendment relative to the bidding Development Board in Springfield, Executive Director. process, and that amendment was which I believe will be the agency su- Mr. DURBIN. Mr. President, this let- adopted in committee. It was agreed to pervising this bidding, for a letter that ter was sent to me by the executive di- on the floor. It is my understanding expressly states that this process will rector of the Illinois Capital Develop- that it is now going to be sent over to be done by open competition and open ment Board, Kim Robinson. I don’t the House for conference. I was happy bidding. I received that letter yester- know Kim Robinson personally. But to stand with him in that effort. day. she writes to me in this letter of Octo- But I think I would like to reflect for I ask unanimous consent that it be ber 3 that there are certain exceptions a moment on this project and to say a printed in the RECORD. to competitive bidding under the Illi- few words about the debate that has There being no objection, the letter nois State law. She lists all six of gone on today on the floor of the Sen- was ordered to be printed in the them, and then concludes: ate. RECORD, as follows: None of these exceptions have ever or will apply to the library project, as they do not The debate seems to focus on several STATE OF ILLINOIS, apply to the overwhelming majority of different aspects of this Lincoln center. CAPITAL DEVELOPMENT BOARD, CDB’s projects. I cannot tell that it is in the best loca- Springfield, IL, October 3, 2000. tion in the city of Springfield. I didn’t Hon. RICHARD J. DURBIN, By that statement it is clear to me choose that location. I believed it Russell Senate Office Building, that there is going to be open competi- wasn’t my place to get involved. The Washington, DC. tive bidding on this project. DEAR SENATOR DURBIN: This letter is an ad- The point that was raised by Senator minute this Lincoln center was sug- ditional attempt to allay concerns that have FITZGERALD earlier in the debate about gested, people from all over Springfield been raised about our state’s commitment to qualified bidders is a valid one. Who who owned real estate came flocking to competitive bidding and the efficacy of our will be bidding on this project? I do not my door and reminded me of what good state purchasing laws. Let me assure you know. Frankly, no one has come for- that all construction contracts for this li- friends they were and asked me to pick ward to me and suggested that they their location for the Lincoln center. I brary and museum are being and will con- tinue to be competitively bid pursuant to want to be bidding on this project. It said I wasn’t going to do it. It wouldn’t do them any good anyway. I shouldn’t be a political decision. It state law that is at least as stringent, if not more so, than federal bidding requirements. am not going to make that decision. I should be a decision made in the best Competitive bidding has long been the re- haven’t involved myself in the location interests of the hundreds of thousands quirement for State of Illinois construction or design. I leave that to others. of people who will come and visit this contracts and was most recently reaffirmed But I hope when this happens and location. with the passage of the stricter Illinois Pro- bidders are solicited that it is an en- The location which they have chosen curement Code of 1998. Only six exemptions tirely open process as well. I will guar- to that provision, which are defined by rule is in a good spot when you consider the antee that there will be more attention restoration of the old railroad station and must be approved by the Executive Di- rector, exist: paid to this bid for this project in from which Abraham Lincoln left for (1) emergency repairs when there exists a Springfield, IL, than probably anything his Presidency, and the old State cap- threat to public health or safety, or where in its history. ital which was important in his life and immediate action is needed to repair or pre- I credit Senator FITZGERALD for to this new center. They create a cam- vent damage to State property; bringing that attention forward. But pus that I think will be visited and en- (2) construction projects of less than let us proceed with the premise that it joyed by a lot of people. $30,000 total; is going to be a transparent process. (3) limited projects, such as asbestos re- There was also a question about the And let us make certain that as it pro- design of the center. I am no architect moval, for which CDB may contract with Correctional Industries; gresses we will have at least an oppor- or planner. I really defer to others. I (4) the Art-in-Architecture program which tunity to assess it every single step of know what I would like. I would like to follows a separate procurement process; the way. put in my two cents worth. But I am (5) construction management services I also add that during the course of not going to act as an architect, a which are competitively procured under a his statement today my colleague has planner, or an engineer. That is really separate law; and, raised questions about previous bidding a decision to be made by others. It (6) sole source items. processes by Governors in the State of should not be a political decision. None of these exceptions have ever or will apply to the library project, as they do not Illinois. I think what Senator FITZGERALD apply to the overwhelming majority of The PRESIDING OFFICER. The Sen- said during the course of this debate is CDB’s projects. ator’s 10 minutes has expired. that the bidding process for this center With regard to the federal practice of Mr. DURBIN. I ask unanimous con- should not be political either. I agree ‘‘weighting’’ construction bid criteria, there sent for 5 additional minutes. with him completely. I think he is on is no similar provision in state law, because The PRESIDING OFFICER. Without the right track. there is only one criteria allowed—our bids objection, it is so ordered. As he and I have said in various must be awarded to the lowest responsible Mr. DURBIN. Mr. President, ques- ways, a center that honors ‘‘Honest bidder—period. While it appears to me that tions have been raised by Senator FITZ- the federal government has taken the ap- Abe’’ should be built in an honest fash- GERALD about the bidding processes proach that it will determine the responsive- ion. That is what we are going to try to ness of the individual bidders after bids are under Governors in the State of Illi- do in Springfield, IL. Senator FITZ- received, Illinois law actually requires that nois. For the record, there has not been GERALD and I have been in agreement process to occur before bidding takes place. a Democratic Governor in the State of to this point. I believe, though, that we Construction companies are required to be- Illinois for 24 years. So if he is sug- may have some difference of opinion in come prequalified with CDB before they can gesting that there have been irregular- how we are going to progress from bid on construction projects. It is during the ities under Governors, it is likely that here. prequalification process that we determine a they have not been of my political I, frankly, believe that trying to cre- company’s bonding capacity and assess their party. I can tell you without exception work history and level of experience through ate a new bidding process for this cen- reference checks—in short, their ability to that I have never involved myself in ter involving Federal rules may be dif- perform construction work. any bidding process in Springfield by ficult and may be impossible. What All bids for a construction project are the State government. I have consid- agency is going to do it? Who is going opened during publicly held and advertised ered my responsibilities to be here in

VerDate 02-OCT-2000 02:27 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.102 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9829 Washington and not in the State cap- closely monitor the bidding process, do Mr. DURBIN. I thank Senator FITZ- ital. Frankly, the people who bid on everything in our power to help make GERALD. contracts and whether they are suc- this center a reality, and at the end of In closing, you know your senatorial cessful is another part of the world in the day I hope we will be alive and be lineage is traced to Steven Douglas, which I have not engaged myself. I am there at the opening of this great cen- and I checked the history of the Sen- not standing here in defense of any of ter. ate. I am afraid he is on our side of the these bidding processes, or making ex- I was honored a few months ago by aisle, and he traced himself to my seat. cuses for any of these processes. If our Democratic leader, TOM DASCHLE, You have some distinguished senato- there was any wrongdoing, then let to secure a spot as a member of the rial colleagues who proceeded you, and those in appropriate positions inves- Abraham Lincoln Bicentennial Com- I am certain you are very proud of tigate that and come to conclusions. mission. I can think of few higher hon- them as well. Whether there was any reason for any ors than to work and celebrate the life The PRESIDING OFFICER (Mr. kind of prosecution or investigation, and accomplishments of one of the VOINOVICH). The Senator from Cali- that is not in my province nor my re- world’s greatest leaders. The actual bi- fornia. sponsibility. centennial will not be fully celebrated Mrs. BOXER. It is my understanding I hope at the end of this debate we until 2009. This legislation is a great I now have 30 minutes. The PRESIDING OFFICER. The Sen- can remove any cloud on this project. first step in a celebration of the life ator is correct. This project should go forward. The Il- and accomplishments of a great Presi- linois congressional delegation sup- dent. ROYALTY PAYMENTS ports this project. Let us demand it be Mr. FITZGERALD. Will the Senator Mrs. BOXER. I am pleased to come to open and honest, and then let us sup- yield? the floor today to try to shed a little port it enthusiastically. Frankly, I Mr. DURBIN. I am happy to yield to light, if not a little heat, on an issue think we all have an obligation to tax- the Senator. that was raised by the Senator from payers—Federal, State, and local Mr. FITZGERALD. I compliment my Alaska, Mr. MURKOWSKI, when he asked unanimous consent that we take up alike—to meet that goal. colleague, my friend from Illinois. Ex- I close with one comment because I tending my time line further, I started H.R. 2884, but substitute his amend- want to be completely open and honest in 1998. There are a lot of articles going ment to that bill, and pass it. The on the record. My colleague, Senator back to the early 1980s when Senator unanimous consent request was made by the majority leader on behalf of FITZGERALD, during the course of the DURBIN—then Congressman DURBIN— debate has mentioned the Cellini fam- was working hard to get this project Senator MURKOWSKI. He came to the ily of Springfield. The Cellini family is off the ground. I compliment him for floor with a very eloquent discussion of well known. My wife and I have known his hard work over a number of years why he believed it was important. I am one of the Senators—there is Bill and Julie Cellini for over 30 years. on behalf of this project. more than one—who objects to this We are on opposite sides of the polit- I appreciate his love for Springfield. bill. I think it is very important to Senator DURBIN has talked many times ical fence. He is a loyal Republican; I state clearly on the record why. First, at our weekly Thursday morning am a loyal Democrat. Seldom have we H.R. 2884 as it came over from the breakfast about his love for Spring- ever come together, except to stand on House does exactly the right thing. It field. I know that he and his wife Lo- the sidelines while our kids played soc- reauthorizes the Strategic Petroleum retta have lived in Springfield for cer together or joined in community Reserve, and it sets up a home heating many years. I am hopeful that we can projects. They are friends of ours. I oil reserve. That is very important for work together and build a wonderful have taken the floor of the Senate to the people of this country, particularly Abraham Lincoln Library that will note that Julie Cellini is an author in the people in the Northeast. We could our town who has done some wonderful truly be a credit not just to Springfield pass that in 1 minute flat by unani- profiles of people who live in Spring- but to the whole State of Illinois and mous consent request. No one has any field. the entire country. problem. I make it part of this record today, I also thank Senator DURBIN for his What is the problem, my friends? when I came up with the original con- support and the amendment he offered Senator MURKOWSKI has essentially cept of this Lincoln center, there were in the Senate requiring the Federal added to that bill a whole new body of three people who came forward and competitive bid rules. Senator DURBIN law concerning royalty payments by said they were excited about it and has been very supportive and the whole the oil companies, which they owe the wanted to work with me on it. This Illinois delegation supports the taxpayers of the United States of goes back 10 years now. They included project. There has simply been a dif- America. It deals with the ability of Susan Mogerman, who works with the ference of opinion as to which bidding the oil companies to pay, not in cash— Illinois State Historical Library, as rules should be attached. which is essentially the way they pay well as Nikki Stratton, a woman in- I did want to point out that the State now—but in kind. It would encourage, volved in Springfield tourism, and code does contemplate, where Federal by many of the provisions in it, the Julie Cellini. These three women have strings are attached, Federal appro- payment of these royalty payments in worked tirelessly for 10 years on this priations, that State agencies receiving kind. In other words, Uncle Sam would project. I never once believed that any Federal aid, grant funds, or loans, shall become the proud owner of natural gas, of them would be involved in this be- have the authority to adapt their pro- Uncle Sam would become the proud cause they thought there was money at cedures, rules, projects, drawings, owner of oil. And, by the way, Uncle the end of the rainbow. I think they maps, surveys, and so forth, to comply Sam would then have to in some cases genuinely believe in this idea and they with the regulation, policy, and proce- market that product. believe it is good for Springfield and dures of the designated authority of I don’t think we are good at becom- good for the State of Illinois. the U.S. Government in order to re- ing a new Price Club. I really don’t. My I can’t speak to any other dealings main eligible for such Federal aid friend from Alaska says: But the Gov- by that family or any other family, but funds. ernment wants to do it, they want to I can say every contact I have had with I think that provision would be help- do it. They came to us; they asked us; those three women and their families ful in the case of this grant or any they want to do it. Show me one bu- about this project has been entirely other grant where the Federal Govern- reaucrat in Government who doesn’t honorable, entirely above board, and in ment seeks to ensure the proper ac- want more power, more authority, the best interests of civic involvement countability of the Federal funds. more jobs, and I will show you a rare for an extremely important project, I compliment my colleague and bureaucrat. not only to our city of Springfield but thank him for his working and allow- The royalty payments that come into to the State of Illinois and to the Na- ing me to make my views known. I this Federal Government go to the tion. look forward to continuing to work Land and Water Conservation Fund. I hope when this is all said and done, with the Senator this year and in fol- Let me be clear what a royalty pay- this delegation can come together, lowing years. ment is. When you find oil on Federal

VerDate 02-OCT-2000 02:27 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.103 pfrm02 PsN: S04PT1 S9830 CONGRESSIONAL RECORD — SENATE October 4, 2000 land offshore and onshore, you must Of course I am exaggerating; it will So then you say to my friend, Sen- pay a percentage of that to the tax- not be exactly that. What we will do is ator MURKOWSKI, let’s at least put in payers. It is like rent. You are using market the product and sell it and this legislation a statement that says: the taxpayers’ land, the offshore areas, probably pay the oil companies to do Under no circumstances should we get and you have to pay a certain amount all that marketing for us so they will less than we would get if it was pay- of rent based on the value of the oil or get back plenty of money. We will wind ment in cash because, again, this gas you recover. up paying them to market their prod- money goes to the Land and Water This is an area that has been fraught uct. This is a very confusing matter. Conservation Fund, which is our con- with complication and difficulty. I So what happens? Without one hear- servation fund. We buy lands with it. frankly have found myself on the side ing in the Energy Committee, we have We fix up parks with it. And the State of the consumers who have said they before us a substitute bill that I have share—because States get a share of have been shortchanged by the oil com- objected to and others have objected to the royalty payment—that goes to the panies. I believe that those of us who that would essentially say, regardless California classrooms. fought for 3 long years for a fair roy- of all the work, Senator BOXER, that Are they going to send oil to the alty payment did the right thing. Why you and many of your colleagues went California classrooms? Are they going do I say that? Because under the old through to get a fair royalty payment, to send natural gas? system there have been lawsuits and we are going to come around in the So we said: Look, we have to work almost in every case—I do not even backdoor when nobody is looking and out these problems with the States. In know of any case where we did not pre- we are going to put in a new way to fig- any case, we can’t have less of a pay- vail on behalf of the taxpayers. ure out how to pay royalties. We are ment than we would have if you paid in I hear today that the Federal Gov- going to expand this payment-in-kind cash. So we said: Will you put that in ernment has collected, because there program even before we have held one the language? ‘‘Under no case will we have been some recent settlements, al- hearing on whether it even works. The get less than we would get if we got most a half a billion dollars of payment pilot programs are going to be com- payment in cash.’’ from the oil companies. Do you know pleted very soon, in about 3 or 4 Oh, no, they use the word ‘‘benefits,’’ why? Because they have been cheating months, at least one of them. Another not revenues. The benefits have to be the taxpayers out of the royalty pay- one will be done next year. What is the equal or greater. ments that they were supposed to rush to pass a 5-year authorization on I said: Wait a minute. What does that make based on the fair market value. royalty payments in kind? What is the mean? One of the ways they have cheated the rush? Is that the way to govern? Is that Well, the Secretary will decide if taxpayers is to undervalue the oil. If the way to legislate? there is a benefit. you are in beginners math, you know a No other industry in America gets Let me tell you I have seen Secre- percentage of a smaller number will this chance. I say, if you read the sub- taries of the Interior come and go. I yield yet a smaller number. So they did stitute offered by my good friend, Sen- saw one who said: Don’t worry about not do the proper math. They didn’t ator MURKOWSKI, you are going to find the ozone layer leaving us. Don’t worry show what the oil was worth. They un- a few things in there that are going to about a hole in the ozone layer; just dervalued the oil and then they took a raise your eyebrows. wear a hat and put on sunscreen. Don’t In the very first draft, they set up an- percentage of the undervalued oil and worry about cancer. That was one Sec- other definition of ‘‘fair market gave it to the taxpayers and we were retary of the Interior. value.’’ I protested. They dropped it. shorted a half billion dollars—maybe So in this 5-year authorization that Now it just says the royalty in kind more. That is just the recent settle- never had a hearing, before the pilot has to be paid in a fair market value, ment. programs are through, we are leaving but it doesn’t define it. It doesn’t do So after 3 years of fighting—and, be- all this up to the Secretary of the Inte- what the rule does for the in-cash pay- lieve me, I had to stand on my feet and rior, whoever he or she may be. ments. So now you have two con- fight long and hard, and so did a lot of We have seen Secretaries of the Inte- flicting ways, one way that is clearly my colleagues, and I thank them—we rior who fought on behalf of the envi- defined if you pay in cash and one way were able to make sure that a fair way ronment. We have seen Secretaries of that is open to interpretation, fair of determining the fair market value of the Interior who fought on behalf of big market value—whatever that means— that oil was put in place. oil. I am not here to give authority to for the payment in kind. In the middle of all this comes the the Secretary of the Interior to decide Do you know what I see? Again, you payment-in-kind program. In other when it is in the benefit of the United don’t have to be an expert in econom- States to take less than what you words, instead of paying cash, we say ics. I was an economics major, but that would get if you received a payment in to the oil and gas companies we are was so many years ago I don’t pretend cash. going to try an experiment. We are to be an expert. But if I say to you, I understand from Senator MUR- going to try a pilot program. We are ‘‘fair market value,’’ you are going to KOWSKI’s staff that he feels strongly going to allow you to pay your royal- say, ‘‘I think that is a willing buyer about this and he is not going to back ties in kind. That is like if you owed and a willing seller.’’ the Government your income taxes and If I ask Sarah here, who has worked off. He is going to file a cloture motion said: Uncle Sam, I’m short. Will you so hard on this, she is going to say: I and all the rest of it. That is fine. We take the payment in, say, my mother’s think that is a little risky because the will stay here past the election because antique chest? That’s worth about seller might be a subsidiary of the I am going to stand on my feet because $1,000 and that’s what I owe. buyer. That is not arm’s length. It has I don’t think the taxpayers ought to be By the way, we do this with no other to be an arm’s length agreement. ripped off again. They have been ripped commodity. We have checked the Somebody else might say: Forget off for years. We finally resolved the records. We say to them something we that. Let’s just go to the published situation, and we are now back to say to no one else who owes the Fed- newspaper in terms of what the oil is square one. eral Government: You can pay your selling for on that date. Again, I reiterate, the underlying bill dues, your royalty payments, in kind. Frankly, that is the one I like. That that came over from the House is a I have a lot of problems with that. A is the one we use in the definition when beautiful bill. lot of my colleagues think it is just you pay royalty in cash. It deals with two things which we great. But, again, it is my experience The first problem is you are setting need to do: We need to fill up the Stra- that we do not do too well in the busi- up a whole conflict here. I will tell you, tegic Petroleum Reserve and reauthor- ness world in government. We are bet- those guys with those sharp pencils ize it, and we need a home heating oil ter off doing our work here, getting who are in the oil company, they are reserve. I will say we are told by the that straight. Now we are going to ex- going to go for payment in kind be- administration that they actually can pand. It is going to be Uncle Sam’s Oil cause there is not any real definition. act on this without this legislation, Company; Uncle Sam’s Gas Company: They are going to give us less oil and but it certainly would be better to have Drive in and fill her up. less value than we would get. it.

VerDate 02-OCT-2000 02:27 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.106 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9831 I say to my friend, Senator MUR- of in the Interior bill. We gave them a gress, and it seems to be working. We KOWSKI—and I will not do it now in def- narrow bill. We did not mess with the hope it will. erence to the fact he is not here—I definition of how you are supposed to They supported alternatives to oil would like to move the underlying H.R. pay, what you are supposed to pay. We and gas, such as ethanol, a renewable 2884 as it came over here and pass it 5 did what the Interior Department resource made from feedstock such as minutes a side. We can do it if we did wanted. corn, and increasing ethanol use would not add all this royalty in-kind section If this is going to a cloture vote, I help reduce dependence on foreign oil. to it. tell my friends, so be it. I have other It would help our farmers by boosting The last point I wish to make on this friends on this side of the aisle who corn prices, and since ethanol can be subject is, in the Interior bill that is agree very strongly, and we are going made from waste, such as rice straw, now before the Senate, we have already to stand on our feet and it is not going waste straw, trimmings and trash, the taken care of this problem. The Min- to be pleasant, it is not going to be greater use of ethanol can turn an en- erals Management Service came to us happy, but we are going to have to do vironmental problem into an environ- and said: We need a little help with the it, and let us shine the light of truth on mental benefit. In other words, it pilot program because we really want the whole oil royalty question. would take trash and turn it into en- to make sure we are giving payment in They are going to get up and say: Oh, ergy. That is a plus. kind every chance. The Minerals Man- it’s the mom and pop little guys. Fine, The other half of the administra- agement Service wants to go into the let’s do this for the mom and pop little tion’s energy policy is to improve en- oil business. That is great. They want guys. I will talk to you about that. But ergy efficiency. I think it is very im- to be the Price Club of the United do not give the biggest companies— portant to look at the record here. States of America. So they want help. these are multinational corporations Having told you that if we go to the OK. making excess profits—another break, Arctic National Wildlife Refuge, we We took care of them in this Interior and suddenly Uncle Sam goes into the will only get 6-month’s worth of oil, bill. We gave them what they wanted. oil business and the gas business. what is the answer? Let’s see what the We allowed them to calculate this roy- This whole issue of an energy policy facts show. alty in a way that they can subtract is important. It came up in the de- The administration supported a tax the cost of transportation, even sub- bates, and what we heard from the two credit to promote alternative sources tract the cost of marketing oil. The oil candidates was very different. George of energy—solar, biomass, wind, and companies get a good deal. Senator W. Bush had one energy policy and one other sources. The Republican Con- MURKOWSKI wants a 5-year authoriza- energy policy alone, and that is more gress said no. tion without one hearing. He wanted to development at home. By the way, we The administration recommended pass it by unanimous consent, no have had a lot more oil development tax credits for electric fuel cell and amendments, nothing. here—and I am going to put that infor- qualified hybrid vehicles. It was a 5- I may sound upset, and it is true, I mation in the RECORD—since Clinton- year package of tax credits. The Re- am upset because I think the con- Gore came in. But they want to go to publican Congress said no. The administration advocated a tax sumers get a raw deal. Every time we a wildlife refuge and drill in a wildlife credit for efficient homes and build- have a little problem with an energy refuge. supply, what do we hear around this The No. 1 goal of environmentalists ings. The Republican Congress said no. The administration recommended place? Drill in ANWR; let the oil com- in this country is to protect that wild- tax incentives for domestic oil and gas panies pay lower royalties, and mean- life refuge. They want to drill in it, and industries. The Republican Congress while the oil companies are earning the you say: Senator BOXER, how much oil said no. biggest profits they have ever earned, is in there? The estimate is about 6 The administration requested $1.7 causing Senator PAT LEAHY of months of oil. Period. End of quote. billion for Federal research and devel- Vermont to come down here and pro- Forever. Some say if you got every opment efforts to promote energy effi- pose a windfall profits tax on the oil drop out of it, it could go for 2 years, ciency in buildings, industry, and companies. But it is not good enough but that is the outside; most people transportation, and expanded use of re- for them to earn $1 billion and $2 bil- think it is 6 months. newable energy and distributed power To me that is a contradiction in lion in a quarter—in a quarter—to have generation systems. And the Repub- terms. We have to figure out a better 100-percent profits and 200-percent prof- lican Congress partially funded that way. I will give you a better way. We its and 300-percent profits. They have program. to pay us less in royalties. If you knew can save a million barrels of oil a day— The administration requested $1.5 what this amount was—it is so minus- a million barrels of oil a day—if we just billion for investments in energy R&D cule compared to their profits—it say the SUVs should get the same for oil, gas, coal, efficiency, renew- would shock you. mileage as a car. A million barrels of ables, and nuclear energy. What was It is not minuscule to the child who oil a day, and yet when that comes up, the answer of the Republican Congress? sits in a California classroom. It is not people duck for cover around here. No. And they introduced legislation to How have the President and the Vice minuscule to the Land and Water Con- abolish the Department of Energy. President tried to have an energy pol- servation Fund or the Historic Preser- That is a great answer. vation Fund, but yet here we are when icy? First of all, since they came in, oil George Bush is saying we have no en- we should be doing energy conserva- and gas production on onshore Federal ergy policy, and most of his party said: tion, when we should be having a long- lands has increased 60 percent, and off- Do away with the Department of En- term energy plan, the first thing we do, shore oil production is up 65 percent ergy. That was at a time when oil because the Senator from Alaska at- since they came in, while they are pro- prices were low. They said: We don’t taches it to an important bill, is give a tecting the most vulnerable offshore need it. That is some policy. break to the oil companies again with tracts, off California, off Florida, and It goes on. these royalties in kind. other pristine places. We have seen a The administration requested $851 Boy, I tell you. Maybe the Senator huge increase there. million for energy conservation for the from Florida will be interested to know They worked to bring an additional Department of Energy. The request this. There is not any other business in 3.5 million more barrels per day into was cut by $35 million. America that pays in kind. It would be the world oil market. They have taken They requested money to continue interesting if you had to pay your IRS measures to swap 30 million barrels of the Partnership for a New Generation bill and you said: I have a few extra oil from the Strategic Petroleum Re- of Vehicles. That was cut in half by the things around the house I am going to serve, and this will help the Northeast Republican Congress. send in. not have a repeat of last year’s home They requested $225 million for build- It is hard to believe we would have an heating oil shortage. We know it was ing technology assistance funding. authorization to really expand the pay- Vice President GORE who pushed for That was cut. ment-in-kind program without one this, frankly, along with a couple of They asked for $85 million to create a hearing. I am stunned. It is taken care Republicans and Democrats in the Con- new Clean Air Partnership Fund to

VerDate 02-OCT-2000 02:27 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.116 pfrm02 PsN: S04PT1 S9832 CONGRESSIONAL RECORD — SENATE October 4, 2000 help States and localities reduce pollu- Our refrigerators do a little bit bet- Let me speak for a minute about the tion and become more energy efficient. ter on energy use, our dishwashers, and particular bill and the royalty-in-kind The Republican Congress said no. our cars. I say to my own kids, who are issue. It goes on. at that age when they love those cars— As I understand it, the action which The administration recommended I have a prejudice against those big started this discussion was an effort to studying increases in the fuel economy SUVs because it is hard for me to climb move to H.R. 2884. This is the House of automobiles. We know that 50 per- into them. The bottom line is, they are version of EPCA. EPCA stands for En- cent of the cause of our energy depend- very nice, but we can do better for our ergy Policy and Conservation Act. ence is automobiles. What did this Re- Nation and not be dependent on OPEC. That is an important piece of legisla- publican Congress do? It prohibited the Fifty percent of our problem has to tion. It reauthorizes the Strategic Pe- administration from even studying the do with transportation. So we do not troleum Reserve. It sets up a heating increases in fuel economy standards in have to say: Oh, my gosh, we have a oil reserve in the Northeast, about a rider to the appropriations bill. problem. Drill in a wildlife preserve. which many feel very strongly. It does So now we have the Republican Oh, my gosh, we have a problem. De- a variety of things. It gives the Depart- standard bearer standing up in a debate stroy the coast of California; ruin the ment of Energy authority to pay saying: Where is your energy policy? tourism industry; ruin the fishing in- above-market prices for production There were 20 initiatives. I have only dustry; risk oil spills. We do not have from stripper wells in order to fill the mentioned part of those. And they said to go there. Strategic Petroleum Reserve when the no to the vast majority of them, and We were sent here to find better ways price of oil falls below $15 a barrel. It they said, OK, we will give you a little of solving problems. Having an energy does other things on the weatheriza- bit for a few. policy is important, but it takes two to tion grant program. It has some useful It seems, to me, disingenuous—and tango. The Congress cannot do without provisions and contains a variety of that is the nicest way I can say it—to the President, and the President can- other things. be critical of Vice President GORE, say- not do without the Congress. The It also contains a provision that the ing he has no energy policy, when President proposes and Congress dis- Senator from Alaska has strongly sup- every single proposal, except maybe a poses. Unfortunately, they disposed of ported, and is intent upon keeping in couple, was turned down with a venge- almost every single idea this adminis- the bill, on the subject of royalty in ance. tration had. We are suffering the con- kind. Then, when we have a problem, our sequences. So the issue is brought up Let me explain my thoughts on that. friends on the other side come down at a Presidential debate, when people The Congress—for several Congresses and say: You see the other side, they are pointing at each other, and we now—has spent a lot of time arguing care about the environment too much. right here had a chance to do much about, How do you determine what the They will not drill in a wildlife refuge. better. royalty ought to be when the Federal I say, thank you for mentioning that The PRESIDING OFFICER. The Sen- Government allows for production of because if there is anything I want to ator’s 30 minutes have expired. oil and gas on Federal lands? What accomplish here in the short time that Mrs. BOXER. I thank the Presiding amount of money is owed to the Fed- any of us has in the scheme of things, Officer. This was a chance for me to ex- eral Government? it is to protect this magnificent area. plain my vociferous opposition to the We all know it is 12.5 percent; it is I wish we could join hands across substitute offered by Senator MUR- one-eighth. But how much is that in party lines on energy. I say to the Pre- KOWSKI and to talk about an energy dollars? There is a lot of litigation on siding Officer, we have worked together policy. I appreciate your patience, Mr. that subject. There has been, for a sub- in the Committee on Public Works. We President, and I yield the floor. stantial period of time, a lot of debate have worked, for example, on ways to The PRESIDING OFFICER. The Sen- on the subject. replace MTBE in a good way. We have ator from New Mexico. The Federal agencies which manage worked on ways to make sure that we Mr. BINGAMAN. Mr. President, I ask our Federal oil and gas resources indi- do not rob the States of their transit unanimous consent that I be allowed to cate that in certain circumstances funds. I think we can do this. I do not take 6 minutes of the leader’s time to they believe the United States has the think it is fair, however, for the can- speak as in morning business on the opportunity to realize more money by didate of the Republican Party to ac- continuing resolution. actually taking its one-eighth in roy- cuse the Vice President, who has pro- The PRESIDING OFFICER. Without alty in kind; that is, actually taking posed numerous ways, both on the pro- objection, it is so ordered. that royalty in the form of oil or gas duction side and on the demand side, to Mr. BINGAMAN. Mr. President, I instead of receiving it in cash. resolve the problem, and say, there is want to briefly describe my own The thought is that there is more of no energy policy, when time after time thoughts on this royalty-in-kind issue. a benefit to the Government in some after time it has been thwarted in this First, let me say, the Senator from circumstances. Existing law authorized very body and in the House. California, and, before her, the Senator the Department of Interior to do that I remember when I first went into from Alaska, talked about a great very thing. But under this authority, politics—a very long time ago—we had many issues related to our energy situ- the Mineral Management Service, an energy crisis. At that time, we real- ation. I do not have the time and I MMS, which is part of the Department ized our automobiles were simply gas have not come to the floor prepared to of Interior, has conducted several very guzzlers. I remember. They used to get address all of those. I generally agree promising pilot programs on this sub- 10 miles to the gallon, 12 miles to the with the Senator from California that ject of royalty in kind. Two of the lat- gallon. I am definitely showing my age we need a balanced energy policy. We est of these involve Federal onshore when I admit that. I remember that. need to not only do things to increase oil, conducted in cooperation with the And now we are doing better, but we supply, but we also need to reduce de- State of Wyoming and offshore gas in can do better still. mand in this country. We have fallen the Gulf of Mexico. Those are two ex- I say to you that rather than go into short in that regard. amples. a pristine and beautiful wildlife ref- I have proposed legislation, which Early indications from both of these uge—which we really owe to our chil- the administration strongly supports, are that these pilot programs will re- dren and our grandchildren and their much of which the Senator from Cali- sult in greater revenue for the United kids; we owe them the preservation of fornia referred to, that I believe would States and for the taxpayer than would that area—rather than do that, we help us to reduce demand and also help have been received had the oil and gas could take a few steps here that can us to increase production. I am sorry been taken in value, had the Govern- really make us so much more energy that we have not been able, as a Con- ment been paid dollars instead. efficient, that we will be proud to say gress, and as a Senate, to bring that up As an example, the thought of the to our children and our grandchildren for consideration this year. I hope we Senator from California, as I under- that we took a few steps. We did not in- still can before we adjourn, but the stood it, was that there is something convenience anybody. days are growing short. unfair to the Government by having

VerDate 02-OCT-2000 02:27 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.118 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9833 the Government take its oil or its gas tion gives the agency enough time to were met with a counter offer. Don’t in kind. An analogy which we might actually enter into contracts it would just buy New Orleans; buy the entire think about is if the Government were need to seriously test the workability Louisiana territory. owed one beer out of a six-pack, would of this program. President Jefferson seized this oppor- it make more sense for the Govern- I wanted to clarify my own views at tunity and fundamentally transformed ment to take that beer or would it be least as to what this provision would the United States of America. No better for the Government to go do. The Energy Policy and Conserva- longer were we an Atlantic nation. We through a lengthy process of trying to tion Act is important legislation. I were a continental nation. No longer establish the value of that one beer hope we can resolve this dispute and were we a nation in which Americans once it considered the cost of trans- get the legislation up for consideration were quickly using up their original porting the six-pack and the cost of in this Congress. land; we were a nation that had an storing it and all the other things. And I do support the royalty-in-kind pro- enormous new area to develop. in some circumstances, as I understand vision the Senator from Alaska and I America suddenly had also been it, the Department of Interior, through have cosponsored. It will be beneficial saved from the prospect of North this Minerals Management Service, has to the Government—not to the oil in- America becoming a battleground for determined that it is in their interest dustry but to the Government. It would European rivalries because, with Lou- to go ahead and take the royalty in be a win/win situation, and I do not see isiana in hand, the United States would kind instead of trying to calculate and it as in any way breaking faith with be the dominant force in North Amer- argue about the price of it. the American taxpayer. ica and would not have to contend with Based on these programs that have It would be good public policy for us the prospect of the English, the been in place, MMS, the Minerals Man- to go ahead with this. I hope we can do French, the Spanish, and other Euro- agement Service, has determined that so before the Congress adjourns. peans attempting to settle their long it could conduct a more efficient pro- I yield the floor. animosities on our territory. gram, one that would be more likely to The PRESIDING OFFICER. The Sen- That was a truly bold idea, an idea result in increased revenues, if it were ator from Florida. that led us into the 19th century and able to pay for contracts for trans- Mr. GRAHAM. Mr. President, I be- has forever transformed our Nation. porting and processing and selling the lieve by previous order, I have 30 min- We began the 20th century with an- oil and gas it takes from Federal utes? other similarly bold leader, Theodore leases. Existing authorities allow the The PRESIDING OFFICER. The Sen- Roosevelt, whose bust is just outside MMS to enter into contracts for these ator is correct. the main entrance to the Senate Cham- services but do not provide a way for Mr. GRAHAM. Mr. President, I am ber. them to pay except under general agen- here today in support of my colleague Theodore Roosevelt had an idea that cy appropriations. from Louisiana and to express my dis- America should become a place which The amendment the Senator from may at the content of the Interior ap- respected its natural heritage. So in Alaska has offered and I have cospon- propriations conference report which his almost 8 years as President, he sored grants to the Department of Inte- we are considering. Senator LANDRIEU added to the national inventory of pub- rior authority to use the money it knows better than each of us the lic lands an area that is the size of all makes when it sells oil and gas it takes amount of work, dedication, and focus the States which touch the Atlantic in kind to pay for the expenses in- it took to produce the widely and wild- Ocean from Maine to Florida—an enor- curred in preparing it for sale, includ- ly supported legislation, the Conserva- mous contribution to our patrimony ing its transportation, processing, ag- tion and Reinvestment Act, or CARA, which, again, has served to transform gregating, storing, and marketing. which has passed the House, passed the both our idea of America and our ac- There is a 5-year sunset on this. Senate Energy and Natural Resources cess to America. The amendment adds to existing law Committee, and now awaits Senate We had an opportunity to start the some very substantial protections for floor action. 21st century with an idea which, if not the Government and for the taxpayer. We have a unique opportunity before of the scale of either the Louisiana It requires the Department to stop us in this session of the Congress: the Purchase or Theodore Roosevelt’s com- taking royalties in kind if the Sec- ability to enact conservation legisla- mitments to public lands, would have retary of Interior determines that it is tion that will have a positive impact been a statement that our generation not beneficial to the United States to not just for ourselves but for our chil- still recognized its obligation to pre- take royalty in that form. dren and grandchildren, long after we pare for the future, as those two great The PRESIDING OFFICER. The Sen- have left this Chamber. leaders had done. ator’s time has expired. This opportunity is in the historical That was what the Conservation and Mr. BINGAMAN. I ask unanimous mainstream of the United States of Reinvestment Act was about—to take consent for an additional 2 minutes America. We are starting a new cen- a portion of the Anglo revenue, which from the leader’s time. tury, the 21st century. It is the third the United States receives from Outer The PRESIDING OFFICER. Without full new century that has been started Continental Shelf drilling, and invest objection, it is so ordered. since the United States of America be- those funds in a better America for our Mr. BINGAMAN. It also requires that came a sovereign nation. future generations. the Department report extensively to The first of those full centuries was I submit that this opportunity for a Congress on how the program is going. the 19th century. We were led into the bold, grand idea in the tradition of Jef- None of these requirements exist in 19th century by one of our greatest ferson and Roosevelt—an idea that current law. The royalty-in-kind provi- Presidents, whose bust is above the could have come close to being a leg- sion in the Interior appropriations bill Presiding Officer, Thomas Jefferson. acy—is now, in fact, sadly a travesty, a does not have these protections. This Thomas Jefferson had a goal, a goal to mere shadow of what could have been. very bill we are getting ready to vote acquire the city of New Orleans, which I suggest that there is no more inap- on in the next few days, the Interior ironically is the home of Senator propriate time for us to turn timid and appropriations bill, does grant author- LANDRIEU. The purpose was to secure retreat from what could have been. ity to the Department to take the Fed- water transit on the Mississippi for When Theodore Roosevelt became eral Government’s royalty in kind, but American commerce, as it was devel- President of the United States in the it does not have the protections that oping in the Mississippi Valley, the early part of the 20th century, the are in the amendment the Senator Ohio Valley of the Presiding Officer, United States had a population of ap- from Alaska and I are cosponsoring. and later in the Missouri River Valley. proximately 125 million people. By the While 1 year is better than nothing, President Jefferson suddenly had a end of the 20th century, the United which is the Interior appropriations unique opportunity before him. While States has a population of 275 million language—the Department clearly sup- his negotiators were discussing with people. ports that provision in the Interior ap- the French, the then-owners of New Or- The U.S. Bureau of the Census propriations bill—a 5-year authoriza- leans, the purchase of that city, they projects that by the year 2100—100

VerDate 02-OCT-2000 02:27 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.121 pfrm02 PsN: S04PT1 S9834 CONGRESSIONAL RECORD — SENATE October 4, 2000 years from today—the population of the greatest benefit. Part of that plan- blessed to say that since this bill was the United States will be 571 million ning would have been to have set prior- reported by committee, we have had Americans. It is our obligation—as it ities in which people would have had even another ally join in this effort. We was Thomas Jefferson’s and Theodore some confidence. When you say prior- have had the Republican candidate for Roosevelt’s and those who supported ities, by definition, you are telling President of the United States, Gov. their vision of the future—to begin the some people they are at the absolute George W. Bush. Governor Bush, on process of preparing for that next front of the line, other people are a few September 13 of this year, stated that America that is going to arrive in the spaces back, and some are toward the he would commit to spend $5 billion on next 100 years. That next America has end of the line. maintenance of the national parks over to be our grandchildren. They are the But if those who stand in line believe the next 5 years ‘‘to renew these na- people who are going to make up the their turn in fact will come if they are tional treasures and reverse the ne- 571 million Americans in the year 2100. patient and, if they do the planning glect.’’ It is possible that some of the young that is asked of them, they will finally We are rejecting the advice and rec- people who are here with us today may receive their reward through Federal ommendation of the Governor of Texas, live through this full century and expe- participation in funding, I am afraid the Republican nominee for President rience what that new America is going that what we have just done is lost of the United States, with this legisla- to be like. How well we are preparing that opportunity because of what we tion because what it provides for na- for that new America is being tested by have in the conference report of the tional parks maintenance is only $50 what we are doing today. I am sad to Department of the Interior. Under title million for 1 year. Fifty million dollars say that in the retreat from providing VII, the land conservation, preserva- for 1 year is all we are going to be vot- for an ongoing, significant source of tion, and infrastructure improvement ing for if we accept this conference re- funding to provide for the variety of title, which is offered to us as the sub- port—not the $5 billion over 5 years needs of that new America, we are fail- stitute for CARA, we have this lan- that Governor Bush has wisely rec- ing the next America. guage: ommended we invest in the restoration Like the occupant of the chair, I This program is not mandatory and does and revitalization of the great national have served as Governor of a State. I not guarantee annual appropriations. The treasure of our national parks. believe one of the most lamentable as- House and the Senate Committees on Appro- The conference report today takes a pects of this failure is the way in which priations have discretion in the amounts to tremendous step in the opposite direc- we have treated States. States are our be appropriated each year, subject to certain tion in terms of a commitment for the partners in this great Federal system. maximum amounts as described herein. rejuvenation of our national parks. It Probably of all the contributions the So we have no respectful partnership, is wholly inadequate. I rise today to United States has made to the theory and therefore we have no reasonable plead for our national parks. of government, none has been as sig- expectation that the kind of goals that As Senator LOTT said at a press con- nificant as the concept of federalism: were at the heart of the CARA program ference in support of the CARA legisla- That we could have within 1 sovereign will in fact be realized. I suggest that tion earlier this year, even Kermit the nation 50 States that were sovereign our partners in the States who, from Frog supports this bill. To borrow a over areas of their specific responsi- virtually every organization that rep- phrase from America’s favorite frog, bility, and that in many areas those resents State interests, had advocated ‘‘It’s not easy being green.’’ It is also sovereignties would merge in respect- passage of the CARA legislation will no simple matter maintaining the ful partnerships in order to accomplish find this to be a particularly dis- beautiful pinks and rich browns of goals that were important to the citi- appointing and sad day. Utah’s canyons, the bright reds and or- zens of an individual State but also im- In addition to the fact that we are anges of Virginia’s leaves in the fall, portant to all Americans. squandering the opportunity that and, of course, the myriad colors that Many of the programs that were the comes with the enthusiasm of the new comprise America’s Everglades. It is objective of the CARA legislation were century, in addition to the fact that we not easy. But it is critically important. in that category of respectful partner- are failing to meet the challenge for It is our responsibility. ships between the Federal Government the new America, which will occupy The parks tell the story of what and and the State. For those respectful this great Nation in the next hundred who we are and how we came to be. partnerships to be effective, in my years, and in spite of the fact that we They contain the spirit of America. judgment, there are some pre- have acted in an arrogant and dis- Maintaining these national treasures requisites. One of those prerequisites is respectful way to our partners, the takes commitment to conservation and that on both sides of the partnership States, there is yet another tragedy in environmental preservation. That com- there must be sustainability, predict- what is being proposed. That tragedy is mitment takes money—reliable, sus- ability; both partners must bring to our national parks. tainable, predictable money—in order the table the capacity to carry out On July 25, 2000, the Senate Energy to be able to undertake the kinds of their mutually arrived at plans and vi- Committee passed its version of the projects which are necessary to pre- sions. CARA bill, containing what I consider serve our great natural and cultural The CARA legislation, as it was to be one of its most important as- heritage. passed by the House of Representa- pects—the national park protection There are many examples I might use tives—I might say by an overwhelming fund. This fund would provide $100 mil- to demonstrate this necessity for a sus- vote—and voted out of the Senate Com- lion in assured, guaranteed funding for tained, reliable source of money to pro- mittee on Energy and Natural Re- the parks for 15 years, $100 million a tect our heritage. Let me just use one sources, had such a vision because it year, for the purpose of natural, cul- that I have had the occasion to visit would have provided through this tural, and historic resource preserva- twice in the last few months; that is, source of funds of the Outer Conti- tion and restoration. This was a crit- Ellis Island. nental Shelf a guaranteed source of ical section of the bill. It was mirrored Ellis Island, as we all know, is the revenue to meet the Federal side of after a bill which I introduced in April place through which some 15 million that respectful partnership with the of 1999. During our markup in the En- persons seeking the freedom and lib- States in everything from urban parks ergy Committee, I supported this sec- erty and opportunity of the United to historic district redevelopment, to tion. I did believe that it should have States first entered our country. It is a the development of urban forests—a included even more money to ade- site which is seeping with the history whole array of needs which our grow- quately address the needs of our na- of America. It is a site which is com- ing population requires. tional parks. posed of about 40-some buildings, in- With that assured source of financ- I might say in that view that I was cluding the first public health hospital ing, there could have been some other joined by a number of members of the in the history of the United States; it things accomplished. One would have Energy Committee who advocated a is on Ellis Island. been good, intelligent planning as to more significant commitment to the You may have seen some television how to go about using public funds to protection of our national parks. I am programs which were broadcast from

VerDate 02-OCT-2000 02:27 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.123 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9835 Ellis Island that show a series of build- But do we have to depend upon the by the Senate Committee on Energy ings which have been renovated to convergence of a historian and an in- and Natural Resources—and I am proud their 19th century style with brilliance fluential Senator to save our national to say with the support of our Pre- and beauty. Unfortunately, what you heritage? Are we going to say it is im- siding Officer—gave us. It is an oppor- do not see are the other 35 buildings in portant enough that we do this on a tunity we are about to fritter away. back of those that have been rehabili- predictable, sustained, professional The CARA compromise does not tated. When you walk through those basis? We have that opportunity with achieve any of these significant goals. buildings, what you see is some of the the CARA Act. We are about to lose This Senate will diminish itself in history of America crumbling literally that opportunity with this conference terms of its appreciation of our Amer- before your eyes and feet. report. ican experience. We will diminish our- The reason for this crumbling is that Only 62 percent of conditions needed selves in terms of our political will. We there has not been an adequate, reli- to preserve and protect the museum will diminish ourselves as viewed by able source of funds to maintain this collections within our National Park the history of our own grandchildren if and many others of our national herit- System meet professional standards for we are to accept this compromise as age. The superintendent of the park their protection. Considering only the being an adequate statement, the be- told me that if she had a reliable park’s portion of the CARA com- ginning of the 21st century of what we source of funds, she could organize a promise—words which I find objection- think our responsibilities to the future rational plan for the rehabilitation of able—but of only the park’s portion of are. these historic buildings and, at consid- this alleged CARA compromise, we I urge we defeat this conference re- erable savings to the taxpayers, com- have nearly 290 million reasons to op- port, that we defeat this feeble com- mence the process of saving these pose it. Those 290 million reasons are promise, and that we start again by buildings. the 290 million persons who last year bringing to the Senate floor the legis- What we have before us is not a bill visited our Nation’s parks. That num- lation which has passed out of the that gives us the opportunity of salva- ber grows each year as our children and Committee on Energy and Natural Re- tion. Rather, it is a program that vir- our grandchildren take our place sources and give us an opportunity to tually assures the disintegration of among the mountains, the forests, and debate it. Those who have some objec- Ellis Island and other invaluable parts the historic sites which comprise tions should offer amendments. That is of our Nation’s history and culture. America’s National Park System. The the democratic way. I am confident it Today, protection of our natural re- parks are more than just popular des- will pass and that it will be accepted sources and our historic and cultural tinations. They are havens for more by the House of Representatives, and resources has fallen further and further than 120 threatened and endangered signed with enthusiasm by the Presi- behind. species. dent, and then we will be worthy of the Suffering takes many forms. Wildlife The National Park Service also over- offices we hold and worthy of our re- is suffering. In the park I know the sees a trove of historic artifacts that sponsibility to the American past and best, America’s Everglades and the represent the story of human experi- to the American future. great Everglades National Park, the ence in North America, some 75 million The PRESIDING OFFICER. The Sen- number of nesting wading birds has de- items of our history. ator from Minnesota. clined 93 percent since the 1930s. One We owe to future generations, we owe Mr. GRAMS. What business is before study of 14 national parks found that 29 to our children and our grandchildren, the Senate? carnivores and large herbivores had and their grandchildren, the chance to The PRESIDING OFFICER. The disappeared since these parks were es- learn this story. We owe them the same pending resolution, H.J. Res. 110, is tablished and placed under our trustee- opportunity to appreciate the majestic under a time limit. ship and protection. Only half the is- beauty of this land as we ourselves Mr. GRAMS. I ask unanimous con- lands in the Park Service’s historic have been lucky enough to experience. sent I be allowed to speak in morning collections are cataloged. In the words of President Lyndon business for up to 10 minutes. Often it takes an act of individual Johnson: The PRESIDING OFFICER. Without intervention in order to save an impor- If future generations are to remember us objection, it is so ordered. tant national treasure. I have had the with gratitude rather than contempt, we f good fortune to have my daughter must leave them more than the miracles of marry the son of a great American his- technology. We must leave them a glimpse of PRESCRIPTION DRUGS torian, David McCullough. David the world as it was in the beginning, not just Mr. GRAMS. Mr. President, I come to McCullough has sounded the national after we got through with it. the floor this evening to talk about an alarm at the disintegration of much of We are seeing that opportunity to issue which has commanded a lot of at- our historical and cultural treasures. leave to those future generations a tention lately in this body, an issue One of those for which he sounded the glimpse of the world as it was in the which has been a major concern of alarm was the Longfellow house in beginning, we are seeing that oppor- mine for a long time. That is, prescrip- Cambridge, MA. Not only was it the tunity unnecessarily and tragically tion drug coverage under our Medicare home of a great American family, it slipping away. program. happened to be the home where George A steady diet of green will keep our Prescription drugs, as we all know, Washington lived when he was estab- natural treasures healthy well into the are becoming an increasingly impor- lishing the first components of the next century. We have the opportunity tant, in fact, an essential component of American Colonial Army that would to do this. When the legislation estab- our health care delivery system in the eventually be victorious in the Amer- lishing our Outer Continental Shelf United States. Because of their in- ican Revolution—an extremely impor- drilling program and the royalties that creasing role in the improvement of tant site in American history, a site would be derived was established, the health outcomes, I believe a newly de- which, lamentably, was collapsing. theory was we would take the re- signed Medicare would unquestionably David McCullough, a sophisticated sources that we gathered as we de- include a prescription drug benefit. Un- person with considerable ability to en- pleted one natural resource, the petro- fortunately, Medicare is still operating ergize action on behalf of a worthy leum and natural gas under our Outer under a 1965 model. Our seniors con- project, went to one of our colleagues, Continental Shelf, and we would use it tinue to lack this very essential cov- Senator KENNEDY, and brought to Sen- precisely as a means of investment in erage. ator KENNEDY’s attention what was the future of our country by investing Over a year ago I introduced the happening at the Longfellow house in it in the protection of our most valu- Medical Ensuring Prescription Drugs his State of Massachusetts. Senator able natural historic and cultural re- for Seniors Act, or MEDS, and this role KENNEDY came to the Congress not too sources. would provide a prescription drug ben- many years ago and got specific fund- That is the opportunity that the leg- efit for all Medicare-eligible bene- ing for the Longfellow house. Now it is islation which was introduced, passed ficiaries, and on a volunteer basis. My on the road back to recovery. overwhelmingly in the House, passed plan would ensure that our neediest

VerDate 02-OCT-2000 02:27 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.125 pfrm02 PsN: S04PT1 S9836 CONGRESSIONAL RECORD — SENATE October 4, 2000 seniors would get the assistance they premium, you have to pay a 50-percent lunch, a free ride. Nobody believes that need, when they need it, for as long as copay on all the drugs you consume, can happen. Especially our seniors they need it. And MEDS, as most other and I believe there is also a cap with know that there is no free lunch. Add- plans that have been introduced in the it—it means that for the additional ing new demands on Medicare through Senate, is a comprehensive, Medicare- $600 premium, again a new tax on our the Social Security surplus without re- based approach and will take a few seniors, the average senior would re- forming the program, again, will only years to fully implement. ceive at best $37.50 in benefits. put Medicare further at risk than what Though I fully support MEDS and Considering the enormous financial it is today. will fight for its passage, I believe our burden this is going to place on an al- Finally, their proposal provides no seniors need some relief now. To that ready ailing Medicare system, I am not flexibility in terms of being able to opt end, I am supporting Senator ROTH’s sure the American people are going to in or opt out of their program. Again, bill, which would send Federal funds want to assume what will inevitably be our proposal is voluntary. If it benefits back to the States today in order to es- a new tax liability and at the same you, you can get into it. If it doesn’t tablish or improve our prescription time risk the collapse of Medicare in benefit you, don’t; keep your own cov- drug coverage immediately for our sen- order to prop up a plan that delivers erage as you have it today. But you iors and those seniors who need that only pennies a year in prescription have a choice. help and coverage now. drug benefits. Again, these big government pro- I want to be clear, the only way that Because it is a bit politically dis- grams, the first thing they want to Congress will be able to address the tasteful, supporters of this plan and eliminate is choice for the consumer, prescription drug needs of our seniors similar measures fail to mention the and in this case for our seniors. You this year is to pass the Roth proposal. cost of these proposals. They make it only have one shot under the Vice We need to do it. Unfortunately, our sound as if this is going to provide President’s plan to get in and that is friends on the other side of the aisle Medicare prescription drug coverage to it. Seniors, as they age into Medicare, disagree with that view. They would all seniors at no cost. That is the way need to make a determination whether rather work to push a massive Medi- they always like to present a lot of they want to get in and save a few dol- care-based plan which only seems to in- these plans, that somehow it is free. I lars a year at best, into a system that crease the burden on the majority of don’t know of many seniors out there is going to cost them at least $600 a seniors through increased premiums, who believe they are going to get some- year in more taxes. If they take it and reduced benefits, and more bureauc- thing for nothing. When was the last change their mind, it is simply too racy; in other words, create a bigger time they had a free lunch? They know late; they are stuck. They are either in and bigger government bureaucracy to that. Our seniors are smarter than or they are out. handle this. that, but yet they are being told these I am happy and proud to have been I believe it is a backdoor tax increase are things we can provide free. one of the first to introduce a prescrip- on our seniors, which is both irrespon- The bill supported by the Vice Presi- tion drug plan in the Senate, and I am sible, and it would be totally unaccept- dent and a number of my colleagues hopeful that by having done so, my able, especially to those who really will cost nearly $250 billion over the commitment to this issue and our Na- need the help in the coverage to afford next 10 years. Aside from having to tion’s seniors is underscored. But, most prescriptions. raid either the Social Security or importantly, I want to ensure that any The Democratic proposal, which Vice Medicare trust funds to pay for it—and effort we undertake in Congress will President AL GORE and others advo- that is how they pay for it. They are actually help to provide assistance to cate, is frought with a lot of problems. going to take money from an ailing those who truly need it and provide it First, his plan would take 8 years to be trust fund and try to shift it into ex- sooner rather than later; not with a fully implemented—8 years. The Roth panding new benefits and saying no- plan where we are going to try to solve bill would go into effect today. The body has to pay for it but they are ba- the problems for 6 or 10 percent of the Vice President’s plan would take 8 sically robbing from Peter to pay Paul population, but the way they try to years to phase in. and weakening an already weak sys- solve it is to mandate 100 percent of You don’t hear that when they talk tem. Americans get involved in their big about it, do you? But we all know that An equally troubling fact is that it new bureaucracy for prescription our seniors cannot afford to wait 8 does nothing to modernize the Medi- drugs. Importantly, too, my plan does years, especially the neediest of our care program at all. It is basically just not use the Social Security surplus seniors’ population, to start realizing a putting a Band-Aid over an old system which I have also secured in a lockbox. prescription drug benefit under our that has problems; again, trying to I reiterate, I believe our seniors de- Medicare program. bring in a 1965 model and adapt it to serve a prescription drug plan that is This is a part of the plan that often the year 2000. When the Medicare Com- truly voluntary, one that will not jeop- goes unmentioned and one that needs mission actually made these proposals, ardize the future of Medicare, and one to be highlighted. Either have a plan President Clinton pulled the plug. He which will not place on the backs of now that is immediate and provides did not even consider what this panel taxpayers any additional burdens or li- help to our seniors today, or pass a was recommending. But thanks to Sen- abilities. Instead, I am hopeful the plan that costs more, reduces benefits, ators FRIST and BREAUX, they are in- Senate can pass legislation imme- and asks our seniors to wait 8 years to troducing this plan which makes sense, diately returning the money to the have it fully implemented under Medi- and that is to overhaul, to reform States to provide relief while strength- care. Medicare, and to make sure prescrip- ening Medicare and implementing the The second problem with the pro- tion drugs are an important part of long-term comprehensive benefit that posal is that when it is fully phased in, that. But the Roth bill would be that does not result in a new tax on our sen- it will put a new tax on our seniors be- stopgap in order to provide coverage iors. We have an historic opportunity cause it asks for premiums of $600 a today for our seniors until we can have to help our Nation’s seniors. I believe year in new additional premiums over a real Medicare reform package. we should act now, this year. and above what they are paying. Above In the absence of these important re- Mr. President, I yield the floor. and beyond the fact that many seniors forms, this plan offered by the Vice Mr. GRAHAM. Mr. President, will would find that $600 to be cost prohibi- President is nothing more than a pre- the Senator yield for a question? tive, statistics suggest that the aver- scription for disaster. The funding Mr. GRAMS. Yes. age senior uses only about $675 in pre- comes out of the Social Security sur- Mr. GRAHAM. I say to my colleague, scription drugs in a year. I am not a plus, which, by the way, the Vice Presi- I am concerned that several of your mathematician by profession, but I can dent claims to wall off for only Social criticisms sound to me as if they are tell you when the proposal only covers Security and only Medicare, but while really criticisms against Medicare, as 50 percent of the costs of the prescrip- they are doing that they are trying to opposed to the idea of prescription tion drugs to begin with—so, in other expand these services and say it is drugs being offered through Medicare. words, after paying your $600-a-year going to cost nothing. It is a free For instance, did you just say that you

VerDate 02-OCT-2000 02:27 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.128 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9837 felt it was inappropriate that there be for Medicare are eligible to make the would still have a $25 copay, the $150 a premium charged for the prescription voluntary election to participate in the deductible, and then no cap at all on medication benefit? prescription drug benefit? coverage. If you were at that income Mr. GRAMS. To answer the Senator Mr. GRAMS. So you are saying the level, you would probably pay, at most, from Florida, I am not opposed to a President’s plan, when fully phased in, $175 per month for the whole year or surcharge or a prescription charge but will be only $25 per month or are you $175 per month per year. a charge that is going to assume a new talking about the initial plan with the Mr. GRAHAM. So you pay $175 a $600-per-year additional tax or cost on coverage available with the caps and month, is your premium. our seniors while providing very little coverage? Mr. GRAMS. If you are going to have in benefit that would overcome that Mr. GRAHAM. I am talking about the $25 copay and $125 a month deduct- cost. the plan that will be in effect in the ible. Mr. GRAHAM. So you are opposed to year 2002 when we adopt this plan. It Mr. GRAHAM. If I had been there the principle of a shared cost program will be a voluntary plan. It will be a last night—and I know the rules of the between beneficiaries and the Federal plan which will be affordable. It will first debate precluded having a chart— Government in delivering Medicare; is not only give you the benefit of access I would have loved to have had a chart that correct? to 50-percent coverage of your imme- and asked Governor Bush to fill in the Mr. GRAMS. That is not true. The diate prescription medication cost, but blanks. Since we do not have Governor Senator from Florida is inaccurate be- it will also give you, after you pay Bush here but you are advocating the cause in my own plan, my MEDS pro- $4,000, a stop loss, a catastrophic inter- first phase of his plan, let me ask you gram is a copay and also has cept which says, beyond that point, the about a few of the blanks on his chart. deductibles built in depending on wages Federal Government will pay all of What would be your coverage for per- or income. It is worked through Medi- your prescription drug bills. sons over 175 percent of poverty? What care and through the HCFA program. That is, in my opinion, the most im- percentage of their prescription drug So, no, I do not oppose a shared re- portant part of this plan because the costs would you cover? sponsibility or liability but one that is fear of many seniors, and the thing Mr. GRAMS. I am not here to try to a benefit to seniors, and not one that they see as the potential threat to not defend or put words in—— drains their pocketbooks for little or only their health but their economic Mr. GRAHAM. I am trying to get the no benefit. security, is that they are going to fall facts. Mr. GRAHAM. No. 1, you understand, into a serious illness where suddenly Mr. GRAMS. I am trying to defend of course, that Part B of Medicare re- their prescription drug costs are not the plan I have offered, and that is my quires, first, a voluntary election to $20 or $30 a month but are $800 or $1,000 MEDS program. participate and then, second, a month- a month. Mr. GRAHAM. Let me ask about ly premium which today is approxi- The Vice President’s plan assures your plan. For persons over 175 percent mately $45? that after you have paid $4,000, then of poverty, what percentage of the pre- Mr. GRAMS. Correct. you will have a stop loss against any scription drug expenses would you have Mr. GRAHAM. You also understand further payments. Don’t you think the plan cover as opposed to that for the Vice President’s plan would require that is a pretty significant security for which the individual would be respon- a second voluntary election to partici- America’s seniors? sible? pate in prescription drugs, and the Mr. GRAMS. I disagree with the Vice Mr. GRAMS. It would cover 100 per- monthly fee would be $25, or $300 a President—if I may reclaim my time— cent of everything over a $25 copay and year, not $600 a year? Is that correct? and I will tell you why. Because, as you a $150-a-month deductible for those Mr. GRAMS. But his plan is not vol- said, when it goes into effect in 2002, it who are in that income level or above. untary. You can voluntarily get in, but is not fully implemented for 6 to 8 Mr. GRAHAM. So it would be a $150 when you do not get in, you can’t re- years. You might start off with a low monthly deductible and a $25 copay? Mr. GRAMS. Yes—— apply. That is my understanding. payment, but it escalates to $50-a- Mr. GRAHAM. Is that copay per pre- Mr. GRAHAM. No. 2, do you under- month premiums fully implemented, scription filled? stand Part B of Medicare—I am talking and it does provide you have to pay 50 Mr. GRAMS. For the month, yes. about Medicare as it existed for 35 percent, up to $4,000. Mr. GRAHAM. I thought $150 a years—requires the exact same elec- To compare that with my MEDS month was the deductible. There is a tion process as the Vice President’s plan, we have a $25 copay per month, copay beyond that? plan would require for prescription $300 per year. We do not have a cap for Mr. GRAMS. Yes. drugs? He is doing nothing beyond people below 135 percent of poverty. So Mr. GRAHAM. How is that cal- what we have done for 35 years in Part they will get any amount of drugs for culated? B of Medicare; that is, the physicians $300 a year compared to the President’s Mr. GRAMS. Twenty-five dollars of and outpatient services. Do you agree $4,000. For some who are on the edge of the prescription. with that? poverty, they do not have the $4,000, I Mr. GRAHAM. The plan would pay 25 Mr. GRAMS. My understanding is say to the Senator, to pay for this. percent—— that in order to be a part of the Vice Mr. GRAHAM. As you understand, all Mr. GRAMS. That is the deductible. President’s plan of receiving prescrip- of the plans provide for no payment for The individual would pay 25 percent of tion drug coverage, one must pay a $50 persons who are above the Medicaid the cost of the prescription, and then if premium per month, or new tax, in eligibility limit but generally below 175 they were at an income level you are order to be involved in the system. You percent of poverty, which means ap- talking about, it would be a $150 de- have one choice, one chance to get in proximately $14,000 or $15,000. They ductible with no caps or limits for the or you are left out. So you are putting would pay no premium. They would year; not the $4,000 you are talking pressure on seniors at whatever age. pay no copayments. They would have about. Then, when you average in what an av- no deductibles. For those people, the Mr. GRAHAM. What do you estimate erage senior consumes today in pre- Vice President’s plan would be fully to be the cost of that plan that has a scription drugs, it is very little if any available without any charges. $150 deductible and $25 copay? benefit at all. What we are talking about in both Mr. GRAMS. We have tried, but we Mr. GRAHAM. No. 1, it is $25 a month plans is the people who are above 175 have not had it scored yet and have not or $300 a year. No. 2, it is a voluntary percent of poverty. What percentage been able to get the numbers, but some election, exactly the same way that subsidization would you provide for of the projections we have say it will you had a voluntary election for Part B persons over 175 percent of poverty? be under $40 billion a year, not the 258 for 35 years. Mr. GRAMS. Not to belabor this de- or 253 the Vice President is talking No. 3, you understand that the plan bate, and it is good we are talking about. of the Vice President is a universal about it because the American people Mr. GRAHAM. How can you offer a plan like all the rest of Medicare; over need to hear it, but over that amount more generous plan by having the ben- 39 million Americans who are eligible of money you are talking about, we eficiary pay only 25 percent as opposed

VerDate 02-OCT-2000 02:27 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.133 pfrm02 PsN: S04PT1 S9838 CONGRESSIONAL RECORD — SENATE October 4, 2000 to the Vice President’s 50 percent and time for that later. But the fact is, I session—that Bonnie Campbell is not yet have such a lower cost? think the Senator from Florida is cor- being treated fairly, not being ac- Mr. GRAMS. Because what we are rect. What we are seeing here, really, is corded, I think, the courtesy the Sen- trying to do is target those who need a continuation of Newt Gingrich’s phi- ate ought to afford someone who is the help, and that is about 6 or maybe losophy that Medicare should wither well qualified. 10 percent of the population. What the on the vine. We all remember that. All the paperwork is done. All the Vice President is doing and what you That was this ‘‘Contract on America.’’ background checks are done. She is are talking about is bringing 100 per- That was Newt Gingrich’s philosophy. I supported by Senator GRASSLEY, a Re- cent of Americans under a new na- think we see it further taking place publican, and by me, a Democrat from tional program where the Government here today. her home State. That may rarely hap- is going to be the purchaser and the The Senator from Minnesota, I think, pen around here. So Bonnie Campbell is dispenser of these prescriptions. I re- is basically going down that same path not being treated fairly. ject that type of a plan. that Governor Bush is. Basically, what Senator HATCH, the other day, said, Mr. GRAHAM. Mr. President, I will they have envisioned is a prescription well, the President made some recess conclude these questions by going back drug program where, basically, if you appointments in August, and that to my first assertion. We are not talk- are poor, you are on welfare, and you didn’t set too well with some Senators. ing about prescription drugs through get it. If you are rich, you don’t need But what has that got to do with Medicare; we are talking about an as- it, and you pay for your own or you can Bonnie Campbell? Maybe they don’t sault against the basic principles of belong to your own insurance plan and like the way President Clinton combs Medicare itself. That is a universal pay for it, or maybe you have an em- his hair, but that has nothing to do program, not a program limited by ployer-sponsored program. But if you with Bonnie Campbell being a judge on class to only the poor and near poor of are the middle class, and you are in the circuit court. America: That is a voluntary program. that middle group, you are paying the Is Senator HATCH really making the That is a shared cost program between bill for both of them. You are paying argument that because President Clin- the beneficiary and the Federal Gov- for the tax breaks for the wealthy, and ton made some recess appointments ernment. That is a comprehensive pro- you are paying for the welfare benefits that he didn’t like, so that gives him gram that covers all of the necessary for the poor so they can get their pre- an adequate excuse and reason to hold health care for older Americans. And, scription drugs. But you, in the middle up Bonnie Campbell? I find that an in- as I believe the Senator stated in his class, don’t get anything. If you do, in teresting argument and an interesting introductory comments, nobody would fact, get in this program, you will be position to take. develop Medicare today, in 2000, with- paying and paying and paying and pay- I have heard that there was a news out having a prescription drug benefit. ing. report that came out today that some When you attack all those principles The Republicans have never liked of the Senators on the other side had that are the foundation of Medicare, Medicare. They did not like it when it some problems with her views. Now, what you are really doing is attacking came in, and they have never liked it this is sort of general. I don’t know one of the programs which has made since. So they just keep coming up what those problems are. But that is the greatest contribution to lifting 39 with these kinds of programs that why we vote. If some Senator on the million Americans into levels of re- sound nice, but basically it is designed other side does not believe Bonnie spect and security and well-being of to unravel Medicare and let it wither Campbell is qualified or should not be a any program that the Federal Govern- on the vine. Federal judge in a circuit court, bring ment has ever developed. The Amer- Mr. President, I want to take to the her name out, let’s debate it. These are ican people need to hear that this de- floor today again to speak about the debatable positions. Let’s talk about bate is not just about prescription lack of due process in the Senate re- it. And then let’s have the vote. drugs; it is about a frontal assault garding judgeships, and especially the If someone feels they can’t vote for against Medicare. If this philosophy nomination of Bonnie Campbell for a her, that is their right and their obli- prevails, that is where the battle- position on the Eighth Circuit Court of gation. But we did not even have that. ground will be. Appeals. I thank the Chair. Her nomination has now been pend- We do not even have her name on the Mr. GRAMS. Reclaiming my time, ing for 216 days. Yesterday, the Senate floor so we can debate it because the not to leave the impression that by any voted through four judges. Three of Judiciary Committee has bottled it up. means this is an assault on Medicare, them were nominated and acted on in Then I was told her name came in too because the plan I have proposed and July; one was nominated in May. late. It came in just this year. I heard outlined is handled and complemented Bonnie Campbell was nominated in that again. That is also in the news re- through Medicare. I know they like to March. Yet those got through, but they ports today, that somehow this va- always say the Republicans are making are holding up Bonnie Campbell. Why? cancy occurred a year ago, but her an assault against Medicare and some- Maybe it is because she has been the name did not come down until March. how we want to end the program of Director of the Violence Against So I did a little research. providing this help and assistance to Women Office in the Justice Depart- In 1992, when President Bush—that is millions of seniors across the country. ment for the last 5 years; that office the father of Governor Bush—was That is simply not true. which has implemented the Violence President in 1992, and the Senate was This plan does nothing to make an Against Women Act, which, by all ac- in Democratic hands, we had 13, 14 assault on Medicare or the benefits it counts, has done an outstanding job. judges nominated; 9 had hearings; 9 provides today, but it also does not Maybe my colleagues on the other were referred; and 9 were confirmed— turn a prescription drug program into side of the aisle do not want any all in 1992. Every judge who had a hear- a national prescription drug program woman that is qualified to be an ap- ing got referred, got acted on, and got run and handled by the Government, peals court judge. Maybe that is why confirmed. and that is basically my belief of what they are holding it up. Maybe it is be- Now, that was OK in 1992, I guess, is outlined here. cause she has done such a good job of when there was a Republican President We will work to preserve and implementing the Violence Against and a Democratic Senate. But I guess strengthen Medicare, and that includes Women Act. it is not OK when we have a Demo- adding an affordable prescription drug Maybe they are holding her up be- cratic President and a Republican Sen- plan that will take care of the neediest cause they think there are enough ate. of the seniors in our society today. women on the circuit court. Of 148 cir- Here we are. This chart shows this Thank you very much, Mr. President. cuit judges, only 33 are women; 22 per- year, we have had seven nominees, in- I yield the floor. cent. But maybe my colleagues on the cluding Bonnie Campbell. We have had The PRESIDING OFFICER. The Sen- Republican side think that is enough two hearings; we have had one referred; ator from Iowa. women to have on the circuit court. one confirmed—one out of seven. So Mr. HARKIN. I want to get engaged I have said time and time again—and this kind of story I am hearing, that in that discussion. I guess we will have I will say it every day that we are in her nomination came in too late, is

VerDate 02-OCT-2000 02:27 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.136 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9839 just pure malarkey. This is just an- ing hand,’’ and there is a TV ad being The PRESIDING OFFICER. The Sen- other smokescreen. waged across the country to deceive ator’s time has expired. Circuit judges. They say: Well, it’s a and frighten seniors. He talks about Mr. HARKIN. Mr. President, I ask circuit court. There’s an election com- ‘‘Mediscare’’; that was Bush’s comment unanimous consent for at least a cou- ing up. We might win it, so we want to last night. He accused the Vice Presi- ple more minutes to finish up. I didn’t save that position so we can get one of dent of engaging in ‘‘Mediscare,’’ scar- realize I was under a time schedule. our Republican friends in there. ing the elderly. The PRESIDING OFFICER. Without Well, again, in 1992, circuit nominees, If the Bush proposal for prescription objection, it is so ordered. we had nine: six were acted on in July drugs were to ever go into effect, sen- Mr. HARKIN. Bush’s plan would and August, two in September, and one iors ought to be scared because what it leave rural Americans out in the cold. in October. Yet in the year 2000, we had would mean would be the unraveling of Thirty percent of seniors live in areas one acted on this summer, and we are Medicare, letting Medicare wither on with no HMOs. And contrary to what in the closing days of October. No ac- the vine. the Senator from Minnesota said, if I tion. Let’s take a look at the Bush pro- heard him correctly, under the Bush So, again, it is not fair. It is not posal. We know it is a two-stage pro- program, the Government would pay 25 right. It is not becoming of the dignity posal. First, it would be turned over to percent of the premiums and Medicare and the constitutional role of the Sen- the States. It would require all 50 recipients would have to pay 75 per- ate to advise and consent on these States to pass enabling or modifying cent. judges. legislation. Only 16 States have any The Bush program basically is kind Thirty-three women out of 148 circuit kind of drug benefit for seniors. Each of scary. Seniors ought to be afraid of judges; 22 percent—I guess my friends State would have a different approach. it, because if it comes into being, you on the other side think that is fine. I The point is, many State legislatures will need more than your Medicare do not think it is fine. don’t meet but every 2 years. Even if card. You will need your income tax re- Again, everything has been done. All we were to enact the program, there turns to go down and show them how of the paperwork has been in, and here are some State legislatures that much income you have, how many as- she sits. wouldn’t get to it for a couple years. sets you have. If you qualify, you are Our most recent experience with f in; if you don’t, you are out. That something such as this is the CHIP pro- would be the end of Medicare. UNANIMOUS CONSENT REQUEST— gram, the State Children’s Health In- I yield the floor. NOMINATION OF BONNIE CAMP- surance Program, which Congress The PRESIDING OFFICER. The Sen- BELL passed in 1997. It took Governor Bush’s ator from Tennessee. home State of Texas over 2 years to Mr. HARKIN. Mr. President, I will Mr. FRIST. Mr. President, I ask implement the CHIP program. It is not now—and I will every day—ask unani- unanimous consent that I be given mous consent to discharge the Judici- immediate. He calls it ‘‘immediate helping time as needed, yielded off the con- ary Committee on further consider- hand.’’ It won’t be immediate because tinuing resolution. ation of the nomination of Bonnie States will have a hard time imple- The PRESIDING OFFICER. Without Campbell, the nominee for the Eighth menting it. In fact, the National Gov- objection, it is so ordered. Circuit Court, and that her nomination ernors’ Association says they don’t f be considered by the Senate imme- want to do it. This is the National Gov- diately following the conclusion of ac- CHILDREN’S HEALTH ACT OF 2000 ernors’ Association: tion on the pending matter, and that Mr. FRIST. Mr. President, I have If Congress decides to expand prescription come to the floor to discuss and share the debate on the nomination be lim- drug coverage to seniors, it should not shift ited to 2 hours, equally divided, and that responsibility or its costs to the states. with my colleagues very good news, some news that is bipartisan, that re- that a vote on her nomination occur That is exactly what Bush’s 4-year immediately following the use or yield- program does. Beyond that, his plan flects what is the very best of what the ing back of that time. only covers low-income seniors. Many Senate is all about. The PRESIDING OFFICER. Is there of the seniors I have met and talked It has to do with a bill called the objection? with wouldn’t qualify for Bush’s plan. Children’s Health Act of 2000, a bill Mr. FRIST. Mr. President, I object on A recent analysis shows that the that is bipartisan, that reflects the behalf of the leader. Bush plan would only cover 625,000 sen- input of probably 20 to 30 individual The PRESIDING OFFICER. Objec- iors, less than 5 percent of those who Senators on issues that mean a great tion is heard. need help. His plan is not Medicare; it deal to them based on their experience, Mr. HARKIN. I wish I knew why peo- is welfare. What the seniors of this their legislative history, what they ple are objecting. Why are they object- country want is Medicare, not welfare. have done in the past, their personal ing to Bonnie Campbell? Why are they Seniors would likely have to apply to a experiences, and responding to their objecting to a debate on the Senate State welfare office. They would have constituents. This bill passed the Sen- floor? Why are they objecting to bring- to show what their income is. If they ate last week and passed the House of ing her name out so that we can have make over $14,600 a year, they are out. Representatives last week and will be a discussion and a vote on it? They get nothing, zero. sent to the President of the United I want to make clear for the Record, After this 4-year State block grant, States sometime either later tonight it is not anyone other than the Repub- then what is his plan? Well, it gets or tomorrow. lican majority holding up this nomi- worse. Then his long-term plan is tied The Children’s Health Act of 2000, is nee. Every day we are here—I know to privatizing Medicare; again, some- a comprehensive bill, a bill that forms there will be an objection—I am going thing that would start the unraveling the backbone of efforts to improve the to ask unanimous consent because I of Medicare. It would force seniors to health and safety of young people want the Record to show clearly what join HMOs. today, of America’s children today. But is happening here and who is holding So under Governor Bush’s program, equally important, it gathers the in- up this nominee who is fully qualified after the 4-year State program, then vestments to improve the health, the to be on the circuit court for the we would go into a new program. It well-being of children of future genera- Eighth Circuit. would be up to insurance companies to tions. Now I want to turn my comments to take it. So seniors who need drug cov- It is fascinating to me because it was something the Senator from Minnesota erage would have to go to their HMO. about a year or a year and a half ago was talking about; that is, the pre- They would not get a guaranteed pack- that Senator JEFFORDS and I, after scription drug program from the debate age. The premium would be chosen by working on this particular piece of leg- last night. Quite frankly, I was pretty the HMO, the copayment chosen by the islation for a couple of years, reached surprised to hear Governor Bush talk- HMO, the deductible chosen by the out directly across the Capitol to ing about his prescription drug pro- HMO. And the drugs you get? Again, Chairman BLILEY and Representative gram. He calls it an ‘‘immediate help- chosen by the HMO. BILIRAKIS to work together to address a

VerDate 02-OCT-2000 02:27 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.138 pfrm02 PsN: S04PT1 S9840 CONGRESSIONAL RECORD — SENATE October 4, 2000 whole variety of children’s health parents dropping their children off and the leading cause of death in the age issues, including day-care safety, ma- leaving them in the hands of child care group between 1 and 19 years. It is ternal, child, and fetal health, pedi- providers every day deserve the reas- those unintentional injuries that is the atric public health promotion, pedi- surance that their children will be safe number one cause of death. In fact, atric research, efforts to fight drug throughout the day. more than 1.5 million American chil- abuse, and efforts to provide mental A recent study by the American dren suffer a brain injury each year. health services for our young people Academy of Pediatrics reinforced this Therefore, in this bill we strengthen today. need further when it reported a dis- the traumatic brain injury for the The good news, with all of the other turbing trend among children with CDC, the National Institutes of Health, debates that are going on and the par- SIDS, Sudden Infant Death Syndrome. and the Health Resources and Services tisanship going back and forth, is that They looked at SIDS infants in day Administration. we in the Senate, as the Congress, we care. There were 1,916 SIDS cases from Birth defects are the leading cause of as a government have been successful 1995 through 97 in 11 States and they infant mortality and are responsible in accomplishing this bipartisan, bi- found that about 20 percent, 391 deaths for about 30 percent of all pediatric ad- cameral effort. occurred in these day care settings. missions. This bill also focuses on ma- The bill that Congress now sends to Most troubling was the fact that in ternal and infant health. This legisla- the President includes two divisions or over half of the cases the caretakers tion establishes for the first time a Na- two parts. The first part, part A, ad- placed children on their stomach, tional Center for Birth Defects and De- dresses issues regarding children’s where those same children at home velopmental Disabilities at the CDC, to health. The second part, part B, ad- were put to sleep on their backs by collect, analyze and distribute data on dresses youth drug abuse. their parents. Parents and advocates birth defects. I would like to take a few moments who are dedicated to helping to elimi- In addition, the bill authorizes a pro- to outline not the entire bill, but a nate the incidence of SIDS have urged gram called Healthy Start, a program number of the provisions in this bill, that child care providers be required to to reduce the rate of infant mortality because I think it reflects the care and have SIDS risk reduction education. and improve those perinatal or those the thoughtfulness with which this bill When you hear these statistics and outcomes around the time of birth, by was put together. read these reports, you will agree. That providing grants to areas with a high The first is day care safety. Perhaps is why I included a provision in this incidence of infant mortality and low the most critical section of the first bill to carry out several activities, in- birthweight. To address the fact that part of this bill relates to day care cluding the use of health consultants over 3,000 women experience serious health and safety. We based it on the to give health and safety advice to complications due to pregnancy and bill which was called, the Children’s child care providers on important that two out of three will die from complications in their pregnancy, this Day Care Health and Safety Improve- issues, including SIDS prevention. ment Act, a bill that I introduced, Overall, our bill authorizes $200 mil- bill develops a national monitoring and again, in a bipartisan way, with Sen- lion to States to help improve the surveillance program to better under- stand the maternal complications and ator DODD on March 9 of this year. health and safety of children in child Currently, there are more than 13 care settings. The grants can be used mortality to decrease the disparities million children under the age of 6 for all sorts of activities, including among various populations at risk of who, every day, are enrolled in day child care provider training and edu- death and complications from preg- care. About a quarter of a million chil- cation, inspections in criminal back- nancy. Asthma has an increasing incidence dren in Tennessee go to day care. The ground checks for day care providers; in this country and we don’t know why. day care safety bill recognizes that it enhancements to improve a facility’s This bill combats some of the most is our responsibility as a society, as a ability to serve children with disabil- common ailments. For instance, it pro- Government, to make sure that these ities; to look at transportation safety vides comprehensive asthma services day care facilities are as safe as pos- procedures; to look and study and pro- and coordinates the wide range of asth- sible, such as the health of children in vide information for parents on choos- ma prevention programs in the Federal child care is protected, so that when a ing a safe and healthy day care setting. Government, to address the most com- parent, or both parents, drop that child This funding could also be used to mon childhood diseases. Asthma is a help child care facilities meet the off at day care, they can rest assured disease that affects over 5 million chil- health and safety standards, or employ that the child will be in a safe environ- dren in this country today. ment throughout the day. health consultants to give health and Obesity is another problem. Again, The danger in child care settings re- safety advice to child care providers. we don’t fully understand it, but it is a cently has become evident in my own Many of us in this body have grand- problem that is increasing in mag- State of Tennessee, again drawing upon children or children. Our highest con- nitude. Childhood obesity has doubled how we learn and listen in our own cerns are for the safety of those chil- in the past 15 years and produced al- States and bring those issues together dren and grandchildren. I understand most 5 million seriously overweight and discussing them on the floor of the the fears that so many parents have. children in adolescence. It is an epi- Senate and then fashion them into a Parents should not be afraid to leave demic. This bill addresses childhood bill. Tragically, within the span of just their children in the care of a licensed obesity and supports State and commu- two years, in one city in Tennessee, child care facility. This bill, very sim- nity-based programs promoting good four children died in child care set- ply, helps ensure that our child care nutrition and increased physical activ- tings. In addition, one in five child care centers will be safer. ity among American youth. programs in another city in Tennessee A second portion of the first part of Lead poisoning prevention. As I look were found to have potentially put the this bill includes provisions called the at problems across Tennessee, I was health and safety of children at risk Children’s Public Health Act of 2000 concerned to learn that in Memphis during the year 1999. which, again, had been introduced in a over 12 percent of children under the But this isn’t just a Tennessee con- bipartisan way by myself, Senator JEF- age of 6 may have lead poisoning. Such cern. It affects parents and day care FORDS, and Senator KENNEDY on July 13 poisoning, we know, can contribute to centers and children nationwide. Ac- of this past year. The purpose of this learning disabilities, loss of intel- cording to a Consumer Product Safety bill is to address a whole variety of ligence, to hyperactivity, to behavioral Commission Study in 1997, 31,000 chil- children’s health issues, including ma- problems. dren, ages 4 and younger, were treated ternal and infant health, including pe- In this bill, we include physician in hospital emergency rooms for inju- diatric health promotion, including pe- identification and training programs ries they sustained while in child care diatric research. Senator ORRIN HATCH, on current lead screening policies. We or at school. More than 60 children whose name was mentioned on the track the percentage of children in have died in child care settings since floor a few minutes ago, has been a real health center programs, and conduct 1990. The statistics are startling. They leader in another area of traumatic outreach and education for families at are unacceptable. The thousands of brain injury. Unintentional injuries are risk for lead poisoning.

VerDate 02-OCT-2000 02:27 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.140 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9841 The Surgeon General’s report of May Sadly, all of these numbers detailing to me beginning my comments and the 2000 noted that oral health is insepa- youth substance abuse have risen since discussion on the floor in the hour pre- rable from overall health, and that 1992. ceding my comments that centered on while a majority of the population has We addressed this tragedy again head prescription drug plans, the moderniza- experienced great improvements in on by incorporating the Youth Drug tion of Medicare, and who has the best oral health disparities affecting poor and Mental Health Services Act, which approach. The debate was very much children and those who live in under- in a bipartisan way was introduced by between the Bush proposal and the served areas represent 80 percent of all myself and Senator KENNEDY last Gore proposal. Let me very quickly dental cavities in 20 percent of chil- spring which was first passed in the summarize the objections that seniors dren. Senate in November of 1999. have to the Gore proposal and the pre- Our bill encourages pediatric oral This youth drug bill addresses the scription drugs. I can do this very health by supporting community-based problem of youth substance abuse by quickly. It really boils down to one research and training to improve the authorizing and by reauthorizing and sentence. understanding of etiology, patho- improving and strengthening the Sub- Under the Gore proposal, seniors will genesis diagnoses, or the why of the stance Abuse and Mental Health Serv- have only one choice, and they will disease progression, the diagnosis of ices Administration. This bill puts a only have one chance to make that the disease prevention and treatment renewed focus on youth and adoles- choice. Then there is no turning back. of these pediatric oral, dental, and cra- cence substance abuse and mental No. 1, the Gore prescription drug pro- nial facial diseases. Behind all of those health services. At the same time, it posal is centered around a Washington- is pediatrics research. gives flexibility, and it demands great- run drug HMO. Our bill strengthens pediatric re- er accountability by States for the use Why does that bother seniors? Be- search. It does it in such a way by es- of Federal funds. cause an HMO ultimately, and often we tablishing a pediatric research initia- Created in 1992 to assist States in re- see it too commonly today, sets prices, tive within the National Institutes of ducing substance abuse and mental ill- determines access, and can deny that Health. It will enhance collaborative ness through these prevention and access without any choice. efforts. It will provide increased sup- treatment programs, the Substance No. 2, the Gore proposal has a $600 ac- port for pediatrics biomedical research Abuse and Mental Health Services Ad- cess fee. That means if you do not use and ensure that opportunities for ad- ministration provides funds to States prescription drugs today, you are going vancement in scientific investigations for alcohol and drug abuse prevention to be paying $600 more today for get- and care for children are realized. and treatment programs and activities, ting nothing further; $600 access. That I should also mention childhood re- as well as mental health services. Its is before you buy any drugs whatso- search protections, children who are block grants account for 40 percent and ever, a $600 access fee. involved in research, and how they are 15 percent, respectively, of all sub- Our seniors are asking: Am I going to protected. stance abuse and community mental be one of the 13 million people who do Included in this bill are provisions to health services. not even have $600 in prescription drug address safety initiatives in children’s In my own State of Tennessee, the requirements a year? If so, if I join research by requiring the Secretary of Substance Abuse and Mental Health that plan, I automatically am going to Health and Human Services to review Services Act provides more than 70 per- be paying more for what I get today. the current Federal regulations for the cent of overall funding for the Ten- That is for 13 million seniors. Seniors protection of children who are partici- nessee Department of Health, Bureau are asking: Am I going to be one of pating in investigations. It will address of Alcohol and Drug Abuse. those 13 million? issues such as determining acceptable This bill very quickly accomplishes Just one example: Under the Gore levels of risk and obtaining parental six critical goals. It promotes State prescription drug proposal, if you have permission. They will report to Con- flexibility by easing outdated or $500 a year in prescription drugs, and gress on how to ensure the highest unneeded requirements and governing you joined his plan, you are going to standards of safety. the expenditure of Federal block have to pay $530 for $500 worth of pre- This year the Senate Subcommittee grants. scription drugs today. on Public Health, which I chair, held Second, it ensures State account- That is why seniors are going to ob- two important hearings relating to ability by moving away from the ject. That is why the Gore plan really, gene therapy trials and human subject present system inefficiencies to a per- as I see it, has absolutely no chance for protections. We discovered a lapse of formance-based system. passage. protection for individuals participating Third, it provides substance abuse One other thing on the access fee: in clinical trial research. In the next treatment services and early interven- Let me tell our seniors very directly, if Congress, we intend to make the fur- tion substance abuse services for chil- this bill were to pass today, if the Vice ther review in updating of human sub- dren and adolescence. President were successful in getting ject protections a major priority of Fourth, it helps local communities this bill through today, as a senior this subcommittee. treat violent youth and minimizes out- your Medicare premiums, how much The second part of this bill, division breaks of youth violence through part- you pay every month, is going to dou- B of the bill, contains provisions which nerships among schools, among law en- ble from what it is today. Your Medi- address very specifically the curse of forcement activities, and mental care premium for what you pay today pediatric or youth drug abuse. health services. It ensures Federal for Medicare is going to double. It will The 1999 National Household Survey funding for substance abuse or mental go from $45 to $90 within 2 years, if you on Drug Abuse conducted by the Sub- health emergencies. join this plan. stance Abuse and Mental Health Serv- And six, it supports and expands pro- The third I said is one choice; one ices Administration reported that 10.9 grams providing mental health and chance; no turning back. You have one percent of youth ages 12 to 17 currently substance abuse treatment services to chance under the Gore proposal. If you use illicit drugs. They further esti- homeless individuals. are 641⁄2 you either get this prescription mated that 11.3 percent of 12- to 17- I will close by basically stating, once drug benefit or you don’t. year-old boys and 10.5 percent of 12- to again, how excited I am about this par- The problem is that a lot of heart 17-year-old girls used drugs in the past ticular bill as we send it to the Presi- disease doesn’t develop until you are month. dent. Over the next several days during 65, or 67, or 70, or 75, or 80, or 85 years Just as discouraging is the growth in morning business, I look forward to the of age. At 641⁄2, if you didn’t go into youth alcohol abuse. These same re- opportunity of coming back and dis- these prescription drug programs, you ports reveal that 10.4 million current cussing this bill further with my col- have no chance to go into it in the fu- drinkers are younger than the legal leagues who have participated so di- ture. You have only one chance; that drinking age of 21 and that more than rectly in this particular bill. is, when you are 641⁄2. 6.8 million have engaged in binge I wish to respond very briefly to People say you only live 65, or 67, or drinking. some comments that were made prior 77 years of age. If you live to be 641⁄2,

VerDate 02-OCT-2000 02:27 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.143 pfrm02 PsN: S04PT1 S9842 CONGRESSIONAL RECORD — SENATE October 4, 2000 you are likely to live to 80 or 85 years I also want to thank my colleagues would adhere to the agreement that of age. You have one choice—a Wash- in the House for their strong coopera- was entered into in August. ington HMO; one chance when you are tion and support. I am so proud of In August, on a bipartisan basis, the 641⁄2 and no turning back. being involved in this effort and I Senate made it very clear, and I spe- I make it very clear to our seniors think the entire House of Representa- cifically addressed this on the floor of what we are talking about when we tives and Senate should be very proud the Senate, that I was open to a fair talk about the prescription drug plan of approving the Children’s Health Act. fight, to an open debate on the assisted proposed by Vice President GORE. f suicide question. In fact, I made it very Mr. JEFFORDS. Mr. President, it clear that while I intend to use every gives me great pleasure to join my col- UNANIMOUS CONSENT opportunity to speak on the floor of leagues today in celebrating the pas- AGREEMENT—H.J. RES. 110 the Senate and make sure the Members sage of Children’s Health Act, which Mr. FRIST. Mr. President, I ask understand, for example, that the Senators FRIST, KENNEDY, myself, and unanimous consent when the Senate American Cancer Society believes this many others introduced earlier this convenes tomorrow morning, the time legislation will harm those in pain, I year. The Children’s Health Act passed prior to 10 a.m. be equally divided in was willing to accept the will of the the Senate on September 22, the House the usual form and the previously or- Senate on any cloture vote that might on September 27, and is now one step dered vote on H.J. Res. 110 now occur be scheduled. That was the agreement closer to becoming law. entered into in August. It provided for The Children’s Health Act will sig- at 10 a.m. The PRESIDING OFFICER (Mr. a fair fight on this issue. nificantly improve the well-being of Tonight we are told that there may children in this nation. This bill au- BROWNBACK). Without objection, it is so ordered. be the possibility, as I have touched on, thorizes prevention and educational of an effort to override Oregon’s as- programs, clinical research, and direct f sisted suicide law. By the way, Oregon clinical care services for child specific DEPARTMENT OF THE INTERIOR is the only State in the country that health issues. AND RELATED AGENCIES APPRO- has such legislation. It would be linked President Clinton needs to sign this to the other desperately needed meas- legislation into law now. Our nation’s PRIATIONS ACT, 2001—CON- FERENCE REPORT ures, such as the legislation to protect medical research and treatment sys- women victimized by domestic vio- tems must be encouraged to recognize Mr. FRIST. I ask consent that the lence. I hope that will not be the case. that children have unique needs. With- Senate now resume consideration of I would have to oppose very strongly out the initiative of the Children’s the Interior conference report and Sen- that kind of effort. It seems to me it is Health Act, research into many of the ator FITZGERALD be recognized. not in the public interest, and it is par- diseases and disorders that effect chil- The PRESIDING OFFICER. Without ticularly regrettable since it runs con- dren will be overlooked and neglected. objection, it is so ordered. trary to the spirit of what was agreed I am also excited that the Children’s Mr. FITZGERALD. Mr. President, to in August: That there would be an Health Act includes legislation that Senator WYDEN has requested to speak opportunity for both sides on the floor the Senate passed last year to reau- for 5 to 10 minutes. I ask unanimous of the Senate to have this debate about thorize the Substance Abuse and Men- consent he be allowed to do that, then assisted suicide; I would have a chance tal Health Services Administration I be able to go back and speak as to address the issue in some detail, but (SAMHSA). The Youth Drug and Men- though it were a continuation of the if there were an effort to file cloture, I tal Health Services Act is critically speech I have had ongoing since early would accept the will of the Senate on important for strengthening commu- this morning. nity-based mental health and sub- that measure. The PRESIDING OFFICER. Without In addition, we just learned in the stance-abuse prevention and treatment objection, it is so ordered. services. last few minutes there is a possibility We introduced SAMHSA reauthoriza- f schoolchildren in 700 rural school dis- tricts around the country could also be tion with strong bipartisan cosponsor- ASSISTED SUICIDE ship of many members of the HELP held hostage because, again, there may Committee. The service and grant pro- Mr. WYDEN. Mr. President, I come be an objection to the county pay- grams administered by SAMHSA have to the floor tonight to discuss the pos- ments bill legislation authored by Sen- gone far too long without being reau- sibility that there will be an effort ator CRAIG of Idaho and myself—again, thorized. We will now be able to im- very shortly to override Oregon’s as- bipartisan. There may be an objection prove access and reduce barriers to sisted suicide law as part of a package to that bill, again, on the grounds that high quality, effective services for indi- that includes legislation that is ex- somehow it should be examined some viduals who suffer from, or are at risk tremely important to the country, more and possibly linked again to the for, substance abuse or mental illness, such as legislation that would protect assisted suicide question. as well as for their families and com- women from domestic violence, such as I think, again, these issues ought to munities. legislation that would also deal with be considered on the merits. The coun- This legislation includes the formula sex trafficking—an extraordinary ty payments legislation passed this compromise for the Substance Abuse scourge that victimizes women and body by unanimous consent; 100 Sen- Treatment Block Grant that was origi- children. I think it would be extremely ators agreed to make sure that these nally included in the 1998 omnibus ap- unfortunate to victimize the victims in schoolchildren in 700 rural school dis- propriations bill. This is an issue of that way. It is clearly not in the public tricts got a fair shake. We have been paramount importance to small and interest. working with the House. We have now rural states, and I am pleased that this Oregon’s assisted suicide law involves come up with an agreement among the legislation ratifies and continues the a very controversial matter. I happen House, the Senate, and the White agreement reached in 1998. to be against assisted suicide, against House. I think we can pass it 100–0 in The Children’s Health Act and the the Oregon law, but the bill that the Senate. But we are told someone is Youth Drug and Mental Health Serv- cleared the Judiciary Committee on a going to object to the county payments ices Act are both the product of many 10–8 vote, a very narrow vote, is strong- legislation for the unrelated reason months of work and collaboration ly opposed by the American Cancer So- that they are not able to work out an among its many stakeholders. We have ciety. The American Cancer Society arrangement that allows them to come this far because of the bipartisan believes that legislation will harm throw the Oregon assisted suicide law dedication of members of HELP Com- those in pain. I am very hopeful that in the trash can on an arbitrary basis. mittee and especially the leadership of rather than tie this assisted suicide What the Senate worked out in Au- Senator FRIST and Senator KENNEDY. I legislation to vitally needed legislation gust was fair to all sides. It ensured commend them both for their consider- that would protect the victims of do- that we have a chance to discuss the able efforts to help so many children mestic violence and women and chil- matter of assisted suicide. It is a con- and American families. dren from sex trafficking, the Senate troversial question. I personally am

VerDate 02-OCT-2000 02:27 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.145 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9843 against assisted suicide. I voted FINAL PASSAGE OF S. 1198, THE real sense, this legislation not only against the Oregon law twice. I voted TRUTH IN REGULATING ACT gives people the right to know; it gives against Federal funding for assisted Mr. LOTT. Mr. President, I rise today them the right to see—to see how the suicide. But I oppose the legislation to applaud the efforts of everyone who government works, or doesn’t. GAO being advanced here to overturn Or- worked to pass S. 1198, the Truth in will be responsible for providing an egon’s law for the same reasons that Regulating Act. Last evening, the evaluation of the analysis underlying a the American Cancer Society does. It House passed this important legisla- proposed regulation, which will enable will hurt patients in pain. tion, following the Senate’s passage of us to communicate better with the I felt compelled to come to the floor the bill on May 9th of this year. I was agency up-front. It will help us to en- of the Senate and express my concern. pleased to learn of the final passage of sure that the proposed regulation is I think it is not in the public interest this bill in the House, as this event sensible and consistent with Congress’ to link desperately needed legislation marks the culmination of the hard intent before the horse gets out of the such as the bill to protect the victims work of many Senators, Representa- barn. It will help improve the quality of domestic violence to the assisted tives, and members of their staffs in of important regulations. This will suicide law. It is not appropriate to achieving another milestone in our contribute to the success of programs hold hostage the victims of sex traf- journey towards comprehensive regu- that the public values and improve ficking to the Oregon assisted suicide latory reform. public confidence in the Federal Gov- law. I hope we will not see what has This legislation establishes a process ernment, which is a real concern today. been raised as a possibility in the last for Congress to obtain reviews of eco- Under the 3-year pilot project estab- few minutes, and that is to hold up the nomically significant rules. These re- lished by this legislation, a chairman county payments legislation—which views, to be performed by the General or ranking member of a committee has been agreed to by the House and Accounting Office, will help Congress with legislative or general oversight the Senate negotiators and those at to better assess the impact of federal jurisdiction, such as Governmental Af- the White House—that would provide a agency regulations. I am confident fairs, may request the GAO to review a lifeline to 700 rural school districts all that the information which will be pro- proposed economically significant rule across the country. vided in these reports will enable Con- and provide an independent evaluation I hope that bill and the other vitally gress and the public to have a better of the agency regulatory analysis un- needed legislation will not be held up understanding of the potential costs derlying the rule. The Comptroller because a Senator decides he or she and benefits of these regulations, and I General shall submit a report no later wants to throw the assisted suicide believe that these independent anal- than 180 days after a committee re- override into unrelated legislation that yses will help federal agencies to de- quest is received. A requester may ask this country needs so greatly. I made it velop the most efficient and beneficial for the report sooner when needed, as clear last August I was open to being regulations for all concerned. may be the case where there is a short fair to both sides. That is why we en- Mr. President, passage of this legisla- comment period or hearing schedule. tered into an agreement for a fair tion would not have been possible with- The Comptroller General’s report shall fight. I said I would respect the will of out the hard work of several Senators include an evaluation of the benefits of the Senate on a cloture vote if it came on both sides of the aisle. Both Senator the rule, the costs of the rule, alter- to that. I think we ought to adhere to SHELBY and Senator THOMPSON have native regulatory approaches, and any that August agreement and not link been active in addressing this issue for cost-benefit analysis, risk assessment, this matter of throwing Oregon’s law quite some time, and the efforts of Sen- and federalism assessment, as well as a into the trash can by tucking it into ator BOND and the input of Senator summary of the results of the evalua- unrelated legislation. LEVIN were also helpful to the process. tion and the implications of those re- Frankly, those who are trying to Similarly, I know that Representatives sults for the rulemaking. tuck this override of Oregon’s assisted KELLY and MCINTOSH worked hard on It is my hope that the ‘‘Truth in Reg- suicide law into other legislation—such the House side to get the Truth in Reg- ulating Act’’ will encourage Federal as the bill that would protect the vic- ulating Act passed. The details of this agencies to make better use of modern tims of domestic violence—are doing a legislation were worked out by count- decisionmaking tools, such as cost-ben- tremendous disservice to the women less hours of work by a number of staff efit analysis and risk assessment. Cur- victimized by domestic violence, to the members, both former and current, for rently, these important tools often are victims of sex trafficking, to the these Senate and House members. In viewed simply as options—options that schoolchildren who desperately need addition to members of my staff, these aren’t used as much or as well as they that county payments legislation. staff members include Paul Noe, Mark should be. Over the years, the Govern- These bills ought to be considered on Oesterle, Suey Howe, Linda Gustitus, mental Affairs Committee has re- their merits. That was agreed to back Meredith Matty, Barry Pineles, Larry viewed and developed a voluminous in August with respect to the assisted McCredy, Barbara Kahlow, and Marlo record showing that our regulatory suicide legislation. I will do everything Lewis. process is not working as well as in- in my power to insist the Senate ad- Mr. President, I look forward to the tended and is missing important oppor- here to what was agreed on last Au- President signing this legislation. tunities to achieve more cost-effective gust. Mr. THOMPSON. Mr. President, I am regulation. In April 1999, I chaired a I thank my colleague and friend from pleased that last night the House hearing in which we heard testimony Illinois for his thoughtfulness. passed on suspension the ‘‘Truth in on the need for this proposal. The Gen- Regulating Act,’’ S. 1198, and that this eral Accounting Office has done impor- f legislation will now be sent to the tant studies for Governmental Affairs President. S. 1198 will support Congres- and other committees showing that INTERPARLIAMENTARY sional oversight to ensure that impor- agency practices—in cost-benefit anal- CONFERENCES tant regulatory decisions are cost-ef- ysis, risk assessment, federalism as- Mr. LOTT. Mr. President, for the in- fective, well-reasoned, and fair. sessments, and in meeting trans- formation of the affected Members of The foundation of the ‘‘Truth in Reg- parency and disclosure requirements of the Senate, I would like to state for ulating Act’’ is the right of Congress laws and executive orders—need sig- the record that if a Member who is pre- and the people we serve to know about nificant improvement. Many other au- cluded from travel by the provisions of important regulatory decisions. thorities support these findings. All of rule 39 is appointed as a delegate to an Through the General Accounting Of- us benefit when government performs official conference to be attended by fice, which serves as Congress’ eyes and well and meets the needs of the people Members of the Senate, then the ap- ears, this legislation will help us get it serves. pointment of that individual con- access to the cost-benefit analysis, risk A lot of effort and collaboration went stitutes an authorization by the Senate assessment, federalism assessment, and into this legislation, which I think is and the Member will not be deemed in other key information underlying any why the Senate and now the House violation of rule 39. important regulatory proposal. So, in a could approve it with broad bipartisan

VerDate 02-OCT-2000 02:27 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.149 pfrm02 PsN: S04PT1 S9844 CONGRESSIONAL RECORD — SENATE October 4, 2000 support. The Truth in Regulating Act know where to begin and where to end. important. They have a wonderful and is based on two initiatives—a bill origi- Here is this last week of the session the hallowed tradition in this country. It nally sponsored by Senator RICHARD Senate could be making progress on a seems to me that television networks SHELBY with Senators LOTT and BOND, number of items but we remained sty- have a responsibility to the American as well as a similar measure that I mied. people to provide live coverage of those sponsored with Senators LINCOLN, I regret that Congress did not com- debates. VOINOVICH, KERREY, BREAUX, LANDRIEU, plete its necessary work on the re- I regret that NBC did not. And I INHOFE, STEVENS, BENNETT, ROBB, quired appropriations bills before the would say to the NBC affiliate in Wash- HAGEL, and ROTH. I particularly appre- beginning of the new fiscal year. We ington, DC, they decided to carry the ciate that my colleagues on the other are again requiring the Government to debate. Thank you for doing that. Good side of the aisle worked with me to exist from continuing resolution to for them. But Fox News did not give pass this legislation. From the begin- continuing resolution. Along with the any of their affiliates that choice. I ning, Senator BLANCHE LINCOLN made American people, I hope that we will think they have made the wrong this a bipartisan initiative by joining complete our work before too much choice. me as cosponsor. Later, Senator JO- longer. f SEPH LIEBERMAN, the Ranking Member f VISIT BY FORMER MEMBERS OF of the Governmental Affairs Com- NBC AND FOX AND THE CONGRESS TO CUBA mittee, worked with me to resolve his PRESIDENTIAL DEBATES Mr. DODD. Mr. President, today I concerns before the Committee mark- join with my colleague Senator ROB- up. This led the way for passage of this Mr. DORGAN. Mr. President, I also ERTS to draw attention to a most inter- legislation through the Governmental wish to say a word today about NBC and Fox, the two television networks esting report on our country’s policy Affairs Committee by voice vote and toward Cuba. Some of my colleagues through the Senate by unanimous con- that have decided they would not broadcast the Presidential debates live. may know that a bipartisan group of sent. former Members of Congress traveled Congresswoman SUE KELLY first pro- I think it is deplorable, really, that networks, that use the public airwaves, to Cuba in September on a fact-finding posed a bill for the congressional re- mission for the United States Associa- view of regulations in the 105th Con- and have some responsibility here with respect to the public good and public tion of Former Members of Congress. gress. After the Senate passed S. 1198 These four former members, John by unanimous consent in May of this interest, have decided that Presidential debates are not important enough to Brademas, Larry LaRocco, Fred year, Chairman DAN BURTON of the Grandy, and Jack Buechner, did not Government Reform Committee ad- preempt other programming. I notice that NBC said its local affili- travel as a group officially invited by vanced the bill through the House. I the Cuban Government, but rather want to thank Chairman BURTON for ates could make their own judgment. It is not as if NBC, according to Mr. traveled on tourist visas, a distinction his leadership as well as SUE KELLY for that allowed the delegation more flexi- her hard work that led to the final pas- Kennard, the Chairman of the Federal Communications Commission, has not bility to meet with representatives of a sage of the Truth in Regulating Act in wide cross section of Cuban society, in- interrupted regular programming pre- the House. cluding religious and cultural leaders, viously. In fact, they have interrupted I congratulate my colleagues in the as well as ordinary Cuban citizens. House and Senate for pulling together sports programming previously. NBC, Upon returning to the United States, to get the job done. last evening, said: We have a contract the delegation wrote a detailed report f to show a New York Yankees-Oakland concerning their visit to Cuba, and Athletics playoff game. So they did not their recommendations on U.S.-Cuban ON DELAYS IN SENATE really want to, on a national basis, CONSIDERATION OF H.R. 5107 policy. Remarkably, the recommenda- show the Presidential debate live. They tions contained in the report were Mr. LEAHY. Mr. President, all Demo- did allow their affiliates to make that unanimous, and were markedly similar crats have cleared for final passage decision. to the recommendations made by two H.R. 5107, the Work for Hire and Copy- Mr. Kennard points out in an op-ed previous delegations in 1996, and 1999. right Corrections Act of 2000. I hope piece in the New York Times that in The report, which was released on that the Senate will take up H.R. 5107 1994 NBC was showing the NBA finals, September 5, states that ‘‘United without further unnecessary delay. the basketball finals, but they cut States policy toward Cuba should be Representatives BERMAN and COBLE de- away from the basketball finals to fol- addressed on the basis first, of what is serve credit, along with the interested low that white Bronco that was mean- best for U.S. national interests, and parties, for working out a consensus dering around the highways of Los An- second, what is best for Cuba and the solution in their work for hire copy- geles with O.J. Simpson in the back- Cuban people.’’ It goes on to observe right legislation. I do not know why seat. So they were able to cut away that, as a policy aimed at bringing the Senate has not confirmed their from the NBA finals to deal with the about political change in Cuba, the reg- work and accorded their bill consent O.J. Simpson saga in that white Bron- imen of comprehensive sanctions and for final passage. Why the Republican co, we remember so well, but they the embargo have become increasingly majority has not taken up this meas- could not cut away from a playoff anachronistic. It calls upon Congress ure since the middle of last week is an- game—not the World Series; a playoff and the Administration to begin a other unexplained mystery. game—in baseball to televise the Presi- phased reduction of sanctions against As has been true with our bipartisan dential debate. Cuba, and a first step, recommends bill to provide bulletproof vest grants Fox News is another story. They did that current legislation on Capitol Hill to law enforcement, S. 2014, and its not give their affiliates any choice. to remove all restrictions on the sales House-passed counterpart, H.R. 4033, From their standpoint, ‘‘Dark Angel’’ or gifts of food and medicines be en- all Democrats have cleared these mat- was important last night, entertain- acted. The report concludes with the ters for Senate action. As has been true ment programming. Apparently Fox observation that the delegation found for some time with the Violence News’ entertainment programming is ‘‘solid support among key independ- Against Women Act of 2000, S. 2787, all more important than televising the ents’’ in Cuba for this action. Democrats have cleared these matters Presidential debates for the American Among other recommendations, the for Senate action. The same is true people. delegation suggested that the United with respect to S. 1796, the Justice for I agree with Bill Kennard, the Chair- States establish a bank in Havana to Victims of Terrorism Act, all Demo- man of the Federal Communications authorize the sale of food and medi- crats have cleared these matters for Commission. He wrote a piece that cine, that additional direct flights be- Senate action. There are so many bills says: ‘‘Fox and NBC Renege on a tween the U.S. and Cuba be facilitated, cleared by the Senate Democrats being Debt.’’ It seems to me, in this country and steps taken to improve Internet held hostage without explanation by we ought to take this system of ours communication between the two coun- the Republican majority, it is hard to seriously. Presidential debates are very tries.

VerDate 02-OCT-2000 02:27 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.111 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9845 These recommendations were based better idea of what a cross-section of the SUPPORT FOR FEDERAL-STATE- on the perception by the traveling dele- Cuban population thinks. Unencumbered by PARTNERSHIPS RELATIVE TO gation that the embargo on food and the protocol demands that normally accom- SCHOOL MODERNIZATION medicine is hurting common Cuban pany an officially approved trip, we were free to visit a range of independent organiza- citizens while failing to advance U.S. Mr. JOHNSON. Mr. President, I rise tions, art centers, church and church-spon- to express my strong support for initia- national security interests on the is- sored groups and research centers. We were land. The consensus in Cuba is that also able to attend church services, visit tives to create a federal-state-local Fidel Castro is not being affected by markets, travel into the countryside and partnership relative to public school this embargo—he has all the food and talk freely to private citizens. The people we construction and renovation through- medicine he needs. The Cuban people met with ranged´ from ´an average woman at- out America. At a time when unprece- recognize that the embargo hurts only tending an Elian Gonzalez rally whom we en- dented budget surpluses are being pro- themselves, and are actively seeking gaged in spontaneous conversation to Cuba’s jected by budget leaders at both the Minister of Foreign ´Affairs; from the tour White House and in Congress, it seems help from the United States. guide of the Partagas cigar factory in Old As we approach the final days of this Havana to the Papal Nuncio; from the direc- clear to me that some modest portion session, hard-fought progress toward of these funds ought to be used to as- tor of the government-sponsored´ cultural or- an easing of the embargo may still bear ganization Casa de las Americas to the head sist our school districts. In South Da- fruit. While the Senate considers im- of the Roman Catholic relief organization, kota, it has become increasingly dif- portant legislation in this area, I urge Caritas; from an urban planner sympathetic ficult to pass school bond issues, given my colleagues to read both the ex- to the current regime in Cuba to some of the the fact that real estate taxes are al- cerpts of the report at the end of my most controversial figures—including´ ´ Marta ready too high and our state’s agricul- Beatriz Roque, Rene Gomez Manzano, and tural economy has been struggling. speech and the full text of the Associa- Felix Bonne—and independent journalists tion report, which is available from the living in that country today. The result is an enormous backlog of United States Association of Former On the ground in Cuba, we heard a remark- school construction needs, and the Members of Congress at 330 A Street, ably diverse array of voices and observed a costs of repair and replacement only N.W., Washington, D.C. 20002. With highly complex set of political and social cir- increase with each passing year. cumstances; nonetheless, we submit this re- that, Mr. President, I ask unanimous To propose a new school construction consent that portions of the delega- port in the conviction that the implementa- tion of our recommendations can only fur- partnership is not to suggest some sort tion’s report be printed in the RECORD. ther the interests of both the United States of ‘‘federalization’’ of K–12 public edu- There being no objection, the mate- and the people of Cuba. cation. The decisions as to whether to rial was ordered to be printed in the JOHN BRADEMAS, replace or repair a school would remain RECORD, as follows: D—Indiana. with the local school districts where THE UNITED STATES ASSOCIATION OF FORMER J. BUECHNER, they belong, and by far the largest R—Missouri. MEMBERS OF CONGRESS share of the expense would continue to FRED GRANDY, We, the four members of a delegation of be met by local taxpayers. Even so, a the United States Association of Former R—Iowa. Members of Congress (AFMC), visited Cuba LARRY LAROCCO, federal effort to reduce interest costs from May 26 to June 3, 2000, to explore first- D—Idaho. or otherwise participate in reducing hand the current political, social and eco- RECOMMENDATIONS the total cost of school construction nomic realities in that country and to con- Our recommendations are based on our ex- could often times make the difference sider what steps might be taken to improve tensive discussions during our trip to Cuba. between a successful project or none at relations between Cuba and the United Our recommendations closely parallel those all. If the federal government were to States. Before traveling we were briefed by of the two previous bipartisan delegations of simply block grant these funds, the officials in the Department of State, key the U.S. Association of Former Members of dollars would have to be disbursed in Members of Congress, leaders of non-govern- Congress. mental organizations (NGOs) and officials of 1. Congress and the administration should such a broad manner that no school the Cuban Interests Section in Washington, begin a phased reduction of sanctions legis- district would receive a sufficient DC. The report you hold in your hands re- lation, as defined in the Cuban Democracy amount of help to seriously make a flects the collective deliberations of the dele- Act of 1992 (PL 102–484) and the Cuban Lib- real difference. gation, and lists six specific recommenda- erty and Democratic Solidarity (LIBERTAD) While I appreciate that school con- tions that we all endorse. As you will see, we Act of 1996 (Helms-Burton, PL 104–114). As a did not attempt to tackle every issue in- first step, current legislation on Capitol Hill struction assistance must be targeted volved in relations between our countries; in (H.R. 3140 and S. 2382) to remove all restric- to help needy school districts first, I do order to make concrete and well-founded rec- tions on the sales (for gifts) of food and want to convey my strong opinion that ommendations, we focused on a core of mat- medicines should be enacted. the eligibility requirements for a fed- ters that seemed particularly significant to 2. Serious consideration should be given to eral-local partnership should not be so us. the establishment of a U.S. bank in Havana restrictive as to eliminate the possi- This fact-finding trip was the third and if legislation to authorize the sales of food bility of many of our school districts last in a series funded by a grant from the and medicine is approved by Congress and Ford Foundation to the AFMC. The other the Administration. from participating. South Dakota has a two trips were made in December 1996 and 3. Opportunities for people-to-people con- great many school districts which are January 1999. Our recommendations closely tact between citizens of the United States not completely impoverished, but yet parallel those of the previous two bipartisan and Cuba should be expanded, particularly find it almost impossible to pass a bond delegations. To date, 15 former Members of through two-way exchanges in the fields of issue and otherwise adequately fund Congress (eight Republicans and seven education and culture. More links between their education programs. This pro- Democrats) have traveled to Cuba on these educational, cultural and non-governmental gram should apply to more than just Ford Foundation-sponsored missions. The institutions in our two countries should also recommendations of all three delegations be established. the extreme poverty situations of inner have been unanimous and are remarkably 4. The current ceilings on annual remit- urban areas and remote rural areas. It similar in terms of their implications for tances from the United States to Cuba should apply as well to the many small U.S. policy. should be raised significantly, if not elimi- and medium size communities all Unlike the two previous delegations, we nated. across our country that seriously did not travel as a group officially invited by 5. Steps should be taken to facilitate direct struggle with school construction and the Cuban Government. We had the appro- fights between the United States and Cuba. renovation needs. priate documentation from the United 6. Steps should be taken to improve Inter- States Government, including a license from net communication between the citizens of I applaud and support these efforts to the Department of Treasury’s Office of For- both countries. Initiatives aimed at enabling invest a small portion of our Nation’s eign Assets Control. Although the Cuban Cuban citizens to gain greater access to the wealth in improved educational oppor- government did not extend an official invita- Internet should be encouraged, and support tunities and facilities for all—this in- tion to the delegation, we were issued tourist should be given to individuals and entities visas. involved in the creation of websites and vestment now, will result in improved The unofficial character of the visit al- other electronic platforms aimed at improv- academic performance, better citizen- lowed us to control our own time, to have a ing mutual understanding between the peo- ship and a stronger economy for gen- wide variety of meetings and to gain a much ples of the United States and Cuba. erations to come.

VerDate 02-OCT-2000 02:27 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.036 pfrm02 PsN: S04PT1 S9846 CONGRESSIONAL RECORD — SENATE October 4, 2000 VICTIMS OF GUN VIOLENCE Federal Government has awarded $1.6 day. Family violence costs the nation Mr. DORGAN. Mr. President, it has billion dollars, $24 million of which from $5 to $10 billion annually in med- been more than a year since the Col- went to support programs in the State ical expenses, police and court costs, umbine tragedy, but still this Repub- of Louisiana, to help support the ef- shelters and foster care, sick leave, ab- lican Congress refuses to act on sen- forts of prosecutors, law enforcement senteeism, and non-productivity. In sible gun legislation. officials, the courts, victim advocates, fact, the majority of welfare recipients Since Columbine, thousands of Amer- health care and social service profes- have experienced domestic abuse in icans have been killed by gunfire. Until sionals, and intervention and preven- their adult lives and a high percentage we act, Democrats in the Senate will tion programs. The National Domestic are currently abused. read the names of some of those who Violence Hotline, established with My Colleague from Delaware, Sen- have lost their lives to gun violence in funds from this Act, has received more ator BIDEN, and I have cosponsored leg- the past year, and we will continue to than 500,000 calls since it began oper- islation to reauthorize the Violence do so every day that the Senate is in ating. Against Women Act. If Congress fails While I think the success of this Act session. to reauthorize VAWA, many critical alone is an important reason to sup- In the name of those who died, we programs may be jeopardized. Reau- port its continuation, it is not why I will continue this fight. Following are thorization legislation, which has stand here today. Although the number the names of some of the people who broad bipartisan support will help to: of women murdered by an intimate were killed by gunfire one year ago maintain existing programs, expand in- partner is the lowest it has been since today. vestigation and prosecution of crimes 1976, still, 3 out of 4 victims murdered October 4, 1999: against women; provide greater num- last year were female. Tremendous Darius Bradley, 18, Baltimore, MD; bers of victims with assistance; main- strides have been made, but domestic Joseph Booker, 21, Chicago, IL; Vin- tain and expand the domestic violence violence and crimes against women cent Dobson, 22, Baltimore, MD; Frank hotline, shelter, rape prevention, and continue to devastate the lives of many Garner, 22, Kansas City, MO; Larry D. education programs; and support effec- women and children throughout our Hadley, 43, Madison, WI; Joseph Hall, tive partnerships between law enforce- country. ment, victim advocates and commu- 20, Detroit, MI; Arthur Harris, 39, In fact, in May of this year, one week Houston, TX; Kendall Hawks, 18, Balti- nities. after Mother’s Day, a Louisiana Again, I am disappointed that this more, MD; Clarence Jackson, 21, New woman, Jacqulene Gersfeld, was Congress is quickly coming to a close Orleans, LA; Derrick Jacque, 24, New gunned down by her husband just out- and this bill is still waiting for action Orleans, LA; Jasul Johnson, 23, Phila- side a Gretna courthouse. The couple by the Senate. Several times during delphia, PA; Charlotte Lindsey, 50, had a history of violence and friends the campaign, the leadership has Memphis, TN; James McClinton, 24, reported that this was not the first claimed that the issues that are impor- Chicago, IL; Richard Mitchell, 51, De- time Jacqulene’s husband, Marvin, had tant to women are of the highest pri- troit, MI; Shawn Moore, 25, New Orle- threatened to kill her. Far too often, ority. I can hardly think of an issue ans, LA; Cedric Outler, 41, Miami-Dade abused women are afraid, and many that more directly affects the lives of County, FL; Zawakie Walker, 23, De- times for good reason, to remove them- women and their families than their troit, MI; Darieus Washington, 31, Bal- selves from these abusive relationships, health and safety. timore, MD; William Wilson, 24, Balti- but not Jacqulene, she sought help, ob- Since we returned from the August more, MD; and Unidentified male, 72, tained a protective order and filed for recess, several members have come to Nashville, TN. divorce. She left that courtroom be- the floor and talked about time. The We cannot sit back and allow such lieving that her days of living in fear minority leader eloquently detailed the senseless gun violence to continue. The were over and that her husband could amount of time, or lack thereof, that deaths of these people are a reminder no longer harm her. But she was wrong. this body has dedicated to actually to all of us that we need to enact sen- I am sad to say that Jacqulene’s doing the work of the American people. sible gun legislation now. story is not unique. In New Orleans The majority leader, on the other f alone, the Domestic Violence help line hand, has cautioned us that time is receives 16,000 calls for assistance a limited and we, therefore, must use it ISSUES OF IMPORTANCE TO year. Of the total women’s homicide wisely. I could not agree more—time is WOMEN rate, 46 percent of those deaths are at- running out and so, it is about time Ms. LANDRIEU. Mr. President, I tributed to domestic violence. And that that we ask the Majority to do more would like to speak on a pending piece is just one city in my state. I am cer- than make empty promises. It is about of legislation that I believe requires tain that every one of my colleagues time we question the sincerity of a our urgent attention. The fact that the could come to this floor and tell of a party when their Presidential can- leadership has not acted to bring this woman in their state whose fate was didate needs to be briefed before he can bill to the floor is of great concern to that of Jacqulene’s. As citizens of the take a stance on legislation to end vio- me. While I understand that our time greatest democracy in the world, we lence against women. It is about time is short and our list is long, the Re-au- cannot stand idly by and watch these we do all we can to make good on a thorization of the Violence Against stories unfold. The need for the serv- promise that we made six years ago to Women’s Act should be on the list of ices provided for under the Violence victims like Jacqulene. While it is too priorities for this Congress. I urge the Against Women Act are needed now late for us to help her, we owe to the leadership not to allow another day to more than ever. Women like Jacqulene hundreds and thousands of others like pass and to bring this bill to the floor must be protected from the wrath of her to act quickly. I implore my col- for our immediate consideration. their estranged abusers. They must leagues not to let time run out for the In 1994, with the President’s strong know that there are people willing to millions of women whose lives could be support, Congress passed the landmark help them and their children escape the saved by this legislation. Violence Against Women Act, which abuse and start a new life. f established new Federal criminal pro- While domestic violence may be dis- visions and key grant programs to im- missed by some as an issue that affects REQUEST FOR PRINTING OF THE prove this nation’s criminal justice only women, it is not, it is an issue ECSTASY ANTI-PROLIFERATION system’s response to domestic violence. that affects us all. Studies show that a ACT OF 2000 IN THE CONGRES- Since that time, the number of crimes child’s exposure to the father abusing SIONAL RECORD against women has decreased. A recent the mother is the strongest risk factor Mr. GRAHAM. Mr. President, on 23 report by the Bureau of Justice Statis- for transmitting violent behavior from May 2000, I introduced the Ecstasy tics shows that the number of women one generation to the next. A signifi- Anti-proliferation Act of 2000, now experiencing violence at the hands of cant number of young males in the ju- known as S. 2612. The original bill text an intimate partner declined 21 percent venile justice system were from homes was not printed in the CONGRESSIONAL from 1993 to 1998. Under this bill, the where violence was the order of the RECORD for that day. I am resubmitting

VerDate 02-OCT-2000 03:24 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.046 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9847 the original text of the bill and ask (4) any other controlled substance, as de- Schedule I and II depressants are subject to unanimous consent that the text be termined by the Sentencing Commission in greater terms of imprisonment than cur- printed in the CONGRESSIONAL RECORD. consultation with the Attorney General, rently provided by the guidelines and that There being no objection, the bill was that is marketed as Ecstasy and that has ei- such terms are consistent with applicable ther a chemical structure substantially simi- statutory maximum penalties; and ordered to be printed in the RECORD, as lar to that of 3,4-methylenedioxy meth- (3) take any other action the Commission follows: amphetamine or and effect on the central considers to be necessary to carry out this S. 2612 nervous system substantially similar to or subsection. Be it enacted by the Senate and House of Rep- greater than that of 3,4-methylenedioxy (c) ADDITIONAL REQUIREMENTS.—In car- resentatives of the United States of America in methamphetamine; rying out this section, the United States Congress assembled, (including an attempt or conspiracy to com- Sentencing Commission shall consider— SECTION 1. SHORT TITLE. mit an offense described in paragraph (1), (2), (1) the dangers associated with the use of This Act may be cited as the ‘‘Ecstasy (3), or (4)) in violation of the Controlled Sub- the substances described in subsection (a), Anti-Proliferation Act of 2000’’. stances Act (21 U.S.C. 801 et seq.), the Con- and unlawful activity involving such sub- SEC. 2. FINDINGS. trolled Substances Import and Export Act (21 stances; Congress makes the following findings: U.S.C. 951 et seq.), or the Maritime Drug Law (2) the rapidly growing incidence of abuse (1) The illegal importation of 3,4- Enforcement Act (46 U.S.C. 1901 et seq.). of the controlled substances described in sub- methylenedioxy methamphetamine, com- (b) GENERAL REQUIREMENT.—In carrying section (a) and the threat to public safety monly referred to as ‘‘MDMA’’ or ‘‘Ecstasy’’, out this section, the United States Sen- that such abuse poses, including the dangers has increased in recent years, as evidenced tencing Commission shall, with respect to posed by overdose; and by the fact that Ecstasy seizures by the each offense described in subsection (a)— (3) the recent increase in the illegal manu- United States Customs Service have risen (1) review and amend the Federal sen- facture the controlled substances described from less than 500,000 tablets during fiscal tencing guidelines to provide for increased in subsection (a). year 1997 to more than 4,000,000 tablets dur- penalties such that those penalties are com- SEC. 5. EMERGENCY AUTHORITY TO SENTENCING ing the first 5 months of fiscal year 2000. parable to the base offense levels for offenses COMMISSION. (2) Use of Ecstasy can cause long-lasting, involving any methamphetamine mixture; The United States Sentencing Commission and perhaps permanent, damage to the sero- and shall promulgate amendments under this Act tonin system of the brain, which is funda- (2) take any other action the Commission as soon as practicable after the date of the mental to the integration of information and considers to be necessary to carry out this enactment of this Act in accordance with the emotion, and this damage can cause long- subsection. procedure set forth in section 21(a) of the (c) ADDITIONAL REQUIREMENTS.—In car- term problems with learning and memory. Sentencing Act of 1987 (Public Law 100–182), rying out this section, the United States (3) Due to the popularity and market- as though the authority under that Act had Sentencing Commission shall ensure that ability of Ecstasy, there are numerous Inter- not expired. the Federal sentencing guidelines for offend- net websites with information on its effects, ers convicted of offenses described in sub- SEC. 6. PROHIBITION ON DISTRIBUTION OF IN- production, and the locations of use, often FORMATION RELATING TO THE MAN- section (a) reflect— referred to as ‘‘raves’’. The availability of UFACTURE OR ACQUISITION OF (1) the need for aggressive law enforcement this information targets the primary users of CONTROLLED SUBSTANCES. action with respect to offenses involving the Ecstasy, who are most often college stu- Section 403 of the Controlled Substances controlled substances described in sub- dents, young professionals, and other young Act (21 U.S.C. 843) is amended by adding at section (a); and people from middle- to high-income families. the end the following: (2) the dangers associated with unlawful (4) Greater emphasis needs to be placed ‘‘(g) PROHIBITION ON DISTRIBUTION OF IN- activity involving such substances, includ- on— FORMATION RELATING TO MANUFACTURE OR ing— (A) penalties associated with the manufac- ACQUISITION OF CONTROLLED SUBSTANCES.— (A) the rapidly growing incidence of abuse ture, distribution, and use of Ecstasy; ‘‘(1) CONTROLLED SUBSTANCE DEFINED.—In of the controlled substances described in sub- (B) the education of young people on the this subsection, the term ‘controlled sub- section (a) and the threat to public safety negative health effects of Ecstasy, since the stance’ has the meaning given that term in that such abuse poses; reputation of Ecstasy as a ‘‘safe’’ drug is it’s section 102(6) of the Controlled Substances (B) the recent increase in the illegal im- most dangerous component; Act (21 U.S.C. 802(6)). portation of the controlled substances de- (C) the education of State and local law en- ‘‘(2) PROHIBITION.—It shall be unlawful for scribed in subsection (a); forcement agencies regarding the growing any person— (C) the young age at which children are be- problem of Ecstasy trafficking across the ‘‘(A) to teach or demonstrate the manufac- ginning to use the controlled substances de- United States; ture of a controlled substance, or to dis- scribed in subsection (a); and (D) reducing the number of deaths caused tribute by any means information pertaining (D) any other factor that the Sentencing by Ecstasy use and its combined use with to, in whole or in part, the manufacture, ac- Commission deems appropriate. other ‘‘club’’ drugs and alcohol; and quisition, or use of a controlled substance, (E) adequate funding for research by the SEC. 4. ENHANCED PUNISHMENT OF GHB TRAF- with the intent that the teaching, dem- FICKERS. National Institute on Drug Abuse to— onstration, or information be used for, or in (a) AMENDMENT TO FEDERAL SENTENCING (i) identify those most vulnerable to using furtherance of, an activity that constitutes a GUIDELINES.—Pursuant to its authority crime; or Ecstasy and develop science-based preven- under section 994(p) of title 28, United States ‘‘(B) to teach or demonstrate to any person tion approaches tailored to the specific needs Code, the United States Sentencing Commis- the manufacture of a controlled substance, of individuals at high risk; sion shall amend the Federal sentencing or to distribute to any person, by any means, (ii) understand how Ecstasy produces its guidelines in accordance with this section information pertaining to, in whole or in toxic effects and how to reverse neurotoxic with respect to any offense relating to the part, the manufacture, acquisition, or use of damage; manufacture, importation, or exportation of, a controlled substance, knowing or having (iii) develop treatments, including new or trafficking in— reason to know that such person intends to medications and behavioral treatment ap- (1) gamma-hydroxybutyric acid and its use the teaching, demonstration, or informa- proaches; salts; or tion for, or in furtherance of, an activity (iv) better understand the effects that Ec- (2) the List I Chemical gamma-butyro- that constitutes an offense. stasy has on the developing children and lactone; adolescents; and (including an attempt or conspiracy to com- ‘‘(3) PENALTY.—Any person who violates (v) translate research findings into useful mit an offense described in paragraph (1) or this subsection shall be fined under this tools and ensure their effective dissemina- (2)) in violation of the Controlled Substances title, imprisoned not more than 10 years, or tion. Act (21 U.S.C. 801 et seq.), the Controlled both.’’. SEC. 3. ENHANCED PUNISHMENT OF ECSTASY Substances Import and Export Act (21 U.S.C. SEC. 7. ANTIDRUG MESSAGES ON FEDERAL GOV- TRAFFICKERS. 951 et seq.), or the Maritime Drug Law En- ERNMENT INTERNET WEBSITES. (a) AMENDMENT TO FEDERAL SENTENCING forcement Act (46 U.S.C. 1901 et seq.). Not later than 90 days after the date of en- GUIDELINES.—Pursuant to its authority (b) GENERAL REQUIREMENTS.—In carrying actment of this Act, the head of each depart- under section 994(p) of title 28, United States out this section, the United States Sen- ment, agency, and establishment of the Fed- Code, the United States Sentencing Commis- tencing Commission shall with respect to eral Government shall, in consultation with sion shall amend the Federal sentencing each offense described in subsection (a)— the Director of the Office of National Drug guidelines regarding any offense relating to (1) review and amend the Federal Sen- Control Policy, place antidrug messages on the manufacture, importation, or expor- tencing guidelines to provide for increased appropriate Internet websites controlled by tation of, or trafficking in— penalties such that those penalties reflect such department, agency, or establishment (1) 3,4-methylenedioxy methamphetamine; the seriousness of these offenses and the which messages shall, where appropriate, (2) 3,4-methylenedioxy amphetamine; need to deter them; contain an electronic hyperlink to the Inter- (3) 3,4-methylenedioxy-N-ethylamphet- (2) assure that the guidelines provide that net website, if any, of the Office of National amine; or offenses involving a significant quantity of Drug Control Policy.

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.039 pfrm02 PsN: S04PT1 S9848 CONGRESSIONAL RECORD — SENATE October 4, 2000 SEC. 8. EXPANSION OF ECSTASY AND LIQUID EC- fective prevention programs for abuse of and in fine form the National League Wild STASY ABUSE PREVENTION EF- addiction to 3,4-methylenedioxy meth- FORTS. Card and the ‘‘Bronx Bombers’’ win- amphetamine or related drugs and the devel- ning the American League East Divi- (a) PUBLIC HEALTH SERVICE ASSISTANCE.— opment of appropriate strategies for dissemi- Part A of title V of the Public Health Serv- nating information about and implementing sion for the fourth time in the last five ice Act (42 U.S.C. 290aa et seq.) is amended these programs. years, the most exciting time of the by adding at the end the following: ‘‘(2) REPORT.—The Administrator shall sub- year is now upon us. New Yorkers look ‘‘SEC. 506. GRANTS FOR ECSTASY ABUSE PREVEN- mit an annual report containing the results forward to their first ‘‘subway series’’ TION. of the analyses and evaluations conducted ‘‘(a) AUTHORITY.—The Administrator may since 1956, when the Yankees beat the under paragraph (1) to— make grants to, and enter into contracts and then-Brooklyn Dodgers in seven games ‘‘(A) the Committee on Health, Education, cooperative agreements with, public and and Don Larson threw the only perfect Labor, and Pensions, the Committee on the nonprofit private entities to enable such en- Judiciary, and the Committee on Appropria- game in World Series history. We will tities— tions of the Senate; and cheer for our revered teams like no ‘‘(1) to carry out school-based programs ‘‘(B) the Committee on Commerce, the time since. concerning the dangers of abuse of and addic- Committee on the Judiciary, and the Com- tion to 3,4-methylenedioxy methamphet- First, however, the Mets head west to mittee on Appropriations of the House of amine or related drugs, using methods that take on the San Francisco Giants, a Representatives. are effective and science-based, including ‘‘(e) AUTHORIZATION.— There is authorized team they had some trouble with ear- initiatives that give students the responsi- to be appropriated to carry out this sub- lier in the season and a team to be bility to create their own antidrug abuse section— reckoned with. But the Mets have education programs for their schools; and ‘‘(1) $5,000,000 for fiscal year 2001; and picked up a lot of steam in recent ‘‘(2) to carry out community-based abuse ‘‘(2) such sums as may be necessary for weeks and finished the regular season and addiction prevention programs relating each succeeding fiscal year.’’. to 3,4-methylenedioxy methamphetamine or winning five straight. Indeed, riding (b) NATIONAL YOUTH ANTIDRUG MEDIA CAM- the arms of Al Leiter and Mike Hamp- related drugs that are effective and science- PAIGN.—In conducting the national media based. campaign under section 102 of the Drug-Free ton, and the bats of Benny Agbayani ‘‘(b) USE OF FUNDS.—Amounts made avail- Media Campaign Act of 1998 (21 U.S.C. 1801), and the venerable Mike Piazza, the able under a grant, contract or cooperative the Director of the Office of National Drug Mets are as strong as they have been in agreement under subsection (a) shall be used Control Policy shall ensure that such cam- for planning, establishing, or administering years and couldn’t be more ready for paign addresses the reduction and prevention prevention programs relating to 3,4- the Giants or whomever they may face of abuse of 3,4-methylenedioxy methamphet- methylenedioxy methamphetamine or re- next. amine or related drugs among young people lated drugs in accordance with paragraph (3). in the United States. The Yankees, on the other hand, ‘‘(c)(1) DISCRETIONARY FUNCTIONS.— Amounts provided under this section may be f have had a tough time of it lately. Los- used— THE VERY BAD DEBT BOXSCORE ing their last 15 of 18 games, one might say they did not so much race into the ‘‘(A) to carry out school-based programs Mr. HELMS. Mr. President, at the that are focused on those districts with high playoffs as limp. But this team is no- or increasing rates of abuse and addiction to close of business yesterday, Tuesday, where near down, nor anywhere near 3,4-methylenedioxy methamphetamine or re- October 3, 2000, the Federal debt stood out. No franchise in the history of the lated drugs and targeted at populations that at $5,653,358,623,363.58, five trillion, six game has had such achievement. To re- are most at risk to start abuse of 3,4- hundred fifty-three billion, three hun- gain their championship form, they methylenedioxy methamphetamine or re- dred fifty-eight million, six hundred will rely on veteran and newcomer lated drugs; twenty-three thousand, three hundred alike. Stalwarts such as Bernie Wil- ‘‘(B) to carry out community-based preven- sixty-three dollars and fifty-eight liams, Derek Jeter, and Scott Brosius tion programs that are focused on those pop- cents. ulations within the community that are Five years ago, October 3, 1995, the have proven a winning combination most at-risk for abuse of and addiction to Federal debt stood at $4,975,626,000,000, along with a seasoned pitching staff in- 3,4-methylenedioxy methamphetamine or re- cluding Andy Pettitte, Mariano Rivera lated drugs; four trillion, nine hundred seventy-five billion, six hundred twenty-six million. and ‘‘The Rocket’’ Roger Clemens. Add ‘‘(C) to assist local government entities to to this already formidable lineup conduct appropriate prevention activities re- Ten years ago, October 3, 1990, the lating to 3,4-methylenedioxy methamphet- Federal debt stood at $3,254,159,000,000, Glenallen Hill, Jose Canseco, and David amine or related drugs; three trillion, two hundred fifty-four Justice and the Yankees ought not be ‘‘(D) to train and educate State and local billion, one hundred fifty-nine million. counted out as they seek to claim their law enforcement officials, prevention and Fifteen years ago, October 3, 1985, the 26th World Championship education officials, health professionals, Federal debt stood at $1,823,105,000,000, With this in mind, I along with my members of community antidrug coalitions one trillion, eight hundred twenty- fellow New Yorkers, and Mets and and parents on the signs of abuse of and ad- diction to 3,4-methylenedioxy methamphet- three billion, one hundred five million. Yankees fans everywhere, wait not so amine or related drugs, and the options for Twenty-five years ago, October 3, patiently, cheer not so quietly, know- treatment and prevention; 1975, the Federal debt stood at ing that we may again have our subway ‘‘(E) for planning, administration, and edu- $547,355,000,000, five hundred forty- series. Good luck Mets and Yankees!∑ cational activities related to the prevention seven billion, three hundred fifty-five of abuse of and addiction to 3,4- million, which reflects a debt increase f methylenedioxy methamphetamine or re- of more than $5 trillion— lated drugs; $5,106,003,623,363.58, five trillion, one HONORING KELO-LAND TV ‘‘(F) for the monitoring and evaluation of hundred six billion, three million, six prevention activities relating to 3,4- hundred twenty-three thousand, three ∑ Mr. JOHNSON. Mr. President, it is methylenedioxy methamphetamine or re- hundred sixty-three dollars and fifty- with great honor that I rise today to lated drugs, and reporting and disseminating congratulate KELO-LAND TV of Sioux resulting information to the public; and eight cents during the past 25 years. ‘‘(G) for targeted pilot programs with eval- f Falls, South Dakota for receiving the uation components to encourage innovation ADDITIONAL STATEMENTS prestigious national Emmy award for and experimentation with new methodolo- it’s Tradition of Caring’’ public service gies. announcement. ‘‘(2) PRIORITY.—The Administrator shall CONGRATULATING THE NEW YORK give priority in making grants under this The Emmy awards nobly serve as a METS AND THE NEW YORK gateway to focusing the public’s atten- subsection to rural and urban areas that are YANKEES ON THEIR SUCCESS- experiencing a high rate or rapid increases in tion on cultural, educational, and tech- abuse and addiction to 3,4-methylenedioxy FUL SEASONS nological advances in the television in- methamphetamine or related drugs. ∑ Mr. MOYNIHAN. Mr. President, I dustry. Specifically, the purpose of the ‘‘(d)(1) PREVENTION PROGRAM ALLOCA- rise to congratulate both New York award for the Public Service An- TION.—Not less than $500,000 of the amount professional baseball clubs, the Mets nouncement—Campaign category is to available in each fiscal year to carry out this section shall be made available to the Ad- and the Yankees, on yet another out- recognize special achievements of the ministrator, acting in consultation with standing season of play. And as any fan television media establishment based other Federal agencies, to support and con- will know, the season has only just on their unmatched ability to achieve duct periodic analyses and evaluations of ef- begun. With the ‘‘Amazin’s’’ capturing excellence and originality. Within this

VerDate 02-OCT-2000 03:24 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.040 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9849 category, the outstanding achieve- toot his own horn, Dr. Templeton’s unassum- Birmingham, Ala., Templeton earned his ments KELO-TV made in it’s ‘‘Tradi- ing manner, excellent intermediary talents medical degree from the University of Ala- tion of Caring’’ public service an- and astute guidance have earned him the bama in 1973 and completed his internship nouncement led them to be chosen as widespread respect of his peers. He has and residency at the University of Alabama’s played a significant role in the advancement hospitals and clinics. Even after achieving first among four national finalists at and success of the ACR and has been an in- the highest positions in the ACR, he con- the presentation of the Emmy awards spiration to many of his colleagues in the tinues to serve the college and radiology ‘‘in in New York City. southeast. the trenches.’’ The ‘‘Tradition of Caring’’ public An ACR Fellow, Dr. Templeton became ac- Michael A. Sullivan, M.D., associate chair- service announcement culminates tively involved with the ACR fewer than 15 man of the department of diagnostic radi- three outstanding years of active com- years ago, yet has served on more than 20 ology at Ochsner Clinic in New Orleans, commissions and committees and partici- sums up Templeton’s character nicely: ‘‘Neal munity involvement by all of KELO- pated for several years on many of them. The LAND TV’s employees on behalf of is a wonderful individual who is forthright, wide range of committees he has assisted is honest and hard-working. He exemplifies the over twenty charitable organizations. a reflection of his avid interest in all aspects term ‘involved radiologist.’ ’’∑ The purpose of their public service of radiology, including accurate coding, campaign was to facilitate employee practice matters and relationships with clin- f ics and hospitals. and community involvement in local HONORING HARCUM COLLEGE’S causes. To effectively implement their ‘‘Neal is an unusually bright and char- ismatic individual, which is immediately 85th ANNIVERSARY campaign, employees were divided into evident to those he meets. It is the reason he ∑ teams based on similar interests with Mr. SANTORUM. Mr. President, I has so frequently been chosen for leader- rise today to recognize the 85th anni- each team focusing on a particular or- ship,’’ says Milton Gallant, M.D., director of versary of Harcum College. The ganization within the community. radiology at The General Hospital Center at Their personal approach to public serv- Passaic in New Jersey. ‘‘Leadership opportu- Harcum Post Graduate School was ice has not only won them an Emmy, nities, coupled with unusual statesmanship opened by Edith Hatcher, a talented but it has significantly helped organi- and hard work, have resulted in his endeav- concert pianist, and her husband ors being uniformly successful.’’ Octavius Marvin Harcum. Together zations throughout South Dakota gain Dr. Templeton has selflessly shared his positive exposure and financial assist- they chose a venture that would com- time and counsel in ACR leadership roles, be- bine her ‘‘talents as an educator and ance. ginning as vice chair for the Commission on KELO-LAND TV richly deserves this Radiologic Practice, The Commission on Ec- artist and his business vision and abil- distinguished award. It is an honor for onomics, the Committee on State and Eco- ity.’’ Harcum College opened its doors me to share with my colleagues KELO- nomic Legislation of the Commission on Ec- on October 1, 1915 in Melville Hall, with onomics, the Committee on Coding and No- TV’s exemplary leadership and strong three students and five pianos. menclature and the Commission on Govern- In its early years, Harcum was a pre- commitment to both the development ment Relations have all benefitted from his and enhancement of South Dakota’s paratory school, giving students the direction as chair. From 1992 to 1994, he skills needed to attend college. Mr. local communities through public serv- served as vice chair of the Board of ice. I strongly commend their advance- Chancellors. The following two years he Harcum was the first President, but ments in the television industry, and I served as chairman of the board while also when he died tragically in a car acci- am very pleased that their substantial serving as chairman of the Commission on dent in 1920, Edith assumed the Presi- Government Relations. In 1996 he was elected dency. She remained in that position efforts have found such extraordinary ACR president. success.∑ for more than 30 years. The college Bibb Allen Jr., M.D., one of Templeton’s continued to grow, yet it was a propri- f partners at Birmingham Radiological Group, saw firsthand the sacrifices Templeton will- etary institution and faced financial TRIBUTE TO DR. EMMETT O. ingly made during his tenure on the Board of difficulties. In 1952 it could no longer TEMPLETON Chancellors. ‘‘Neal spent the vast majority be run as a profitable enterprise; Edith ∑ Mr. SHELBY. Mr. President, I rise of his personal time away from the hospital declared bankruptcy. today to honor Dr. Emmett O. conducting the business of the college,’’ The Junto Adult School was a non- Allen says. ‘‘All radiologists have benefitted Templeton of Birmingham, Alabama profit educational corporation founded from Neal’s leadership and skill.’’ by Benjamin Franklin. It purchased who recently received the American Dr. Templeton is also a member of the Ra- College of Radiology’s (ACR) Gold diology Residency Review Committee, the the assets of Harcum and decided to Medal. Dr. Templeton currently chairs AMA Practice Expense Advisory Committee, use it as a two-year college for women. the department of radiology at AMA–CPT Editorial Panel, the Government Philip Klein assumed leadership, and in Montclair Baptist Medical Center in Relations Oversight Committee and the 1955, Pennsylvania granted Harcum Practice Expense Advisory Committee panel. permission to be the first junior col- Birmingham and continues to faith- His effective management style has made fully serve the community. lege in the Commonwealth’s history to him an accomplished mediator. He is well confer the Associate of Arts and Dr. Templeton is an extraordinary known for his concern and support for tech- individual who, as Chairman of the nologists, office managers and office staff, Science degrees. board of Chancellors of the American recognizing the importance of their role in Throughout the years, tremendous College of Radiology, made a lasting the practice of radiology. According to Bar- expansion of facilities has occurred yet impression on Members of Congress by bara E. Chick, M.D., past councilor, chan- Harcum remains committed to its cellor and vice president of the ACR, ‘‘His original philosophies. Harcum College his straight-talking style. He served availability to meet with anyone, at any his specialty, radiology, and the na- embraces a value system based on four time, to help problem-solve was a great asset principles: a respect for and apprecia- tion’s public policy in health by deal- to the field of radiology when the ‘‘turf’’ bat- ing with problems head-on and working tles were so common.’’ Chick adds, ‘‘I believe tion of diversity; the ability to make to find solutions. Dr. Templeton has his keen insight has been beneficial to many sound ethical and moral choices; the been an asset to all of us in Congress practices in their marketing and reimburse- need to take responsibility for self and and is deserving of the ACR Gold Medal ment activities.’’ others; and a commitment to lifelong Templeton has a unique knowledge of which recognizes his marvelous learning. All members of the Harcum radiologic practice and economic matters. community are committed to the suc- achievements. He has been appointed to the boards of HMO In addition, I have included the re- and PPO organizations as a result of the cess of one another. marks made in the ACR Bulletin about model hospital and imaging center practices Harcum College has always placed Dr. Templeton and why he has been he has demonstrated in his own practice. One learning first and is committed to pro- awarded the Gold Medal. of the highlights of his career was his stew- viding individualized educational expe- ardship of diagnostic imaging centers as an riences for a diverse community of EMMETT O. TEMPLETON, M.D. alternative to private office or hospital prac- learners. Harcum educated students in At 53, Emmett ‘‘Neal’’ Templeton, M.D., is tice. He was an early expert in this concept the arts and occupational skills, and in one of the youngest recipients of the ACR during a time when the recognition of radi- Mrs. Harcum’s words, the college re- Gold Medal. A unique and talented radiolo- ologists as ‘‘physicians’’ was not unequivo- gist, Dr. Templeton is perhaps best known cal. spected each student as an ‘‘individual for his outstanding contributions and dedi- Currently chair of the department of radi- with personal needs, interests, apti- cated service to the college. Never one to ology at Montclair Baptist Medical Center, tudes, and aspirations.’’

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.052 pfrm02 PsN: S04PT1 S9850 CONGRESSIONAL RECORD — SENATE October 4, 2000 I commend Harcum College for its TRIBUTE TO CAPTAIN JOSEPH E. the Joint Staff’s Strategic Plans and accomplishments and commitment to BAGGETT Policy Directorate, as Deputy Assist- education. Harcum has faced many ∑ Mr. HUTCHINSON. Mr. President, I ant Judge Advocate General for Inter- challenges over the years, and I con- rise today to recognize and honor Cap- national Law, and as the Defense De- gratulate the institution as it remains tain Joseph E. Baggett, Judge Advo- partment Representative for Ocean an outstanding educational facility.∑ cate Generals’ Corps, United States Policy, where he was pivotal in devel- Navy, upon his retirement after twen- oping United States policy on a variety f ty-nine years of devoted, active duty of issues, including issues involving the service in our great nation’s Navy. newly formed Russian Federation. 2000 NATIONAL DISTINGUISHED Captain Baggett was born into a With this comprehensive top-level, PRINCIPALS AWARD military family. The son of a career en- international legal perspective, Cap- listed Marine, Captain Baggett grew up tain Baggett was the obvious choice to ∑ Mr. MURKOWSKI. Mr. President, I in the presence of the United States become the Counsel for National Secu- would like to take a moment to con- Navy in such diverse locations as Naval rity to the Deputy Attorney General of gratulate an exceptional elementary Air Station Pensacola, Marine Corps the United States. school principal, Mr. Karl Schleich of Base, Camp Lejeune, and the United Returning to the Fleet as the Senior Wasilla, Alaska. He is the 2000 recipi- Kingdom. Raised with the values of Staff Judge Advocate for the Com- ent of the National Distinguished Prin- Honor, Courage, and Commitment, and mander in Chief, U.S. Atlantic Fleet, cipals Award for Alaska. with a family tradition of service, it Captain Baggett was a major influence only made sense that he too would pur- in high-level decisionmaking related to The National Distinguished Prin- sue a military career. all aspects of Fleet operations, includ- cipals Program (NDP) was established Captain Baggett graduated Phi Beta ing environmental coordination and in 1984 as an annual event to honor ele- Kappa from Tulane University in May enforcement, rules of engagement, mentary and middle school principals 1971, and entered the Navy through medical law, military justice, and the who set the pace, character, and qual- Tulane’s Naval Reserve Officer Train- legal aspects of shore activity manage- ity of the education children receive ing Corps. At that time Captain ment. Captain Baggett’s subsequent during their early school years. The Baggett raised his hand and took his tour as the Commanding Officer of the program is jointly sponsored by the oath to support and defend the Con- Navy’s flagship Naval Legal Service Of- U.S. Department of Education and the stitution. In the years since that day fice, in Norfolk, Virginia, dem- National Association of Elementary he has devoted indeed all of his great onstrated once again his exceptional School Principals (NAESP). It calls at- energy, talent, and intellect to that leadership skills. Here he mentored the tention to the fundamental importance task. He has been steadfast in his cov- young men and women of the Navy’s of the school principal in achieving enant to this nation and his devotion legal community about the operational educational excellence for pre-kinder- to those with whom he has served. An imperatives of the Navy, and con- garten through eighth grade students. illustrious career gives eloquent testi- stantly stressed the paramount need to Mr. Schleich’s reputation for getting mony to his service to our country and serve the Fleet. things done was established in south- to our Navy’s legal community. Captain Baggett’s wealth of expertise east Alaska when, in his first position After two tours as a Supply Corps of- of Navy won him the assignment as Di- as an educational leader, he oversaw ficer, including service onboard USS rector of the Legislation Division in the creation of a grade 6–8 middle Rich (DD–820), he entered the Navy’s the Navy’s Office of Legislative Affairs. school in a former grade 7–12 building Law Education Program and com- In this capacity his consistent sound and then founded a regional associa- menced the study of law at Tulane Uni- judgment and flawless tact ensured tion to support others making similar versity. After earning his Juris Doctor Navy issues were properly conveyed to transitions. As an assistant principal, degree in 1977, his first tour of duty as Senate Committees and Subcommit- he helped model a middle school pro- a Navy Judge Advocate was at Naval tees. gram that received statewide and na- Legal Service Office, Jacksonville, Standing beside this officer through- tional attention. In his role as prin- Florida where he served as a formi- out his career has been his wife Su- cipal at Snowshoe Elementary School, dable military prosecutor tirelessly zanne, a lady to whom he owes much. he has boosted school improvement ef- pursuing justice on behalf of the Navy. She has been his key supporter, devot- Captain Baggett’s subsequent tours forts, developed and trained staff in ing her life to her husband, to their demonstrate his exceptional talent for schoolwide assessments of writing, two sons, Merritt and Graham, and to international and operational law, his reading comprehension, and early lit- the men and women of the Navy fam- unsurpassed academic credentials, and eracy skills, as well as portfolios of ily. She has traveled by his side for his desire to serve the Fleet wherever children’s work. Karl Schleich is com- these many years. Her sacrifice and de- required. In such diverse assignments votion have served as an example and mended by his colleagues for his un- as Commander Middle East Force on- common interpersonal skills and en- inspiration for others. board USS LaSalle (AGF–3) and USS With these words before the Senate, I ergy that he has demonstrated in his 12 Coronado (AGF–11), Commander Ice- seek to recognize Captain Baggett for years as a principal. land Defense Force, and Commander his unswerving loyalty to the Navy and Our Nation’s future depends on to- Sixth Fleet, serving onboard USS the Nation. The Department of the day’s educators. Currently, 40 percent Belknap (CG–26) and USS Iowa (BB–61), Navy and the American people have of America’s 4th graders read below the Captain Baggett’s legal acumen and been served well by this dedicated basic level on national reading tests. diplomatic skill repeatedly helped safe- naval officer. He will be missed. He has On international tests, the nation’s guard America’s Interests and project left the Navy better prepared to face 12th graders rank last in Advanced America’s presence in these often com- the challenges and opportunities of the Physics compared with students in 18 plex areas of the world. Interspersed 21st century. We thank him and wish other countries. And one-third of all were tours in Navy’s Office of Legisla- Joe, and his lovely wife Suzanne, fair incoming college freshmen must enroll tive Affairs, the International Law Di- winds and following seas as they con- in a remedial reading, writing, or vision of the Office of the Judge Advo- tinue forward in what will most as- mathematics class before taking reg- cate General, and the University of suredly remain lives of service to this ular courses. This country is in need of Miami where he earned a Masters of Great Nation.∑ more devoted and talented educators. I Law degree in Ocean and Coastal Law. f commend Mr. Schleich for his hard With his vast experience with for- work and dedication to our children. ward-deployed, operational forces, Cap- EDWIN J. KUNTZ He is educating those who will lead tain Baggett was able to quickly con- ∑ Mr. BURNS. Mr. President, I rise this country in creating, developing, tribute to a number of vital, National- today to announce the passing of an and putting to work new ideas and level issues in subsequent Washington outstanding leader in the agriculture technology.∑ staff assignments, including tours on community of Montana. I first met Ed

VerDate 02-OCT-2000 03:24 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.051 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9851 Kuntz and his family in the 1960’s. He and an inspiring, uncompromising lead- people of the region, General Zinni and his family lived in the small com- er. During his 36 year military career, earned the respect and administration munity of Custer, Montana. They General Zinni’s intellect, candor, and of the area’s national leaders. There is farmed small grain, sugar beets and fed unshakeable optimism have had a pro- no question that he was the right man cattle. It was a typical diversified found, positive influence on the U.S. in the right place at the right time. farming operation found on the many Armed Forces from the Quang Nam While we acknowledge the long list of irrigation projects along the Yellow- province of Vietnam to the sheikdoms General Zinni’s accolades, we recognize stone River. of the Middle East, and a hundred that the challenges of military life are Ed was a little different. He was not points in between. A life long adven- most successfully accomplished as a only of the land but was of the people ture that began in a small Pennsyl- team effort. General Zinni’s wife, who lived on the land and called it vania town on the banks of the Debbie, and their children Lisa, Tony, home. Just another average American Schuykill River has taken him around and Maria have shared the challenges of the silent Americans who served this the world and to the top echelons of and rewards of General Zinni’s military country when asked and served his military leadership. life. The journey which brought Gen- community when no one else would. A first generation American, General eral Zinni to Central Command, the Average? Not at all. Nothing could be Zinni began his service to the nation in hallmark of his distinguished military further from the truth. 1961. His father, Antonio Zinni, who career, would not have been possible His service to his community and immigrated from Italy and fought for without the unconditional and loving neighbors did not stop at the county his adopted country in the trenches of support of his family. line. He was an excellent farmer and France in World War I, and his mother, On behalf of a grateful nation, I con- stockman. His love and respect for the Lilla, instilled in General Zinni an un- gratulate you and your family for your sugar industry took him to national conditional devotion to the principles service to the Nation, the Armed leadership where he was one of their of American freedom and liberty and a Forces and to the Marine Corps. Sem- most respected leaders. With the de- profound respect for military service. per Fi! General, as a former Maine, I mands on the farm and dedication to a On his first day of classes at Villanova salute you on the floor of the U.S. Sen- family, he still found time to work for University, with the lessons of his par- ate.∑ the sugar beet industry not only for ents in mind, General Zinni joined the f himself but his neighbors. I know first Marine Corps. From the Augustinians hand the impact he had on this town of and the Marine Corps Drill Instructors, IDAHO’S OLYMPIC CHAMPIONS Washington as he represented the General Zinni developed an intellectual ∑ Mr. CRAIG. Mr. President, I rise many sugar growers across the coun- prowess and professional military acu- today to congratulate two Idaho ath- try. men that would distinguish him as a letes who have made America proud in He was born May 3, 1926 in Billings, ‘‘cut above’’ throughout his career. the 2000 Olympic Games. Montana. He was educated and grad- Beginning with two combat tours in Stacy Dragila from Pocatello, Idaho uated from Custer High School in 1944 Vietnam, General Zinni embarked on a soared to the top of her sport, bringing and enlisted in the Army Air Corps and series of assignments that reflect the home the gold medal. She pole vaulted trained as a gunner on a B–17. While on myriad missions to which the military fifteen feet, one inch in Sydney, Aus- furlough, he married his high school has been deployed in the latter part of tralia on September 25th. Stacy de- sweetheart, Peg Qusest. This December the 20th Century—combat operations, serves recognition because she is more they would have been celebrating being humanitarian operations, peacekeeping than an athlete. She gives back to her married 56 years. and peace enforcement. Following sport by working as an assistant track Ed became a director on the Moun- Vietnam, General Zinni participated in coach at Idaho State University. tain States Beet Growers Association humanitarian relief operations in the Idahoan Charles Burton is another and served 35 years on that board. He Philippines and in Northern Iraq. He Idaho Olympian. He finished his round was treasurer for more years than any- commanded U.S. military forces in So- of wrestling competition on October body can count and president for 10 malia and also commanded the task first, coming in at fifth place. Charles years. He also served on the board of force responsible for safeguarding the wrestled at Centennial High School in directors of the American Sugar Beet withdrawal of U.N. peacekeeping forces Boise and Boise State University. He Association in Washington, D.C. and from Somalia in 1995. has been called the ‘‘U.S. Olympic devoted many hours away from the In August 1997, General Zinni, recog- Wrestling Team’s most hidden gem,’’ farming operation and family. nized as one of the most operationally and I’m proud he represented our gem He is survived by his wife, Peg of competent, most experienced and most state in Sydney. Custer, Montana, a daughter, Belva; 2 versatile military leaders in uniform, The hard work and determination of sons, Rick and Cody. was selected by the President to be the Idaho’s Olympic Athletes is an inspira- By paying our respect to Ed Kuntz, Commander in Chief of United States tion to us all. They have demonstrated we acknowledge the unsung leaders Central Command. Following a unani- the best of our State and our Nation, across this land who silently build a mous confirmation vote by this cham- and I am proud to congratulate both nation every day. He was just one that ber, General Zinni spent the next three Stacy and Charles for their personal has been described as being a part of years representing the United States achievement and the honor in which the greatest generation.∑ and ensuring the security of U.S. inter- each represented Idaho and the United f ests in one of the most challenging States of America.∑ areas of the world. f TRIBUTE TO GENERAL ANTHONY As many of my colleagues are aware, ZINNI, USMC (RET.) United States Central Command en- TRIBUTE TO LOWELL GUTHRIE ∑ Mr. WARNER. Mr. President, I rise compasses a region that includes 25 na- ∑ Mr. MCCONNELL. Mr. President, I today to pay tribute to General An- tions, extending from Egypt and the rise today to pay tribute to my good thony Zinni, United States Marine Horn of Africa through the Arabian Pe- friend Lowell Guthrie for his commit- Corps, on the occasion of his comple- ninsula and Gulf States, to the newly ment to higher education, and his gen- tion of a successful tour of duty as independent central Asian nations and erosity to the students at Western Ken- Commander in Chief, United States Pakistan. While abundant in cultural, tucky University in Bowling Green, Central Command, and his retirement ethnic and religious diversity, these Kentucky. from active duty after 36 years of loyal same enriching features are also the I have had the privilege of knowing service. I offer these remarks with source of deep-rooted, historic animos- Lowell for many years and have wit- great respect for General Zinni, a true ities—animosities within the region nessed his compassion for others on nu- American patriot and a Marine’s Ma- and toward the United States. Guided merous occasions. Lowell has a kind rine. by his imperative to genuinely under- heart and a giving spirit, and he con- General Zinni is a remarkable indi- stand the unique perspective of a soci- stantly thinks of ways to improve the vidual, a distinguished combat soldier, ety and his desire to work with the quality of life for others. Lowell has

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.092 pfrm02 PsN: S04PT1 S9852 CONGRESSIONAL RECORD — SENATE October 4, 2000 built a successful business in Bowling component a leave of absence for participa- the Senate to the bill (H.R. 707) to Green and is an active member of the tion in an honor guard for a funeral of a vet- amend the Robert T. Stafford Disaster Bowling Green community. He is a eran. Relief and Emergency Assistance Act H.R. 534. An act to amend chapter 1 of title leader in education, providing opportu- 9, United States Code to provide for a greater to authorize a program for predisaster nities for his employees and for others fairness in the arbitration process relating mitigation, to streamline the adminis- whom he does not know by funding to motor vehicle franchise controls. tration of disaster relief, to control the scholarships to Western Kentucky Uni- H.R. 848. An act for the relief of Sepandan federal costs of disaster assistance, and versity. He has consistently been a Farnia and Farbod Farnia. for other purposes, with an amendment contributor to WKU and has now H.R. 2820. An act to provide for the owner- to the Senate amendment. ship and operation of the irrigation works on The message further announced that stepped up as a leader in Western’s In- the Salt River Pima-Maricopa Indian Com- vesting in the Spirit capital campaign munity’s reservation in Maricopa County, the House has disagreed to the amend- with a $1.8 million gift to provide stu- Arizona, by the Salt River Pima-Maricopa ment of the Senate to the bill (H.R. dent scholarships and to construct a Indian Community. 4942) making appropriations for the clock and bell tower on the WKU cam- H.R. 3184. An act for the relief of Zohreh government of the District of Columbia pus. Farhang Ghahfarokhi. and other activities chargeable in H.R. 3414. An act for the relief of Luis A. The clock and bell tower will stand whole or in part against the revenues Leon-Molina, Ligia Padron, Juan Leon of said District for the fiscal year end- in ‘‘The Guthrie Plaza’’ in memory of Padron, Rendy Leon Padron, Manuel Leon Lowell’s brother, Sgt. 1st Class Robert Padron, and Luis Leon Padron. ing September 30, 2001, and for other Guthrie, an American soldier who died H.R. 3484. An act to amend title 18, United purposes, and agree to the conference in the Korean War, and it will honor all States Code, to provide that certain sexual asked by the Senate on the disagreeing those associated with WKU who have crimes against children are predicate crimes votes of the two Houses thereon. That lost their lives in service to their coun- for the interception of communications, and Mr. ISTOOK, Mr. CUNNINGHAM, Mr. for other purposes. TIAHRT, Mr. ADERHOLT, Mrs. EMERSON, try. The courtyard area of The Guthrie H.R. 3850. An act to amend the Commu- Mr. SUNUNU, Mr. YOUNG of Florida, Mr. Plaza will be constructed in honor of nications Act of 1934 to promote deployment Lowell’s wife, Judith Carolyn Guthrie. of advanced services and foster the develop- MORAN of Virginia, Mr. DIXON, Mr. The tower and courtyard will en- ment of competition for the benefit of con- MOLLOHAN, and Mr. OBEY, be the man- hance the appearance of WKU’s campus sumers in all regions of the nation by reliev- agers of the conference on the part of but more importantly it will serve as a ing unnecessary burdens on the Nation’s two the House. reminder to thousands of students and percent local exchange telecommunications carriers, and for other purposes. At 3:18 p.m., a message from the alumni of those who sacrificed their H.R. 4022. An act regarding the sale and House of Representatives, delivered by lives so that we may have freedom. transfer of Moskit anti-ship missiles by the Ms. Niland, one of its reading clerks, Lowell’s generosity and his commit- Russian Federation. announced that the House has passed ment to education will ensure that H.R. 4216. An act to amend the Workforce the following bill, in which it requests hundreds of students from all back- Investment Act of 1998 to expand the flexi- the concurrence of the Senate: grounds will receive a quality edu- bility of customized training, and for other purposes. H.R. 4828. An act to designate the Steens cation and the opportunity to succeed H.R. 4389. An act to direct the Secretary of Mountain Wilderness Area and the Steens in whatever field of study they choose. the Interior to convey certain water dis- Mountain Cooperative Management and Pro- On behalf of myself and my col- tribution facilities to the Northern Colorado tection Area in Harney County, Oregon, and leagues in the United States Senate, I Water Conservancy District. for other purposes. offer heartfelt thanks to Lowell and to H.R. 4503. An act to provide for the preser- The message also announced that the the entire Guthrie family for their con- vation and restoration of historic buildings House disagrees to the amendment of tinuing commitment to Western Ken- at historically women’s public colleges or the Senate to the bill (H.R. 820) to au- universities. tucky University, their community H.R. 4721. An act to provide for all right, thorize appropriations for fiscal years and to the education of America’s title, and interest in and to certain property 2000 and 2001 for the Coast Guard, and youth.∑ in Washington County, Utah, to be vested in for other purposes, and agrees to the f the United States. conference asked by the Senate on the H.R. 5139. An act to provide for the convey- disagreeing votes of the two Houses MESSAGES FROM THE HOUSE ance of certain real property at the Carl Vin- thereon. That Mr. SHUSTER, Mr. YOUNG At 1:09 p.m. a message from the son Department of Veterans Affairs Medical of Alaska, Mr. GILCHREST, Mr. House of Representatives, delivered by Center, Dublin, Georgia. H.R. 5178. An act to require changes in the DEFAZIO, and Mr. BAIRD, be the man- Mr. Hays, one of its reading clerks, an- bloodborne pathogens standard in effect agers of the conference on the part of nounced that the House has passed the under the Occupational Safety and Health the House. following bills, without amendment: Act of 1970. The messages further announced that S. 366. An act to amend the National Trails H.R. 5266. An act for the relief of Saeed the House disagrees to the amendment System Act to designate El Camino Real de Rezai. of the Senate to the bill (H.R. 4392) to Tierra Adentro as a National Historic Trail. H.R. 5331. An act to authorize the Fred- authorize appropriations for fiscal year S. 1198. An act to establish a 3-year pilot erick Douglass Gardens, Inc., to establish a 2001 for intelligence and intelligence- memorial and gardens on Department of the project for the General Accounting Office to related activities of the United States report to Congress on economically signifi- Interior lands in the District of Columbia or cant rules of Federal agencies, and for other its environs in honor and commemoration of Government, the community Manage- purposes. Frederick Douglass. ment Account, and the Central Intel- S. 2045. An act to amend the Immigration The message further announced that ligence Agency Retirement and Dis- and Nationality Act with respect to H–1B the House has agreed to the following ability System, and for other purposes, nonimmigrant aliens. concurrent resolutions, in which it re- and agrees to the conference asked by S. 2272. An act to improve the administra- quests the concurrence of the Senate: the Senate on the disagreeing votes of tion efficiency and effectiveness of the Na- H. Con. Res. 64. Concurrent resolution rec- the two Houses thereon. That the fol- tion’s abuse and neglect courts and for other lowing Members be the managers of the purposes consistent with the Adoption and ognizing the severity of the issue of cervical Safe Families Act of 1997. health, and for other purposes. conference on the part of the House: H. Con. Res. 133. Concurrent resolution rec- From the Permanent Select Com- The message also announced that the ognizing the severity of the disease of colon mittee on Intelligence, for consider- House has passed the following bills, in cancer, the preventable nature of the dis- ation of the House bill and the Senate which it requests the concurrence of ease, and the need for education in the areas amendment, and modifications com- the Senate: of prevention and early detection, and for other purposes. mitted to conference: Mr. GOSS, Mr. H.R. 238. An act to improve the prevention LEWIS of California, Mr. MCCOLLUM, and punishment of criminal smuggling, H. Con. Res. 390. Concurrent resolution ex- Mr. CASTLE, Mr. BOEHLERT, Mr. BASS, transporting, and harboring of aliens, and pressing the sense of the Congress regarding other purposes. Taiwan’s participation in the United Nations Mr. GIBBONS, Mr. LAHOOD, Mrs. WIL- H.R. 284. An act to amend title 38, United and other international organizations. SON, Mr. DIXON, Ms. PELOSI, Mr. States Code, to require employers to give The message also announced that the BISHOP, Mr. SISISKY, Mr. CONDIT, Mr. employees who are members of a reserve House has agreed to the amendment of ROEMER, and Mr. HASTINGS of Florida.

VerDate 02-OCT-2000 03:24 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.109 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9853

ENROLLED BILLS SIGNED EC–10986. A communication from the Spe- ceived on September 28, 2000; to the Com- At 5:32 p.m. a message from the cial Assistant to the Bureau Chief, Mass mittee on Commerce, Science, and Transpor- House of Representatives, delivered by Media Bureau, Federal Communications tation. Mr. Hays, one of its reading clerks, an- Commission, transmitting, pursuant to law, EC–10994. A communication from the As- the report of a rule entitled ‘‘Amendment of sistant Bureau Chief, Management, Inter- nounced that the Speaker has signed Section 73 .202(b), Table of Allotments, FM national Bureau Telecommunications Divi- the following enrolled bills: Broadcast Stations (Sheffield, Pennsylvania; sion, Federal Communications Commission, S. 302. An act for the relief of Kerantha Erie, Illinois; and Due West, South Caro- transmitting, pursuant to law, the report of Poole-Christian. lina)’’ (MM Docket No. 00–60; 00–61; and 00–62) a rule entitled ‘‘Order on Reconsideration in H.R. 4365. An act to amend the Public received on October 2, 2000; to the Committee the Matter of Rules and Policies on Foreign Health Service Act with respect to children’s on Commerce, Science, and Transportation. Participation in the U.S. Telecommuni- health. EC–10987. A communication from the Spe- cations Market’’ (IB Docket No. 97–142, FCC f cial Assistant to the Bureau Chief, Mass 00–339) received on September 28, 2000; to the Media Bureau, Federal Communications Committee on Commerce, Science, and EXECUTIVE AND OTHER Commission, transmitting, pursuant to law, Transportation. COMMUNICATIONS the report of a rule entitled ‘‘Amendment of EC–10995. A communication from the Ad- The following communications were Section 73 .202(b), Table of Allotments, FM ministrator of the National Aeronautics and laid before the Senate, together with Broadcast Stations (Pitkin, Lake Charles, Space Administration, transmitting, pursu- accompanying papers, reports, and doc- Moss Bluff and Reeves, LA, and Crystal ant to law, a report entitled ‘‘NASA 2000 Beach, Galveston, Missouri City and Rosen- Strategic Plan’’; to the Committee on Com- uments, which were referred as indi- berg, TX)’’ (MM Docket No. 9926) received on merce, Science, and Transportation. cated: October 2, 2000; to the Committee on Com- EC–10996. A communication from the Sec- EC–10978. A communication from the Dis- merce, Science, and Transportation. retary of Defense, transmitting, a notice rel- trict of Columbia Auditor, transmitting, pur- EC–¥10988. A communication from the ative to three retirements; to the Committee suant to law, the report entitled ‘‘Manage- Special Assistant to the Bureau Chief, Mass on Armed Services. ment and Accounting Deficiencies in the Media Bureau, Federal Communications EC–10997. A communication from the Chief District’s Excess and Surplus Property Pro- Commission, transmitting, pursuant to law, of the Programs and Legislation Division, gram’’; to the Committee on Governmental the report of a rule entitled ‘‘Amendment of Office of the Legislative Liaison, Depart- Affairs. Section 73 .202(b), Table of Allotments, FM ment of the Air Force, transmitting, pursu- EC–10979. A communication from the Dis- Broadcast Stations (Jacksonville, GA, Las ant to law, a report relative to a cost com- trict of Columbia Auditor, transmitting, pur- Vegas, NM, Vale, OR, Waynesboro, GA, parison of Multiple Support Functions at suant to law, the report entitled ‘‘District’s Fallon, NV, Weiser, OR)’’ (MM Docket Nos. Randolph Air Force Base, Texas; to the Com- Privatization Initiatives Flawed by Non- 00–84, RM–9855; 00–85, RM–9868; 00–86, RM– mittee on Armed Services. compliance and Poor Management’’; to the 9869; 00–89, RM–9872; 00–111 , RM–9900; 00–112, EC–10998. A communication from the Committee on Governmental Affairs. RM–9901) received on October 2, 2000; to the Chairman of the Federal Energy Regulatory EC–10980. A communication from the Act- Committee on Commerce, Science, and Commission, transmitting, pursuant to law, ing Director of the Office of Government Transportation. a report relative to the strategic plan for Ethics, transmitting, pursuant to law, a re- EC–10989. A communication from the Asso- 20002005; to the Committee on Energy and port relative to the strategic plan for fiscal ciate Bureau Chief, Wireless Telecommuni- Natural Resources. years 2001–2006; to the Committee on Govern- cations Bureau, Federal Communications EC–10999. A communication from the Asso- mental Affairs. Commission, transmitting, pursuant to law, ciate Administrator, Agricultural Marketing EC–10981. A communication from the Exec- the report of a rule entitled ‘‘Fourth Memo- Service, Department of Agriculture, trans- utive Director of the Advisory Council on randum Opinion and Order in CC Docket 94– mitting, pursuant to law, the report of a rule Historic Preservation, transmitting, pursu- 102 Regarding Enhanced 911 Emergency Call- entitled ‘‘Raisin Produced From Grapes ant to law, a report relative to commercial ing Systems’’ (FCC 00–326, CC Doc. 94–102) re- Grown in California; Decreased Assessment activities inventory; to the Committee on ceived on October 2, 2000; to the Committee Rate’’ (Docket Number: FV00–989–5 IFR) re- Governmental Affairs. on Commerce, Science, and Transportation. ceived on September 28, 2000; to the Com- EC–10982. A communication from the Spe- EC–10990. A communication from the Chief, mittee on Agriculture, Nutrition, and For- cial Assistant to the Bureau Chief, Mass Office of Plans and Policy, Federal Commu- estry. Media Bureau, Federal Communications nications Commission, transmitting, pursu- EC–11000. A communication from the Asso- Commission, transmitting, pursuant to law, ant to law, the report of a rule entitled ciate Administrator, Agricultural Marketing the report of a rule entitled ‘‘Amendment of ‘‘Compatibility Between Cable Systems and Service, Department of Agriculture, trans- Section 73 .202(b), Table of Allotments, FM Consumer Electronics Equipment’’ (PP Doc. mitting, pursuant to law, the report of a rule Broadcast Stations (Andalusia, Alabama and 0067, FCC 00–342) received on October 2, 2000; entitled ‘‘Increase in Fees and Charges for Holt, Florida)’’ (MM Docket No. 00–17;RM– to the Committee on Commerce, Science, Egg, Poultry, and Rabbit Grading’’ (RIN0581– 9814) received on October 2, 2000; to the Com- and Transportation. AB89) received on September 28, 2000; to the mittee on Commerce, Science, and Transpor- EC–10991. A communication from the Chief, Committee on Agriculture, Nutrition, and tation. Policy and Rules Division, Office of Engi- Forestry. EC–10983. A communication from the Spe- neering and Technology, Federal Commu- EC–11001. A communication from the Regu- cial Assistant to the Bureau Chief, Mass nications Commission, transmitting, pursu- latory Policy Officer, Bureau of Alcohol, To- Media Bureau, Federal Communications ant to law, the report of a rule entitled bacco and Firearms, Department of the Commission, transmitting, pursuant to law, ‘‘Amendment of Part 15 of the Commission’s Treasury, transmitting, pursuant to law, the the report of a rule entitled ‘‘Amendment of Rules Regarding Spread Spectrum Devices’’ report of a rule entitled ‘‘Implementation of Section 73 .202(b), Table of Allotments, FM (ET Docket No. 99–231, FCC 00–312) received Public Law 105–33, Section 9302, Relating to Broadcast Stations, Bristol, Vermont’’ (MM on October 2, 2000; to the Committee on Com- the Imposition of Permit Requirements on Docket No. 99–260, RM–9686) received on Oc- merce, Science, and Transportation. the Manufacture of Roll-Your-Own Tobacco tober 2, 2000; to the Committee on Com- EC–10992. A communication from the Asso- (98R–370P)’’ (RIN1512–AB92) received on Octo- merce, Science, and Transportation. ciate Bureau Chief, Wireless Telecommuni- ber 2, 2000; to the Committee on Finance. EC–10984. A communication from the Spe- cations Bureau, Federal Communications EC–11002. A communication from the cial Assistant to the Bureau Chief, Mass Commission, transmitting, pursuant to law, Chairman of the International Trade Com- Media Bureau, Federal Communications the report of a rule entitled ‘‘Replacement of mission, transmitting, pursuant to law, a re- Commission, transmitting, pursuant to law, Part 90 by Part 88 to Revise the Private Land port on the Andean Trade Preference Act the report of a rule entitled ‘‘Amendment of Mobile Radio Services and Modify the Poli- (ATPA); to the Committee on Finance. Section 73 .202(b), Table of Allotments, FM cies Governing Them and Examination of EC–11003. A communication from the As- Broadcast Stations (Rangely, Silverton and Exclusivity and Frequency Assignments sistant to the Board of Governors of the Fed- Ridgway, Colorado)’’ (MM Docket No. 99–151) Policies of the Private Land Mobile Radio eral Reserve System, transmitting, pursuant received on October 2, 2000; to the Committee Services, Third Memorandum Opinion and to law, the report of a rule entitled ‘‘Regula- on Commerce, Science, and Transportation. Order’’ (FCC 99–138, PR Docket No. 92–235) re- tion Z (Truth-in-Lending)’’ (R–1070) received EC–10985. A communication from the Spe- ceived on September 28, 2000; to the Com- on September 29, 2000; to the Committee on cial Assistant to the Bureau Chief, Mass mittee on Commerce, Science, and Transpor- Banking, Housing, and Urban Affairs. Media Bureau, Federal Communications tation. EC–11004. A communication from the As- Commission, transmitting, pursuant to law, EC–10993. A communication from the Pro- sistant General Counsel for Regulations, Of- the report of a rule entitled ‘‘Amendment of gram Analyst, Federal Aviation Administra- fice of the Secretary, Department of Housing Section 73 .202(b), Table of Allotments, FM tion, Department of Transportation, trans- and Urban Development, transmitting, pur- Broadcast Stations Rocksprings, Texas’’ mitting, pursuant to law , the report of a suant to law, the report of a rule entitled (MM Docket No. 99–336) received on October rule entitled ‘‘Air Tour Operations in the ‘‘Fair Market Rents: Increased Fair Market 2, 2000; to the Committee on Commerce, State of Hawaii ; docket no. 27919; SFAR 71 Rents and Higher Payment Standards for Science, and Transportation. [9–29/9–28]’’ (RIN2120–AG44) (2000–0001) re- Certain Areas’’ (RIN2501–AC75) (FR–4606–I–01)

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.043 pfrm02 PsN: S04PT1 S9854 CONGRESSIONAL RECORD — SENATE October 4, 2000 received on October 2, 2000; to the Committee ber 3, 2000; to the Committee on Environ- ‘‘Automatic approval of changes in funding on Banking, Housing, and Urban Affairs. ment and Public Works. methods’’ (Revenue Procedure 2000–40) re- EC–11005. A communication from the Exec- EC–11016. A communication from the Dep- ceived on October 3, 2000; to the Committee utive Director of the Emergency Oil and Gas uty Associate Administrator of the Environ- on Finance. Guaranteed Loan Board, transmitting, pur- mental Protection Agency, transmitting, EC–11028. A communication from the Ad- suant to law, the report of a rule entitled pursuant to law, the report of a rule entitled ministrator of the Risk Management Agen- ‘‘Emergency Oil and Gas Guaranteed Loan ‘‘Approval and Promulgation of State cy, Department of Agriculture, transmitting, Board; Financial Statements’’ (RIN3003– Plans—North Carolina: Approval of Revi- pursuant to law, the report of a rule entitled ZA00) received on October 2, 2000; to the sions to North Carolina State Implementa- ‘‘Common Crop Insurance Regulations; Rice Committee on Banking, Housing, and Urban tion Plan; Technical Correction’’ (FRL Crop Insurance Provisions’’ received on Oc- Affairs. #6881–1) received on October 3, 2000; to the tober 3, 2000; to the Committee on Agri- EC–11006. A communication from the Exec- Committee on Environment and Public culture, Nutrition, and Forestry. utive Director of the Emergency Steel Loan Works. EC–11029. A communication from the Regu- Guarantee Board, transmitting, pursuant to EC–11017. A communication from the Di- lations Officer, Social Security Administra- law, the report of a rule entitled ‘‘Emer- rector of the Office of Congressional Affairs, tion, transmitting, pursuant to law, the re- gency Steel Loan Guarantee Program; Par- Office of Enforcement, Nuclear Regulatory port of a rule entitled ‘‘Extension of Expira- ticipation in Unguaranteed Tranche’’ Commission , transmitting, pursuant to law, tion Date for the Respiratory Body System (RIN3003–ZA00) received on October 2, 2000; the report of a rule entitled ‘‘NRC Enforce- Listings’’ (RIN0960–AF42) received on Octo- to the Committee on Banking, Housing, and ment Policy’’ received on October 3, 2000; to ber 3, 2000; to the Committee on Finance. Urban Affairs. the Committee on Environment and Public EC–11030. A communication from the Di- EC–11007. A communication from the Sec- Works. rector of the Policy Directives and Instruc- retary of Health and Human Services, trans- EC–11018. A communication from the Di- tions Branch, Immigration and Naturaliza- mitting, pursuant to law, a report relative to rector of the Office of Congressional Affairs, tion Service, Department of Justice, trans- emergency funds; to the Committee on Office of the General Counsel, Nuclear Regu- mitting, pursuant to law, the report of a rule Health, Education, Labor, and Pensions. latory Agency, transmitting, pursuant to entitled ‘‘Landing requirements for pas- EC–11008. A communication from the Sec- law, the report of a rule entitled ‘‘Adjust- sengers arriving from Cuba’’ (RIN1115–AF72) retary of Labor, transmitting, pursuant to ment of Civil Penalties for Inflation/Mis- (INS. No. 2045–00) received on October 3, 2000; law, a report relative to the strategic plan cellaneous Administrative Changes’’ to the Committee on the Judiciary. for fiscal years 1999–2004; to the Committee (RIN3150–AG59) received on October 3, 2000; EC–11031. A communication from the Gen- on Health, Education, Labor, and Pensions. to the Committee on Environment and Pub- eral Counsel of the Federal Energy Regu- EC–11009. A communication from the Rail- lic Works. latory Commission, transmitting, pursuant road Retirement Board, transmitting, pursu- EC–11019. A communication from the Act- to law, the report of a rule entitled ‘‘Elec- ant to law, a report relative to the strategic ing Inspector General, Department of De- tronic Filing of Documents’’ received on Oc- plan for 2000–2005; to the Committee on fense, transmitting, pursuant to law, the fis- tober 3, 2000; to the Committee on Energy Health, Education, Labor, and Pensions. cal year 1999 DOD Superfund Financial and Natural Resources. EC–11010. A communication from the Di- Transactions; to the Committee on Environ- EC–11032. A communication from the Sec- rector of Regulations Policy and Manage- ment and Public Works. retary of Energy, transmitting, pursuant to ment Staff, Department of Health and EC–11020. A communication from the Ad- law, a report relative to voluntary commit- Human Services, transmitting, pursuant to ministrator of the Environmental Protection ments to accelerate the introduction of al- law, the report of a rule entitled ‘‘Adminis- Agency, transmitting, pursuant to law, a re- ternative fuel vehicles (AFVs); to the Com- trative Practices and Procedures; Good Guid- port entitled ‘‘National Air Toxics Program: mittee on Energy and Natural Resources. ance Practices’’ (Docket No. 99N–4783) re- The Integrated Urban Strategy’’; to the EC–11033. A communication from the Dep- ceived on October 3, 2000; to the Committee Committee on Environment and Public uty Assistant Secretary of Defense (Equal on Health, Education, Labor, and Pensions. Works. Opportunity), transmitting, pursuant to law, EC–11011. A communication from the Di- EC–11021. A communication from the As- the report of a rule entitled ‘‘Nondiscrimina- rector of Regulations Policy and Manage- sistant Secretary of the Army (Civil Works), tion on the Basis of Sex in Education Pro- ment Staff, Department of Health and transmitting, pursuant to law, a report rel- grams or Activities Receiving Federal Fi- Human Services, transmitting, pursuant to ative to the South Sacramento County nancial Assistance’’ (RIN1190–AA28) received law, the report of a rule entitled ‘‘Gastro- Streams, California; to the Committee on on October 3, 2000; to the Committee on enterology and Urology Devices; Effective Environment and Public Works. Armed Services. Date of Requirement for Premarket Ap- EC–11022. A communication from the Sec- EC–11034. A communication from the As- proval of the Implanted Mechanical/Hydrau- retary and the Deputy Secretary of the De- sistant Secretary of Legislative Affairs, De- lic Urinary Continence Device’’ (Docket No. partment of Housing and Urban Develop- partment of State, transmitting, pursuant to 94N–0380) received on October 3, 2000; to the ment, transmitting jointly, pursuant to law, law, the report of the transmittal of the cer- Committee on Health, Education, Labor, and a report relative to the fiscal year 2000–2006 tification of the proposed issuance of an ex- Pensions. strategic plan; to the Committee on Bank- port license relative to the United Kingdom; EC–11012. A communication for the Sec- ing, Housing, and Urban Affairs. to the Committee on Foreign Relations. retary of Health and Human Services, trans- EC–11023. A communication from the Di- EC–11035. A communication from the As- mitting, pursuant to law, a report relative to rector of the Office of Management and sistant Secretary of Legislative Affairs, De- the fiscal year 1996 Low Income Home En- Budget, Executive Office of the President, partment of State, transmitting, pursuant to ergy Assistance Program (LIHEAP); to the transmitting, pursuant to law, a report rel- law, the report of the texts of international Committee on Health, Education, Labor, and ative to the strategic plan for fiscal year agreements, other than treaties, and back- Pensions. 2001–2005; to the Committee on Govern- ground statements; to the Committee on EC–11013. A communication from the Sec- mental Affairs. retary of Health and Human Services, trans- EC–11024. A communication from the Foreign Relations. mitting, pursuant to law, a report relative to Chairman of the National Labor Relations EC–11036. A communication from the Di- the fiscal year 2001–2006 strategic plan; to the Board, transmitting, pursuant to law, a re- rector of the Office of Equal Opportunity Committee on Health, Education, Labor , port relative to the commercial activities in- Programs, Agency for International Develop- and Pensions. ventory; to the Committee on Governmental ment, transmitting, pursuant to law, the re- EC–11014. A communication from the Dep- Affairs. port of a rule entitled ‘‘Nondiscrimination uty Associate Administrator of the Environ- EC–11025. A communication from the Exec- on the Basis of Sex in Education Programs mental Protection Agency, transmitting, utive Director of the Committee For Pur- or Activities Receiving Federal Financial pursuant to law, the report of a rule entitled chase From People Who Are Blind Or Se- Assistance’’ (RIN0412–AA45) received on Oc- ‘‘Approval and Promulgation of Air Quality verely Disabled, transmitting, pursuant to tober 3, 2000; to the Committee on Foreign Implementation Plans; Virginia; Revised 15% law, the report of additions to the procure- Relations. Plan for Northern Virginia Portion of the ment list received on October 3, 2000; to the f Metropolitan Washington, D.C. Ozone Non- Committee on Governmental Affairs. attainment Area’’ (FRL #6880–8) received on EC–11026. A communication from the Chief, PETITIONS AND MEMORIALS October 3, 2000; to the Committee on Envi- Regulations Unit, Internal Revenue Service, The following petitions and memo- ronment and Public Works. Department of the Treasury, transmitting, rials were laid before the Senate and EC–11015. A communication from the Dep- pursuant to law, the report of a rule entitled uty Associate Administrator of the Environ- ‘‘Update of Rev. Proc. 78–37’’ (Rev. Proc. were referred or ordered to lie on the mental Protection Agency, transmitting, 2000–41) received on October 3, 2000; to the table as indicated: pursuant to law, the report of a rule entitled Committee on Finance. POM–626. A resolution adopted by the City ‘‘Identification of Approval and Disapproved EC–11027. A communication from the Chief, Commission of Ft. Lauderdale, Florida rel- Elements of the Great Lakes Guidance Sub- Regulations Unit, Internal Revenue Service, ative to the Comprehensive Everglades Res- mission From the State of New York, and Department of the Treasury, transmitting, toration Plan; to the Committee on Environ- Final Rule’’ (FRL #6881–9) received on Octo- pursuant to law, the report of a rule entitled ment and Public Works.

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.045 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9855 REPORTS OF COMMITTEES ratification of the Document Agreed Among (b) PROVISO.—The resolution of ratification the States Parties to the Treaty on Conven- is subject to the following provisos, which The following reports of committees tional Armed Forces in Europe, approved by shall not be included in the instrument of were submitted: the Senate on May 14, 1997. ratification to be signed by the President: By Mr. STEVENS, from the Committee on (b) PROVISO.—The resolution of ratification SUPREMACY OF THE CONSTITUTION.—Nothing Appropriations: Special Report entitled is subject to the following proviso, which in this Treaty requires or authorizes legisla- ‘‘Further Revised Allocation to Subcommit- shall not be included in the instrument of tion or other action by the United States of tees of Budget Totals for Fiscal Year 2001’’ ratification to be signed by the President: America that is prohibited by the Constitu- (Rept. No. 106–483). SUPREMACY OF THE CONSTITUTION.—Nothing tion of the United States as interpreted by By Mr. SMITH, of New Hampshire, from in this Treaty requires or authorizes legisla- the United States. the Committee on Environment and Public tion or other action by the United States of Works, without amendment: America that is prohibited by the Constitu- Treaty Doc. 106–29 Investment Treaty With S. 1109: A bill to conserve global bear popu- tion of the United States as interpreted by Croatia (Exec. Rept No. 106–23). lations by prohibiting the importation, ex- the United States. TEXT OF COMMITTEE RECOMMENDED portation, and interstate trade of bear RESOLUTION OF ADVICE AND CONSENT: Treaty Doc. 106–25 Investment Treaty With viscera and items, products, or substances Resolved, (two thirds of the Senators present Bahrain (Exec. Rept. No. 106–23). containing, or labeled or advertised as con- concurring therein), That the Senate advise taining, bear viscera, and for other purposes TEXT OF COMMITTEE RECOMMENDED and consent to the ratification of the Treaty (Rept. No. 106–484). RESOLUTION OF ADVICE AND CONSENT: Between the Government of the United By Mr. SMITH, of New Hampshire, from Resolved, (two thirds of the Senators present States of America and the Government of the Committee on Environment and Public concurring therein), That the Senate advise the Republic of Croatia Concerning the En- Works, with an amendment in the nature of and consent to the ratification of the Treaty couragement and Reciprocal Protection of a substitute: Between the Government of the United Investment, with Annex and Protocol, signed S. 2417: A bill to amend the Federal Water States of America and the Government of at Zagreb on July 13, 1996 (Treaty Doc. 106– Pollution Control Act to increase funding for the State of Bahrain Concerning the Encour- 29), subject to the declaration of subsection State nonpoint source pollution control pro- agement and Reciprocal Protection of In- (a) and the proviso of subsection (b). grams, and for other purposes (Rept. No. 106– vestment, with Annex, signed at Washington (a) DECLARATION.—The Senate’s advice and 485). on September 29, 1999 (Treaty Doc. 106–25), consent is subject to the following declara- By Mr. MURKOWSKI, from the Committee subject to the declaration of subsection (a) tion, which shall be binding upon the Presi- on Energy and Natural Resources, with an and the proviso of subsection (b). dent: amendment in the nature of a substitute: (a) DECLARATION.—The Senate’s advise and TREATY INTERPRETATION.—The Senate af- S. 1697: A bill to authorize the Secretary of consent is subject to the following declara- firms the applicability to all treaties of the the Interior to refund certain collections re- tion, which shall be binding upon the Presi- constitutionally based principles of treaty ceived pursuant to the Reclamation Reform dent: interpretation set forth in Condition (1) of Act of 1982 (Rept. No. 106–486). TREATY INTERPRETATION.—The Senate af- the resolution of ratification of the INF S. 1756: A bill to enhance the ability of the firms the applicability to all treaties of the Treaty, approved by the Senate on May 27, National Laboratories to meet Department constitutionally based principles of treaty 1988, and Condition (8) of the resolution of of Energy missions and for other purposes interpretation set forth in Condition (1) of ratification of the Document Agreed Among (Rept. No. 106–487). the resolution of ratification of the INF the States Parties to the Treaty on Conven- S. 2163: A bill to provide for a study of the Treaty, approved by the Senate on May 27, tional Armed Forces in Europe, approved by engineering feasibility of a water exchange 1988, and Condition (8) of the resolution of the Senate on May 14, 1997. in lieu of electrification of the Chandler ratification of the Document Agreed Among (b) PROVISO.—The resolution of ratification Pumping Plant at Prosser Diversion Dam, the States Parties to the Treaty on Conven- is subject to the following proviso, which Washington (Rept. No. 106–488). tional Armed Forces in Europe, approved by shall not be included in the instrument of S. 2882: A bill to authorize Bureau of Rec- the Senate on May 14, 1997. ratification to be signed by the President: lamation to conduct certain feasibility stud- (b) PROVISO.—The resolution of ratification SUPREMACY OF THE CONSTITUTION.—Nothing ies to augment water supplies for the Klam- is subject to the following proviso, which in this Treaty requires or authorizes legisla- ath Project, Oregon and California, and for shall not be included in the instrument of tion or other action by the United States of other purposes (Rept. No. 106–489). ratification to be signed by the President: America that is prohibited by the Constitu- f SUPREMACY OF THE CONSTITUTION.—Nothing tion of the United States as interpreted by in this Treaty requires or authorizes legisla- the United States. EXECUTIVE REPORTS OF tion or other action by the United States of COMMITTEES America that is prohibited by the Constitu- Treaty Doc. 106–28 Investment Treaty With The following executive reports of tion of the United States as interpreted by El Salvador (Exec. Rept. No. 106–23). committees were submitted: the United States. TEXT OF COMMITTEE RECOMMENDED RESOLUTION OF ADVICE AND CONSENT By Mr. HELMS for the Committee on For- Treaty Doc. 106–26 Investment Treaty With Resolved, (two thirds of the Senators present eign Relations. Bolivia (Exec. Rept. No. 106–23). Treaty Doc. 106–47 Investment Treaty With concurring therein), That the Senate advise TEXT OF COMMITTEE RECOMMENDED Azerbaijan (Exec. Rept. No. 106–23). and consent to the ratification of the Treaty RESOLUTION OF ADVICE AND CONSENT: Between the Government of the United TEXT OF COMMITTEE RECOMMENDED Resolved, (two thirds of the Senators present States of America and the Government of RESOLUTION OF ADVICE AND CONSENT concurring therein), That the Senate advise the Republic of El Salvador Concerning the Resolved, (two thirds of the Senators present and consent to the ratification of the Treaty Encouragement and Reciprocal Protection of concurring therein), That the Senate advise Between the Government of the United Investment, with Annex and Protocol, signed and consent to the ratification of the Treaty States of America and the Government of at San Salvador on March 10, 1999 (Treaty Between the Government of the United the Republic of Bolivia Concerning the En- Doc. 106–28), subject to the declaration of States of America and the Government of couragement and Reciprocal Protection of subsection (a) and the proviso of subsection the Republic of Azerbaijan Concerning the Investment, with Annex and Protocol, signed (b). Encouragement and Reciprocal Protection of at Santiago, Chile, on April 17, 1998 (Treaty (a) DECLARATION.—The Senate’s advice and Investment, with Annex, signed at Wash- Doc. 106–26), subject to the declaration of consent is subject to the following declara- ington on August 1, 1997, together with an subsection (a) and the proviso of subsection tion, which shall be binding upon the Presi- Amendment to the Treaty set Forth in an (b). dent: Exchange of Diplomatic Notes Dated August (a) DECLARATION.—The Senate’s advice and TREATY INTERPRETATION.—The Senate af- 8, 2000, and August 25, 2000, (Treaty Doc. 106– consent is subject to the following declara- firms the applicability to all treaties of the 47), subject to the declaration of subsection tion, which shall be binding upon the Presi- constitutionally based principles of treaty (a) and the proviso of subsection (b). dent: interpretation set forth in Condition (1) of (a) DECLARATION.—The Senate’s advice and TREATY INTERPRETATION.—The Senate af- the resolution of ratification of the INF consent is subject to the following declara- firms the applicability to all treaties of the Treaty, approved by the Senate on May 27, tion, which shall be binding upon the Presi- constitutionally based principles of treaty 1988, and Condition (8) of the resolution of dent: interpretation set forth in Condition (1) of ratification of the Document Agreed Among TREATY INTERPRETATION.—The Senate af- the resolution of ratification of the INF the States Parties to the Treaty on Conven- firms the applicability to all treaties of the Treaty, approved by the Senate on May 27, tional Armed Forces in Europe, approved by constitutionally based principles of treaty 1988, and Condition (8) of the resolution of the Senate on May 14, 1997. interpretation set forth in Condition (1) of ratification of the Document Agreed Among (b) PROVISO.—The resolution of ratification the resolution of ratification of the INF the States Parties to the Treaty on Conven- is subject to the following proviso, which Treaty, approved by the Senate on May 27, tional Armed Forces in Europe, approved by shall not be included in the instrument of 1988, and Condition (8) of the resolution of the Senate on May 14, 1997. ratification to be signed by the President:

VerDate 02-OCT-2000 03:30 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.048 pfrm02 PsN: S04PT1 S9856 CONGRESSIONAL RECORD — SENATE October 4, 2000

SUPREMACY OF THE CONSTITUTION.—Nothing tion of the United States as interpreted by shall not be included in the instrument of in this Treaty requires or authorizes legisla- the United States. ratification to be signed by the President: tion or other action by the United States of SUPREMACY OF THE CONSTITUTION.—Nothing America that is prohibited by the Constitu- Treaty Doc. 106–42 Investment Treaty With in this Treaty requires or authorizes legisla- tion of the United States as interpreted by Lithuania (Exec. Rept. No. 106–23). tion or other action by the United States of the United States. TEXT OF COMMITTEE RECOMMENDED America that is prohibited by the Constitu- RESOLUTION OF ADVICE AND CONSENT: tion of the United States as interpreted by Treaty Doc. 106–27 Investment Treaty With Resolved, (two thirds of the Senators present the United States. Honduras (Exec. Rept. No. 106–23). concurring therein), That the Senate advise TEXT OF COMMITTEE RECOMMENDED and consent to the ratification of the Treaty Treaty Doc. 106–46 Protocol Amending Bi- RESOLUTION OF ADVICE AND CONSENT Between the Government of the United lateral Investment Treaty With Panama Resolved, (two thirds of the Senators present States of America and the Government of (Exec. Rept. No. 106–23). concurring therein), That the Senate advise the Republic of Lithuania for the Encourage- TEXT OF COMMITTEE RECOMMENDED and consent to the ratification of the Treaty ment and Reciprocal Protection of Invest- RESOLUTION OF ADVICE AND CONSENT: Between the Government of the United ment, with Annex and Protocol, signed at Resolved, (two thirds of the Senators present States of America and the Government of Washington on January 14, 1998 (Treaty Doc. concurring therein), That the Senate advise the Republic of Honduras Concerning the En- 106–42), subject to the understanding of sub- and consent to the ratification of the Pro- couragement and Reciprocal Protection of section (a), the declaration of subsection (b) tocol Between the Government of the United Investment, with Annex and Protocol, signed and the proviso of subsection (c). States of America and the Government of at Denver on July 1, 1995 (Treaty Doc. 106– (a) UNDERSTANDING.—The Senate’s advice the Republic of Panama Amending the Trea- 27), subject to the declaration of subsection and consent is subject to the following un- ty Concerning the Treatment and Protection (a) and the proviso of subsection (b). derstanding, which shall be included in the of Investments of October 27, 1982, signed at (a) DECLARATION.—The Senate’s advice and instrument of ratification: Panama City on June 1, 2000, (Treaty Doc. consent is subject to the following declara- SOVEREIGN IMMUNITY.—The Senate under- 106–46). tion, which shall be binding upon the Presi- stands that nothing in this Treaty shall con- dent: stitute or be construed as a waiver by the Treaty Doc. 104-25 Investment Treaty With TREATY INTERPRETATION.—The Senate af- United States of its sovereign immunity Uzbekistan (Exec. Rept. No. 106–23). firms the applicability to all treaties of the from suit. TEXT OF COMMITTEE RECOMMENDED constitutionally based principles of treaty (b) DECLARATION.—The Senate’s advice and RESOLUTION OF ADVICE AND CONSENT. interpretation set forth in Condition (1) of consent is subject to the following declara- the resolution of ratification of the INF tion, which shall be binding upon the Presi- Resolved, (two thirds of the Senators present Treaty, approved by the Senate on May 27, dent: concurring therein), That the Senate advise 1988, and Condition (8) of the resolution of TREATY INTERPRETATION.—The Senate af- and consent to the ratification of the Treaty ratification of the Document Agreed Among firms the applicability to all treaties of the Between the Government of the United the States Parties to the Treaty on Conven- constitutionally based principles of treaty States of America and the Government of tional Armed Forces in Europe, approved by interpretation set forth in Condition (1) of the Republic of Uzbekistan Concerning the the Senate on May 14, 1997. the resolution of ratification of the INF Encouragement and Reciprocal Protection of (b) PROVISO.—The resolution of ratification Treaty, approved by the Senate on May 27, Investment, with Annex, signed at Wash- is subject to the following proviso, which 1988, and Condition (8) of the resolution of ington on December 16, 1994 (Treaty Doc. 104– shall not be included in the instrument of ratification of the Document Agreed Among 25), subject to the declaration of subsection ratification to be signed by the President: the States Parties to the Treaty on Conven- (a) and the proviso of subsection (b). SUPREMACY OF THE CONSTITUTION.—Nothing tional Armed Forces in Europe, approved by (a) DECLARATION.—The Senate’s advice and in this Treaty requires or authorizes legisla- the Senate on May 14, 1997. consent is subject to the following declara- tion or other action by the United States of (c) PROVISO.—The resolution of ratification tion, which shall be binding upon the Presi- America that is prohibited by the Constitu- is subject to the following proviso, which dent: tion of the United States as interpreted by shall not be included in the instrument of TREATY INTERPRETATION.—The Senate af- the United States. ratification to be signed by the President: firms the applicability to all treaties of the SUPREMACY OF THE CONSTITUTION.—Nothing constitutionally based principles of treaty Treaty Doc. 106–30 Investment Treaty With in this Treaty requires or authorizes legisla- interpretation set forth in Condition (1) of Jordan (Exec. Rept No. 106–23). tion or other action by the United States of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, TEXT OF COMMITTEE RECOMMENDED America that is prohibited by the Constitu- 1988, and Condition (8) of the resolution of RESOLUTION OF ADVICE AND CONSENT: tion of the United States as interpreted by the United States. ratification of the Document Agreed Among Resolved, (two thirds of the Senators present the States Parties to the Treaty on Conven- concurring therein), That the Senate advise Treaty Doc. 106–31 Investment Treaty With tional Armed Forces in Europe, approved by and consent to the ratification of the Treaty Mozambique (Exec. Rept. No. 106–23). the Senate on May 14, 1997. Between the Government of the United (b) PROVISO.—The resolution of ratification TEXT OF COMMITTEE RECOMMENDED States of America and the Government of is subject to the following proviso, which RESOLUTION OF ADVICE AND CONSENT: the Hashemite Kingdom of Jordan Con- shall not be included in the instrument of cerning the Encouragement and Reciprocal Resolved, (two thirds of the Senators present ratification to be signed by the President: concurring therein), That the Senate advise Protection of Investment, with Annex and SUPREMACY OF THE CONSTITUTION.—Nothing Protocol, signed at Amman on July 2, 1997 and consent to the ratification of the Treaty in this Treaty requires or authorizes legisla- (Treaty Doc. 106–30), subject to the declara- Between the Government of the United tion or other action by the United States of tion of subsection (a) and the proviso of sub- States of America and the Government of America that is prohibited by the Constitu- section (b). Mozambique Concerning the Encouragement tion of the United States as interpreted by (a) DECLARATION.—The Senate’s advice and and Reciprocal Protection of Investment, the United States. consent is subject to the following declara- with Annex and Protocol, and a related ex- tion, which shall be binding upon the Presi- change of letters, signed at Washington on Treaty Doc. 106–35 Treaty With Cyprus on dent: December 1, 1998 (Treaty Doc. 106–31), subject Mutual Legal Assistance in Criminal Mat- REATY INTERPRETATION.—The Senate af- T to the declaration of subsection (a) and the ters (Exec. Rept. 106–24). firms the applicability to all treaties of the proviso of subsection (b). constitutionally based principles of treaty (a) DECLARATION.—The Senate’s advice and TEXT OF COMMITTEE RECOMMENDED interpretation set forth in Condition (1) of consent is subject to the following declara- RESOLUTION OF ADVICE AND CONSENT: the resolution of ratification of the INF tion, which shall be binding upon the Presi- Resolved, (two thirds of the Senators present Treaty, approved by the Senate on May 27, dent: concurring therein), That the Senate advise 1988, and Condition (8) of the resolution of TREATY INTERPRETATION.—The Senate af- and consent to the ratification of the Treaty ratification of the Document Agreed Among firms the applicability to all treaties of the Between the Government of the United the States Parties to the Treaty on Conven- constitutionally based principles of treaty States of America and the Government of tional Armed Forces in Europe, approved by interpretation set forth in Condition (1) of the Republic of Cyprus on Mutual Legal As- the Senate on May 14, 1997. the resolution of ratification of the INF sistance in Criminal Matters, signed at (b) PROVISO.—The resolution of ratification Treaty, approved by the Senate on May 27, Nicosia on December 20, 1999 (Treaty Doc. is subject to the following proviso, which 1988, and Condition (8) of the resolution of 106–35), subject to the understanding of sub- shall not be included in the instrument of ratification of the Document Agreed Among section (a), the declaration of subsection (b) ratification to be signed by the President. the States Parties to the Treaty on Conven- and the provisos of subsection (c). SUPREMACY OF THE CONSTITUTION.—Nothing tional Armed Forces in Europe, approved by (a) UNDERSTANDING.—The Senate’s advice in this Treaty requires or authorizes legisla- the Senate on May 14, 1997. and consent is subject to the following un- tion or other action by the United States of (b) PROVISO.—The resolution of ratification derstanding, which shall be included in the America that is prohibited by the Constitu- is subject to the following proviso, which instrument of ratification:

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.060 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9857

PROHIBITION ON ASSISTANCE TO THE INTER- for the United States by and with the advice interpretation set forth in Condition (1) of NATIONAL CRIMINAL COURT.—The United and consent of the Senate, as required by Ar- the resolution of ratification of the INF States shall exercise its rights to limit the ticle II, section 2 of the United States Con- Treaty, approved by the Senate on May 27, use of assistance it provides under the Trea- stitution. 1988, and Condition (8) of the resolution of ty so that any assistance provided by the (b) DECLARATION.—The Senate’s advice and ratification of the Document Agreed Among Government of the United States shall not consent is subject to the following declara- the States Parties to the Treaty on Conven- be transferred to or otherwise used to assist tion, which shall be binding on the Presi- tional Armed Forces in Europe, approved by the International Criminal Court con- dent: the Senate on May 14, 1997. templated in the Statute adopted in Rome, TREATY INTERPRETATION.—The Senate af- (c) PROVISOS.—The resolution of ratifica- Italy, on July 17, 1998, unless the Statutes es- firms the applicability to all treaties of the tion is subject to the following provisos, tablishing that Court has entered into force constitutionally based principles of treaty which shall not be included in the instru- for the United States by and with the advice interpretation set forth in Condition (1) of ment of ratification to be signed by the and consent of the Senate, as required by Ar- the resolution of ratification of the INF President: (1) LIMITATION ON ASSISTANCE.—Pursuant ticle II, section 2 of the United States Con- Treaty, approved by the Senate on May 27, to the rights of the United States under this stitution. 1988, and Condition (8) of the resolution of Treaty to deny requests which prejudice its (b) DECLARATION.—The Senate’s advice and ratification of the Document Agreed Among essential public policy or interests, the consent is subject to the following declara- the States Parties to the Treaty on Conven- United States shall deny a request for assist- tion, which shall be binding on the Presi- tional Armed Forces in Europe, approved by ance when the Central Authority, after con- dent: the Senate on May 14, 1997. sultation with all appropriate intelligence, TREATY INTERPRETATION.—The Senate af- (c) PROVISOS.—The resolution of ratifica- anti-narcotic, and foreign policy agencies, firms the applicability to all treaties of the tion is subject to the following provisos, has specific information that a senior gov- constitutionally based principles of treaty which shall not be included in the instru- ernment official who will have access to in- interpretation set forth in Condition (1) of ment of ratification to be signed by the formation to be provided under this Treaty the resolution of ratification of the INF President: is engaged in a felony, including the facilita- (1) LIMITATION ON ASSISTANCE.—Pursuant Treaty, approved by the Senate on May 27, tion of the production or distribution of ille- to the rights of the United States under this 1988, and Condition (8) of the resolution of gal drugs. ratification of the Document Agreed Among Treaty to deny requests which prejudice its (2) SUPREMACY OF THE CONSTITUTION.— the States Parties to the Treaty on Conven- essential public policy or interests, the Nothing in this Treaty requires or authorizes tional Armed Forces in Europe, approved by United States shall deny a request for assist- legislation or other action by the United the Senate on May 14, 1997. ance when the Central Authority, after con- States of America that is prohibited by the (c) PROVISOS.—The resolution of ratifica- sultation with all appropriate intelligence, Constitution of the United States as inter- tion is subject to the following provisos, anti-narcotic, and foreign policy agencies, preted by the United States. which shall not be included in the instru- has specific information that a senior gov- ment of ratification to be signed by the ernment official who will have access to in- Treaty Doc. 106–18 Treaty with the Hel- President: formation to be provided under this Treaty lenic Republic on Mutual Legal Assistance in (1) LIMITATION ON ASSISTANCE.—Pursuant is engaged in a felony, including the facilita- Criminal Matters (Exec. Rept. 106–24). to the rights of the United States under the tion of the production or distribution of ille- TEXT OF COMMITTEE RECOMMENDED Treaty to deny requests which prejudice its gal drugs. RESOLUTION OF ADVICE AND CONSENT: essential public policy or interests, the (2) SUPREMACY OF THE CONSTITUTION.— Resolved, (two thirds of the Senators present United States shall deny a request for assist- Nothing in this Treaty requires or authorizes concurring therein), That the Senate advise ance when the Central Authority, after con- legislation or other action by the United and consent to the ratification of the Treaty sultation with all appropriate intelligence, States of America that is prohibited by the Between the Government of the United anti-narcotic, and foreign policy agencies, Constitution of the United States as inter- States of America and the Government of has specific information that a senior gov- preted by the United States. the Hellenic Republic on Mutual Legal As- ernment official who will have access to in- sistance in Criminal Matters, signed at formation to be provided under this Treaty Treaty Doc. 106–17 Treaty With France on Washington on May 25, 1999 (Treaty Doc. 106– is engaged in a felony, including the facilita- Mutual Legal Assistance in Criminal Mat- 18), subject to the understanding of sub- tion of the production or distribution of ille- ters (Exec. Rept. 106–24). section (a), the declaration of subsection (b) gal drugs. TEXT OF COMMITTEE RECOMMENDED and the provisos of subsection (c). (2) SUPREMACY OF THE CONSTITUTION.— RESOLUTION OF ADVICE AND CONSENT: (a) UNDERSTANDING.—The Senate’s advice Nothing in this Treaty requires or authorizes Resolved, (two thirds of the Senators present and consent is subject to the following un- legislation or other action by the United concurring therein), That the Senate advise derstanding, which shall be included in the States of America that is prohibited by the and consent to the ratification of the Treaty instrument of ratification: Constitution of the United States as inter- Between the Government of the United PROHIBITION ON ASSISTANCE TO THE INTER- preted by the United States. States of America and the Government of NATIONAL CRIMINAL COURT.—The United France on Mutual Legal Assistance in Crimi- States shall exercise its rights to limit the Treaty Doc. 106–19 Treaty With Egypt on nal Matters, with an Explanatory Note, use of assistance it provides under the Trea- Mutual Legal Assistance in Criminal Mat- ty so that any assistance provided by the signed at Paris on December 10, 1998 (Treaty ters (Exec. Rept. 106–24). Government of the United States shall not Doc. 106–17), subject to the understanding of be transferred to or otherwise used to assist TEXT OF COMMITTEE RECOMMENDED subsection (a), the declaration of subsection the International Criminal Court con- RESOLUTION OF ADVICE AND CONSENT: (b) and the provisos of subsection (c). templated in the Statute adopted in Rome, Resolved, (two thirds of the Senators present (a) UNDERSTANDING.—The Senate’s advice Italy, on July 17, 1998, unless the Statute es- concurring therein), That the Senate advise and consent is subject to the following un- tablishing that Court has entered into force and consent to the ratification of the Treaty derstanding, which shall be included in the for the United States by and with the advice Between the Government of the United instrument of ratification: and consent of the Senate, as required by Ar- States of America and the Government of PROHIBITION ON ASSISTANCE TO THE INTER- ticle II, section 2 of the United States Con- the Arab Republic of Egypt on Mutual Legal NATIONAL CRIMINAL COURT.—The United stitution. States shall exercise its rights to limit the Assistance in Criminal Matters, signed at (b) DECLARATION.—The Senate’s advice and Cairo on May 3, 1998 (Treaty Doc. 106–19), use of assistance it provides under the Trea- consent is subject to the following declara- subject to the understanding of subsection ty so that any assistance provided by the tion, which shall be binding on the Presi- (a), the declaration of subsection (b) and the Government of the United States shall not dent: provisos of subsection (c). be transferred to or otherwise used to assist TREATY INTERPRETATION.—The Senate af- (a) UNDERSTANDING.—The Senate’s advice the International Criminal Court con- firms the applicability to all treaties of the and consent is subject to the following un- templated in the Statute adopted in Rome, constitutionally based principles of treaty derstanding, which shall be included in the Italy, on July 17, 1998, unless the Statute es- interpretation set forth in Condition (1) of instrument of ratification. tablishing that Court has entered into force the resolution of ratification of the INF PROHIBITION ON ASSISTANCE TO THE INTER- for the United States by and with the advice Treaty, approved by the Senate on May 27, NATIONAL CRIMINAL COURT.—The United and consent of the Senate, as required by Ar- 1988, and Condition (8) of the resolution of States shall exercise its rights to limit the ticle II, section 2 of the United States Con- ratification of the Document Agreed Among use of assistance it provides under the Trea- stitution. the States Parties to the Treaty on Conven- ty so that any assistance provided by the (b) DECLARATION.—The Senate’s advice and tional Armed Forces in Europe, approved by Government of the United States shall not consent is subject to the following declara- the Senate on May 14, 1997. be transferred to or otherwise used to assist tion, which shall be binding on the Presi- (c) PROVISOS.—The resolution of ratifica- the International Criminal Court con- dent: tion is subject to the following provisos, templated in the Statute adopted in Rome, TREATY INTERPRETATION.—The Senate af- which shall not be included in the instru- Italy, on July 17, 1998, unless the Statute es- firms the applicability to all treaties of the ment of ratification to be signed by the tablishing that Court has entered into force constitutionally based principles of treaty President:

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.067 pfrm02 PsN: S04PT1 S9858 CONGRESSIONAL RECORD — SENATE October 4, 2000

(1) LIMITATION ON ASSISTANCE.—Pursuant is engaged in a felony, including the facilita- TEXT OF COMMITTEE RECOMMENDED to the rights of the United States under this tion of the production or distribution of ille- RESOLUTION OF ADVICE AND CONSENT Treaty to deny requests which prejudice its gal drugs. Resolved, (two thirds of the Senators present essential public policy or interests, the (2) SUPREMACY OF THE CONSTITUTION.— concurring therein), That the Senate advise United States shall deny a request for assist- Nothing in this Treaty requires or authorizes and consent to the ratification of the Treaty ance when the Central Authority, after con- legislation or other action by the United Between the Government of the United sultation with all appropriate intelligence, States of America that is prohibited by the States of America and the Government of anti-narcotic, and foreign policy agencies, Constitution of the United States as inter- the Republic of South Africa on Mutual has specific information that a senior gov- preted by the United States. Legal Assistance in Criminal Matters, signed ernment official who will have access to in- at Washington on September 16, 1999 (Treaty formation to be provided under this Treaty Treaty Doc. 106–20 Treaty With Romania Doc. 106–36), subject to the understanding of is engaged in a felony, including the facilita- on Mutual Legal Assistance in Criminal Mat- subsection (a), the declaration of subsection tion of the production or distribution of ille- ters (Exec. Rept. 106–24). (b) and the provisos of subsection (c). gal drugs. TEXT OF COMMITTEE RECOMMENDED (a) UNDERSTANDING.—The Senate’s advice (2) SUPREMACY OF THE CONSTITUTION.— RESOLUTION OF ADVICE AND CONSENT: and consent is subject to the following un- Nothing in this Treaty requires or authorizes Resolved, (two thirds of the Senators present derstanding, which shall be included in the legislation or other action by the United concurring therein), That the Senate advise instrument of ratification: States of America that is prohibited by the and consent to the ratification of the Treaty PROHIBITION ON ASSISTANCE TO THE INTER- Constitution of the United States as inter- Between the Government of the United NATIONAL CRIMINAL COURT.—The United preted by the United States. States of America and the Government of States shall exercise its rights to limit the Romania on Mutual Legal Assistance in use of assistance it provides under the Trea- Treaty Doc. 102–26 Treaty With Nigeria on Criminal Matters, signed at Washington on ty so that any assistance provided by the Mutual Legal Assistance in Criminal Mat- May 26, 1999 (Treaty Doc. 106–20), subject to Government of the United States shall not ters (Exec. Rept. 106–24). the understanding of subsection (a), the dec- be transferred to or otherwise used to assist laration of subsection (b) and the provisos of the International Criminal Court con- TEXT OF COMMITTEE RECOMMENDED subsection (c). templated in the Statute adopted in Rome, RESOLUTION OF ADVICE AND CONSENT: (a) UNDERSTANDING.—The Senate’s advice Italy, on July 17, 1998, unless the Statute es- Resolved, (two thirds of the Senators present and consent is subject to the following un- tablishing that Court has entered into force concurring therein), That the Senate advise derstanding, which shall be included in the for the United States by and with the advice and consent to the ratification of the Treaty instrument of ratification: and consent of the Senate, as required by Ar- Between the Government of the United PROHIBITION ON ASSISTANCE TO THE INTER- ticle II, section 2 of the United States Con- States of America and the Federal Republic NATIONAL CRIMINAL COURT.—The United stitution. of Nigeria on Mutual Legal Assistance in States shall exercise its rights to limit the (b) DECLARATION.—The Senate’s advice and Criminal Matters, signed at Washington on use of assistance it provides under the Trea- consent is subject to the following declara- September 13, 1989 (Treaty Doc. 102–26), sub- ty so that any assistance provided by the tion, which shall be binding on the Presi- ject to the understanding of subsection (a), Government of the United States shall not dent: the declaration of subsection (b) and the pro- be transferred to or otherwise used to assist TREATY INTERPRETATION.—The Senate af- visos of subsection (c). the International Criminal Court con- firms the applicability to all treaties of the (a) UNDERSTANDING.—The Senate’s advice templated in the Statute adopted in Rome, constitutionality based principles of treaty and consent is subject to the following un- Italy, on July 17, 1998, unless the Statute es- interpretation set forth in Condition (1) of derstanding, which shall be included in the tablishing that Court has entered into force the resolution of ratification of the INF instrument of ratification: for the United States by and with the advice Treaty, approved by the Senate on May 27, PROHIBITION ON ASSISTANCE TO THE INTER- and consent of the Senate, as required by Ar- 1988, and Condition (8) of the resolution of NATIONAL CRIMINAL COURT.—The United ticle II, section 2 of the United States Con- ratification of the Document Agreed Among States shall exercise its rights to limit the stitution. the States Parties to the Treaty on Conven- use of assistance it provides under the Trea- (b) DECLARATION.—The Senate’s advice and tional Armed Forces in Europe, approved by ty so that any assistance provided by the consent is subject to the following declara- the Senate on May 14, 1997. Government of the United States shall not tion, which shall be binding on the Presi- (c) PROVISOS.—The resolution of ratifica- be transferred to or otherwise used to assist dent: tion is subject to the following provisos, the International Criminal Court con- TREATY INTERPRETATION.—The Senate af- which shall not be included in the instru- templated in the Statute adopted in Rome, firms the applicability to all treaties of the ment of ratification to be signed by the Italy, on July 17, 1998, unless the Statute es- constitutionally based principles of treaty President: tablishing that Court has entered into force interpretation set forth in Condition (1) of (1) LIMITATION ON ASSISTANCE.—Pursuant for the United States by and with the advice the resolution of ratification of the INF to the rights of the United States under this and consent of the Senate, as required by Ar- Treaty, approved by the Senate on May 27, Treaty to deny requests which prejudice its ticle II, section 2 of the United States Con- 1988, and Condition (8) of the resolution of essential public policy or interests, the stitution. ratification of the Document Agreed Among United States shall deny a request for assist- (b) DECLARATION.—The Senate’s advice and the States Parties to the Treaty on Conven- ance when the Central Authority, after con- consent is subject to the following declara- tional Armed Forces in Europe, approved by sultation with all appropriate intelligence, tion, which shall be binding on the Presi- the Senate on May 14, 1997. anti-narcotic, and foreign policy agencies, dent: (c) PROVISOS.—The resolution of ratifica- has specific information that a senior gov- tion is subject to the following provisos, TREATY INTERPRETATION.—The Senate af- ernment official who will have access to in- firms the applicability to all treaties of the which shall not be included in the instru- formation to be provided under this Treaty constitutionally based principles of treaty ment of ratification to be signed by the is engaged in a felony, including the facilita- President: interpretation set forth in Condition (1) of tion of the production or distribution of ille- (1) LIMITATION ON ASSISTANCE.—Pursuant gal drugs. the resolution of ratification of the INF to the rights of the United States under this Treaty, approved by the Senate on May 27, (2) SUPREMACY OF THE CONSTITUTION.— Treaty to deny requests which prejudice its Nothing in this Treaty requires or authorizes 1988, and Condition (8) of the resolution of essential public policy or interests, the ratification of the Document Agreed Among legislation or other action by the United United States shall deny a request for assist- States of America that is prohibited by the the States Parties to the Treaty on Conven- ance when the Central Authority, after con- tional Armed Forces in Europe, approved by Constitution of the United States as inter- sultation with all appropriate intelligence, preted by the United States. the Senate on May 14, 1997. anti-narcotic, and foreign policy agencies, (c) PROVISOS.—The resolution of ratifica- has specific information that a senior gov- Treaty Doc. 106–16 Treaty With Ukraine on tion is subject to the following provisos, ernment official who will have access to in- which shall not be included in the instru- Mutual Legal Assistance in Criminal Mat- formation to be provided under this Treaty ters (Exec. Rept. 106–24). ment of ratification to be signed by the is engaged in a felony, including the facilita- TEXT OF COMMITTEE RECOMMENDED President: tion of the production or distribution of ille- RESOLUTION OF ADVICE AND CONSENT: (1) LIMITATION ON ASSISTANCE.—Pursuant gal drugs. to the rights of the United States under this (2) SUPREMACY OF THE CONSTITUTION.— Resolved, (two thirds of the Senators present Treaty to deny requests which prejudice its Nothing in this Treaty requires or authorizes concurring therein), That the Senate advise essential public policy or interests, the legislation or other action by the United and consent to the ratification of the Treaty United States shall deny a request for assist- States of America that is prohibited by the Between the Government of the United ance when the Central Authority, after con- Constitution of the United States as inter- States of America and Ukraine on Mutual sultation with all appropriate intelligence, preted by the United States. Legal Assistance in Criminal Matters, signed anti-narcotic, and foreign policy agencies, at Kiev on July 22, 1998 (Treaty Doc. 106–16), has specific information that a senior gov- Treaty Doc. 106–36 Treaty With South Afri- subject to the understanding of subsection ernment official who will have access to in- ca on Mutual Legal Assistance in Criminal (a), the declaration of subsection (b) and the formation to be provided under this Treaty Matters (Exec. Rept. 106–24). provisos of subsection (c).

VerDate 02-OCT-2000 03:30 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.070 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9859

(a) UNDERSTANDING.—The Senate’s advice (a) UNDERSTANDINGS.—The Senate’s advice country,’’ pursuant to Article 6 of the Con- and consent is subject to the following un- and consent is subject to the following un- vention and its Annexes, it is not obligated derstanding, which shall be included in the derstanding, which shall be included in the to satisfy specific funding requirements or instrument of ratification. instrument of ratification: other specific requirements regarding the PROHIBITION ON ASSISTANCE TO THE INTER- (1) IN GENERAL.—The United States under- provision of any resource, including tech- NATIONAL CRIMINAL COURT.—The United stands that the Convention and Optional nology, to any ‘‘affected country,’’ as defined States shall exercise its rights to limit the Protocol are not intended to replace, super- in Article 1 of the Convention. The United use of assistance it provides under the Trea- sede, obviate or otherwise interfere with any States understands that ratification of the ty so that any assistance provided by the other existing bilateral or multilateral trea- Convention does not alter its domestic legal Government of the United States shall not ties or conventions, including those that re- processes to determine foreign assistance be transferred to or otherwise used to assist late to mutual assistance in criminal mat- funding or programs. the International Criminal Court con- ters. (2) FINANCIAL RESOURCES AND MECHANISM.— templated in the Statute adopted in Rome, (2) ARTICLE 25.—The United States under- The United States understands that neither Italy, on July 17, 1998, unless the Statute es- stands that Article 25 of the Convention, Article 20 nor Article 21 of the Convention tablishing that Court has entered into force which limits disclosure or use of information impose obligations to provide specific levels for the United States by and with the advice or evidence obtained under the Convention, of funding for the Global Environmental Fa- and consent of the Senate, as required by Ar- shall no longer apply if such information or cility, or the Global Mechanism, to carry out ticle II, section 2 of the United States Con- evidence is made public, in a manner con- the objectives of the Convention, or for any stitution. sistent with Article 25, in the course of pro- other purpose. (b) DECLARATION.—The Senate’s advice and ceedings in the Requesting State. (3) UNITED STATES LAND MANAGEMENT.—The consent is subject to the following declara- (3) PROHIBITION ON ASSISTANCE TO THE United States understands that it is a ‘‘de- tion, which shall be binding on the Presi- INTERNATIONAL CRIMINAL COURT.—The United veloped country party’’ as defined in Article dent: States shall exercise its rights to limit the 1 of the Convention, and that it is not re- TREATY INTERPRETATION.—The Senate af- use of assistance it may provide under the quired to prepare a national action program firms the applicability to all treaties of the Convention and/or Optional Protocol so that pursuant to Part III, Section 1, of the Con- constitutionally based principles of treaty any assistance provided by the Government vention. The United States also understands interpretation set forth in Condition (1) of of the United States shall not be transferred that no changes to its existing land manage- the resolution of ratification of the INF to or otherwise used to assist the Inter- ment practices and programs will be re- Treaty, approved by the Senate on May 27, national Criminal Court contemplated in the quired to meet its obligations under Articles 1988, and Condition (8) of the resolution of Statute adopted in Rome, Italy, on July 17, 4 or 5 of the Convention. (4) LEGAL PROCESS FOR AMENDING THE CON- ratification of the Document Agreed Among 1998, unless the Statute establishing that VENTION.—In accordance with Article 34(4), the States Parties to the Treaty on Conven- Court has entered into force for the United any additional regional implementation tional Armed Forces in Europe, approved by States by and with the advice and consent of the Senate, as required by Article II, section annex to the Convention or any amendment the Senate on May 14, 1997. to any regional implementation annex to the (c) PROVISOS.—The resolution of ratifica- 2 of the United States Constitution. Convention shall enter into force for the tion is subject to the following provisos, (b) DECLARATION.—The Senate’s advice and consent is subject to the following declara- United States only upon the deposit of a cor- which shall not be included in the instru- responding instrument of ratification, ac- ment of ratification to be signed by the tion, which shall be binding upon the Presi- dent: ceptance, approval or accession. President: (5) DISPUTE SETTLEMENT.—The United (1) LIMITATION ON ASSISTANCE.—Pursuant TREATY INTERPRETATION.—The Senate af- firms the applicability to all treaties of the States declines to accept as compulsory ei- to the rights of the United States under this ther of the dispute settlement means set out Treaty to deny requests which prejudice its constitutionally based principles of treaty interpretation set forth in Condition (1) of in Article 28(2), and understands that it will essential public policy or interests, the not be bound by the outcome, findings, con- United States shall deny a request for assist- the resolution of ratification of the INF Treaty, approved by the Senate on May 27, clusions or recommendations of a concilia- ance when the Central Authority, after con- tion process initiated under Article 28(6). For sultation with all appropriate intelligence, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among any dispute arising from this Convention, anti-narcotic, and foreign policy agencies, the United States does not recognize or ac- the States Parties to the Treaty on Conven- has specific information that a senior gov- cept the jurisdiction of the International tional Armed Forces in Europe, approved by ernment official who will have access to in- Court of Justice. the Senate on May 14, 1997. formation to be provided under this Treaty (b) DECLARATIONS.—The Senate’s advice (c) PROVISO.—The resolution of ratification is engaged in a felony, including the facilita- and consent is subject to the following dec- is subject to the following proviso, which tion of the production or distribution of ille- larations, which shall be binding on the shall not be included in the instrument of gal drugs. President: ratification to be signed by the President: (2) SUPREMACY OF THE CONSTITUTION.— (1) CONSULTATIONS.—It is the sense of the SUPREMACY OF THE CONSTITUTION.—Nothing Nothing in this Treaty requires or authorizes Senate that the Executive Branch should in this Convention or the Optional Protocol legislation or other action by the United consult with the Committee on Foreign Re- requires or authorizes legislation or other States of America that is prohibited by the lations of the Senate about the possibility of action by the United States of America that Constitution of the United States as inter- United States participation in future nego- is prohibited by the Constitution of the preted by the United States. tiations concerning this Convention, and in United States as interpreted by the United particular, negotiation of any Protocols to States. Treaty Doc. 105–25 Inter-American Conven- this Convention. (2) TREATY INTERPRETATION.—The Senate tion on Mutual Assistance in Criminal Mat- Treaty Doc. 104–29 United Nations Conven- affirms the applicability to all treaties of ters With Related Optional Protocol (Exec. tion To Combat Desertification in Countries Rept. 106–24). the constitutionally based principles of trea- Experiencing Drought, Particularly in Afri- ty interpretation set forth in Condition (1) of TEXT OF COMMITTEE RECOMMENDED ca, With Annexes (Exec. Rept. No. 106–25). the resolution of ratification of the INF RESOLUTION OF ADVICE AND CONSENT: TEXT OF COMMITTEE RECOMMENDED Treaty, approved by the Senate on May 27, Resolved, (two thirds of the Senators present RESOLUTION OF ADVICE AND CONSENT: 1988, and Condition (8) of the resolution of concurring therein), That the Senate advise Resolved, (two thirds of the Senators present ratification of the Document Agreed Among and consent to the ratification of the Inter- concurring therein), That the Senate advise the State Parties to the Treaty on Conven- American Convention on Mutual Assistance and consent to the ratification of the United tional Armed Forces in Europe, approved by in Criminal Matters (‘‘the Convention’’), Nations Convention to Combat the Senate on May 14, 1997. adopted at the Twenty-Second Regular Ses- Desertification in Those Countries Experi- (3) ADOPTION OF NO RESERVATIONS PROVI- sion of the Organization of American States encing Serious Drought and/or SION.—It is the sense of the Senate that the (‘‘OAS’’) General Assembly meeting in Nas- Desertification, Particularly in Africa, With ‘‘no reservations’’ provision contained in Ar- sau, The Bahamas, on May 23, 1992, and the Annexes, adopted at Paris, June 17, 1994, and ticle 37 of the Convention has the effect of Optional Protocol Related to the Inter- signed by the United States on October 14, inhibiting the Senate in its exercise of its American Convention on Mutual Assistance 1994, (Treaty Doc. 104–29) (hereinafter, ‘‘The constitutional duty to give advice and con- in Criminal Matters (‘‘the Optional Pro- Convention’’), subject to the understandings sent to ratification of a treaty, and that the tocol’’), adopted at the Twenty-third Regular of subsection (a), the declarations of sub- Senate’s approval of the Convention should Session of the OAS General Assembly meet- section (b) and the provisos of subsection (c). not be construed as a precedent for acquies- ing in Managua, Nicaragua, on June 11, 1993, (a) UNDERSTANDINGS.—The advice and con- cence to future treaties containing such pro- both instruments signed on behalf of the sent of the Senate is subject to the following visions. United States at OAS Headquarters in Wash- understandings, which shall be included in (c) PROVISOS.—The advice and consent of ington on January 10, 1995 (Treaty Doc. 105– the instrument of ratification of the Conven- the Senate is subject to the following pro- 25), subject to the understandings of sub- tion and shall be binding on the President: visos: section (a), the declaration of subsection (b) (1) FOREIGN ASSISTANCE.—The United (1) REPORT TO CONGRESS.—Two years after and the proviso of subsection (c). States understands that, as a ‘‘developed the date the Convention enters into force for

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.074 pfrm02 PsN: S04PT1 S9860 CONGRESSIONAL RECORD — SENATE October 4, 2000 the United States, and biennially thereafter, Belize by the United States to said Inter- shall not be included in the instrument of the Secretary of State shall provide a report national Criminal Court unless the Statute ratification to be signed by the President: to the Committee on Foreign Relations of establishing that Court has entered into SUPREMACY OF THE CONSTITUTION.—Nothing the Senate setting forth the following: force for the United States by and with the in this Treaty requires or authorizes legisla- (i) a description of the programs in each af- advice and consent of the Senate, as required tion or other action by the United States of fected country party designed to implement by Article II, section 2 of the United States America that is prohibited by the Constitu- the Convention, including a list of commu- Constitution. tion of the United States as interpreted by nity-based non-governmental organizations (b) DECLARATION.—The Senate’s advice and the United States. involved, a list of amounts of funding pro- consent is subject to the following declara- vided by the national government and each tion, which shall be binding on the Presi- Treaty Doc. 106–24 Extradition Treaty international donor country, and the pro- dent: With South Africa (Exec. Report No. 106–23). jected date for full implementation of the TREATY INTERPRETATION.—The Senate af- TEXT OF COMMITTEE RECOMMENDED national action program; firms the applicability to all treaties of the RESOLUTION OF ADVICE AND CONSENT: (ii) an assessment of the adequacy of each constitutionally based principles of treaty Resolved, (two-thirds of the Senators present national action program (including the time- interpretation set forth in Condition (1) of concurring therein), That the Senate advise liness of program submittal), the degree to the resolution of ratification of the INF and consent to the ratification of the Extra- which the plan attempts to fully implement Treaty, approved by the Senate on May 27, dition Treaty between the Government of the Convention, the degree of involvement 1988, and Condition (8) of the resolution of the United States and the Government of the by all levels of government in implementa- ratification of the Document Agreement Republic of South Africa, signed at Wash- tion of the Convention, and the percentage of Among the State Parties to the Treaty on ington on September 16, 1999 (Treaty Doc. government revenues expended on implemen- Conventional Armed Forces in Europe, ap- 106–24), subject to the understanding of sub- tation of the Convention; proved by the Senate on May 14, 1997. section (a), the declaration of subsection (b) (iii) a list of United States persons des- (c) PROVISO.—The resolution of ratification and the proviso of subsection (c). ignated as independent experts pursuant to is subject to the following proviso, which (a) UNDERSTANDING.—The Senate’s advice Article 24 of the Convention, and a descrip- shall not be included in the instrument of and consent is subject to the following un- tion of the process for making such designa- ratification to be signed by the President. derstanding, which shall be included in the tions; SUPREMACY OF THE CONSTITUTION.—Nothing instrument of ratification. (iv) an identification of the specific bene- in this Treaty requires or authorizes legisla- PROHIBITION OF EXTRADITION TO THE INTER- fits to the United States, as well as United tion or other action by the United States of NATIONAL CRIMINAL COURT.—The United States persons, (including United States ex- America that is prohibited by the Constitu- States understands that the protections con- porters and other commercial enterprises), tion of the United States as interpreted by tained in Article 18 concerning the Rule of resulting from United States participation in the United States. Specialty would preclude the resurrender of the Convention; any person extradited to the Republic of (v) a detailed description of the staffing Treaty Doc. 106–4 Extradition Treaty With South Africa from the United States to the levels and budget of the Permanent Secre- Paraguay (Exec. Report No. 106–26). International Criminal Court contemplated tariat established pursuant to Article 23; TEXT OF COMMITTEE RECOMMENDED in the Statute adopted in Rome, Italy, on (vi) a breakdown of all direct and indirect RESOLUTION OF ADVICE AND CONSENT: July 17, 1998, unless the United States con- United States contributions to the Perma- Resolved, (two thirds of the Senators present sents to such resurrender; and the United nent Secretariat, and a statement of the concurring therein), That the Senate advise States shall not consent to the transfer of number of United States citizens who are and consent to the ratification of the Extra- any person extradited to the Republic of staff members or contract employees of the dition Treaty between the Government of South Africa by the United States to said Permanent Secretariat; the United States of America and the Gov- International Criminal Court unless the (vii) a list of affected party countries that ernment of the Republic of Paraguay, signed Statute establishing that Court has entered have been developed countries, within the at Washington on November 9, 1998 (Treaty into force for the United States by and with meaning of the Convention; and Doc. 106–4), subject to the understanding of the advice and consent of the Senate, as re- (viii) for each affected party country, a dis- subsection (a), the declaration of subsection quired by Article II, section 2 of the United cussion of results (including discussion of (b) and the proviso of subsection (c). States Constitution. specific successes and failures) flowing from (a) UNDERSTANDING.—The Senate’s advice (b) DECLARATION.—The Senate’s advice and national action plans generated under the and consent is subject to the following un- consent is subject to the following declara- Convention. derstanding, which shall be included in the tion, which shall be binding on the Presi- dent: (2) SUPREMACY OF THE CONSTITUTION.— instrument of ratification: TREATY INTERPRETATION.—The Senate af- Nothing in the Convention requires or au- PROHIBITION OF EXTRADITION TO THE INTER- firms the applicability to all treaties of the thorizes legislation or other action by the NATIONAL CRIMINAL COURT.—The United constitutionally based principles of treaty United States of America that is prohibited States understands that the protections con- interpretation set forth in Condition (1) of by the Constitution of the United States as tained in Article XV concerning the rule of the resolution of ratification of the INF interpreted by the United States. Specialty would preclude the resurrender of any person extradited to the Republic of Treaty, approved by the Senate on May 27, 1998, and Condition (8) of the resolution of Treaty Doc. 106–38 Extradition Treaty with Paraguay from the United States to the ratification of the Document Agreed Among Belize (Exec. Report No. 106–26. International Criminal Court contemplated in the Statute adopted in Rome, Italy, on the States Parties to the Treaty on Conven- TEXT OF COMMITTEE RECOMMENDED July 17, 1998, unless the United States con- tional Armed Forces in Europe, approved by RESOLUTION OF ADVICE AND CONSENT: sents to such resurrender; and the United the Senate on May 14, 1997. Resolved, (two thirds of the Senators present States shall not consent to the transfer of (c) PROVISO.—The resolution of ratification concurring therein), That the Senate advice any person extradited to the Republic of is subject to the following proviso, which and consent to the ratification of the Extra- Paraguay by the United States to said Inter- shall not be included in the instrument of dition Treaty between the Government of national Criminal Court unless the Statute ratification to be signed by the President. SUPREMACY OF THE CONSTITUTION.—Nothing the United States of America and the Gov- establishing that Court has entered into in this Treaty requires or authorizes legisla- ernment of Belize, signed at Belize on March force for the United States by and with the tion or other action by the United States of 30, 2000 (Treaty Doc. 106–38), subject to the advice and consent of the Senate, as required America that is prohibited by the Constitu- understanding of subsection (a), the declara- by Article II, section 2 of the United States tion of the United States as interpreted by tion of subsection (b) and the proviso of sub- Constitution. section (c). (b) DECLARATION.—The Senate’s advice and the United States. (a) UNDERSTANDING.—The Senate’s advice consent is subject to the following declara- Treaty Doc. 106–34 Extradition Treaty and consent is subject to the following un- tion, which shall be binding on the Presi- With Sri Lanka (Exec. Report No. 106–26). derstanding, which shall be included in the dent: instrument of ratification: TREATY INTERPRETATION.—The Senate af- TEXT OF COMMITTEE RECOMMENDED PROHIBITION OF EXTRADITION TO THE INTER- firms the applicability to all treaties of the RESOLUTION OF ADVICE AND CONSENT: NATIONAL CRIMINAL COURT.—The United constitutionally based principles of treaty Resolved, (two thirds of the Senators present States understands that the protections con- interpretation set forth in Condition (1) of concurring therein), That the Senate advise tained in Article 14 concerning the Rule of the resolution of ratification of the INF and consent to the ratification of the Extra- Specialty would preclude the resurrender of Treaty, approved by the Senate on May 27, dition Treaty between the Government of any person extradited to Belize from the 1988, and Condition (8) of the resolution of the United States of America and the Gov- United States to the International Criminal ratification of the Document Agreed Among ernment of the Democratic Socialist Repub- Court contemplated in the Statute adopted the States Parties to the Treaty on Conven- lic of Sri Lanka, signed at Washington on in Rome, Italy, on July 17, 1998, unless the tional Armed Forces in Europe, approved by September 30, 1999 (Treaty Doc. 106–34), sub- United States consents to such resurrender; the Senate on May 14, 1997. ject to the understanding of subsection (a), and the United States shall not consent to (c) PROVISO.—The resolution of ratification the declaration of subsection (b) and the pro- the transfer of any person extradited to is subject to the following proviso, which viso of subsection (c).

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.077 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9861 (a) UNDERSTANDING.—The Senate’s advice to the Committee on Energy and Natural Re- For one thing, DOD officials are in a and consent is subject to the following un- sources. far better position than are Education derstanding, which shall be included in the f Department personnel to assess the instrument of ratification: needs of schools on or near military PROHIBITION OF EXTRADITION TO THE INTER- SUBMISSION OF CONCURRENT AND bases and to be aware of activities— NATIONAL CRIMINAL COURT.—The United SENATE RESOLUTIONS States understands that the protections con- such as downsizing or the construction tained in Article 16 concerning the Rule of The following concurrent resolutions or renovation of base housing—which Specialty would preclude the resurrender of and Senate resolutions were read, and can have a major effect on the amount any person extradited to the Democratic So- referred (or acted upon), as indicated: of the impact aid assistance available cialist Republic of Sri Lanka from the By Mrs. HUTCHISON (for herself, Mr. to a school. In many cases, my com- United States to the International Criminal GRASSLEY, Mr. GRAMM, Mr. KYL, Mr. mittee has been asked, after the fact, Court contemplated in the Statute adopted DOMENICI, Mr. DODD, Mrs. FEINSTEIN, to address specific impact aid problems in Rome, Italy, on July 17, 1998, unless the Mr. HOLLINGS, and Mr. SESSIONS): which have confronted schools as a re- United States consents to such resurrender; S. Res. 366. A resolution expressing the and the United States shall not consent to sult of such decisions. Sense of the Senate on the Certification of In addition, problems such as inad- the transfer of any person extradited to the Mexico; to the Committee on Foreign Rela- Democratic Socialist Republic of Sri Lanka tions. equate funding, overcrowded condi- by the United States to said International tions, and lengthy delays in the f Criminal Court unless the Statute estab- issuance of impact aid payments could lishing that Court has entered into force for STATEMENTS ON INTRODUCED be better addressed if their resolution the United States by and with the advice and were the responsibility of those who consent of the Senate, as required by Article BILLS AND JOINT RESOLUTIONS are most familiar with the needs of II, section 2 of the United States Constitu- Mr. JEFFORDS: these schools and their students. tion. S. 3158. A bill to shift Impact Aid On a number of occasions in the past, (b) DECLARATION.—The Senate’s advice and funding responsibility for military con- defense-related legislation has included consent is subject to the following declara- nected children and property from the tion, which shall be binding on the Presi- provisions which have directly changed Department of Education to the De- dent: impact aid or have supported parallel partment of Defense; to the Committee TREATY INTERPRETATION.—The Senate af- programs. I do not see that the inter- on Health, Education, Labor, and Pen- firms the applicability to all treaties of the ests of schools or students are best constitutionally based principles of treaty sions. served by this duplication of effort. interpretation set forth in Condition (1) of ‘‘EDUCATIONAL ASSISTANCE FOR MILITARY the resolution of ratification of the INF The Department of Defense currently CONNECTED CHILDREN ACT OF 2000’’ offers of variety of services to military Treaty, approved by the Senate on May 27, Mr. JEFFORDS. Mr. President, today 1988, and Condition (8) of the resolution of dependents—ranging from child care to ratification of the Document Agreed Among I am introducing the ‘‘Educational As- health services. I believe the education the States Parties to the Treaty on Conven- sistance for Military Connected Chil- of these children to be equally impor- tional Armed Forces in Europe, approved by dren Act of 2000,’’ legislation that tant. The legislation I am offering the Senate on May 14, 1997. would transfer from the Department of today is, I believe, a good starting (c) PROVISO.—The resolution of ratification Education to the Department of De- point for impact aid reform designed to is subject to the following proviso, which fense financial responsibility for im- shall not be included in the instrument of improve the educational opportunities pact aid payments used to support the available to military dependents. ratification to be signed by the President: education of military dependents. SUPREMACY OF THE CONSTITUTION.—Nothing in this Treaty requires or authorizes legisla- The impact aid program is authorized Mr. ASHCROFT: tion or other action by the United States of as Title VIII of the Elementary and S. 3159. A bill to amend the Fair America that is prohibited by the Constitu- Secondary Education Act (ESEA) of Labor Standards Act of 1938 to clarify tion of the United States as interpreted by 1965. Unlike other ESEA programs, provisions relating to the use of ac- the United States. however, impact aid payments are not crued compensatory time by certain f used to support specific educational ac- public employees; to the Committee on tivities. Rather, these payments serve Health, Education, Labor, and Pen- INTRODUCTION OF BILLS AND as general aid to local educational sions. JOINT RESOLUTIONS agencies to replace tax dollars which STATE AND LOCAL GOVERNMENT FAMILY The following bills and joint resolu- are foregone as the result of the pres- FRIENDLY WORKPLACE ACT tions were introduced, read the first ence of the Federal government. For Mr. ASHCROFT. Mr. President, I rise and second times by unanimous con- example, Federal property—such as today to introduce a very important sent, and referred as indicated: military installations—is not subject piece of legislation. This bill continues By Mr. HUTCHINSON: to property taxes. In addition, under my effort to help working parents bal- S. 3157. A bill to require the Food and Drug the terms of the Soldiers’ and Sailors’ ance the demands between work and Administration to establish restrictions re- Civil Relief Act of 1940, many military family. garding the qualifications of physicians to personnel do not pay taxes in the Over the past five years, we have prescribe the abortion drug commonly States and localities where their chil- been talking about the difficulty that known as RU–486; to the Committee on Health, Education, Labor, and Pensions. dren attend school. parents have balancing work and fam- By Mr. JEFFORDS: Replacing lost revenues that would ily obligations. I do not think there are S. 3158. A bill to shift Impact Aid funding otherwise have been available to sup- two values that are more highly or in- responsibility for military connected chil- port local schools is an obligation of tensely admired in America than these. dren and property from the Department of the Federal government in those cases The first one is the value we place on Education to the Department of Defense; to where the revenue loss is directly re- our families. We understand that more the Committee on Health, Education, Labor, lated to Federal action. The Depart- than anything else the family is an in- and Pensions. ment of Education, through the impact stitution where important things are By Mr. ASHCROFT: S. 3159. A bill to amend the Fair Labor aid program, provides nearly $1 billion learned, not just knowledge imparted Standards Act of 1938 to clarify provisions each year for this purpose. but wisdom is obtained and understood relating to the use of accrued compensatory Over the past two years, the Com- in a family which teaches us not just time by certain public employees; to the mittee on Health, Education, Labor, how to do something but teaches us Committee on Health, Education, Labor, and and Pensions has been reviewing all how to live. Pensions. ESEA programs. In the course of that The second value which is a strong By Mr. LAUTENBERG: review, I have come to the conclusion value in America and reflects our her- S. 3160. A bill to authorize the Secretary of that the children of military personnel itage is the value of work. Americans the Interior to study the suitability and fea- sibility of designating the Abel and Mary would be better served if the impact admire and respect work. The difficult Nicholson House, Elsinboro Township, Salem aid provided on their behalf were of- issue that face us as a nation, is how County, New Jersey, as a unit of the Na- fered through the Department of De- are we going to resolve these tensions? tional Park System, and for other purposes; fense. I think that is one of the jobs, that we

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.082 pfrm02 PsN: S04PT1 S9862 CONGRESSIONAL RECORD — SENATE October 4, 2000 have to try and make sure we build a quate protections had to be contained Mr. LAUTENBERG: framework where people can resolve in the bill to make sure this was a real S. 3160. A bill to authorize the Sec- those tensions. Since 1965, the amount choice made by employees—not em- retary of the Interior to study the suit- of time parents spend with their chil- ployers. Both of the provisions were de- ability and feasibility of designating dren has dropped 40 percent and a 1993 signed to do just that. In the Family the Abel and Mary Nicholson House, study that found that 66 percent of Friendly Workplace Act employers Elsinboro Township, Salem County, adults surveyed nationwide wanted to cannot require accepting compensatory New Jersey, as a unit of the National spend more time with their children. time off in lieu of over time pay as a Park System, and for other purposes; This tension between the workplace condition of employment. Nor can they to the Committee on Energy and Nat- and the home place, juxtaposed or set require employees to work flex time as ural Resources. in a framework of laws created in the a condition of employment. In addi- ABEL AND MARY NICHOLSON HOUSE NATIONAL 1930’s that does not allow us flexibility, tion, such agreements to work these al- HISTORIC SITE STUDY ACT OF 2000 is a problem. For example, you might ternative work schedules have to be in Mr. LAUTENBERG. Mr. President, I be asked to do overtime over and over writing, signed by the employee. Coer- am pleased to introduce the Abel and and over again, and you do overtime, cion into these programs—or even at- Mary Nicholson House National His- and then you are paid time and a half. tempted coercion—is strictly prohib- toric Site Study Act of 2000. This bill But at some point, you would rather ited and contain severe penalties. would require the Secretary of the In- have the time than the money. If the Due to the nature of comp time, terior to study the suitability and fea- employer agreed to it voluntarily— there also are protections specific to sibility of designating the Abel and both parties—we ought to let that hap- that program. Employers would be pro- Mary Nicholson House located in pen. Right now, it is against the law. hibited from coercing, or attempting to Elsinboro Township, Salem County, According to a number of surveys, this coerce, employees into using or not New Jersey, as a unit of the National using their comp time. The bill re- is what Americans want. For example, Park System. As part of the study the quires employers to cash-out their em- a poll by Money magazine found that 64 Secretary would also be required to ployees’ comp time bank at the end of percent of the American people—and 68 consider management alternatives to each year or in the alternative, within percent of women—would rather have create an administrative association thirty days of their employees’ request. with the New Jersey Coastal Heritage their overtime in the form of time off, These cash-out provisions serve two Trail Route. The bill I am introducing than in cash wages. Eighty-two percent important purposes. First, it ensures said they supported the Republican’s that employers who offer the option of today would authorize the National plan to give working men and women comp time do not do so with the belief Park Service to acquire this land in more control over their hard-earned that it will give them ability to avoid compliance with the service’s standard time. Money magazine, May 1997. paying overtime. Second, it also struc- rules and regulations. In an attempt to address these work tures comp time programs with a built- Mr. President, the Abel and Mary and family tensions, in each of the last in incentive for employers to allow em- Nicholson House is prized for its archi- three Congresses, I have introduced ployees to use their comp time when it tectural and historical significance to, legislation. Each of these bills provide is needed by the employee. not only my state, but, our entire na- flexible working arrangements—or Today, I am introducing legislation tion. It is a unique resource which can ‘‘flex-time,’’ and compensatory time to provide these superior protections to provide unparalleled opportunities for off—or ‘‘comp time.’’ state and local government workers. studying our national cultural and nat- The comp time provisions in the First, it will prohibit the practice of ural heritage. Situated along Alloway Family Friendly Workplace Act (S. requiring employees to accept comp Creek, a tributary of the Delaware 1241) would permit employees to time as a condition of employment. It River, the house is surrounded by an choose, if the employer agreed, to be also will require state and local gov- intact cultural landscape of farm compensated with time-and-a-half ernments to cash-out comp time banks fields, wetlands and forests. The origi- compensatory time off for overtime at the end of each year or within thirty nal access to the house was from the hours worked in lieu of time-and-a-half days of request by the employees. Fi- creek, as rivers were the highways of pay—whenever time is more valuable nally, it will specifically prohibit state 18th century America. than financial compensation to the em- and local governments from forcing The Abel and Mary Nicholson House ployee. This gives hourly employees employees to use their accumulated is a Delaware Valley, brick, patterned- the ability to meet their family obliga- comp time against their wishes. It is end mansion constructed in 1722. The tions while still taking home a full those workers who are giving up time original portion of the house has ex- paycheck. with their families—they should be isted for 280 years with only routine The flex time provisions would allow able to use it to spend time with their maintenance, no major remodeling or private sector hourly employees to families. These protections will impact restoration, and without the intrusion work biweekly work schedules the 290,405 workers in Missouri, or approxi- of either electricity or a central heat- same as federal employees have been mately twelve percent of the work- ing system. It stands alone as the only able to since 1978. Rather than being force. known, pristine survivor of an Anglo- limited to 40 hours in a seven-day pe- No doubt, state and local govern- American building tradition that ex- riod, private sector workers could ments will be concerned about the cost isted for three quarters of a century. schedule 80 hours over a two-week pe- of cashing out these comp time banks The Nicholson House is changing the riod in any combination if their em- or changing their scheduling patterns thinking of architectural historians ployers agree. Overtime would have to in order to allow workers to use their about the construction and use of be paid for any hours ordered by the accumulated comp time. As a former rooms in the earliest houses of the employer in excess of those in the des- Governor, I understand these concerns. Delaware Valley. The house has been ignated biweekly work schedule. For However, I have to take seriously the called an architectural Rosetta stone example, if an employer asked an em- practice that can no longer be called that provides new insight to our under- ployee to work 45 hours in a week when isolated incidents. Forcing employees standing of the use and function of in- the employee was scheduled to work to work over time takes away time terior space during the 18th century. only 35 hours under the biweekly work from their families. Our police officers, Additionally, Mr. President, an 1859 ad- schedule, the employer would be re- fire fighters, corrections’ officers, and dition to the house enhances the sig- quired to pay the employee 10 hours of other state and local government nificance of the property with a similar overtime compensation. This is true workers should have the choice wheth- level of architectural integrity. even though absent the agreement, the er that time should be compensated Mr. President, the Abel and Mary employer would only be required to pay with time or money. They know what Nicholson House also has cultural sig- the employee five hours of overtime. best fits their needs and should not be nificance in its well-documented asso- When these provisions were devel- forced—with the blessings of the fed- ciations with the earliest Quaker set- oped, I took seriously the concerns eral government—into giving up that tlement in North America and the first raised by my constituents that ade- choice. permanent English settlement in New

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.084 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9863 Jersey. Abel Nicholson arrived in New (5) the House has well-documented associa- tration process relating to motor vehi- Jersey at the age of three. He was tions with the earliest Quaker settlement in cle franchise contracts. North America; brought to New Jersey by his father, S. 1277 Samuel Nicholson, a follower of John (6) the House and surrounding property may be available for acquisition from a will- At the request of Mr. GRASSLEY, the Fenwick. They arrived in 1675, seven ing donor; and name of the Senator from Georgia (Mr. years before William Penn arrived to (7) the House is— MILLER) was added as a cosponsor of S. settle Philadelphia. John Fenwick was (A) 1 of the most significant ‘‘first period’’ 1277, a bill to amend title XIX of the the founder of Greenwich and Salem, houses surviving in the Delaware Valley; and Social Security Act to establish a new New Jersey, the first permanent (B) an architectural Rosetta stone on the prospective payment system for Feder- English-speaking settlements on the domestic life of the first 2 generations of set- ally-qualified health centers and rural tlers in the Delaware Valley. Delaware River. health clinics. SEC. 3. DEFINITIONS. Samuel Nicholson purchased 2,000 S. 1446 acres in Elsinboro Township, New Jer- In this Act: (1) HOUSE.—The term ‘‘House’’ means the At the request of Mr. LOTT, the name sey and a 16-acre lot in the City of Abel and Mary Nicholson House, located in of the Senator from Michigan (Mr. Salem where he constructed a home. It Elsinboro Township, Salem County, New Jer- ABRAHAM) was added as a cosponsor of was in the Salem house that the first sey. S. 1446, a bill to amend the Internal Salem Meeting of the Society of (2) SECRETARY.—The term ‘‘Secretary’’ Revenue Code of 1986 to allow an addi- Friends was organized in 1676. In 1680, means the Secretary of the Interior, acting tional advance refunding of bonds through the Director of the National Park Samuel Nicholson donated the Salem originally issued to finance govern- house to the Salem Meeting and relo- Service. SEC. 4. STUDY. mental facilities used for essential gov- cated to the Elsinboro property. In ernmental functions. 1693, Abel Nicholson married Mary (a) IN GENERAL.—Not later than 3 years after the date on which funds are made avail- S. 1536 Tyler, the daughter of another Quaker. able to carry out this Act, the Secretary At the request of Mr. DEWINE, the Abel and Mary Nicholson built the shall, in consultation with the State of New names of the Senator from Kansas (Mr. present house, in 1722, which historians Jersey— BROWNBACK) and the Senator from Illi- believe either replaced or abutted the (1) carry out a study on the suitability and nois (Mr. DURBIN) were added as co- earlier structure built by his father. feasibility of designating the House as a unit sponsors of S. 1536, a bill to amend the Mr. President, the Nicholson House of the National Park System; Older Americans Act of 1965 to extend represents the Mid-Atlantic region’s (2) consider management alternatives to authorizations of appropriations for colonial history and traditions. Be- create an administrative association with the New Jersey Coastal Heritage Trail programs under the Act, to modernize cause of its architectural integrity and Route; and programs and services for older indi- what it is teaching scholars about how (3) submit to the Committee on Resources viduals, and for other purposes. 18th century building spaces were used, of the House of Representatives and the S. 1726 it is considered to transcend regional Committee on Energy and Natural Resources significance and ranks as one of Amer- of the Senate a report describing the findings At the request of Mr. MCCAIN, the ica’s iconic early structures. of the study. name of the Senator from New Mexico Mr. President, the Abel and Mary (b) CONTENTS.—The study under subsection (Mr. DOMENICI) was added as a cospon- Nicholson House is a national treasure (a) shall be conducted in accordance with sor of S. 1726, a bill to amend the Inter- Public Law 91–383 (16 U.S.C. 1a–1 et seq.). that deserves consideration for preser- nal Revenue Code of 1986 to treat for SEC. 5. AUTHORIZATION OF APPROPRIATIONS. unemployment compensation purposes vation and protection so it can con- There are authorized to be appropriated tinue to teach future generations of Indian tribal governments the same as such sums as are necessary to carry out this State or local units of government or Americans about the contributions and Act. as nonprofit organizations. lives of the early Americans. Mr. Presi- f dent, I ask unanimous consent that the S. 2031 text of the legislation be printed in the ADDITIONAL COSPONSORS At the request of Mr. DODD, the name RECORD. S. 260 of the Senator from Maryland (Mr. There being no objection, the bill was At the request of Mr. WELLSTONE, his SARBANES) was added as a cosponsor of ordered to be printed in the RECORD, as name was added as a cosponsor of S. S. 2031, a bill to amend the Fair Labor follows: 260, a bill to make chapter 12 of title 11, Standards Act of 1938 to prohibit the S. 3160 United States Code, permanent, and for issuance of a certificate for submin- Be it enacted by the Senate and House of Rep- other purposes. imum wages for individuals with im- resentatives of the United States of America in S. 345 paired vision or blindness. Congress assembled, At the request of Mr. ALLARD, the S. 2476 SECTION 1. SHORT TITLE. name of the Senator from Oregon (Mr. At the request of Mr. BURNS, the This Act may be cited as the ‘‘Abel and SMITH) was added as a cosponsor of S. name of the Senator from Kansas (Mr. Mary Nicholson House National Historic Site 345, a bill to amend the Animal Welfare BROWNBACK) was added as a cosponsor Study Act of 2000’’. Act to remove the limitation that per- of S. 2476, a bill to amend the Commu- SEC. 2. FINDINGS. mits interstate movement of live birds, nications Act of 1934 in order to pro- Congress finds that— for the purpose of fighting, to States in hibit any regulatory impediments to (1) the Abel and Mary Nicholson House, lo- which animal fighting is lawful. completely and accurately fulfilling cated in Elsinboro Township, Salem County, New Jersey, was built in 1722; S. 662 the sufficiency of support mandates of (2) the original section of the House is the At the request of Mr. L. CHAFEE, the the national statutory policy of uni- only pristine, surviving portion of a Dela- name of the Senator from Georgia (Mr. versal service, and for other purposes. ware Valley brick patterned-end house fea- MILLER) was added as a cosponsor of S. S. 2580 turing a diaper or diamond pattern in glazed 662, a bill to amend title XIX of the So- At the request of Mr. JOHNSON, the bricks in the gable wall of the building, and cial Security Act to provide medical name of the Senator from Hawaii (Mr. less elaborate decorations of checkered AKAKA) was added as a cosponsor of S. string courses on the other 3 walls; assistance for certain women screened (3) the original section of the House— and found to have breast or cervical 2580, a bill to provide for the issuance (A) contains early paint, original hinges, cancer under a federally funded screen- of bonds to provide funding for the con- locks, shelving, floorboards, roof framing, ing program. struction of schools of the Bureau of and chimneypieces; and S. 1020 Indian Affairs of the Department of the (B) has received only routine maintenance At the request of Mr. GRASSLEY, the Interior, and for other purposes. and no major remodeling, and is without the name of the Senator from North Caro- S. 2764 intrusion of either electricity or a central heating system; lina (Mr. EDWARDS) was added as a co- At the request of Mr. KENNEDY, the (4) the 1859 addition to the House enhances sponsor of S. 1020, a bill to amend chap- names of the Senator from New York the significance of the property with a simi- ter 1 of title 9, United States Code, to (Mr. MOYNIHAN), the Senator from Iowa lar level of architectural integrity; provide for greater fairness in the arbi- (Mr. HARKIN), and the Senator from

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.147 pfrm02 PsN: S04PT1 S9864 CONGRESSIONAL RECORD — SENATE October 4, 2000 Michigan (Mr. LEVIN) were added as co- 3020, a bill to require the Federal Com- (Mr. ABRAHAM) was added as a cospon- sponsors of S. 2764, a bill to amend the munications Commission to revise its sor of S. 3137, a bill to establish a com- National and Community Service Act regulations authorizing the operation mission to commemorate the 250th an- of 1990 and the Domestic Volunteer of new, low-power FM radio stations. niversary of the birth of James Madi- Service Act of 1973 to extend the au- S. 3068 son. thorizations of appropriations for the At the request of Mr. KENNEDY, the S. 3147 programs carried out under such Acts, name of the Senator from Connecticut At the request of Mr. ROBB, the and for other purposes. (Mr. DODD) was added as a cosponsor of names of the Senator from California S. 2778 S. 3068, a bill to amend the Immigra- (Mrs. BOXER) and the Senator from At the request of Mr. KOHL, the tion and Nationality Act to remove Minnesota (Mr. WELLSTONE) were added names of the Senator from New Hamp- certain limitations on the eligibility of as cosponsors of S. 3147, a bill to au- shire (Mr. SMITH) and the Senator from aliens residing in the United States to thorize the establishment, on land of New York (Mr. SCHUMER) were added as obtain lawful permanent resident sta- the Department of the Interior in the cosponsors of S. 2778, a bill to amend tus. District of Columbia or its environs, of the Sherman Act to make oil-pro- S. 3089 a memorial and gardens in honor and ducing and exporting cartels illegal. At the request of Mr. HAGEL, the commemoration of Frederick Douglass. S. 2912 names of the Senator from Illinois (Mr. S. CON. RES. 135 At the request of Mr. KENNEDY, the DURBIN) and the Senator from Arkan- At the request of Mr. ROBB, his name name of the Senator from Connecticut sas (Mr. HUTCHINSON) were added as co- was added as a cosponsor of S. Con. (Mr. DODD) was added as a cosponsor of sponsors of S. 3089, a bill to authorize Res. 135, a concurrent resolution recog- S. 2912, a bill to amend the Immigra- the design and construction of a tem- nizing the 25th anniversary of the en- tion and Nationality Act to remove porary education center at the Viet- actment of the Education for All certain limitations on the eligibility of nam Veterans Memorial. Handicapped Children Act of 1975. aliens residing in the United States to S. 3095 S.J. RES. 52 obtain lawful permanent residency sta- At the request of Mr. KENNEDY, the At the request of Mr. GREGG, the tus. name of the Senator from Connecticut name of the Senator from Vermont S. 2938 (Mr. DODD) was added as a cosponsor of (Mr. JEFFORDS) was added as a cospon- At the request of Mr. BROWNBACK, the S. 3095, a bill to amend the Immigra- sor of S.J. Res. 52, a joint resolution name of the Senator from Virginia (Mr. tion and Nationality Act to remove granting the consent of Congress to the ROBB) was added as a cosponsor of S. certain limitations on the eligibility of International Emergency Management 2938, a bill to prohibit United States as- aliens residing in the United States to Assistance Memorandum of Under- sistance to the Palestinian Authority obtain lawful permanent resident sta- standing. if a Palestinian state is declared uni- tus. S. RES. 292 laterally, and for other purposes. S. 3101 At the request of Mr. CLELAND, the S. 2939 At the request of Mr. ASHCROFT, the names of the Senator from New Jersey At the request of Mr. GRASSLEY, the names of the Senator from Alabama (Mr. LAUTENBERG) and the Senator name of the Senator from South Da- (Mr. SHELBY), the Senator from Mis- from Minnesota (Mr. WELLSTONE) were kota (Mr. JOHNSON) was added as a co- sissippi (Mr. COCHRAN), the Senator added as cosponsors of S. Res. 292, a sponsor of S. 2939, a bill to amend the from Georgia (Mr. CLELAND), the Sen- resolution recognizing the 20th century Internal Revenue Code of 1986 to pro- ator from Iowa (Mr. GRASSLEY), and as the ‘‘Century of Women in the vide a credit against tax for energy ef- the Senator from Florida (Mr. MACK) United States’’. ficient appliances. were added as cosponsors of S. 3101, a f S. 2963 bill to amend the Internal Revenue SENATE RESOLUTION 366—EX- At the request of Mr. BRYAN, the Code of 1986 to allow as a deduction in name of the Senator from South Da- determining adjusted gross income the PRESSING THE SENSE OF THE SENATE ON THE CERTIFICATION kota (Mr. JOHNSON) was added as a co- deduction for expenses in connection sponsor of S. 2963, a bill to amend title with services as a member of a reserve OF MEXICO XIX of the Social Security Act to re- component of the Armed Forces of the Mrs. HUTCHISON (for herself, Mr. quire the Secretary of Health and United States. GRASSLEY, Mr. GRAMM, Mr. KYL, Mr. Human Services to make publicly S. 3112 DOMENICI, Mr. DODD, Mrs. FEINSTEIN, available medicaid drug pricing infor- At the request of Mr. ABRAHAM, the Mr. HOLLINGS, and Mr. SESSIONS) sub- mation. name of the Senator from Texas (Mrs. mitted the following resolution; which S. 2986 HUTCHISON) was added as a cosponsor of was referred to the Committee on For- At the request of Mr. HUTCHINSON, S. 3112, a bill to amend title XVIII of eign Relations: the names of the Senator from Kansas the Social Security Act to ensure ac- S. RES. 366 (Mr. ROBERTS) and the Senator from cess to digital mammography through Whereas Mexico will inaugurate a new gov- Alabama (Mr. SESSIONS) were added as adequate payment under the medicare ernment on 1 December 2000 that will be the cosponsors of S. 2986, a bill to limit the system. first change of authority from one party to another; issuance of regulations relating to Fed- S. 3120 Whereas the 2nd July election of Vincente eral contractor responsibility, to re- At the request of Mr. KENNEDY, the Fox Quesada of the Alliance for Change quire the Comptroller General to con- name of the Senator from Connecticut marks an historic transition of power in duct a review of Federal contractor (Mr. DODD) was added as a cosponsor of open and fair elections; compliance with applicable laws, and S. 3120, a bill to amend the Immigra- Whereas Mexico and the United States for other purposes. tion and Nationality Act to modify re- share a 2,000 mile border, Mexico is the S. 3009 strictions added by the Illegal Immi- United States’ second largest trading part- ner, and the two countries share historic and At the request of Mr. HUTCHINSON, gration Reform and Immigrant Respon- sibility Act of 1996. cultural ties; the names of the Senator from Arkan- Whereas drug production and trafficking sas (Mrs. LINCOLN) and the Senator S. 3127 are a threat to the national interests and the from South Dakota (Mr. DASCHLE) were At the request of Mr. SANTORUM, the well-being of the citizens of both countries; added as cosponsors of S. 3009, a bill to name of the Senator from Missouri Whereas U.S.-Mexican cooperation on provide funds to the National Center (Mr. ASHCROFT) was added as a cospon- drugs is a cornerstone for policy for both for Rural Law Enforcement. sor of S. 3127, a bill to protect infants countries in developing effective programs to stop drug use, drug production, and drug S. 3020 who are born alive. trafficking; Now, therefore, be it At the request of Mr. GRAMS, the S. 3137 Resolved, name of the Senator from Ohio (Mr. At the request of Mr. SESSIONS, the (a) The Senate, on behalf of the people of DEWINE) was added as a cosponsor of S. name of the Senator from Michigan the United States

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.087 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9865 (1) welcomes the constitutional transition ments, and governments of foreign countries (2) by striking ‘‘cockpit voice recorder’’ in of power in Mexico; for the provision of facilities, accident-re- paragraphs (1) and (2) and inserting ‘‘cockpit (2) congratulates the people of Mexico and lated and technical services or training in voice or video recorder’’; and their elected representatives for this historic accident investigation theory and tech- (3) by inserting ‘‘or any written depiction change; niques, and require that such entities pro- of visual information’’ after ‘‘transcript’’ in (3) expresses its intent to continue to work vide appropriate consideration for the rea- the second sentence of paragraph (1). cooperatively with Mexican authorities to sonable costs of any facilities, goods, serv- (b) SURFACE VEHICLE RECORDINGS AND promote broad and effective efforts for the ices, or training provided by the Board.’’. TRANSCRIPTS.— health and welfare of U.S. and Mexican citi- (b) DEPOSIT OF AMOUNTS.— (1) IN GENERAL.—Section 1114 is amended— zens endangered by international drug traf- (1) Section 1113(b)(2) is amended— (A) by redesignating subsections (d) and (e) ficking, use, and production. (A) by inserting ‘‘as offsetting collections’’ as subsections (e) and (f), respectively; and (b) SENSE OF THE SENATE.—It is the sense after ‘‘to be credited’’; and (B) by inserting after subsection (e) the fol- of the Senate that the incoming new govern- (B) by adding after ‘‘Board.’’ the following: lowing: ments in both Mexico and the United States ‘‘The Board shall maintain an annual record ‘‘(d) SURFACE VEHICLE RECORDINGS AND must develop and implement a counterdrug of collections received under paragraph (1)(I) TRANSCRIPTS.— program that more effectively addresses the of this subsection.’’. ‘‘(1) CONFIDENTIALITY OF RECORDINGS.—The official corruption, the increase in drug traf- (2) Section 1114(a) is amended— Board may not disclose publicly any part of fic, and the lawlessness that has resulted (A) by inserting ‘‘(1)’’ before ‘‘Except’’; and a surface vehicle voice or video recorder re- from illegal drug trafficking, and that a one- (B) by adding at the end thereof the fol- cording or transcript of oral communications year waiver of the requirement that the lowing: by or among drivers, train employees, or President certify Mexico is warranted to per- ‘‘(2) The Board shall deposit in the Treas- other operating employees responsible for mit both new governments time to do so. ury amounts received under paragraph (1) to the movement and direction of the vehicle or vessel, or between such operating employees f be credited to the appropriation of the Board as offsetting collections.’’. and company communication centers, re- AMENDMENTS SUBMITTED (3) Section 1115(d) is amended by striking lated to an accident investigated by the ‘‘of the ‘National Transportation Safety Board. However, the Board shall make public Board, Salaries and Expenses’ ’’ and inserting any part of a transcript or any written depic- ‘‘of the Board’’. tion of visual information that the Board de- FAMINE PREVENTION AND FREE- cides is relevant to the accident— DOM FROM HUNGER IMPROVE- SEC. 4. OVERTIME PAY. Section 1113 is amended by adding at the ‘‘(A) if the Board holds a public hearing on MENT ACT OF 2000 end the following: the accident, at the time of the hearing; or ‘‘(g) OVERTIME PAY.— ‘‘(B) if the Board does not hold a public ‘‘(1) IN GENERAL.—Subject to the require- hearing, at the time a majority of the other HAGEL AMENDMENT NO. 4289 ments of this section and notwithstanding factual reports on the accident are placed in paragraphs (1) and (2) of section 5542(a) of the public docket. Mr. FITZGERALD (for Mr. HAGEL) title 5, for an employee of the Board whose ‘‘(2) REFERENCES TO INFORMATION IN MAKING proposed an amendment to the bill basic pay is at a rate which equals or exceeds SAFETY RECOMMENDATIONS.—This subsection (H.R. 4002) to amend the Foreign As- the minimum rate of basic pay for GS–10 of does not prevent the Board from referring at sistance Act of 1961 to revise and im- the General Schedule, the Board may estab- any time to voice or video recorder informa- prove provisions relating to famine lish an overtime hourly rate of pay for the tion in making safety recommendations.’’. prevention and freedom from hunger; employee with respect to work performed at (2) CONFORMING AMENDMENT.—The first sen- as follows: the scene of an accident (including travel to tence of section 1114(a) is amended by strik- or from the scene) and other work that is ing ‘‘and (e)’’ and inserting ‘‘(d), and (f)’’. On page 23, line 2, insert ‘‘agricultural critical to an accident investigation in an (c) DISCOVERY AND USE OF COCKPIT AND and’’ after ‘‘world’s’’. amount equal to one and one-half times the SURFACE VEHICLE RECORDINGS AND TRAN- f hourly rate of basic pay of the employee. All SCRIPTS.— of such amount shall be considered to be pre- (1) IN GENERAL.—Section 1154 is amended— NATIONAL TRANSPORTATION mium pay. (A) by striking the section heading and in- serting the following: SAFETY BOARD AMENDMENTS ‘‘(2) LIMITATION ON OVERTIME PAY TO AN EM- ACT OF 2000 PLOYEE.—An employee of the Board may not ‘‘§ 1154. Discovery and use of cockpit and surface vehicle recordings and transcripts; On October 3, 2000 the Senate amend- receive overtime pay under paragraph (1), for work performed in a calendar year, in an (B) by striking ‘‘cockpit voice recorder’’ ed and passed S. 2412, as follows: amount that exceeds 15 percent of the annual each place it appears in subsection (a) and S. 2412 rate of basic pay of the employee for such inserting ‘‘cockpit or surface vehicle re- Be it enacted by the Senate and House of Rep- calendar year. corder’’; resentatives of the United States of America in ‘‘(3) LIMITATION ON TOTAL AMOUNT OF OVER- (C) by striking ‘‘section 1114(c)’’ each place Congress assembled, TIME PAY.—The Board may not make over- it appears in subsection (a) and inserting SECTION 1. SHORT TITLE; REFERENCES. time payments under paragraph (1) for work ‘‘section 1114(c) or 1114(d)’’; and (a) SHORT TITLE.—This Act may be cited as performed in any fiscal year in a total (D) by adding at the end the following: the ‘‘National Transportation Safety Board amount that exceeds 1.5 percent of the ‘‘(6) In this subsection: Amendments Act of 2000’’. amount appropriated to carry out this chap- ‘‘(A) RECORDER.—The term ‘recorder’ (b) REFERENCES.—Except as otherwise spe- ter for that fiscal year. means a voice or video recorder. cifically provided, whenever in this Act an ‘‘(4) BASIC PAY DEFINED.—In this sub- ‘‘(B) TRANSCRIPT.—The term ‘transcript’ amendment or repeal is expressed in terms of section, the term ‘basic pay’ includes any ap- includes any written depiction of visual in- an amendment to, or repeal of, a section or plicable locality-based comparability pay- formation obtained from a video recorder.’’. other provision of law, the reference shall be ment under section 5304 of title 5 (or similar (2) CONFORMING AMENDMENT.—The chapter considered to be made to a section or other provision of law) and any special rate of pay analysis for chapter 11 is amended by strik- provision of title 49, United States Code. under section 5305 of title 5 (or similar provi- ing the item relating to section 1154 and in- sion of law). serting the following: SEC. 2. DEFINITIONS. ‘‘(5) ANNUAL REPORT.—Not later than Janu- Section 1101 is amended to read as follows: ‘‘1154. Discovery and use of cockpit and sur- ary 31, 2002, and annually thereafter, the face vehicle recordings and ‘‘§ 1101. Definitions Board shall transmit to the Senate Com- transcripts.’’. ‘‘Section 2101(17a) of title 46 and section mittee on Commerce, Science, and Transpor- SEC. 6. PRIORITY OF INVESTIGATIONS. 40102(a) of this title apply to this chapter. In tation and the House Transportation and In- (a) IN GENERAL.—Section 1131(a)(2) is this chapter, the term ‘accident’ includes frastructure Committee a report identifying amended— damage to or destruction of vehicles in sur- the total amount of overtime payments (1) by striking ‘‘(2) An investigation’’ and face or air transportation or pipelines, re- made under this subsection in the preceding inserting: gardless of whether the initiating event is fiscal year, and the number of employees ‘‘(2)(A) Subject to the requirements of this accidental or otherwise.’’. whose overtime pay under this subsection paragraph, an investigation’’; and SEC. 3. AUTHORITY TO ENTER INTO AGREE- was limited in that fiscal year as a result of (2) by adding at the end the following: MENTS. the 15 percent limit established by paragraph ‘‘(B) If the Attorney General, in consulta- (a) IN GENERAL.—Section 1113(b)(1)(I) is (2).’’. tion with the Chairman of the Board, deter- amended to read as follows: SEC. 5. RECORDERS. mines and notifies the Board that cir- ‘‘(I) negotiate and enter into agreements (a) COCKPIT VIDEO RECORDINGS.—Section cumstances reasonably indicate that the ac- with individuals and private entities and de- 1114(c) is amended— cident may have been caused by an inten- partments, agencies, and instrumentalities (1) by striking ‘‘VOICE’’ in the subsection tional criminal act, the Board shall relin- of the Government, State and local govern- heading; quish investigative priority to the Federal

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.089 pfrm02 PsN: S04PT1 S9866 CONGRESSIONAL RECORD — SENATE October 4, 2000 Bureau of Investigation. The relinquishment of the private sector audit firm contract en- SEC. 16. CONFIRMATION OF INTERIM FINAL of investigative priority by the Board shall tered into by the Board in March, 2000. The RULE ISSUANCE UNDER SECTION not otherwise affect the authority of the improved internal audit controls shall, at a 45301. Board to continue its investigation under minimum, address Board asset management The publication, by the Department of this section. systems, including systems for accounting Transportation, Federal Aviation Adminis- ‘‘(C) If a Federal law enforcement agency management, debt collection, travel, and tration, in the Federal Register of June 6, suspects and notifies the Board that an acci- property and inventory management and 2000 (65 FR 36002) of an interim final rule dent being investigated by the Board under control. concerning Fees for FAA Services for Cer- tain Flights (Docket No. FAA–00–7018) is subparagraph (A), (B), (C), or (D) of para- SEC. 12. AUTHORITY OF THE INSPECTOR GEN- graph (1) may have been caused by an inten- ERAL. deemed to have been issued in accordance tional criminal act, the Board, in consulta- (a) IN GENERAL.—Subchapter III of chapter with the requirements of section 45301(b)(2) tion with the law enforcement agency, shall 11 of subtitle II is amended by adding at the of title 49, United States Code. take necessary actions to ensure that evi- end the following: SEC. 17. AERONAUTICAL CHARTING. dence of the criminal act is preserved.’’. ‘‘§ 1137. Authority of the Inspector General (a) IN GENERAL.—Section 44721 of title 49, (b) REVISION OF 1977 AGREEMENT.—Not later United States Code, is amended— ‘‘(a) IN GENERAL.—The Inspector General of than 1 year after the date of the enactment (1) by striking paragraphs (3) and (4) of the Department of Transportation, in ac- of this Act, the National Transportation subsection (c); and cordance with the mission of the Inspector Safety Board and the Federal Bureau of In- (2) by adding at the end of subsection (g)(1) General to prevent and detect fraud and vestigation shall revise their 1977 agreement the following: abuse, shall have authority to review only on the investigation of accidents to take ‘‘(D) CONTINUATION OF PRICES.—The price of the financial management, property manage- into account the amendments made by this any product created under subsection (d) ment, and business operations of the Na- Act. may correspond to the price of a comparable tional Transportation Safety Board, includ- product produced by a department of the SEC. 7. PUBLIC AIRCRAFT INVESTIGATION CLAR- ing internal accounting and administrative IFICATION. United States Government as that price was control systems, to determine compliance Section 1131(d) is amended by striking in effect on September 30, 2000, and may re- with applicable Federal laws, rules, and reg- ‘‘1134(b)(2)’’ and inserting ‘‘1134 (a), (b), (d), main in effect until modified by regulation ulations. and (f)’’. under section 9701 of title 31, United States ‘‘(b) DUTIES.—In carrying out this section, Code.’’; and SEC. 8. MEMORANDUM OF UNDERSTANDING. the Inspector General shall— (3) by adding at the end of subsection (g) Not later than 1 year after the date of the ‘‘(1) keep the Chairman of the Board and the following: enactment of this Act, the National Trans- Congress fully and currently informed about (5) CREDITING AMOUNTS RECEIVED.—Not- portation Safety Board and the United problems relating to administration of the withstanding any other provision of law, States Coast Guard shall revise their Memo- internal accounting and administrative con- amounts received for the sale of products randum of Understanding governing major trol systems of the Board; created and services performed under this marine accidents— ‘‘(2) issue findings and recommendations section shall be fully credited to the account (1) to redefine or clarify the standards used for actions to address such problems; and of the Federal Aviation Administration that to determine when the National Transpor- ‘‘(3) report periodically to Congress on any funded the provision of the products or serv- tation Safety Board will lead an investiga- progress made in implementing actions to ices and shall remain available until ex- tion; and address such problems. pended. (2) to develop new standards to determine ‘‘(c) ACCESS TO INFORMATION.—In carrying (b) EFFECTIVE DATE.—The amendments when a major marine accident involves sig- out this section, the Inspector General may made by subsection (a) take effect on Octo- nificant safety issues relating to Coast exercise authorities granted to the Inspector ber 1, 2000. Guard safety functions. General under subsections (a) and (b) of sec- SEC. 9. TRAVEL BUDGETS. tion 6 of the Inspector General Act of 1978 (5 f The Chairman of the National Transpor- U.S.C. App.). THE CALENDAR tation Safety Board shall establish annual ‘‘(d) REIMBURSEMENT.—The Inspector Gen- fiscal year budgets for non-accident-related eral shall be reimbursed by the Board for the The PRESIDING OFFICER. The Sen- travel expenditures for Board members costs associated with carrying out activities ator from Illinois. which shall be approved by the Board and under this section.’’. Mr. FITZGERALD. Mr. President, I submitted to the Senate Committee on Com- (b) CONFORMING AMENDMENT.—The sub- will resume my filibuster on the Inte- merce, Science, and Transportation and to chapter analysis for such subchapter is rior appropriations conference com- the House of Representatives Committee on amended by adding at the end the following: mittee report. But the majority leader Transportation and Infrastructure together ‘‘1137. Authority of the Inspector General.’’. with an annual report detailing the non-acci- has asked me to take care of a few SEC. 13. AUTHORIZATION OF APPROPRIATIONS. dent-related travel of each Board member. housekeeping matters in the mean- Section 1118 is amended to read as follows: The report shall include separate accounting time. I want to do that for the informa- for foreign and domestic travel, including ‘‘§ 1118. Authorization of appropriations tion of all Senators, before they go any personnel or other expenses associated ‘‘(a) IN GENERAL.—There are authorized to home for the evening. with that travel. be appropriated for the purposes of this chap- f SEC. 10. CHIEF FINANCIAL OFFICER. ter $57,000,000 for fiscal year 2000, $65,000,000 Section 1111 is amended— for fiscal year 2001, and $72,000,000 for fiscal APPOINTMENT (1) by redesignating subsection (h) as sub- year 2002, such sums to remain available The PRESIDING OFFICER. The until expended. section (i); and Chair, on behalf of the President pro (2) by inserting after subsection (g) the fol- ‘‘(b) EMERGENCY FUND.—The Board has an lowing: emergency fund of $2,000,000 available for tempore, and in consultation with the ‘‘(h) CHIEF FINANCIAL OFFICER.—The Chair- necessary expenses of the Board, not other- chairman and the ranking minority man shall designate an officer or employee wise provided for, for accident investiga- member of the Finance Committee, of the Board as the Chief Financial Officer. tions. Amounts equal to the amounts ex- pursuant to Public Law 103–296, ap- The Chief Financial Officer shall— pended annually out of the fund are author- points David Podoff, of Maryland, as a ‘‘(1) report directly to the Chairman on fi- ized to be appropriated to the emergency member of the Social Security Advi- fund.’’. nancial management and budget execution; sory Board, vice Lori L. Hansen. ‘‘(2) direct, manage, and provide policy SEC. 14. CREDITING OF LAW ENFORCEMENT guidance and oversight on financial manage- FLIGHT TIME. f ment and property and inventory control; In determining whether an individual RECOGNIZING THE 25th ANNIVER- and meets the aeronautical experience require- SARY OF THE ENACTMENT OF ‘‘(3) review the fees, rents, and other ments imposed under section 44703 of title 49, charges imposed by the Board for services United States Code, for an airman certificate THE EDUCATION FOR ALL and things of value it provides, and suggest or rating, the Secretary of Transportation HANDICAPPED CHILDREN ACT OF appropriate revisions to those charges to re- shall take into account any time spent by 1975 flect costs incurred by the Board in pro- that individual operating a public aircraft as MR. FITZGERALD. Mr. President, I viding those services and things of value.’’. defined in section 40102 of title 49, United ask unanimous consent that the Sen- SEC. 11. IMPROVED AUDIT PROCEDURES. States Code, if that aircraft is— (1) identifiable by category and class; and ate proceed to the immediate consider- The National Transportation Safety Board, ation of Calendar No. 829, H. Con. Res. in consultation with the Inspector General of (2) used in law enforcement activities. the Department of Transportation, shall de- SEC. 15. TECHNICAL CORRECTION. 399. velop and implement comprehensive internal Section 46301(d)(2) of title 49, United States The PRESIDING OFFICER. The audit controls for its financial programs Code, is amended by striking ‘‘46302, 46303,’’ clerk will report the resolution by based on the findings and recommendations and inserting ‘‘46301(b), 46302, 46303, 46318,’’. title.

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.046 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9867 The legislative clerk read as follows: proceed to the consideration of Cal- Committee on Indian Affairs reports S. A concurrent resolution (H. Con. Res. 399) endar No. 848, H.R. 4806. 2917, a bill to settle the land claims of recognizing the 25th anniversary of the en- The PRESIDING OFFICER. The the Pueblo of Santa Domingo, the bill actment of the Education for All Handi- clerk will report the bill by title. be referred to the Energy Committee capped Children Act of 1975. The legislative clerk read as follows: for a period not to exceed 7 days; fur- There being no objection, the Senate A bill (H.R. 4806) to designate the Federal ther, I ask unanimous consent that if proceeded to consider the concurrent Building located at 1710 Alabama Avenue in the Energy Committee has not re- resolution. Jasper, Alabama, as the ‘‘Carl Elliot Federal ported the measure prior to the expira- Mr. FITZGERALD. I ask unanimous Building’’. tion of the 7-day period, the bill be consent the resolution be agreed to, There being no objection, the Senate automatically discharged and placed the preamble be agreed to, the motion proceeded to consider the bill. on the calendar. to reconsider be laid upon the table, Mr. FITZGERALD. I ask unanimous The PRESIDING OFFICER. Without and any statements relating to this consent the bill be read the third time objection, it is so ordered. resolution be printed in the RECORD. The PRESIDING OFFICER. Without and passed, the motion to reconsider be f laid upon the table, and any state- objection, it is so ordered. MAKING CERTAIN PERSONNEL ments relating to the bill be printed in The concurrent resolution (H. Con. FLEXIBILITIES AVAILABLE Res. 399) was agreed to. the RECORD. The preamble was agreed to. The PRESIDING OFFICER. Without Mr. FITZGERALD. Mr. President, I f objection, it is so ordered. ask unanimous consent that the Gov- The bill (H.R. 4806) was read the third ernmental Affairs Committee be dis- WILLIAM H. NATCHER BRIDGE time and passed. charged from further consideration of Mr. FITZGERALD. Mr. President, I f H.R. 4642 and the Senate then proceed ask unanimous consent that the Sen- to its immediate consideration. ate now proceed to the consideration of OWEN B. PICKETT U.S. The PRESIDING OFFICER. Without Calendar No. 846, H.R. 1162. CUSTOMHOUSE objection, it is so ordered. The PRESIDING OFFICER. The Mr. FITZGERALD. I ask unanimous The clerk will report the bill by title. clerk will report the bill by title. consent the Senate proceed to the im- The legislative clerk read as follows: The legislative clerk read as follows: mediate consideration of H.R. 5284, A bill (H.R. 4642) to make certain personnel A bill (H.R. 1162) to designate the bridge on which is at the desk. flexibilities available with respect to the United States Route 231 that crosses the The PRESIDING OFFICER. The General Accounting Office, and for other Ohio River between Maceo, Kentucky, and purposes. clerk will report the bill by title. Rockport, Indiana, as the ‘‘William H. There being no objection, the Senate Natcher Bridge.’’ The legislative clerk read as follows: proceeded to consider the bill. There being no objection, the Senate A bill (H.R. 5284) to designate the U.S. cus- tomhouse located at 101 East Main Street in Mr. FITZGERALD. Mr. President, I proceeded to consider the bill. ask unanimous consent that the bill be Mr. FITZGERALD. I ask unanimous Norfolk, Virginia, as the ‘‘Owen B. Pickett read the third time and passed, the mo- consent the bill be read the third time U.S. Customhouse.’’ tion to reconsider be laid upon the and passed, the motion to reconsider be There being no objection, the Senate table, and that any statements relating laid upon the table, and any state- proceeded to consider the bill. to the bill be printed in the RECORD. ments relating to the bill be printed in Mr. FITZGERALD. I ask unanimous The PRESIDING OFFICER. Without the RECORD. consent the bill be read three times, The PRESIDING OFFICER. Without passed, the motion to reconsider be objection, it is so ordered. The bill objection, it is so ordered. laid upon the table, with no inter- (H.R. 4642) was read the third time and The bill (H.R. 1162) was read the third vening action or debate. passed. time and passed. The PRESIDING OFFICER. Without f f objection, it is so ordered. AMENDING THE FOREIGN The bill (H.R. 5284) was read the third J. SMITH HENLEY FEDERAL ASSISTANCE ACT OF 1961 time and passed. BUILDING Mr. FITZGERALD. Mr. President, I f Mr. FITZGERALD. Mr. President, I ask unanimous consent that the Sen- ask unanimous consent the Senate now RED RIVER NATIONAL WILDLIFE ate now proceed to the consideration of proceed to the consideration of Cal- REFUGE ACT Calendar No. 913, H.R. 4002. The PRESIDING OFFICER. The endar No. 847, H.R. 1605. Mr. FITZGERALD. Mr. President, I The PRESIDING OFFICER. The clerk will report the bill by title. ask unanimous consent that the Sen- clerk will report the bill by title. The legislative clerk read as follows: The legislative clerk read as follows: ate proceed to the consideration of Cal- endar No. 909, H.R. 4318. A bill (H.R. 4002) to amend the Foreign As- A bill (H.R. 1605) to designate the Federal sistance Act of 1961 to revise and improve Building and United States Courthouse lo- The PRESIDING OFFICER. The provisions relating to famine prevention and cated at 402 North Walnut Street in Har- clerk will report the bill by title. freedom from hunger. rison, Arkansas, as the ‘‘J. Smith Henley The legislative clerk read as follows: There being no objection, the Senate Federal Building and United States Court- A bill (H.R. 4318) to establish the Red River house.’’ proceeded to consider the bill, which National Wildlife Refuge. had been reported from the Committee There being no objection, the Senate There being no objection, the Senate on Foreign Relations, with an amend- proceeded to consider the bill. proceeded to consider the bill. Mr. FITZGERALD. I ask unanimous ment. [Strike out all after the enacting Mr. FITZGERALD. Mr. President, I clause and insert the part printed in consent the bill be read the third time ask unanimous consent that the bill be and passed, the motion to reconsider be italic]. read the third time and passed, the mo- SECTION 1. SHORT TITLE. laid upon the table, and any state- tion to reconsider be laid upon the ments relating to the bill be printed in This Act may be cited as the ‘‘Famine Preven- table, and that any statements relating tion and Freedom From Hunger Improvement the RECORD. to the bill be printed in the RECORD. Act of 2000’’. The PRESIDING OFFICER. Without objection, it is so ordered. The PRESIDING OFFICER. Without SEC. 2. GENERAL PROVISIONS. The bill (H.R. 1605) was read the third objection, it is so ordered. (a) DECLARATIONS OF POLICY.—(1) The first time and passed. The bill (H.R. 4318) was read the third sentence of section 296(a) of the Foreign Assist- time and passed. ance Act of 1961 (22 U.S.C. 2220a(a)) is amended f to read as follows: ‘‘The Congress declares that, f CARL ELLIOTT FEDERAL in order to achieve the mutual goals among na- BUILDING SEQUENTIAL REFERRAL—S. 2917 tions of ensuring food security, human health, agricultural growth, trade expansion, and the Mr. FITZGERALD. Mr. President, I Mr. FITZGERALD. Mr. President, I wise and sustainable use of natural resources, ask unanimous consent the Senate now ask unanimous consent that when the the United States should mobilize the capacities

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00081 Fmt 4624 Sfmt 6333 E:\CR\FM\G04OC6.151 pfrm02 PsN: S04PT1 S9868 CONGRESSIONAL RECORD — SENATE October 4, 2000 of the United States land-grant universities, pact of their own investments and those of their ‘‘(C) multilateral banks and agencies receiving other eligible universities, and public and pri- State governments and constituencies, in order United States funds; vate partners of universities in the United States to continue and expand their efforts to advance ‘‘(D) development agencies of other countries; and other countries, consistent with sections 103 agricultural development in cooperating coun- and and 103A of this Act, for: (1) global research on tries, to translate development into economic ‘‘(E) United States Government foreign assist- problems affecting food, agriculture, forestry, growth and trade for the United States and co- ance and economic cooperation programs;’’; and and fisheries; (2) improved human capacity and operating countries, and to prepare future (4) by adding at the end the following: institutional resource development for the global teachers, researchers, extension specialists, en- ‘‘(4) generally engage the United States uni- application of agricultural and related environ- trepreneurs, managers, and decisionmakers for versity community more extensively in the agri- mental sciences; (3) agricultural development the world economy.’’. cultural research, trade, and development ini- and trade research and extension services in the (b) ADDITIONAL DECLARATIONS OF POLICY.— tiatives undertaken outside the United States, United States and other countries to support the Section 296(b) of the Foreign Assistance Act of with the objectives of strengthening its capacity entry of rural industries into world markets; 1961 (22 U.S.C. 2220a(b)) is amended to read as to carry out research, teaching, and extension and (4) providing for the application of agricul- follows: activities for solving problems in food produc- ‘‘(b) Accordingly, the Congress declares that, tural sciences to solving food, health, nutrition, tion, processing, marketing, and consumption in in order to prevent famine and establish freedom rural income, and environmental problems, espe- agriculturally developing nations, and for from hunger, the following components must be cially such problems in low-income, food deficit transforming progress in global agricultural re- brought together in a coordinated program to countries.’’. search and development into economic growth, increase world food and fiber production, agri- (2) The second sentence of section 296(a) of trade, and trade benefits for aid recipient coun- cultural trade, and responsible management of the Foreign Assistance Act of 1961 (22 U.S.C. tries and United States communities and indus- natural resources, including— 2220a(a)) is amended— tries, and for the wise use of natural resources; (A) by redesignating paragraphs (1) through ‘‘(1) continued efforts by the international ag- and (7) as subparagraphs (A) through (G), respec- ricultural research centers and other inter- ‘‘(5) ensure that all federally funded support tively; national research entities to provide a global (B) in subparagraph (A) (as redesignated), by network, including United States universities, to universities and public and private partners striking ‘‘in this country’’ and inserting ‘‘with for international scientific collaboration on of universities relating to the goals of this title and through the private sector in this country crops, livestock, forests, fisheries, farming re- is periodically reviewed for its performance.’’. and to understanding processes of economic de- sources, and food systems of worldwide impor- (d) DEFINITION OF UNIVERSITIES.—Section velopment’’; tance; 296(d) of the Foreign Assistance Act of 1961 (22 (C) in subparagraph (B) (as redesignated), to ‘‘(2) contract research and the implementation U.S.C. 2220a(d)) is amended— read as follows: of collaborative research support programs and (1) by inserting after ‘‘sea-grant colleges;’’ the ‘‘(B) that land-grant and other universities in other research collaboration led by United following: ‘‘Native American land-grant colleges the United States have demonstrated over many States universities, and involving research sys- as authorized under the Equity in Educational years their ability to cooperate with inter- tems in other countries focused on crops, live- Land-Grant Status Act of 1994 (7 U.S.C. 301 national agencies, educational and research in- stock, forests, fisheries, farming resources, and note);’’; and stitutions in other countries, the private sector, food systems, with benefits to the United States (2) in paragraph (1), by striking ‘‘extension’’ and nongovernmental organizations worldwide, and partner countries; and inserting ‘‘extension (including outreach)’’. in expanding global agricultural production, ‘‘(3) broadly disseminating the benefits of (e) DEFINITION OF ADMINISTRATOR.—Section processing, business and trade, to the benefit of global agricultural research and development 296(e) of the Foreign Assistance Act of 1961 (22 aid recipient countries and of the United including increased benefits for United States U.S.C. 2220a(e)) is amended by inserting States;’’; agriculturally related industries through estab- ‘‘United States’’ before ‘‘Agency’’. (D) in subparagraph (C) (as redesignated), to lishment of development and trade information (f) DEFINITION OF PUBLIC AND PRIVATE PART- read as follows: and service centers, for rural as well as urban NERS OF UNIVERSITIES.—Section 296 of the For- ‘‘(C) that, in a world of growing populations communities, through extension, cooperatively eign Assistance Act of 1961 (22 U.S.C. 2220a) is with rising expectations, increased food produc- with, and supportive of, existing public and pri- amended by adding at the end the following: tion and improved distribution, storage, and vate trade and development related organiza- ‘‘(f) As used in this title, the term ‘public and marketing in the developing countries is nec- tions; private partners of universities’ includes entities essary not only to prevent hunger and ensure ‘‘(4) facilitation of participation by univer- that have cooperative or contractual agreements human health and child survival, but to build sities and public and private partners of univer- with universities, which may include formal or the basis for economic growth and trade, and sities in programs of multilateral banks and informal associations of universities, other edu- the social security in which democracy and a agencies which receive United States funds; cation institutions, United States Government market economy can thrive, and moreover, that ‘‘(5) expanding learning opportunities about and State agencies, private voluntary organiza- the greatest potential for increasing world food global agriculture for students, teachers, com- tions, nongovernmental organizations, firms op- supplies and incomes to purchase food is in the munity leaders, entrepreneurs, and the general erated for profit, nonprofit organizations, multi- developing countries where the gap between public through international internships and national banks, and, as designated by the Ad- food need and food supply is the greatest and exchanges, graduate assistantships, faculty po- ministrator, any organization, institution, or current incomes are lowest;’’; sitions, and other means of education and ex- agency incorporated in other countries.’’. (E) by striking subparagraphs (E) and (G) (as tension through long-term recurring Federal (g) DEFINITION OF AGRICULTURE.—Section 296 redesignated); funds matched by State funds; and of the Foreign Assistance Act of 1961 (22 U.S.C. (F) by striking ‘‘and’’ at the end of subpara- ‘‘(6) competitive grants through universities to 2220a) is amended by adding at the end the fol- graph (F) (as redesignated); United States agriculturalists and public and lowing: (G) by redesignating subparagraph (F) as sub- private partners of universities from other coun- ‘‘(g) As used in this title, the term ‘agri- paragraph (G); and tries for research, institution and policy devel- (H) by inserting after subparagraph (D) the culture’ includes the science and practice of ac- opment, extension, training, and other programs tivity related to food, feed, and fiber production, following: for global agricultural development, trade, and ‘‘(E) that, with expanding global markets and processing, marketing, distribution, utilization, responsible management of natural resources.’’. and trade, and also includes family and con- increasing imports into many countries, includ- (c) SENSE OF THE CONGRESS.—Section 296(c) of sumer sciences, nutrition, food science and engi- ing the United States, food safety and quality, the Foreign Assistance Act of 1961 (22 U.S.C. neering, agricultural economics and other social as well as secure supply, have emerged as mu- 2220a(c)) is amended— sciences, forestry, wildlife, fisheries, aqua- tual concerns of all countries; (1) in paragraph (1), by striking ‘‘each compo- culture, floraculture, veterinary medicine, and ‘‘(F) that research, teaching, and extension nent’’ and inserting ‘‘each of the program com- other environmental and natural resources activities, and appropriate institutional and pol- ponents described in paragraphs (1) through (6) sciences.’’. icy development therefore are prime factors in of subsection (b)’’; improving agricultural production, food dis- (2) in paragraph (2)— (h) DEFINITION OF AGRICULTURISTS.—Section tribution, processing, storage, and marketing (A) by inserting ‘‘and public and private part- 296 of the Foreign Assistance Act of 1961 (22 abroad (as well as in the United States);’’; ners of universities’’ after ‘‘for the universities’’; U.S.C. 2220a) is amended by adding at the end (I) in subparagraph (G) (as redesignated), by and the following: striking ‘‘in the United States’’ and inserting (B) by striking ‘‘and’’ at the end; ‘‘(h) As used in this title, the term ‘agricultur- ‘‘and the broader economy of the United (3) in paragraph (3)— ists’ includes farmers, herders, and livestock States’’; and (A) by inserting ‘‘and public and private part- producers, individuals who fish and others em- (J) by adding at the end the following: ners of universities’’ after ‘‘such universities’’; ployed in cultivating and harvesting food re- ‘‘(H) that there is a need to responsibly man- (B) in subparagraph (A), by striking ‘‘, and’’ sources from salt and fresh waters, individuals age the world’s natural resources for sustained and inserting a semicolon; who cultivate trees and shrubs and harvest non- productivity, health and resilience to climate (C) in subparagraph (B), by striking the timber forest products, as well as the processors, variability; and comma at the end and inserting a semicolon; managers, teachers, extension specialists, re- ‘‘(I) that universities and public and private (D) by striking the matter following subpara- searchers, policymakers, and others who are en- partners of universities need a dependable graph (B); and gaged in the food, feed, and fiber system and its source of funding in order to increase the im- (E) by adding at the end the following: relationships to natural resources.’’.

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00082 Fmt 4624 Sfmt 6333 E:\CR\FM\A04OC6.050 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9869 SEC. 3. GENERAL AUTHORITY. ‘‘(b) The Board’s general areas of responsi- (Purpose: To include in the statement of (a) AUTHORIZATION OF ASSISTANCE.—Section bility shall include participating in the plan- policies that there is a need to responsibly 297(a) of the Foreign Assistance Act of 1961 (22 ning, development, and implementation of, initi- manage the world’s agricultural, as well U.S.C. 2220b(a)) is amended— ating recommendations for, and monitoring, the as, natural resources for sustained produc- (1) in paragraph (1), to read as follows: activities described in section 297 of this title.’’. tivity, health and resilience to climate ‘‘(1) to implement program components (c) DUTIES OF THE BOARD.—Section 298(c) of variability) through United States universities as authorized the Foreign Assistance Act of 1961 (22 U.S.C. On page 23, line 2, insert ‘‘agricultural by paragraphs (2) through (5) of this sub- 2220c(c)) is amended— and’’ after ‘‘world’s’’. section;’’; (1) in paragraph (2)— Mr. FITZGERALD. Mr. President, I (2) in paragraph (3), to read as follows: (A) in subparagraph (A), by striking ‘‘increase ‘‘(3) to provide long-term program support for food production’’ and all that follows and in- ask unanimous consent that the United States university global agricultural and serting the following: ‘‘improve agricultural pro- amendment be agreed to. related environmental collaborative research duction, trade, and natural resource manage- The amendment (No. 4289) was agreed and learning opportunities for students, teach- ment in developing countries, and with private to. ers, extension specialists, researchers, and the organizations seeking to increase agricultural Mr. FITZGERALD. Mr. President, I general public;’’; and production and trade, natural resources man- ask unanimous consent the committee (3) in paragraph (4)— agement, and household food security in devel- substitute amendment, as amended, be (A) by inserting ‘‘United States’’ before ‘‘uni- oping and transition countries;’’; and versities’’; agreed to, the bill be read a third time (B) in subparagraph (B), by inserting before and passed, as amended, the motion to (B) by inserting ‘‘agricultural’’ before ‘‘re- ‘‘sciences’’ the following: ‘‘, environmental, and search centers’’; and related social’’; reconsider be laid upon the table, and (C) by striking ‘‘and the institutions of agri- (2) in paragraph (4), after ‘‘Administrator and that any statements relating to the culturally developing nations’’ and inserting universities’’ insert ‘‘and their partners’’; bill be printed in the RECORD. ‘‘multilateral banks, the institutions of agri- (3) in paragraph (5), after ‘‘universities’’ in- The PRESIDING OFFICER. Without culturally developing nations, and United sert ‘‘and public and private partners of univer- objection, it is so ordered. States and foreign nongovernmental organiza- sities’’; The committee substitute, as amend- tions supporting extension and other produc- (4) in paragraph (6), by striking ‘‘and’’ at the ed, was agreed to. tivity-enhancing programs’’. end; (b) REQUIREMENTS.—Section 297(b) of the For- The bill (H.R. 4002), as amended, was (5) in paragraph (7), by striking ‘‘in the devel- eign Assistance Act of 1961 (22 U.S.C. 2220b(b)) read the third time and passed. oping nations.’’ and inserting ‘‘and natural re- is amended— f source issues in the developing nations, assuring (1) in paragraph (1)— efficiency in use of Federal resources, including (A) in the matter preceding subparagraph (A), ORDERS FOR THURSDAY, OCTOBER in accordance with the Governmental Perform- by striking ‘‘universities’’ and inserting ‘‘United 5, 2000 ance and Results Act of 1993 (Public Law 103– States universities with public and private part- 62; 107 Stat. 285), and the amendments made by Mr. FITZGERALD. Mr. President, I ners of universities’’; and ask unanimous consent that when the (B) in subparagraph (C)— that Act;’’; and (i) by inserting ‘‘, environment,’’ before ‘‘and (6) by adding at the end the following: Senate completes its business today, it related’’; and ‘‘(8) developing information exchanges and recess until the hour of 9:30 a.m., on (ii) by striking ‘‘farmers and farm families’’ consulting regularly with nongovernmental or- Thursday, October 5. I further ask con- and inserting ‘‘agriculturalists’’; ganizations, consumer groups, producers, agri- sent that on Thursday, immediately (2) in paragraph (2), by inserting ‘‘, including businesses and associations, agricultural co- following the prayer, the Journal of resources of the private sector,’’ after ‘‘Federal operatives and commodity groups, State depart- ments of agriculture, State agricultural research proceedings be approved to date, the or State resources’’; and time for the two leaders be reserved for (3) in paragraph (3), by striking ‘‘and the and extension agencies, and academic institu- United States Department of Agriculture’’ and tions; their use later in the day, and the Sen- all that follows and inserting ‘‘, the Department ‘‘(9) investigating and resolving issues con- ate then resume consideration of H.J. of Agriculture, State agricultural agencies, the cerning implementation of this title as requested Res. 110, the continuing resolution, Department of Commerce, the Department of the by universities; and under the previous order. Interior, the Environmental Protection Agency, ‘‘(10) advising the Administrator on any and The PRESIDING OFFICER. Without the Office of the United States Trade Represent- all issues as requested.’’. objection, it is so ordered. (d) SUBORDINATE UNITS.—Section 298(d) of the ative, the Food and Drug Administration, other f appropriate Federal agencies, and appropriate Foreign Assistance Act of 1961 (22 U.S.C. nongovernmental and business organizations.’’. 2220c(d)) is amended— PROGRAM (1) in paragraph (1)— (c) FURTHER REQUIREMENTS.—Section 297(c) Mr. FITZGERALD. For the informa- of the Foreign Assistance Act of 1961 (22 U.S.C. (A) by striking ‘‘Research’’ and insert ‘‘Pol- 2220b(c)) is amended— icy’’; tion of all Senators, the Senate will (1) in paragraph (2), to read as follows: (B) by striking ‘‘administration’’ and insert- begin closing remarks on the con- ‘‘(2) focus primarily on the needs of agricul- ing ‘‘design’’; and tinuing resolution at 9:30 a.m. tomor- tural producers, rural families, processors, trad- (C) by striking ‘‘section 297(a)(3) of this title’’ row. Under the order, there will be ap- ers, consumers, and natural resources man- and inserting ‘‘section 297’’; and proximately 30 minutes equally divided agers;’’; and (2) in paragraph (2)— on the resolution, with a vote on adop- (A) by striking ‘‘Joint Committee on Country (2) in paragraph (4), to read as follows: tion of the resolution scheduled to ‘‘(4) be carried out within the developing Programs’’ and inserting ‘‘Joint Operations countries and transition countries comprising Committee’’; and occur at 10 a.m. newly emerging democracies and newly liberal- (B) by striking ‘‘which shall assist’’ and all Following the vote, the Senate is ex- ized economies; and’’. that follows and inserting ‘‘which shall assist in pected to resume consideration of the (d) SPECIAL PROGRAMS.—Section 297 of the and advise on the mechanisms and processes for conference report to accompany the In- Foreign Assistance Act of 1961 (22 U.S.C. 2220b) implementation of activities described in section terior appropriations bill. The Senate is amended by adding at the end the following 297.’’. may also begin consideration of any new subsection: SEC. 5. ANNUAL REPORT. other appropriations bills available for ‘‘(e) The Administrator shall establish and Section 300 of the Foreign Assistance Act of action; therefore, Senators should be carry out special programs under this title as 1961 (22 U.S.C. 2220e) is amended by striking prepared for votes throughout the day. part of ongoing programs for child survival, de- ‘‘April 1’’ and inserting ‘‘September 1’’. mocratization, development of free enterprise, f AMENDMENT NO. 4289 environmental and natural resource manage- DEPARTMENT OF THE INTERIOR ment, and other related programs.’’. Mr. FITZGERALD. Mr. President, AND RELATED AGENCIES APPRO- SEC. 4. BOARD FOR INTERNATIONAL FOOD AND Senator HAGEL has a technical amend- AGRICULTURAL DEVELOPMENT. ment at the desk, and I ask for its con- PRIATIONS ACT, 2001—CON- (a) ESTABLISHMENT.—Section 298(a) of the sideration. FERENCE REPORT—Continued Foreign Assistance Act of 1961 (22 U.S.C. The PRESIDING OFFICER. The Mr. FITZGERALD. Mr. President, at 2220c(a)) is amended in the third sentence, by clerk will report. this time I would like to return to our inserting at the end before the period the fol- The legislative clerk read as follows: discussion of the Abraham Lincoln lowing: ‘‘on a case-by-case basis’’. The Senator from Illinois [Mr. FITZ- (b) GENERAL AREAS OF RESPONSIBILITY OF THE Presidential Library, which is a project GERALD], for Mr. HAGEL, proposes an amend- BOARD.—Section 298(b) of the Foreign Assist- in the Interior conference committee ance Act of 1961 (22 U.S.C. 2220c(b)) is amended ment numbered 4289. report that we have been discussing to read as follows: The amendment is as follows: from time to time throughout the day.

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.050 pfrm02 PsN: S04PT1 S9870 CONGRESSIONAL RECORD — SENATE October 4, 2000 I spoke earlier, for several hours, in which case it would be up to the mation, at 500/20–85, contemplates the about concerns I have had with the lan- board of directors of that corporation attachment of Federal strings. Section guage in the conference committee re- as to how the money would be handled. 20–85, Federal requirements: A State port. The language authorizes $50 mil- We would not have safeguards for the agency receiving Federal aid funds, lion in Federal expenditures for the li- public. grants, or loans shall have authority to brary in Springfield. It says that the But I also pointed out that if the adopt its procedures, rules, project purpose of those expenditures would be money went to the State of Illinois, statements, drawings, maps, surveys, for the construction of the library, for and the State of Illinois directed the plans, specifications, contract terms, planning, design, acquiring, and con- money to its Capital Development estimates, bid forms, bond forms, and structing the library. But it is inter- Board, there was a real problem. other documents or practices, to com- esting; the actual language in the au- The State of Illinois has a procure- ply with the regulations, policies, and thorization does not say who is getting ment code that was amended a few procedures of the designated authority, the money. It says that the $50 million years ago. It does, in general, seek to administration, or department of the would be going to an entity that would ensure competitive bidding. It is an im- United States in order to remain eligi- be selected later. provement over old laws that the State ble for such Federal aid funds, grants, So the Senate and the House have a of Illinois used to have. or loans. conference committee report before us When I was in the State senate in Mr. President, I ask unanimous con- with a $50 million authorization for the Springfield, in 1997, I voted for the cur- sent to print this statute in the library in Springfield, IL, but we do rent State procurement law. But we RECORD. not know to whom we are going to give pointed out that there is a loophole in There being no objection, the mate- the money. there, and I regret that I missed that rial was ordered to be printed in the When I saw this language earlier on, loophole. The loophole is that the Cap- RECORD, as follows: when the authorizing bill came from ital Development Board has a way to WEST’S SMITH-HURD ILLINOIS COMPILED STAT- the House to my Senate committee, I opt out of competitively bidding UTES ANNOTATED CHAPTER 30. FINANCE saw that as a problem. I saw it also as projects. It is a highly unusual and ir- BONDS AND DEBT ACT 500. ILLINOIS PRO- a problem that there was no require- regular loophole. CUREMENT CODE ARTICLE 20. SOURCE SELEC- ment that the construction project be A letter from the Capital Develop- TION AND CONTRACT FORMATION competitively bid. ment Board to Senator DURBIN stated § 20–85. Federal requirements. A State I thought, what if this money falls that the project would have to be com- agency receiving federal-aid funds, grants, or into the hands of a private entity? The petitively bid because they would re- loans shall have authority to adopt its proce- entity in the bill could apparently be quire it. They said they couldn’t do dures, rules, project statements, drawings, private or public. There is no restric- things that were not competitively bid. maps, surveys, plans, specifications, contract tion in the bill that it can only go to a That is nice they put that in their let- terms, estimates, bid forms, bond forms, and ter, but their letter is flatly contra- other documents or practices to comply with public entity. There is no suggestion in the regulations, policies, and procedures of the bill that the money has to go to dicted by their statute. The statute the designated authority, administration, or the State of Illinois. that governs the Capital Development department of the United States, in order to I thought, we have to take care to Board has a clear opt-out so that the remain eligible for such federal-aid funds, make sure that we have protections in State can just opt out of competitively grants, or loans. there for the taxpayer, so that this biding this project. Fifty million dol- HISTORICAL AND STATUTORY NOTES money cannot be spent improperly. lars in taxpayer money is a lot of Section 99–5 of P.A. 90–572, Article 99, ap- Senator DURBIN came in and spoke money. proved Feb. 6, 1998, provides: earlier. He said that he supports a bid- The one issue Senator DURBIN men- ‘‘Effective date and transition. This Arti- ding process with integrity, as do I. I tioned concerned the attachment of cle, Sections 1–15 through 1–15.115 of Article appreciate Senator DURBIN’s support Federal competitive bid guidelines to 1, and Article 50 take effect upon becoming and the support I have had from all of this project in Springfield, to make law. Articles 1 through 45 and 53 through 95 my 99 colleagues in the Senate, where sure it was properly applied and that take effect January 1, 1998, solely for the we have gone on record by passing leg- we didn’t have political influence in purpose of allowing the promulgation of the awarding of the many contracts rules to implement the Illinois Procurement islation over to the House that says the Code. The Procurement Policy Board estab- Senate thinks it is a good idea that that would be given out. There is, after lished in Article 5 may be appointed as of this $50 million authorization for the all, $120 million of taxpayer money, January 1, 1998, and until July 1, 1998, shall Lincoln Library in Springfield, IL, re- when you include the State of Illinois act only to review proposed purchasing rules. quires that the project be competi- money, the Federal money, the city of Articles 1 through 45 and 53 through 95 for all tively bid in accordance with the com- Springfield money, and any private other purposes take effect on July 1, 1998.’’ prehensive Federal competitive bid money that is contributed to the For applicable effective date of laws provi- guidelines. I thank all my colleagues in project. That is a lot of money. You sions in Illinois governing § 99–5 of P.A. 90– 572, Art. 99, see 5 ILCS 75/0.01 et seq. the Senate for their support on that would think you would want careful proposition. safeguards in that law. It is hard for Mr. FITZGERALD. Clearly, the State I talked to many of my colleagues in me to think of any reason anybody of Illinois contemplates that for many the last couple weeks about this issue, would oppose the strictest possible ex- grants from the Federal Government, and every single one of them agreed: ceptions on how we spend taxpayer they will have to comply with the Fed- Isn’t it a good idea that we restrict money to ensure that there is competi- eral Government’s requirements. That that money so it cannot be misused? tive bidding. is not unusual. The Federal Govern- After all, it is not even clear where the Senator DURBIN wondered how would ment has requirements for education money is going. it work if Federal requirements would money, for Medicaid money, and the It is possible that the money would apply; the State of Illinois wouldn’t like. For this project, I think it is rea- go to the State of Illinois. If it does go know how to handle it if Federal guide- sonable. to the State of Illinois, I think that lines were applied. I don’t think that is We don’t want to unduly hamper it. would be preferable to it being given to correct. As I pointed out to Senator But Federal competitive bidding, who an individual or to a private corpora- DURBIN, it is very clear the State con- would oppose that? I don’t think Demo- tion. templates that Federal guidelines will crats would oppose it. I don’t think Re- I described earlier in the day how frequently be attached when the Fed- publicans would oppose it. Certainly no there is a private not-for-profit organi- eral Government gives money to the Democrat, no Republican in the Senate zation out there that has recently been State of Illinois. If you get Federal wished to go on record opposing it. It is organized known as the Abraham Lin- money from somewhere or you get a simple, safe precaution for the tax- coln Presidential Library Foundation, money from somebody, it is not un- payers. and that I do not think it would be a usual that strings are attached. Again, this statute, which we have good idea to give the taxpayer’s money Article 20 of the Illinois procurement talked about on and off all day, conclu- to a private not-for-profit organization code, source selection and contract for- sively demolishes the letters that are

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.158 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9871 being put out by the Capital Develop- We have talked about leases of build- drawing up the statute the State was ment Board saying they must use com- ings. We have talked about construc- actually attempting to steer these riv- petitive bidding and that there is no tion projects. We have highlighted a erboat licenses to certain individuals. way competitive bidding won’t be used. number of instances in which those It just so happened that an investor in Let me reflect on that argument leases at that time were not competi- the first riverboat license awarded again. They are saying that clearly tively bid, where there were a lot of under the Illinois gaming law was the competitive bidding will be used. This questions about the amounts taxpayers very same individual, Mr. William project now is the focus of a lot of at- were paying for the State to lease Cellini, about whom we have read some tention around the State of Illinois, buildings. And certainly the people in- articles, who got the hotel loan, didn’t and many people have said it will defi- volved in leasing the properties to the have to pay it back, had the leases of nitely be competitively bid. State seem to be very involved in the the State buildings, and has been in- If that is the case, why such stiff op- political process, which raises a lot of volved in politics in Illinois for a long position to attaching the Federal com- questions in one’s mind. time. petitive bid guidelines? If they are I also talked about the hotel loan, I would, if I could, like to continue going to bid it according to the book which involved a loan to a politically on in an examination of what happened and there won’t be any problems with connected developer to build the when the State didn’t competitively the contracts, then why is anybody op- Springfield Renaissance Hotel. It was a bid the riverboat licenses, and I always posed? Why is it? I don’t know. $15 million loan from the State of Illi- believed they should have been com- Clearly, the Office of the Governor of nois. It appeared also, as we read some petitively bid. You had licenses that Illinois believed strongly enough that of those articles, that Federal money turned out to be phenomenally lucra- these guidelines, these restrictions, not was involved in that, too, and that that tive. In some cases, very small invest- ments made many people very rich, be attached. Instead, they chose to go loan was never repaid to the State of very quickly. There was always a ques- around the Senate and try to get the Illinois. Some payments were made. I tion as to how the State determined language snuck into a conference com- don’t know what the unpaid balance is who got the licenses. The people who mittee report, stripped of the competi- today, but I think it is quite substan- wound up getting the first six licenses, tive bidding language, and in a way so tial. That developer still has that that it would be rolled into an $18 bil- which were fairly site-specific, tended hotel, too. This hotel is very close, to be people who were very much in- lion appropriations bill that is a must- about a block and a half, maybe two pass bill. That conference committee volved in State politics in Illinois. blocks away, as we saw, from the pro- They were what I would call ‘‘insiders’’ report cannot be amended or recom- posed Abraham Lincoln Presidential mitted. They went to a lot of trouble. in the State capitol. Of course, they al- Library. ways encouraged the perception that it In fact, they were practically doing If the library is built and it becomes was just a coincidence that these very anything and stopping at nothing to the wonderful attraction we hope it lucrative licenses fell into their hands. avoid the competitive bid guidelines will be for citizens from all over the And they got real rich, real quick. which they are essentially saying they country to come and enjoy and learn In fact, a riverboat was put up in Jo- are going to do anyway. That doesn’t about Abraham Lincoln in the home- liet, IL. I remember when I was in the make a lot of sense to me. Why the ob- town of Abraham Lincoln, certainly it State senate, that boat was called the jection? Why the fierce fight over re- will generate a lot of tourist revenue Joliet Empress. We could not find out quiring Federal procurement laws be for the city of Springfield. I imagine the financial results of these boats. It followed? the Springfield Renaissance Hotel was an exception to the freedom of in- Now, throughout the day, I have set would benefit from the projections of formation laws in Springfield, and even the context in which this debate has increased tourism. I hope that would be though these boats got a license from been occurring. I believed it necessary the case. I hope that perhaps at that the State, they didn’t have to give out because for those who aren’t from the time the hotel, the partnership that financial information to the public. wonderful land of Lincoln, the great runs it, would think about whether But the Joliet Empress decided to do a State of Illinois, they may not be fully they couldn’t make more payments to public bond offering, as I recall. In familiar with the politics. the State on that $15 million taxpayer order to do that public offering of its Sometimes our politics have become loan that goes back to the early 1980s. debt securities, it had to file a registra- famous. Chicago has famous political I know that State officials released tion statement with the Securities and traditions. The State government prob- personal guarantees and waived the Exchange Commission. In the process ably hasn’t been as well known as the State’s right to foreclose on that hotel of filing that statement, they disclosed city of Chicago’s government. But I be- loan. It is clear there probably isn’t their investors and disclosed some of lieved I needed to set the table, to lay much of a legally enforceable note any- the financial results of the riverboat. the foundation and give the Senators more. You would have to wonder if I am going to suggest that the origi- from other States the context in which those people would think about wheth- nal investment was somewhere in the I was concerned that this money would er it wouldn’t be a good idea for them, neighborhood of $20 million. In the first be provided in a way that would permit the right thing for them to do, to try 18 months, as I recall, the nine people unfettered discretion on the part of to make payments when they could. who owned the riverboat took in some- whoever might get this $50 million au- They probably would argue that the thing like $87 million in cash divi- thorized appropriation. notes are worthless now and that the dends. It kind of makes the Internet I read a number of articles into the State’s rights as lender were waived firms that we are reading about in the RECORD this morning that talked about while the loan was in default. It is kind soaring NASDAQ index seem like noth- problems that have occurred in State of unusual. In fact, I have never really ing. This was really a bonanza for the government in Illinois, not just under heard of a lender, when they have a bad people who wound up with these river- Republican administrations but under loan, waive all their rights. It seems boat licenses. both Republican and Democratic ad- kind of odd to me. When I read on the floor of the Illi- ministrations, where, because of a lack In any case, there is another episode nois State Senate how lucrative these of competitive bidding, because of lax, in our State’s recent history that I was licenses were, I thought it was wrong weak procurement laws that left too very vocal on when I was in the State that the State wasn’t competitively much to the subjective preferences of senate. That was on how riverboat li- bidding those licenses. They were set- State officials on awarding contracts, censes were given out. ting up a process by which people who we have had of a sad history of pro- Back in about 1990, the State created wanted these licenses could go through curement problems in the State of Illi- 10 riverboat licenses. The first six of the politicians who could give it to nois. Hopefully, the State’s new pro- them were fairly site specific in their them on a no-bid basis. And in so curement law will cut down on future statute on where the river boat li- doing, the State was leaving an awful problems such as that. But as I have censes had to go. lot of money on the table. In fact, they pointed out, it has a few loopholes that That always raised questions because were literally lighting a match to mil- I hope will get cleaned up. there were questions of whether in lions of dollars they could have reaped

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.161 pfrm02 PsN: S04PT1 S9872 CONGRESSIONAL RECORD — SENATE October 4, 2000 had they auctioned off those licenses In a separate interview, Cellini, a top Re- having more than a 10 percent interest in a and created some kind of bidding proc- publican fund-raiser and friend of Gov. Ed- second. If approved by the Legislature, they ess and not allowed political favoritism gar’s, said the Springfield hotel arrangement could own a second license and up to a 10 to ever be a question in the awarding of was proper. percent interest in a third. As for the riverboat transaction, he said he So folks such as Eugene Heytow, chairman those licenses. had been ‘‘obligated at one time for an of the politically connected Amalgamated In fact, there was a lot of opposition amount approaching a million’’ dollars. He Trust & Savings Bank, where William Daley, to ever competitively bidding those li- said federal regulations about new public of- the mayor’s brother, once was president, censes. Certainly, the people who ferings prevented him from discussing de- could keep his stake in a riverboat in Galena wound up owning or wanting the li- tails about the company or stock sale. while buying a chunk of one in Chicago. And censes never wanted those competi- The Ramada Renaissance received a 1982 William Cellini, a powerful friend of Edgar tively bid. Instead, what happened, in state loan for $15.5 million at 121⁄4 percent in- and former Gov. James R. Thompson, could order to raise revenue in the early terest. After recurring payment disputes, the buy into Chicago big-time while keeping his lucrative interest in the Alton Belle. So 1990s, on a few occasions the State loan was restructured in 1991 for $18.6 million at 6 percent. could Gayle Franzen, the Republican can- raised income taxes on everybody else. Cellini said he was one of 80 partners in the didate for DuPage County Board chairman. Mr. President, let me go, if I may, to hotel. ‘‘I have never taken out or realized And so on. a couple of articles that describe how one penny from the hotel,’’ he said. You could argue that they should get a the State gave out the no-bid riverboat Quinn’s staff said the lenders defaulted in piece of the Chicago action because the state licenses. Again, this is all in the con- 1987 under former state Treasurer Jerry is changing the rules of the game, that when text of examining what happens when Cosentino and former Gov. James R. Thomp- they invested in the suburban and Downstate State, Federal, or local government— son, a Republican and friend of Cellini’s. boats they believed they wouldn’t face any competitive risk from Chicago. any government at all—don’t put re- But Cellini disputed this account. ‘‘During the time of the loan,’’ he said, ‘‘I don’t be- However, it’s not a very convincing argu- strictions on money they are giving lieve we were ever declared in default—ex- ment in the face of the obscene profits that out for contracts, or on benefits that cept in order to refinance and restructure, they have already harvested from their they are giving out, when they don’t there may have been needed language imply- state-protected monopolies. State Sen. Peter make sure there is a competitive bid- ing such.’’ G. Fitzgerald (R-Inverness), a banker, has ding process involved. Questions al- Quinn said: ‘‘A lot of folks, I think, are calculated that the profits have been great ways arise as to whether there is polit- pretty upset about getting taxed to the limit enough to cover initial investments in only a ical favoritism. and then seeing government operate . . . as a matter of months—the kind of return that This article is from the Chicago Sun- personal piggy bank for insiders. This is might make Hillary Rodham Clinton envi- ous. In the case of the Alton Belle, a $20 mil- Times of February 26, 1993. The byline wrong.’’ Mike Lawrence, spokesman for Edgar, said lion or so capital investment (and a paltry is by Ray Long. The headline is, ‘‘De- the Gaming Board’s initial approval of the $85,000 for a state licensing fee) seeded a veloper Hits Riverboat Jackpot; Stock Alton riverboat project was granted before company that now has an estimated market Sale Windfall Steams Treasurer.’’ the governor took office. The final license value approaching a half billion dollars. I ask unanimous consent that this ar- approval came in 1991 after Edgar took of- Let me read that again. ticle from the Chicago Sun-Times be fice. This is from Dennis Byrne, ‘‘River- printed in the RECORD at this point. William Kunkle, Gaming Board chairman, boat Deal is Plum for Insiders.’’ said Cellini passed the agency’s background There being no objection, the article In the case of the Alton Belle, a $20 million check. was ordered to be printed in the or so capital investment—and a paltry Meanwhile, Thursday, the Gaming Board RECORD, as follows: $85,000 for a State licensing fee. met in Chicago and failed to reach agree- [From Chicago Sun-Times, Feb. 26, 1993] ment on how to implement a legal limit of The guys who got the riverboats gave DEVELOPER HITS RIVERBOAT JACKPOT; STOCK 1,200 gambling customers per riverboat. the State $85,000. The State gave them SALE WINDFALL ‘‘STEAMS’’ TREASURER a license and ceded a company that (By Ray Long) Mr. FITZGERALD. Mr. President, there are a number of other articles now has an estimated market value ap- Politically powerful Springfield developer that have been written over the years proaching $.5 billion. William Cellini has sold $5.3 million in river- Not a bad deal if you are giving the boat casino stock as part of a deal that about how the State gave out the river- prompted the state treasurer to call for a boat gambling licenses in Illinois. The $85,000 and they are giving you the li- windfall tax on such transactions. record is replete with problems that cense. It is worth, at that time they Argosy Gaming Co., owner of the Alton the State had, or questions that were say, $.5 billion. What did the taxpayers Belle riverboat, reported that Cellini sold raised about how the licenses were get out of this with no competitive bid- 277,778 shares, netting him $4.9 million after awarded. They just happened to be ding? They had their income taxes fees, in last week’s first public offering of Il- raised during that time. linois riverboat stock. awarded to people who seemed to be in- Argosy sold a total of $76.6 million in volved in the political process. For an initial outlay of just a couple hun- 1 stock, and the original shareholders col- That was something I was concerned dred grand 2 ⁄2 years ago, investors now lected $29.5 million, the company said. about at the time. I was in the State would own tens of millions of dollars worth Cellini remains the largest single share- of stock. Cellini himself plucked $4.9 million senate at that time; this goes back to when he sold some of his stock when the holder, and his remaining shares could be 1994. There is an article in the Chicago worth more than $50 million, based on the company went public, but still retains some value of the public shares. Sun-Times that discusses how I was $60 million worth of stock. Argosy plans to use money from the sale to seeking competitive bidding on those And if they invest in Chicago boats? Using pay start-up debts, fund a new riverboat and State riverboat licenses. the city’s figures, Fitzgerald calculates that develop gambling in Louisiana and Missouri. This is an article from April 10, 1994, annual net income on each boat could ap- State Treasurer Patrick Quinn, a Demo- entitled, ‘‘Riverboat Deal is Plum For proach $50 million, and that the market crat, said, ‘‘I’ve got steam coming out of my Insiders,’’ by Dennis Byrne of the Chi- value of each boat (at five times earnings) could exceed a quarter of a billion dollars. ears’’ from anger over the Argosy deal. ‘‘It’s cago Sun-Times: downright obscene.’’ Thankfully, though, they’d have to sink A probable gubernatorial candidate in 1994, The agreement between Mayor Daley and more into the Chicago boats, because, unlike Quinn said Cellini should have been denied Gov. Edgar to bring riverboat gambling to the license for suburban and Downstate his piece of the Alton riverboat license be- Chicago should make a lot of people happy: boats, the city licenses would be competi- cause of questions about his role in a state Chicago taxpayers and schoolchildren, who tively bid. Who gets the license will depend, loan to build the Springfield Ramada Renais- will benefit from the additional revenues, in part, on how much the bidder is willing to sance hotel. and the thousands of casino/entertainment give to the city in admission, franchise and ‘‘I don’t think if you take the taxpayers to center employees. other fees. Unfortunately, though, the the cleaners once, you should get a second But the folks who should be the happiest state’s 20 percent gaming tax on gross re- chance to put more money in your own pock- are the well-connected insiders who are al- ceipts will not be raised, for the Chicago or et,’’ Quinn said while taping ‘‘The Report- ready raking it in from the state’s 10 subur- Downstate boats. Nor do we know if other ers,’’ to be aired at 9 p.m. Sunday on WMAQ– ban and Downstate riverboats and who stand municipalities that are granted new boats AM (670). to make hundreds of millions more from the will be able to demand competitive bidding. The state should impose a windfall tax on Chicago riverboats. Fitzgerald believes that even if the 20 per- investors in riverboat gambling ventures That would be thanks to a little-noticed cent state tax were raised significantly, to as that start private and later go public, Quinn part of the agreement changing the law that high as 60 percent, the owners still would said. bans owners of one riverboat license from make a nice profit. So if we truly believe

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\G04OC6.163 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — SENATE S9873 that the boats are a public good, maybe we the $120 million that they are talking Some may wonder why I have sought should allow the public to rake off at least as about for this library. to filibuster the Interior appropria- much as some politically connected pals. The cost of other buildings in Spring- tions bill over this matter. They would Mr. President, I understand that the field: the Willard Ice Building is a $70 note $50 million is a substantial Presiding Officer has an obligation, so million building; the Prairie Capital amount, but as a percentage of the en- I will try to focus my remarks and en- Convention Center is a $60 million tire appropriations bill, it is relatively able the Presiding Officer to meet that building. small in comparison. There are lit- obligation. We are really talking about a very erally countless projects throughout We have introduced a number of arti- visible project in Springfield. We dis- the country that are contained in that cles on this point all during the day to cussed the location as well of this li- bill. I believed it was important to lay the context in which my concerns brary. We noted its proximity to the come to the floor and to lay out this were raised about this very large Springfield Ramada Renaissance Hotel. case because it goes to the very heart project in Springfield. We talked at length about the history of the appropriations process in Wash- I guess now we are down to the point of the Springfield Renaissance Hotel. ington. where we have to ask the big question: We noted that this project is intended I understand those who oppose the Is the proposed Abraham Lincoln Li- to and will stimulate tourism, if it is competitive bidding will eventually brary in Springfield, IL, another in- done right, in the city of Springfield. have a good opportunity to move their sider deal? I certainly hope it doesn’t That hotel stands to benefit from that. bill and make sure the competitive bid- become one. This may or may not be It would be nice if we could get some ding isn’t in there. But I hope we are now. We will not know until it is done. payments on that $15 million State going to have illumination here. I But we should do our very best to pre- loan from back in 1982 to build that. vent it from becoming one. We have not yet noted, and I think think the people of Illinois can know We have said if we don’t have careful we need to note, that Mr. Cellini, who their government is and what it is controls, the money could wind up in whom we have discussed, has been ac- about. I think that the people of this private hands. It wouldn’t have to be tive in seeking to raise money for the country may see, through the prism of competitively bid under the language private foundation that is connected to Illinois, how serious and consequential in the conference report. If the money the library. Let me see if I can focus on the ethical foundations of their govern- winds up in State hands, then under that for one second and find a citation ment can and must be. the language that passed out of the for you, Mr. President. There are news- This issue of whether we make sure House in the conference report, and paper articles, I believe, that suggest this money is competitively bid goes to which the Senate has basically said he has been out actively trying to raise the very heart of the appropriations they don’t like because it doesn’t have money for the library. I would like to process. We ought to take great care of Federal competitive bidding in it, if find that citation. the people’s money. The people’s the money went to a private entity and Incidentally, I should also mention money represents precious hours of went to the State—we have seen the that the Ronald Reagan Presidential hard work, sweat, and time away from State without competitive bidding. I Library cost $65 million. family. The American people are fun- would hate to see the monument to It is a State Journal Register article damentally generous, and they will ‘‘Honest Abe’’ discussed in one of these from September 5, 1999, a little over a permit reasonable expenditures for the many articles that have been written year ago: good of their country, their commu- by investigative reporters. Competitive William Cellini reported to be heading pri- nities, and their State. However, Mr. bidding could be opted out if it were vate fundraising drive for the project. President, don’t abuse them. Do your the Capital Development Board that So we are beginning to connect this best to make sure that there are suffi- were doing the project. all back into some of the projects we cient safeguards so the people can As I pointed out, it is not unusual for have read about throughout the course know that their taxpayer dollars will the State to have to live within Fed- of the day. These are connecting not simply be trampled on by political eral competitive bid guidelines. This is threads, and set against the backdrop insiders. That is what bothers me per- not an unusual request. Then there is of procurement history and con- sonally, eats at me—the people who op- the State code. The State procurement troversy in Illinois, I think there is pose provisions such as this act, as code specifically contemplates the ap- good reason for Congress to be careful though $50 million in taxpayer money plication of Federal guidelines such as with this project. I think it is reason- is a quarter. How can we ever put too these Federal competitive guidelines. able to look at all these red flags and many controls on taxpayer money? Are there red flags on this project? I say, this $50 million in Federal money, Why would anyone not welcome even want to sum those up again. We talked we better make sure it is buttoned more stringent competitive bid rules? earlier in the day about some of the red down; better be careful, we don’t want Why would anybody oppose that? I flags. to happen to this money what has can’t think of a good reason. We had the cost of the project in- sometimes happened in the past. We The backdrop of problems we have creasing as the project has been talked don’t want this project ever to be the had in the State of Illinois for a long about over the last few years. It start- subject of one of these investigative re- time, which I illuminated today, and ed out as a proposed $40 million project ports in one of our State’s fine news- the legacy of insider dealing make me in February of 1998. It went to a $60 papers. very reluctant to turn over this par- million project 13 months later, in In light of the time restraints we are ticular $120 million without doing ev- March of 1999. When I first came to the running up against tonight, the hour is erything I can to protect it. Senate, it was a $60 million project. late and I recognize that, I thank my Then one month after that, the next colleagues again for all their support, I thank all of those who have stayed report said it was a $148 million for going on record in favor of competi- with me tonight, and I yield the floor. project—up from the most recent $60 tive bidding in accordance with the million estimate on advice from ‘‘de- Federal competitive bidding guidelines. f signers and fiscal advisers.’’ That I certainly hope the House will recon- raised the red flag in my mind. I sider the position that has come out of RECESS UNTIL 9:30 A.M. thought we had to bird-dog this the House in opposition for buttoning TOMORROW project. After all, that is a big expendi- down this money and having tighter ture in any city, and it is certainly a controls on it, to make sure that none The PRESIDING OFFICER. Under big expenditure in the city of Spring- of it winds up being involved in an in- the previous order, the Senate stands field, our State capital. sider deal, and that Springfield gets in recess until 9:30 a.m. on Thursday, The estimated cost, adjusted for in- $120 million worth of value out of the October 5, 2000. flation, of our State capitol is only $70 $120 million that is intended to be Thereupon, the Senate, at 8:25 p.m., million compared to the $148 million spent on this monument for Abraham recessed until 9:30 a.m., Thursday, Oc- that we saw referred to there, and now Lincoln. tober 5, 2000.

VerDate 02-OCT-2000 02:40 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A04OC6.055 pfrm02 PsN: S04PT1 October 4, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1659 EXTENSIONS OF REMARKS

STATEMENT ON THE INTRODUC- cising a cat using a laser light as a tease (Pat. allows an inventor the opportunity to appro- TION OF THE BUSINESS METHOD No. 5,443,036). priately benefit from his creativity, and at the PATENT IMPROVEMENT ACT OF Other patents, granted to more serious en- same time, reveal in detail the invention to 2000 deavors, have also have been roundly criti- allow others to build on his advances. Histori- cized. With regard to patenting Internet adap- cally, the concept of invention was limited to HON. HOWARD L. BERMAN tations of brick-and-mortar businesses, ques- the physical realm, a machine or process by OF CALIFORNIA tions have arisen about patents granted for a which a product is produced. Over the years, IN THE HOUSE OF REPRESENTATIVES method of selling music and movies in elec- however, the courts and the PTO have ex- tronic form over the Internet (Pat. No. panded the scope of patentable subject mat- Tuesday, October 3, 2000 5,191,573), a method of developing a statis- ter. In fact, the Patent and Trademark Office Mr. BERMAN. Mr. Speaker, in recent tical ``fantasy'' football game using a computer is of the view that it is operating under Su- months, substantial concern has been ex- (Pat. No. 4,918,603), a method of allowing car preme Court instruction to patent ``anything pressed over the patenting of Internet and purchasers to select options for cars ordered under the sun made by man.'' To that end, business strategies and techniques. Both the over the Internet (Pat. No. 5,825,651), a meth- they have allowed the patenting of business quality and appropriateness of a number of re- od of rewarding online shoppers with frequent methods. cently granted patents have been questioned. flyer miles (Pat. No. 5,774,870), and an argu- Three events have contributed to the rapid My primary concern in this issue is the pro- ably very broad patent on managing secure growth in the number of applications for busi- tection of intellectual property, which I believe online orders and payments using an ``elec- ness method patents: is critical both to innovation and to the econ- tronic shopping cart'' to purchase goods on In the 1998 ruling in State Street Bank v. omyÐand in that context, I want to make sure the Internet (5,745,681). Signature Financial Group, the Court of Ap- that the quality of U.S. patents is the highest In lay terms, the basic question in each peals for the Federal Circuit, (which has exclu- possible. case is whether the patent owner merely sive jurisdiction over patent appeals) con- As the breadth of patentable subject matter adapted a well known business activity to the cluded that methods of doing business imple- grows, it is incumbent upon Congress to con- Internet in a straight forward manner. In patent mented using a computer are patentable. sider two questions. First, are the Patent and parlance, the question is whether any of these Some interpret the opinion as not even requir- Trademark Office and the courts properly in- activities are truly new and would not be obvi- ing computer implementation, and thus more terpreting the scope of what should be patent- ous to one skilled in the relevant art. Other broadly affirming the patenting of any business able? Second, is the process for patenting ap- questions that may be relevant are whether method. State Street was notable because it propriate for the subject matter we allow to be others in the United States had known of the resolved a question where there had pre- patented? invention or had used it, and whether the in- viously been divergent opinions among the lower courts. Some courts were of the view It is clear from my conversations with those vention was used or sold in public prior to the that there was a ``business method exception'' who are developing the Internet, those financ- filing for a patent. to patentability dating back to at least 1868. In ing Internet ventures, individuals conducting I am not asserting that any of these patents resolving this issue, the court opened the flood business and those in the patent communityÐ should be invalidated. However, patents are and the public at largeÐthat the patenting of gates for business method patents. becoming a critical factor in valuing many new The second key event has been the explo- Internet and business strategies and tech- economy businesses, and that means they are sive growth of the Internet. As businesses niques is controversial and deserves serious significant to the health of the economy. If move to the Internet, they either adapt meth- examination. Some believe that ``business business method patents are indeed being ods of doing their ongoing brick-and-mortar method'' patents should simply not be allowed. issued based on insufficient information about business or they invent new and innovative They argue, by analogy, that a toaster should the relevant inventions that preceded the pat- methods to take advantage of the unique be patentable but the idea of toasting bread ented invention or if a patent is issued on the qualities of the Internet. should not. Others argue that business meth- basis of insufficient ``prior art,'' there is sub- Finally, business executives and entre- ods should remain patentable, but the PTO stantial risk to the inventor that those who preneurs alike are gaining a better under- should apply much greater scrutiny when it ex- know of the ``prior art'' could step forward at standing of the economic value of intellectual amines such patent applications. To extend any time, invalidating the patent. This uncer- property and patents, and are pursuing ways the analogy: we have been toasting bread for tainty means that investors cannot be con- to take advantage of these opportunities. a long time and if you are going to patent a fident that businesses will in fact reap the re- Given this growth in patent applications, has method of doing so, the PTO better make sure turns they expect on the patented inventions. the quality of patents suffered? There are sev- that it has never been done in just that way In the context of the Internet, many argue eral reasons identified for the lessening of the before. Some note that people have received that rather than spurring innovation, patents quality of patents in this area. In the view of patents on activities that have been under- interfere with innovation; that fierce commer- some, the existing patent corps does not have taken for decades and even centuries, and cial competition, as opposed to patent monop- the expertise to examine these ``new tech'' argue that merely placing an activity on the olies, has driven innovation; and that a culture and ``business'' patents. The PTO needs more Internet does not make for novelty. Finally, of open sharing of innovation has been the resources to enhance their examiners exper- there are a number of strange examples that key to the Internet's rapid growth. Whether tise and increase the size of the examiner lend themselves to questions about whether this is true or false, an invention that is tied up corps in the relevant areas of art. Also, as a such common human activities deserve patent because of an inappropriate grant of patent is result of industry practices, there is a dearth of protection at all. Surely, the patent system is problematic and may interfere with the ad- ``prior art'' data, the evidence of preexisting in- functioning in a curious manner when patents vancement of technology. If a patent is grant- ventions, available in the areas of the Internet have been issued on a technique for meas- ed for an invention that is not truly novel or and business methods. uring a breast with a tape to determine bra one which is obvious to an expert in the field, To be patentable, an invention has to be size (Pat. No. 5,965,809), methods of exe- it may then become unavailable for competi- novel, useful, and not obvious to an expert in cuting a tennis stroke (Pat. No. 5,993,366) tors to exploit. Such a patent may also open the field. Novelty is judged by comparing the and swinging a golf club (Pat. No. 5,616,089), the user of the prior invention to an infringe- invention with both patented and non-patented an architect's method of eliminating hallways ment lawsuit. inventions. Determining whether an invention by placing staircases on the outside of build- The U.S. patent system, created under the existed before the patent application was ings (Pat. No. 5,761,857), and a method for specific authority of the Constitution, grants for filedÐor whether the invention is obviousÐis teaching custodial staff basic cleaning tasks a limited time a statutory monopoly over one's an extraordinarily difficult task in the realm of (Pat. No. 5,851,117). Others have noted with inventions. An inventor should have an incen- business methods and the Internet. Core Inter- suspicion the patent for a method of exer- tive to createÐa monopoly for a limited time net tools such as the Amazon.com ``1-click'',

∑ 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 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A04OC8.000 pfrm04 PsN: E04PT1 E1660 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2000 may have been in use prior to the filing of ties with substantial evidentiary tools but will TEN THINGS I WISH POLITICAL SCIENTISTS Amazon's patent application. Priceline.com's be much less costly and more efficient than WOULD TEACH ABOUT CONGRESS—REMARKS ``buyer-driven sales'' over the Internet arguably litigation. The opposition process must be in- BY THE HONORABLE LEE H. HAMILTON, PI SIGMA ALPHA LECTURE, AMERICAN POLIT- may have been ``obvious'' to an expert in the voked within 9 months of the granting of a pat- ICAL SCIENCE ASSOCIATION ANNUAL MEET- field of auctions. ent, and must be concluded within 18 months ING, AUGUST 31, 2000 I do not know whether these patents should thereafter. Thus, we assure that within 27 INTRODUCTION or should not have been granted (and ongoing months after the granting of the patent, a pat- My purpose this afternoon is to offer some litigation will inevitably make that determina- ent owner will either have enhanced con- thoughts on the role that you, as political tion), but it is clear that the review of business fidence in the quality of their patentÐsome- scientists, can play in improving public un- method patent applications is impaired by the thing akin to quiet titleÐor will know the patent derstanding of the U.S. Congress. lack of documentation capturing the history of has been invalidated. The procedure will be I do not know what each of you teaches innovation in the Internet or the development presided over by an Administrative Opposition about the Congress—but I do know—on the of business techniques and methods. basis of several thousand public meetings Judge who has substantial patent expertise over three decades—that the lack of public By contrast, in the fields of engineering or and will have the responsibility to assure effi- understanding about the institution is huge. science (two areas in which many patents are cient review. That lack of understanding among ordi- sought), inventions and innovations are me- In regard to adaptations of business meth- nary Americans concerns me deeply because ticulously documented and published. With ods to the Internet, the bill establishes that it increases the public’s suspicions and cyni- these publications at hand, an examiner has where an invention only differs from ``prior art'' cism about the Congress, weakens the rela- easy reference to existing inventions. But very tionship between voters and their represent- in that it is implemented using computer tech- atives, makes it harder for public officials to little published information exists with Internet nology, such an invention shall be presumed govern, and prevents our representative de- and hi-tech practices...and most of what obvious and therefore not patentable (this pre- mocracy from working the way it should. does exist is analogous to ``folk knowledge'', sumption can be overcome if a preponderance I believe you can improve public under- handed from person to person orally or in chat of the evidence shows that the invention was standing of Congress by teaching several rooms or by e-mail. Where developments are not obvious). Finally, the bill lowers the burden basic, and rather simple, lessons about this documented, there is no common organizing sometimes puzzling institution. of proof for a challenge to a patent from ``clear If Americans leave high school and college scheme. Where business plans are involved, and convincing evidence'' to ``a preponder- with a solid understanding of Congress, they they are usually closely held as trade secrets. ance of the evidence''Ðan appropriately lower will be better able to contribute to our na- Since an examiner can reject a patent applica- standard where the difficulty of producing evi- tion’s political life and will help make our tion only on published ``prior art'', informal dence is complicated by the traditions and representative democracy work better. communications are excluded. practices of the industries. TEN THINGS TO TEACH ABOUT CONGRESS As to obviousness, it is usually up to the In introducing this legislation I am not taking First, I’d like you to teach that Congress is patent examinerÐusing his own expertise and a final position as to whether business meth- the most important link between the Amer- ican people and their national government. research of ``prior art''Ðto assess whether an ods should be patentableÐI tend to think they expert in the field would think to come up with Many Americans have little appreciation should be, but I could be persuaded other- for the basic function and role of Congress in the applicant's invention. In the area of busi- wise. I am not wed to any particular provision our political system. I want you to help ness method patents, the endeavors for which of this bill itself But I do believe that we need them understand that Congress is the insti- patents are being sought are very new to the to be sure that the Patent and Trademark Of- tution whose job it is to seek consensus out PTO. It has been only five years since the fice is well equipped to consider these pat- of the many and diverse views of the Amer- Internet became a tool of business, and only ents, that there are adequate means to get ican people. I want you to explain that Con- gress performs the extraordinary task of leg- two years since the court clearly established good information into the system describing the rule that a business method is patentable islating and overseeing the government in prior inventions, and that there are the appro- the interest of more than 275 million Ameri- in the United States. Unfortunately, although priate standards and processes in place to as- cans. PTO is taking strides to develop expertise in sure the quality of the patents that are actually For all its deficiencies—which I will get to the appropriate fields, there must be improve- issued. There should be no question that the later—Congress has three great strengths: ment in how experts can submit information to U.S. patent system produces high quality pat- Congress is, by far, the most representa- the PTO regarding specific patent applications. tive institution in the United States. We live ents. in a complicated country of vast size and re- Many of the changes needed can be met This bill is a work in progress, and one that only by legislative action. It is critical that we markable diversity. Our people are many; will likely generate great debate. As I have they’re spread far and wide; and they rep- create new mechanisms to get ``prior art'' into noted, there are some who believe that ``busi- resent a great variety of beliefs, religions, the system and make it available to applicants ness methods'' should not be patentable at all. and ethnicities. It isn’t easy for such a coun- and the PTO. We must enhance the def- Others who are certain to argue that current try to live together peacefully and produc- erence given the PTO in rejecting patent appli- law ``ain't broke'', so there is no need for Con- tively. Although Congress does not perfectly mirror the demographics of the American cations on the basis of all of the provisions of gress to fix it. Still others believe that, to the subsections 102(a) and (b) of title 35 by allow- people, it does help bind us together by rep- extent there may be a problem, the Patent resenting the country’s great diversity. ing examiners to rely on evidence of knowl- and Trade Mark Office will address it adminis- Congress is also accessible—much more so edge, use, public knowledge or sale in the tratively. My intent with this legislation is to than any other part of the federal govern- U.S. that may not be documented in published stimulate the dialogue. We need to air these ment. Congress is the primary ‘‘listening references. issues and ultimately (and hopefully quickly) post’’ of the people. If an ordinary American I am today introducing with Mr. BOUCHER has a complaint or suggestion about the gov- a find the proper solutions. bill that will enhance the quality of Internet and ernment, he cannot reach the President, or the Vice President, or a cabinet secretary— non-Internet business method patents by in- f creasing the opportunity for expert input into or even a deputy assistant secretary. He can TEACHING ABOUT CONGRESS reach his Representative or Senator. the patenting process. These improvements And Congress is our nation’s chief delibera- will provide patent owners and investors alike tive body. It is the place where the many with greater confidence in the quality of their HON. TIM ROEMER views and interests of the American people patents. The bill requires the PTO to publish OF INDIANA on all manner of subjects get thrashed out. It remains the central forum for vigorous business method patent applications and give IN THE HOUSE OF REPRESENTATIVES the members of the public an opportunity to public debate, consensus building and deci- present ``prior art'' they believe may disqualify Tuesday, October 3, 2000 sion making on the most important issues of the day. the application. Members of the public may Mr. ROEMER. Mr. Speaker, I highly rec- Second, I’d like you to explain that Con- also petition the PTO to hold a hearing to de- ommend the following speech recently given gress has a major impact on people’s every- termine whether an invention was known, by our distinguished former Indiana colleague day lives. used by others, or in public use or on sale in Lee Hamilton. Lee has devoted his career as Many Americans believe Congress accom- the U.S. prior to the filing of the application. a public servant to improving public under- plishes little and is simply irrelevant to their daily lives. I’d like you to help correct The bill also establishes an expeditious admin- standing of Congress, and I found his remarks that misperception. istrative ``opposition'' process by which a party quite timely and informative. Mr. Speaker, I While Congress is no longer the most pow- will be able to challenge a business method submit the following remarks into the CON- erful institution in the national govern- patent. The opposition process provides par- GRESSIONAL RECORD. ment—as it was at the beginning of the 19th

VerDate 112000 04:15 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A03OC8.025 pfrm04 PsN: E04PT1 October 4, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1661 century—it is still an important shaper of In a technical sense, of course, these dia- ernment possible in a nation alive with com- national life. grams are generally accurate. But my reac- peting factions. Americans pay more attention to Congress tion to them is: ‘‘How boring! How sterile!’’ Politicians may not be popular, but they as they understand the impact congressional They fail to convey the challenge, the hard are indispensable to making representative decisions have on the fabric of their lives. work, the excitement, the obstacles to over- democracy work. When Congress funds basic research in come, the political pressures, the defeats suf- That’s why we need more politicians, not science, it’s helping create the future cures fered, and the victories achieved to enact fewer. for deadly diseases. When it raises the min- legislation. They give a woefully incomplete Sixth, I’d like you to teach that Members imum wage, it’s enabling people to rise out picture of how complicated and untidy the of Congress behave better than people think. The perception that Members are corrupt, of poverty. When it protects national parks, legislative process can be, and they barely or immoral, or enriching themselves at the it’s preserving our natural heritage. hint at the clash of interests and the mul- taxpayer’s expense, takes a serious toll on I want Americans—I want your students— titude of difficult things a Member must do to appreciate that nearly every aspect of our system of government. to shepherd an idea into law. Americans of all stripes like to dwell on their lives is touched by the decisions of One of the most important and time-con- misbehavior by Members of Congress. People Congress. suming aspects of the legislative process is It’s remarkable how quickly we forget that look at the latest scandal and assume conversation: the scores—even hundreds—of they’re seeing the real Congress. But they’re Congress has been involved in some big one-on-one talks that a skillful Member will things in recent years: Erasing the federal not, not by a long shot. have with colleagues to make the case for a Don’t get me wrong. I’m not proposing my deficit; Overhauling the welfare and public particular bill, to learn what arguments op- housing systems; Rewriting telecommuni- former colleagues for sainthood. But as the ponents will use to try to block it, and to get press lauds two vice presidential can- cations laws; Approving billions to improve a sense of what adjustments might be needed roads and bridges; and Liberalizing inter- didates—Republican Dick Cheney and Demo- to move it along. crat Joe Lieberman—for their probity in national trade. These conversations end up posing difficult Although we may not all like what Con- Congress, we should remember that probity dilemmas to a Member pushing a bill. For in- is the rule, not the exception. gress did on each of these issues, after debat- stance, should the Member alter the proposal ing policy options and gauging public senti- Some Members, of course, do engage in im- to broaden its appeal, or keep the bill as it proper conduct—and our system of financing ment, it acted. is and hope to defeat the opposition? Third, I’d like you to emphasize that Con- elections degrades politician and donor How should the Member use the media—to gress was not designed to move quickly and alike—but my experience is that most Mem- rally public support behind the measure, put efficiently. bers are remarkable people who care deeply One of the most common complaints about pressure on opponents, and advance the leg- about our country and seek to better it the Congress is that it’s always arguing and islation? through their public service. Most could The increased size and scope of individual bickering. I must have heard the complaint a make far more money on the outside, but bills today makes the legislative process hundred times: ‘‘Why can’t you guys ever choose to serve in Congress because they still more complicated. Almost half of the agree?’’ want to contribute to their country. This perception is a major factor in the major bills are referred to more than one Moreover, the ethical standards in Con- public’s lack of confidence in the institution. committee in each chamber. Ad hoc caucuses gress are higher than ever before. When I en- Why is it so difficult for Congress to reach are sometimes created to address new con- tered the House, gifts and the use of cam- agreement? Part of the answer involves poli- cerns. As the number of actors involved pro- paign contributions for personal use were un- tics. The struggle for partisan or personal liferates, the possibilities for conflict over a restricted; financial disclosure was not re- advantage, particularly in an election year, bill increase. quired of Members; there was no written can stall the work of Congress substantially. All of this adds up to a process that is ex- code of conduct; and no standing House eth- But there is much more to it than that. tremely dynamic, unpredictable and messy. ics committee existed to police the member- Our system of government was intentionally There are ways for astute Members to get ship. All that has changed. set up with many checks and balances to around nearly every stage in the traditional Certainly, Congress still has major strides prevent hasty action. Legislative dispute and model of the process. to make in this area. The role of the House delay, while frustrating, are not necessarily Even for Members, it can be difficult to Ethics Committee, for instance, has not yet signs of democracy in decay. know when and where the key decisions on a been fully worked out, and its performance The task of achieving consensus is made bill will be made. has been disappointing over the last few especially difficult today because the issues Fifth, I’d like you to teach that what this years. before Congress are so numerous, complex country needs is more, not fewer, politicians. But the ethical climate at the Capitol is and technical, and they come at Members Members of Congress are, first and fore- light years ahead of where it was a couple of with staggering rapidity. most, politicians. Their number one objec- decades ago. And, I might add, light years In the Federalist Papers, Madison wrote tive is to get re-elected. ahead of the common wisdom. that a Member of Congress must understand Yet the art of politics does not often get Seventh, I’d like you to teach that Mem- just three issues: commerce, taxation and high praise these days. When the federal gov- bers of Congress do pay attention to their the militia. To a Member today, that obser- ernment was almost shut down a few years constituents. vation is a bit quaint, to say the least. back, that was considered ‘‘politics’’. When Often I hear that Members of Congress Take the ten most difficult issues facing Washington, D.C. was consumed by the im- only pay attention to power brokers and big- our country and you can be sure that Con- peachment of President Clinton, and the rest time donors and don’t care about ordinary gress will take each of them up in some form of the people’s business had to take a back citizens. That simply is not true. over the coming year. seat, that was attributed to ‘‘politics’’. Sometimes when I stood in front of a People misunderstand Congress’ role if Showing skill as a ‘‘politician’’ has come roomful of voters, I could feel a curtain of they demand that Congress be a model of ef- to mean demonstrating the ability to raise doubt hanging between them and me: I took ficiency and quick action. Congress can work campaign funds, to engage in the tit-for-tat the positions I did, they believed, because of quickly if a broad consensus exists in the exchange of negative advertising, to fudge this or that campaign contribution, not be- country. But such a consensus is rare—espe- your positions, or to jockey for public sup- cause I’d spent time studying and weighing cially on the tough issues at the forefront of port based on polls and focus groups. the merits of issues. They had given them- public life today. Usually, Congress must But the fact is that good politicians are selves over to cynicism, and cynicism is the build a consensus. It cannot simply impose vital to the success of our representative de- great enemy of democracy. It is very dif- one on the American people. mocracy. When I say ‘‘politician,’’ I mean ficult for public officials to govern when The quest for consensus can be painfully someone who knows how to practice the art their character, values, and motives are al- slow, and even exasperating, but it is the of politics. ways suspect. only way to resolve disputes peacefully and This art involves an assortment of impor- Of course, Members of Congress are influ- produce policies that reflect the varied per- tant, but often underappreciated, skills. enced by special interests—often too much, spectives of our diverse citizenry. Good politicians must know how to listen— in my view—but they are even more influ- Fourth, I’d like you to highlight the great in order to find out what people want. They enced by their constituents. dynamism and complexity of the legislative must be able to build support for their ideas Members are—for the most part—very good process. with colleagues, constituents and key indi- politicians. They know what their constitu- When I visit with students in American viduals. They must search for common ents think. They hold numerous public meet- government classes, I make a point of flip- ground across parties and among people with ings, poll their districts regularly, talk on ping through their textbooks to see the dia- diverse interests. They must be able to com- the phone with constituents frequently, and gram illustrating ‘‘How a Bill Becomes a promise while preserving core beliefs. And answer hundreds of letters and e-mail mes- Law’’. The diagram usually explains that a they must get results—achieving passage of sages daily. They are constantly helping to piece of legislation, once introduced, moves legislation that meets people’s needs. solve constituents’ problems. through subcommittee and committee, then To avoid coming apart at the seams, our Members really do believe that constituent to the House and Senate floors, then to a country needs people who know how to prac- views are important; during all my years in House-Senate conference, and finally to the tice the art of politics. That is what good Congress I never heard a Member say other- President for his signature or veto. politicians do: they make democratic gov- wise.

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A03OC8.026 pfrm04 PsN: E04PT1 E1662 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2000 My view, in fact, is that Members are tant role by representing the views of dif- I don’t for a moment agree with those who sometimes too close to their constituents— ferent segments of the population, but they think that our representative democracy has particularly when they risk reflecting their often have tunnel vision—advancing narrow failed or that the future of the country is constituents’ views at the expense of their interests at the expense of the national in- bleak. own judgment. It was Lincoln who said that terest. Just consider the condition of America the art of democratic government is to be The committee system has been eroded and today. In general I think it is a better place out in front of your constituents, but not too is close to collapse. Legislation is regularly than it was when I came to Congress some 35 far out in front. drafted in informal settings outside the au- years ago. Eighth, I’d like you to emphasize that citi- thorizing committees and brought directly Of course, our country still faces serious zens play an essential role in making Con- to the House or Senate floor. problems—from reducing economic inequal- Congress devotes too little attention to gress work. ity to improving access to health care to The American people bear more responsi- some of the country’s major long-range chal- strengthening our schools—but overall we bility for the success of our representative lenges. How can we ensure that we have ade- are doing quite well. democracy than they realize. If people don’t quate food, energy, and water supplies well participate in the political process, their into the future? How do we maintain a pros- We must be doing something right. views cannot be effectively represented. This perous and open economy? What domestic Churchill’s remark that ‘‘democracy is the is not just a matter of voting. Our system de- and international environmental challenges worst system devised by the wit of man, ex- pends upon open and trusting interaction be- will we face? Congress spends so much of its cept for all the others,’’ still rings true. tween representatives and the people who time struggling to pass its basic spending I would hope that when each student elected them. bills that these kinds of long-term issues are leaves your class, he or she would appreciate Let me give you an example of what I simply set aside and not dealt with. that this representative democracy of ours mean. Back in the late 1970s, I was meeting Congress doesn’t perform adequate over- works reasonably well. with a group of constituents in Switzerland sight of government programs. Oversight of County, a deeply rural, tobacco growing the implementation of laws is at the very f county in the far southern corner of Indiana. core of good government. But congressional It was not a place I expected to come for en- oversight has shifted away in recent years RECOGNIZING THE NATIONAL lightenment on international politics. from the systematic review of programs to WALK OUR CHILD TO SCHOOL While talking with the group, though, the highly politicized investigations of indi- subject of the Panama Canal treaties came vidual public officials. DAY IN HONOR OF JOHN LAZOR up. This was well before the media had fo- Current scheduling practices make it dif- cused on the issue, but a man I’d never met ficult for Congress to carry out its respon- HON. DENNIS J. KUCINICH suddenly stood up and laid out the clearest, sibilities. The 2 1/2 to 3 day legislative work- most evenly reasoned argument for ratifica- week makes it impossible for Members to at- OF OHIO tion that I ever did hear on the matter—even tend all of their committee meetings and IN THE HOUSE OF REPRESENTATIVES other official business. after the treaty debate mushroomed into a Tuesday, October 3, 2000 raging national issue. I was flabbergasted, There is a severe lack of accountability in but took it as a humbling reminder that as the appropriations process. Congress increas- Mr. KUCINICH. Mr. Speaker, today I recog- a Member of Congress, you can always find ingly turns to omnibus legislation—com- nize Wendy Lazor, Councilman Ed Fitzgerald, bining hundreds of different provisions into constituents who can teach you a thing or the Lakewood City Council, and the Lakewood two about an issue. one huge bill, tacking on unrelated riders My constituent in Switzerland County un- and wasteful earmarks, and allowing only Board of Education for their work in estab- derstood that the relationship between a cit- one up-or-down vote on the entire package. lishing the ``International Walk your Child to izen and a representative requires more than Simply put, these bills are abominations. School Day,'' in honor and memory of John a quick handshake, or a vote, or a moment’s The rules for the consideration of bills in Lazor. pause to sign a computer-generated postcard. the House are often too restrictive. Although The tragic loss of three-year-old John Lazor He understood that there must be a con- there has been some improvement in the 106th Congress, the House leadership has occurred on April 26, 2000, while on an inno- versation, a process of mutual education, be- cent walk to the corner store with his day care tween citizens and representatives. tended over the years to design rules that Many Americans have given up on the con- sharply curtail debate, restrict the oppor- provider. A pickup truck backed from across versation. They must understand that they tunity for the average Member to partici- the street into the driveway which young John need to get involved if they want our system pate, and limit the amendments and policy was standing in, killing him instantly. This trag- to improve. options that can be considered. edy emphasizes the importance of taking pre- They need to know that the nature of this The Senate regularly fails to consider pres- cautions and the need for children's safety relationship between the representative and idential nominations for key judicial posts and cabinet positions in a timely manner. education. John's courageous mother, Wendy the represented—and the honesty of the ex- Lazor, has decided to dedicate herself to the change between the two—shapes the This practice blocks appointments that are strength of our representative democracy. critical for the effective functioning of our advocacy of pedestrian safety, especially chil- Ninth, I hope you teach that Congress government. dren. Amazingly, she found strength in the needs a lot of improvement—to make it more Congress must take its own reform seri- midst of her loss to work as an advocate for accountable, transparent, responsive and ef- ously. It should work on reform every year— the public good. She is the driving force be- ficient. not every ten years, as has been its pattern. Finally, I’d like you to teach that in spite hind Lakewood, Ohio's recent resolution to es- I urge you to be unrelenting critics of the tablish Wednesday, October 4, 2000, as Na- Congress—but in the context of everything of these many problems with Congress, our else I’ve said so far. representative democracy works. It may be tional Walk Our Children to School Day. I won’t go into detail here because you are slow, messy, cumbersome, and even unre- Along with the help of the Lakewood Board familiar with these problems. sponsive at times, but it has many strengths, of Education, City Council and Councilman Ed The incessant money chase—to fund in- and continues to serve us well. Fitzgerald, The Lakewood Early Childhood creasingly costly campaigns—diverts Mem- Some say our institutions of government— including the Congress—create more prob- Professionals has decided to dedicate a spe- bers’ attention from their important respon- cial event, the National Walk Our Children to sibilities and leads to a growing sense that lems than they solve. In the past decade, we access is bought and sold. experienced an intensified assault on govern- School Day, in John Lazor's honor. All of Many Members—especially Members of the ment from some quarters, and ‘‘government’’ Lakewood can participate in this event, in House—operate today in a state of perpetual and ‘‘Washington, D.C.’’ became bad words, which the purpose is to provide an opportunity campaigning. Rather than trying to develop symbols of the worst kind of corruption and for adults to teach children about pedestrian consensus and pass laws, they view the legis- waste. My hope is that we are now beginning safety and choosing safe routes to school, and lative session primarily as an opportunity to to move away from that kind of extreme to help make our communities more safe for anti-government rhetoric. The more positive frame issues and position themselves for the walking. Because Lakewood is a densely pop- next election. tone of the present presidential campaign It is extremely difficult to defeat incum- would suggest that we are. ulated city, and one in whose children typically bents in Congress. Their financial advan- Representative democracy, for all its walk to and from school on a daily basis, the tages are great and they use the redis- faults, is our best hope for dealing with our City Board of Education has decided to sup- tricting process to create districts that are nation’s problems. It works through a proc- port and encourage participation in National heavily partisan in their favor. ess of deliberation, negotiation and com- Walk Our Children to School Day. The city's Bitter partisanship and personal attacks promise—in a word, the process of politics. main event, honoring the memory of Wendy Politics is the way we represent the will of have become all too common in Congress— Lazor's son, John, will be held at his old poisoning the atmosphere and making it the people in this country. At its best, our harder to meet the needs of the country. representative democracy gives a system school, Franklin Elementary. Special interest groups have too much in- whereby all of us have a voice in the process Mr. Speaker, I ask my fellow colleagues to fluence over Congress. They play an impor- and a stake in the product. rise with me in recognition of the hard work

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.028 pfrm04 PsN: E04PT1 October 4, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1663 and dedication of Wendy Lazor, Councilman improve employee relations. These combined had not been for naughtÐthe Statue of Lib- Ed Fitzgerald, and the rest of the City of Lake- efforts have built a facility that provides an in- erty. After living on the East Coast for a year, wood's Public and Educational Leadership for valuable service to thousands of veterans. the Chomiks moved to Flint, where Nicholas their support of the National Walk Our Chil- It is with pride that we recognize the doc- found employment with General Motors, and dren to School Day. And let us honor the tors, nurses, administrators, volunteers, and Irena worked as a seamstress. During this memory of the young John Lazor, and the other staff who have contributed to this out- time, the Chomiks were blessed with two more courage of his mother, Wendy, for striving to standing accomplishment. Thanks to their tre- daughters, Mary and Daria. better the community even in the face of per- mendous efforts, West Texas is home to an It was during this time that Irena began a sonal strife and distress. Her selfless compas- outstanding veteran health care provider. We long-standing relationship with the group that sion and triumph in the face of tragedy is in- wholeheartedly extend our congratulations to greatly helped her when she first came to spirational to all. the Amarillo VA Health Care System for re- America, the International Institute. Irena was f ceiving the 2000 Robert W. Carey Quality always on hand volunteering on various com- Award. mittees, and participating in activities such as COMMENDING THE AMARILLO f international dance exhibitions, parades, and VETERANS AFFAIRS HEALTH her annual Ukranian Easter Egg workshops. PERSONAL EXPLANATION CARE SYSTEM Mr. Speaker, I am truly fascinated by stories such as Kataryna Chomik's. Through tremen- HON. LARRY COMBEST HON. ROB PORTMAN dous adversity, she has been able to live the OF TEXAS OF OHIO true American dream. She is truly an inspira- HON. MAC THORNBERRY IN THE HOUSE OF REPRESENTATIVES tion to all who come into contact with her. I Tuesday, October 3, 2000 ask my colleagues in the 106th Congress to OF TEXAS please join me to congratulate and wish Irena IN THE HOUSE OF REPRESENTATIVES Mr. PORTMAN. Mr. Speaker, because I was the very best. Tuesday, October 3, 2000 unavoidably detained, I missed Roll Call Votes #503, 504 and 505 yesterday. f Mr. COMBEST. Mr. Speaker, I, along with Had I been present, I would have voted my distinguished colleague, Mr. THORNBERRY, ``Yea'' on each bill. A TRIBUTE TO THE MINORITY wish to congratulate the Amarillo Veterans Af- f ARTS RESOURCE COUNCIL fairs (VA) Health Care System for receiving the Robert W. Carey Quality Award from the HONORING KATARYNA CHOMIK Department of Veterans Affairs. This annual HON. ROBERT A. BRADY award is one of the highest honors that a VA HON. DALE E. KILDEE OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES facility can receive. The Carey Award recog- OF MICHIGAN nizes model organizations for their quality IN THE HOUSE OF REPRESENTATIVES Tuesday, October 3, 2000 transformation efforts, organizational effective- ness, and improvements in performance serv- Tuesday, October 3, 2000 Mr. BRADY. Mr. Speaker, today I honor the ice and satisfying customers. The Amarillo VA Mr. KILDEE. Mr. Speaker, I am happy today Minority Arts Resource Council as it sponsors Health Care System, which provides medical to recognize the accomplishments of a woman the Third Annual African American Rodeo in assistance to veterans throughout the Texas who has unselfishly worked to improve the the First Congressional District. The rodeo fo- and Oklahoma Panhandles and portions of quality of life for our citizens. On Tuesday, Oc- cuses on the important contributions of African Eastern New Mexico and Southern Kansas, tober 10, members of Flint, Michigan's Inter- American Western pioneers. It also offers the received the 2000 Carey Award for the health national Institute will gather to present to Mrs. opportunity for thousands of inner city school care category. Kataryna Chomik its prestigious Golden Door children to view a part of American history that The Amarillo VA Health Care System serves Award, given annually to an immigrant who has been left out of history books. a population of 75,000 veterans and houses has made a positive impact on the greater The African American Rodeo is a real life an acute care facility, nursing home, two com- Flint community and the Institute itself. exciting spectacle that spotlights the role Afri- munity-based outpatient clinics, and four con- Born in February of 1920, in the Western can Americans played in the settling and tractual primary care clinics. Over 25,000 pa- Ukraine, Irena, as she has come to be known, shaping of the American West. It tells the sto- tients are treated annually, including 3,300 in- grew up with her parents and seven sisters. ries of the legendary Black heroes of the old patient and over 200,000 outpatient visits. As a child, Irena promised to never leave her West, including Bill Pickett, who invented the They have implemented a wide variety of in- home or family. However, several family trage- sport of bulldogging or steer wrestling. If he novative measures, from moving the Sub- dies, including the death of her father, prompt- had not been banned from completing with stance Abuse Program to an outpatient setting ed Irena's mother to send her away to work as white rodeo contestants, Pickett may well to restructuring Primary Care and to estab- a companion and nursemaid to Maria Lewicka, have become one of the greatest rodeo record lishing a safety program to reduce employee the daughter of a Ukranian priest who was re- setters. accidents. Through the use of employee covering from a spinal injury. Although Irena's Therefore, I proudly support the African teams, the hospital now administers a Bar strong faith had been forged early in her life, American Rodeo and I thank MARC for its ef- Code Medication Administration, which uses this experience strengthened her beliefs and forts to showcase the contribution of the Black computer technology to track and monitor pa- her commitment to service. cowboy so that our children can learn about tient medications. In addition, they have estab- At the beginning of World War II, Irena was an important American story that for too long lished a pilot program of the Computerized sent to a school for kindergarten teachers, and has gone untold. Patient Record System, enabling the hospital upon graduation, managed a village program. to coordinate patient information so that all as- The war progressed and headed in the direc- f pects of the health care system may be uti- tion of Irena's town. Ukranian churches were PERSONAL EXPLANATION lized. being destroyed and the clergy exterminated, The mission of the Veterans Health Admin- but Irena continued to work to preserve her istration and the Amarillo VA Health Care Sys- heritage. As a result, she was sentenced to HON. GARY G. MILLER tem is to improve the health of the served ten years of hard labor by a Soviet war court, OF CALIFORNIA population by providing primary, specialty, and but was later retried and released. After this, IN THE HOUSE OF REPRESENTATIVES extended care, and related social support Irena fled on foot, finding refuge in a Czecho- Tuesday, October 3, 2000 services through an integrated health care de- slovakian convent, where the Sisters bought livery program. As a learning organization, the her a plane ticket to Belgium. Mr. GARY MILLER of California. Mr. Speak- VA Health Care System continually raises the It was in Belgium that Irena met Nicholas er, on Monday, September 25, 2000 I was un- standard for VA facilities nationwide. By focus- Chomik, who would later become her hus- avoidably detained in my district. During my ing on trust, teamwork, and continuous im- band. On Christmas Eve 1950, the Chomiks, absence, I missed roll call votes 487, 488, provement, the Amarillo VA has been able to along with their daughter, Olga, were wel- 489, 490, 491, and 492. greatly reduce the costs of primary care, in- comed to their new life in the United States by Had I been present, I would have voted crease the quality of health care available and a sight that told them that all their struggles ``yes'' on each of the motions.

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A03OC8.030 pfrm04 PsN: E04PT1 E1664 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2000 SMALL BUSINESS INNOVATION RE- Such services are indispensable to the Toms roll McCormick, the late Bishop of Scranton, SEARCH PROGRAM REAUTHOR- River community. and the generosity of the faithful of the Dio- IZATION ACT OF 2000 Since 1950, Congregation B'nai Israel has cese. grown exponentially. Today, the congregation This dedication to provide service to the SPEECH OF consists of 500 families, which makes it the aged continues under the leadership of the HON. DENNIS J. KUCINICH largest synagogue between Monmouth County Most Reverend James C. Timlin, the present Bishop of Scranton. At Little Flower Manor, OF OHIO and Atlantic City. each resident is given the attention required to IN THE HOUSE OF REPRESENTATIVES It is important to recognize the totality of Congregation B'nai Israel's contributions to the enable him or her to maintain personal dignity, Monday, September 25, 2000 entire Toms River community. Simply put, individuality and independence. Mr. KUCINICH. Mr. Speaker, I stand in sup- Congregation B'nai Israel offers the needed A 25th Anniversary Gala will be held Nov. 3, port of H.R. 2392 which would reauthorize the atmosphere, environment, and dedication to 2000, at the Woodlands Inn and Resort with Small Business Innovation Research Program promote and enrich the lives of each syna- Judge Peter Olszewski as guest speaker. Sis- (SBIR). The current SBIR authorization is due gogue member. ter Jeanette D. Lindsay, administrator and to sunset on October 1, 2000. H.R. 2392 Mr. Speaker, I would like to congratulate chief operating officer of Little Flower Manor, would extend the SBIR authorization into the Congregation B'nai Israel for their upcoming will present the inaugural Crystal Rose Award. next decade and provide a mechanism for fed- 50th anniversary of their founding. May your The honored recipients are Mr. and Mrs. John eral agencies to contract with small business gala dinner and dance at the synagogue be D. McCarthy and the late Bishop McCormick. for research and development projects. This joyful. Jack and CeCe McCarthy have been out- important program is critical for the support of f standing supporters of the values, commitment small high-tech companies and fosters tech- and mission of Little Flower Manor, practicing nical innovation which results in the nation's VIOLENCE AGAINST WOMEN ACT stewardship by giving unselfishly of their time, economic growth. The commercialization of re- OF 2000 talents and treasure. Mr. Speaker, I send my congratulations and search and development results in major eco- SPEECH OF best wishes to the McCarthys, the Carmelite nomic benefits to the nation; the creation of Sisters, the Diocese of Scranton, and every- long-term jobs with subsequent generation of HON. BARBARA LEE one who plays a part in Little Flower Manor's increased income, spending and economic OF CALIFORNIA continued service to its residents. growth. IN THE HOUSE OF REPRESENTATIVES I know that technological advancement is a f Tuesday, September 26, 2000 key driving force of our national economic IN RECOGNITION OF THE 50TH AN- growth. The revolution in telecommunications Ms. LEE. Mr. Speaker, I rise today to NIVERSARY OF THE UKRAINIAN- is one example of the effects of technical strongly urge the Senate to reauthorize the Vi- AMERICAN YOUTH ASSOCIATION progress in the growth of the national econ- olence Against Women Act (VAWA). Last omy, and also an increase in our standards of week, the House passed VAWA by a vote of HON. DENNIS J. KUCINICH living. Technical advances drive the economic 415±3. OF OHIO growth in several ways; it contributes to the VAWA's authorization expired on September IN THE HOUSE OF REPRESENTATIVES creation of new jobs, new services, new indus- 30, 2000. This means that the funding for Tuesday, October 3, 2000 tries and new capital formation. In the past these programs is scheduled to run out this major technological innovation was provided month. Mr. KUCINICH. Mr. Speaker, I rise today in by major corporate research centers. Today This law has provided battered women and honor of the Ukrainian-American Youth Asso- small, entrepreneurial companies are playing their children, a safe haven, and the support ciation's 50 years of distinguished service to increasingly important roles in our techno- necessary for their physical and emotional se- Greater Cleveland's Ukrainian youth popu- logical advancement and economic growth. curity. lation. These small high-tech companies create new VAWA has given a second chance to these The Ukrainian-American Youth Association, products and services, develop new industries, women as well as saved many of their lives. a group which educates the young about tradi- and are major factors in driving both techno- Violence against women should not be toler- tional Christian and patriotic values, embodies logical change and growth in our national ated. the very values it pledges to teach. Guided by economy. The SBIR program is critical to the This legislation provides greater protections the principles of organizing, nurturing, and continuation of the critical involvement of small to all women who have been victimized and educating youth under the ideals of ``God and businesses in our technological advancement. abused. Ukraine,'' the Youth Association promotes I support H.R. 2392 because it will contribute I join my colleagues in urging the Senate to Christian ethics and pride in their Ukrainian to the growth of jobs and promote techno- pass the reauthorization bill now. national heritage. Our community has been logical innovation. The women and the children of this nation gracefully elevated due to the work of this f are depending on the passage of this impor- dedicated organization which encourages to- tant piece of legislation to help stop violent morrow's leaders to step forward into positions CONGRATULATING CONGREGATION crimes against women. of leadership in the Ukrainian-American com- B’NAI ISRAEL f munity, as well as the larger local, national, and global communities. HON. JIM SAXTON LITTLE FLOWER MANOR MARKS 25 A debt of gratitude is owed to the Ukrainian- YEARS OF SERVICE OF NEW JERSEY American Youth Association. The young, who IN THE HOUSE OF REPRESENTATIVES have been touched by the caring, ``spirit in- voked'' ideals taught there, have grown to be- Tuesday, October 3, 2000 HON. PAUL E. KANJORSKI OF PENNSYLVANIA come the model citizens and leaders in our Mr. SAXTON. Mr. Speaker, please join me IN THE HOUSE OF REPRESENTATIVES community who we are always eager to wel- in congratulating Congregation B'nai Israel in come. Mindful of the role of the citizen in his Toms River, New Jersey for its 50th anniver- Tuesday, October 3, 2000 or her respective locality, the Ukrainian-Amer- sary. Established in 1950, Congregation B'nai Mr. KANJORSKI. Mr. Speaker, today I pay ican Youth Association instructs its youth Israel has provided a number of important tribute to Little Flower Manor of Wilkes-Barre, about the duties and responsibilities of good services to the Toms River community. These Pennsylvania, a nonprofit skilled nursing home citizenship, always encouraging and chal- services are, but not limited to, study of the which is celebrating its 25th anniversary of lenging them to become leaders within their Torah, a nursery school, a variety of summer compassionate, loving care and service to the Ukrainian culture and their communities-at- programs, numerous youth activities, and adult community. The Carmelite Sisters for the large. The firm foundation of educating the education programs. Also, important to note is Aged and Infirm operate Little Flower Manor Ukrainian youth about the value of freedom the fact that the congregation has continually under the auspices of the Diocese of Scran- should not be underestimated. Rather, it is the provided volunteer services to Caregivers, an ton. very basis for the continuing engagement of interfaith coalition whose mission is to train This exceptional facility opened its doors in our all-too-often apathetic youth, and there- volunteers to provide home care services the 1975, a living tribute to the vision, dedication fore, the basis of the improvement of our soci- frail elderly, the disabled and the homebound. and persistence of the Most Reverend J. Car- ety in both the near and distant future.

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.039 pfrm04 PsN: E04PT1 October 4, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1665 Mr. Speaker, I ask that my colleagues rise of Pottstown, the Lower Montgomery County fered the loss of her dear husband John, and with me today in celebration of the Ukrainian- Service Society, and the Main Line Neighbor- still she moved ahead to continue her con- American Youth Association's 50 years of hood united to provide the community with tributions of her time and her efforts. And service to the Ukrainian-American youth popu- outstanding social services. when she at last faced her most serious per- lation. Many young persons have surely bene- The 13th Congressional District of Pennsyl- sonal challenge to her health, she did so with- fitted from the work of this tireless group, and vania benefits from many programs imple- out complaint, but with great inner strength our nation has surely benefitted from the mented by Family Services. The services pro- and beauty. Youth Association's instruction on the virtues vided by this group address a variety of needs Mr. Speaker, I ask that Members of the and responsibilities of good citizenship and the including counseling, access to housing, med- House of Representatives of the United States value of freedom. Let us honor this distin- ical care, delivery of meals, identifying peer of America join with me in paying tribute to the guished group and let us wish them 50 more support systems, and locating resources to life of Rita Cestaric, and expressing gratitude years of fantastic service to our population. prevent future problems. for her love of country and her service to com- f Family Services works on many programs munity. that have become an integral part of our com- f PERSONAL EXPLANATION munity including: Meals on Wheels; Project HEARTH (Helping Elderly Adults Remain in TRIBUTE TO MR. AND MRS. HON. BOB FILNER Their Homes); Project HOPE, which provides WILLIE MCCOY OF CALIFORNIA HIV/AIDS Prevention and Support Services; IN THE HOUSE OF REPRESENTATIVES Families and Schools Together; and Safe HON. JAMES E. CLYBURN Kids. Family Services also provides work- Tuesday, October 3, 2000 OF SOUTH CAROLINA shops and seminars such as ``Family Violence IN THE HOUSE OF REPRESENTATIVES Mr. FILNER. Mr. Speaker, due to the death Prevention'', ``Dating Violence Prevention'', Tuesday, October 3, 2000 of my father, I did not attend the session of and ``Partnerships for Community Building'', June 28, 2000 and June 29, 2000. Had I been which help families confront many of today's Mr. CLYBURN. Mr. Speaker, today I pay present, I would have voted as follows on the challenges. tribute to Willie and Agnes McCoy on the oc- roll call votes indicated: It is an honor to recognize the remarkable casion of their 60th wedding anniversary. Sixty #352Ðyes, #353Ðyes, #354Ðyes, #355Ð impact this organization has on the commu- years of marriage is an accomplishment that is no, #356Ðyes, #357Ðno, #359Ðno, #360Ð nity. Family Services has enhanced the quality worthy of recognition, and I'd like to add my no, #361Ðno, #362Ðno, #363Ðyes, #364Ð of life for many of my constituents and it is a wishes for a happy 90th year to Mr. Willie no, #365Ðyes, #366Ðno, #367Ðno, #368Ð privilege to represent such an extraordinary McCoy. He celebrated his 90th Birthday on no, #369Ðno, #370Ðno, #372Ðyes. organization. the 4th of September. f f In June of 1940, Willie McCoy and Agnes Green met in Jacksonville, Florida. After an in- REPUBLIC OF CHINA’S NATIONAL IN HONOR OF RITA CESTARIC stant connection and brief courtship, Willie and DAY Agnes were married on November 16, 1940. HON. DENNIS J. KUCINICH They were wed in the home of a friend by HON. GEORGE RADANOVICH OF OHIO Rev. H.H. Robinson, whose words to them OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES were ``always respect each other, and never be too proud to say I'm sorry.'' Upon this foun- IN THE HOUSE OF REPRESENTATIVES Tuesday, October 3, 2000 dation of respect and humility, coupled with Tuesday, October 3, 2000 Mr. KUCINICH. Mr. Speaker, today I pay love, honesty, and trust, an exemplary mar- Mr. RADANOVICH. Mr. Speaker, Taiwan is tribute to Rita Cestaric who has been an out- riage was forged. a free democratic nation in the Pacific and a standing citizen of my district and our state. Throughout their many years together, they shining example of economic success and Rita Cestaric's entire life has been one of de- have been blessed with seven children, six- total democratization. Taiwan's accomplish- votion to her family, her friends and her com- teen grandchildren, many great-grandchildren, ments are too numerous to mention here, but munity. Her passion for service to community and a number of wonderful nieces, nephews, I do want to note that Taiwan's success is di- helped to encourage the involvement of many and close friends. One of their children, Willie, rectly attributable to its people's industrious- people in public life, including myself. She was is a very good friend to me and my family. ness and its leader's wisdom. Today nearly ever the activist, prodding and pushing, mov- To each other, they are gifts from God. To everyone in Taiwan is middle class, and is en- ing mountains on behalf of her city and her us, they are an example of true love and joying the country's many amenitiesÐsuch as nation. She was a civic and political force for friendship. Mr. Speaker, I ask you and my col- good food, adequate housing, a good trans- decades in North Olmstead, Ohio. leagues to join me in honoring Mr. and Mrs. portation system, excellent schools and crime- The home of Rita and her devoted husband, Willie McCoy on their 60th wedding anniver- free neighborhoods. Politically, people can John Cestaric, was always a hub of activity in sary, and Mr. Willie McCoy on his 90th birth- freely express their opinions and elect their the community. With John's patient support, day. leaders at every level. Press freedom and the Cestaric household was an important stop f human rights are also guaranteed by Taiwan's in any political campaign. Her children, Rita, constitution. Carole and John were always in amazement RECOGNITION OF YOUTH CIVIC Therefore, to my friends in Taiwan, I want to at the endless stream of activity which charac- LITERACY MONTH AND THE IM- go on record stating that you have done a terized the Cestaric home. They saw firsthand PORTANT CONTRIBUTIONS OF wonderful job and congratulations on your the impact of their mother's dedication and un- WAYNE STATE UNIVERSITY’S 89th National Day. derstood how significant her help was to so CIVIC LITERACY PROJECT f many people. Public officials came to the Cestaric home HON. DEBBIE STABENOW HONORING THE MONTGOMERY not only to meet the people of the neighbor- OF MICHIGAN COUNTY FAMILY SERVICES hood, but they were drawn to Rita. She gave IN THE HOUSE OF REPRESENTATIVES wise counsel to generations of public servants HON. JOSEPH M. HOEFFEL who sought her assistance. She always had a Tuesday, October 3, 2000 OF PENNSYLVANIA sense of what was in the public interest. Her Ms. STABENOW. Mr. Speaker, today I rec- IN THE HOUSE OF REPRESENTATIVES wisdom was the wisdom of the people and ognize the Youth Urban Agenda/Civic Literacy when she spoke you always knew that hers Project of Wayne State University. As a result Tuesday, October 3, 2000 was unmistakably the voice of many. She was of their efforts to encourage youth participation Mr. HOEFFEL. Mr. Speaker, today I con- an exemplar of the power of women in politics. in the political process, the month of October gratulate Family Services as they celebrate She was a singular force for encouraging 2000 is being recognized as Youth Civic Lit- 100 years of exemplary service in Mont- many women to become involved in the civic eracy Month in Wayne County Michigan. gomery County, Pennsylvania. This organiza- life of their communities. The Youth Urban Agenda/Civic Literacy tion was established when three local non- Rita Cestaric was an optimist. She faced all Project started at Wayne State University in profit organizations merged. Family Services challenges in life with equanimity. She suf- 1986 in an effort to promote programs to

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.040 pfrm04 PsN: E04PT1 E1666 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2000 teach students about civic responsibility and age of persons considered to be minors for ally and an enemy. For over 40 years, this provide them with the tools they need to build the purposes of the prohibition on transporting country was divided; families were separated, a real political agenda. This month the Project obscene materials to minors, introduced by and most strikingly, vastly different political will convene an international telecommuni- the gentleman from Colorado, Mr. TANCREDO, ideologies governed these two nations. cations event entitled ``A Youth Urban Agenda I would have voted ``Yea''. However, the highly dynamic 20th Century in the New Millennium.'' The event will be held On H.R. 3088 (rollcall No. 505), to amend allowed the generation which witnessed the di- in Detroit, Michigan with the participation of the Omnibus Crime Control and Safe Streets vision of this great nation see it reunified on students and teachers from one hundred Act of 1968 to provide additional protections to October 3, 1990. What once seemed impos- twenty middle schools, high schools, adult victims of rape, introduced by the gentleman sible became unstoppable as the Berlin Wall education programs and post-secondary insti- from Pennsylvania, Mr. WELDON, I would have opened on November 9, 1989, and streams of tutions in Southeast Michigan. They will be voted ``Yea''. excited people crossed into the west. While linked with teachers and students from major f these people were separated by geography U.S. and non-U.S. cities. and government, their German heritage and IN HONOR OF JOSEPH A. BALZANO In an era when so many people have be- common memory of one country kept them to- come disillusioned with the political process gether. and have stopped participating, it is vitally im- HON. JIM SAXTON While the desire to reunite these two na- portant that we energize our young people to OF NEW JERSEY tions was strong, significant economic, polit- become involved. It is my pleasure to ac- IN THE HOUSE OF REPRESENTATIVES ical, and social challenges faced the newly knowledge and commend Wayne State Uni- Tuesday, October 3, 2000 united Germany. Despite these issues, the versity and the Youth Urban Agenda/Civil Lit- Mr. SAXTON. Mr. Speaker, I make special German government and her people pressed eracy Project for it's leadership and vision in note of a very important person who has forward, refusing to look back. preparing young people to fully participate in served the State of New Jersey, the City of Today, Germany has much to celebrate. the political process. Camden, and the Delaware River port commu- Now united, this country has defined itself, f nity for 50 years. both as a sovereign nation, and within the context of multinational institutions such as the PERSONAL EXPLANATION Mr. Joseph A. Balzano, or Joe as we call him, serves as Executive Director and Chief European Union, NATO, and the United States. In addition, Germany has remained a HON. JULIA CARSON Executive Officer of the South Jersey Port Commission, Port of Camden. The South Jer- strong ally of the United States. OF INDIANA sey Port Commission hired Joe in 1951 as an As Germany celebrates the realization of IN THE HOUSE OF REPRESENTATIVES equipment operator. He quickly moved into freedom and democracy under one flag, let Tuesday, October 3, 2000 management, serving as the Port Operations this Congress recognize and offer its con- gratulations on this milestone of achievement, Ms. CARSON. Mr. Speaker, I was unavoid- Manager from 1961 to 1982, then as Deputy the 10th Anniversary of German Reunification. ably absent yesterday, Monday October 2, Director of the Commission from 1982 to 2000, and as a result, missed roll call votes 1989, and finally as Executive Director and f 503 through 505. Had I been present, I would CEO since 1989. On August 22, 2000, he have voted ``no'' on roll call vote 503, ``yes'' on began his 50th year working for the Port of A TRIBUTE TO THE GERMAN roll call vote 504, and ``yes'' on roll call vote Camden. SOCIETY OF PENNSYLVANIA 505. My friend Joe has had a very interesting ca- f reer with many highlights. One of these high- HON. ROBERT A. BRADY lights was his integral role in helping to bring OF PENNSYLVANIA PERSONAL EXPLANATION the retired Battleship USS New Jersey (BB± 62) to its namesake home of New Jersey, and IN THE HOUSE OF REPRESENTATIVES HON. BOB RILEY to its final resting place as a national museum Tuesday, October 3, 2000 OF ALABAMA docked in the Port of Camden. Mr. BRADY of Pennsylvania. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES Joe was born and raised, attended school, today I honor the German Society of Pennsyl- married and raised his family in the City of Tuesday, October 3, 2000 vania. Founded in 1764, it is the oldest Ger- Camden. He has received many honors and man American organization in the new world. Mr. RILEY. Mr. Speaker, I was unavoidably awards over the yearsÐtoo many to list In celebration of its founding, the Society will detained for rollcall No. 503, H.R. 4049, the hereÐand is among the best senior execu- hold its 236th Anniversary Ball and its annual Privacy Commission Act. Had I been present tives in the maritime industry. German American Day festivities. I would have voted ``yes''. Mr. Speaker, I was The Port of Camden is thankful that Joe The first German immigrants came to the unavoidably detained for rollcall No. 504, H.R. Balzano's knowledge, wisdom, leadership and new world after being invited by William Penn 4147, the Stop Material Unsuitable for Teens dedication have blessed New Jersey and the to come to his colony. Ultimately, thirteen fam- Act. Had I been present I would have voted Delaware River port community for five dec- ilies settled in what became known as Ger- ``yea''. Furthermore, Mr. Speaker, I was un- ades. Moreover, we are fortunate that his mantown, one of Philadelphia's oldest sections avoidably detained for rollcall No. 505, H.R. presence will continue to grace the streets of of the city. These families left their homes in 3088, the Victims of Rape Health Protection Camden for years to come. the Rhineland City of Krefeld and arrived in Act. Had I been present I would have voted On behalf of the United States Congress Philadelphia on October 6, 1683, a date cele- ``yea''. and the 3rd Congressional District of New Jer- brated by German Americans as the beginning f sey, I thank Joe Balzano for his distinguished of their history in the United States. service and dedication to the Port of Camden PERSONAL EXPLANATION The flow of German immigrants continued and to the State of New Jersey. and the poorest of them suffered many hard- HON. MAJOR R. OWENS f ships and cruelty. As a result the Society was founded, for the express purpose of aiding OF NEW YORK COMMEMORATING UNITY DAY these distressed immigrants. And, because of IN THE HOUSE OF REPRESENTATIVES HON. GARY G. MILLER the Society's advocacy a series of measures Tuesday, October 3, 2000 to protect immigrants were enacted. OF CALIFORNIA Today, the Society maintains its presence in Mr. OWENS. Mr. Speaker, yesterday I was IN THE HOUSE OF REPRESENTATIVES unavoidably absent on a matter of critical im- the First Congressional District in its historic portance and missed the following votes: Tuesday, October 3, 2000 1888 landmark building, which is on the na- On H.R. 4049 (rollcall No. 503), to establish Mr. GARY MILLER of California. Mr. Speak- tional list of historic places. The Society also the Commission for the Comprehensive Study er, it is with great pleasure that I commemo- continues to steadfastly fulfill its mission to of Privacy Protection, introduced by the gen- rate Unity Day, which is being celebrated in serve its members and those who share inter- tleman from Arkansas, Mr. HUTCHINSON, I Germany today. October 3, 2000 marks the ests in German and German American culture, would have voted ``Nay'' 10th Anniversary of Germany's Reunification. heritage and values through its presentations On H.R. 4147 (rollcall No. 504), to amend Growing up, I learned about two countries of educational lectures, cultural and arts pro- Title 18 United States Code, to increase the called GermanyÐthe West and the EastÐan grams, and seminars.

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A03OC8.046 pfrm04 PsN: E04PT1 October 4, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1667 PERSONAL EXPLANATION nomic activity in Dutchess, Orange, and Sul- ‘‘(A) the days on which either House is not livan County in New York, as well as steady in session because of an adjournment of more increases in caseload from the mid-Hudson than 3 days to a day certain or an adjourn- HON. JOSEPH M. HOEFFEL ment of the Congress sine die; and OF PENNSYLVANIA Valley region. In fact, current statistics sug- ‘‘(B) any Saturday and Sunday, not ex- IN THE HOUSE OF REPRESENTATIVES gests that the need is even greater now than cluded under subparagraph (A), when either previously ascertained by Congress in 1996. House is not in session.’’. Tuesday, October 3, 2000 The number of cases in 1999 that could have (b) CONFORMING AMENDMENTS.—Section 462 Mr. HOEFFEL. Mr. Speaker, last night I gone to an Orange County Courthouse, based of title 28, United States Code, is amended— missed the first vote (#503) which authorized on the location of the litigants or the attorney's (1) in subsection (b), by inserting before a Privacy Commission. I was unavoidably de- residence, increased to 312, up from 290 in the period at the end the following: ‘‘, and subject to subsection (g)’’; tained on a train from Philadelphia which was 1996. Moreover, the population for the region (2) in subsection (c), by inserting before the late in arriving. If present, I would have voted has increased to 671,767, up from 656,740 in period at the end the following: ‘‘, and sub- ``nay'' on the motion. 1996 and the total labor force has risen to ject to subsection (g)’’; and f 309,100 up from 301,800 in 1996. (3) in subsection (f), by inserting ‘‘subject Furthermore, it should be noted that while to subsection (g),’’ after ‘‘Director re- REVIEW BY CONGRESS OF PRO- Congress may have acquiesced in the closure quests,’’. POSED CONSTRUCTION OF COURT of some courthouses which have become re- f FACILITIES—H.R. 5363 dundant, based on considerations of economy and efficiency, I know of no situation where a CHINA’S HUMAN RIGHTS VIOLA- HON. BENJAMIN A. GILMAN court has refused to provide judicial services TIONS DISQUALIFY BEIJING OF NEW YORK at a location designated by statute, where FROM HOSTING THE 2008 OLYM- PIC GAMES IN THE HOUSE OF REPRESENTATIVES both the need exists and there is strong local Tuesday, October 3, 2000 support for the service. Such was and still is clearly the case with regard to the Orange HON. TOM LANTOS Mr. GILMAN. Mr. Speaker, today I am intro- County project. OF CALIFORNIA ducing legislation to provide for the review by Accordingly, while it is now current practice, IN THE HOUSE OF REPRESENTATIVES Congress of proposed construction of court fa- as denoted by title 28 of the U.S. Code, for Wednesday, October 4, 2000 cilities, H.R. 5363. the U.S. Administrative Office of the Courts I am introducing this measure in response and the GSA to develop a rolling five year Mr. LANTOS. Mr. Speaker, last Thursday, I to my experience with a proposed Federal plan denoting the need for courthouse con- introduced House Resolution 601, a resolution courthouse project for Orange County, New struction, I believe it is important for Congress expressing the sense of the House of Rep- York. to have a say in this important matter. resentatives that the Olympic Games in the In April of this year, the Judicial Council of The legislation I introduced today will re- year 2008 should NOT be held in Beijing in the Second Circuit voted to rescind its prior quire the director of the Administrative Office the People's Republic of China. Joining me as 1992 approval for construction of a Federal of the United States Courts to submit for ap- cosponsors of this resolution are a distin- courthouse in Orange County, New York. proval to the Congress a report setting forth guished bipartisan group of our colleagues This project began in 1991, when then Chief the courts plans for proposed construction. who are leaders in the area of human rights Judge of the U.S. District Court of the South- Congress will have 30 legislative days to dis- the Gentleman from California, Mr. COX; the ern District of New York the honorable Charles approve of the proposed construction. gentleman from Virginia, Mr. WOLF; the gen- L. Brient, requested the board of judges to It has become apparent to me after the ex- tleman from New Jersey, Mr. SMITH; the gen- study future planning for court facilities west of perience I have had with both the Board of tlewoman from California, Ms. PELOSI; the the Hudson River. Subsequently, on June Judges of the southern district and the Judicial gentleman from Illinois, Mr. PORTER; and the 1992, the board of judges of the southern dis- Council of the Second Circuit that an impe- gentleman from California, Mr. ROHRABACHER. trict found that there was a need for a court- rialistic attitude among many of our Federal Mr. Speaker, Beijing is one of five cities cur- house to meet the growing demands in the judges prevail. rently under consideration by the International mid-Hudson Valley Region of New York, and The decision as to whether or not to move Olympic Committee (IOC) to host the games voted unanimously to authorize the chief judge forward with construction of a court facility is in the year 2008. Four other cities are also still to apply to the Judicial Council of the Second no longer based on existing evidence and in the runningÐIstanbul, Turkey; Osaka, Circuit for approval of a Federal District Court- data showing the need, but instead on the Japan; Paris. France; and Toronto, Canada. house west of the Hudson. personal thoughts of the judges involved. The decision on the venue for the 2008 Following approval of the Judicial Council of This legislation will end that practice. Ac- Games will be made by the IOC at its meeting the Second Circuit on July 28, 1992, the mat- cordingly, I urge my colleagues to support in Moscow in July 2001. Since the decision ter was referred to the court administration H.R. 5363. will be made in only nine months, it is impor- and case management committee of the judi- H.R. 5363 tant that any expression of the views of the cial conference of the United States. The com- Be it enacted by the Senate and House of Rep- House of Representatives be made known mittee reported favorably and voted unani- resentatives of the United States of America in quickly. mously in a March 1993 session of the judicial Congress assembled, Mr. Speaker, the human rights record of the conference of the United States to ``seek legis- SECTION 1. CONGRESSIONAL REVIEW OF NEW People's Republic of China is abominable and lation on the court's behalf to amend title 28 CONSTRUCTION FOR FEDERAL it is getting worse, not better. It is completely of the U.S. Code, section 112(b) to establish COURTS. inconsistent with the Olympic ideal to hold the (a) IN GENERAL.—Section 462 of title 28, a place for holding court in the Middletown/ United States Code, is amended by adding at Games in Beijing. As our resolution spells out Wallkill area of Orange County or such nearby the end the following new subsection: in greater detail, according to most recent location as may be deemed appropriate.'' ‘‘(g)(1) Facilities for holding court may not State Department's Country Reports on Accordingly, during the 104th Congress, be constructed unless— Human Rights Practices, the government of Public Law 104±317 was approved desig- ‘‘(A) the Director of the Administrative Of- China ``continued to commit widespread and nating that ``court for the southern district shall fice of the United States Courts submits to well-documented human rights abuses, in vio- be held at New York, White Plains, and in the Congress a report setting forth the plans lation of internationally accepted norms.'' for the proposed construction; and Middletown-Wallkill area of Orange County or ‘‘(B) 30 days have elapsed and the Congress I reject the argument that holding the games such nearby location as may be appropriate.'' has not, before the end of that 30-day period, in Beijing will encourage the Chinese govern- In an attempt to proceed forward in an ex- enacted a provision of law stating in sub- ment to clean up its act with regard to human peditious matter the administrative office of the stance that the Congress disapproves the rights. The Mayor of Beijing, in connection courts and the U.S. General Services Adminis- proposed construction. with the city's bid to host the games, already tration, both concurring with the need for a ‘‘(2) For purposes of paragraph (1), con- informed a rally in the city that in preparation courthouse in Orange County, determined that struction of facilities includes the alter- for the Games, the government will ``resolutely ation, improvement, remodeling, reconstruc- a facility could and should be constructed and tion, or enlargement of any building for pur- smash and crack down on Falun Gong and paid through GSA's current funding. poses of holding court. other evil cults.'' If Beijing's bid is accepted, This project had and still has clear evidence ‘‘(3) The 30-day period referred to in para- there will be moreÐnot fewerÐhuman rights denoting the growth in population and eco- graph (1) shall be computed by excluding— violations.

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.052 pfrm04 PsN: E04PT1 E1668 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2000 Mr. Speaker, the venue of the Olympic form of discrimination with regard to a country (2) acknowledges that the Chinese people Games has great significance. Hitler's Berlin or a person on grounds of race, religion, poli- and thousands of Chinese Olympic athletes Olympics of 1936 were nothing more than a tics, sex or otherwise is incompatible with the have shown their strong support for the Olym- propaganda exerciseÐan attempt to fool other Olympic Movement; pic spirit through their commitment to excel- countries into believing that Nazi Germany Whereas the State Department's Country lence, energy, skill, sportsmanship, and good was a model world citizen. Holding the games Reports on Human Rights Practices for 1999 will towards their fellow athletes; in Beijing will convey a message that is incon- reports that (3) expresses the sense of the House of sistent with the Olympic ideal. (1) ``The [Chinese] Government continued to Representatives that the Olympic Games in Clearly the venue for the Olympic Games is commit widespread and well-documented the year 2008 should not be held in Beijing in a decision that will be made by the IOC, but human rights abuses, in violation of inter- the People's Republic of China because the clearly this is an issue on which the U.S. Con- nationally accepted norms.'' deplorable human rights record of the Peo- (2) ``Abuses included instances of gress can and should express its opinion. If ple's Republic of China violates international extrajudicial killings, torture and mistreatment we do not to express our views in the face of human rights standards which that Govern- of prisoners, forced confessions, arbitrary ar- China's egregious human rights violations, we ment has pledged to uphold and its actions rest and detention, lengthy incommunicado would be derelict in our responsibilities. are inconsistent with the Olympic ideal; In 1993, as the IOC was considering the detention, and denial of due process.'' venue for the 2000 Olympic Games, Mr. (3) ``The Government infringed on citizens' (4) expresses the view that the House looks Speaker, I introduced a resolution which ex- privacy rights.'' forward to the day when the House can sup- pressed the sense of the House of Represent- (4) ``The Government tightened restrictions port a proposal of the People's Republic of atives that the Olympics in the year 2000 on freedom of speech and of the press, and China to host the Olympic Games at a time should not be held in Beijing or elsewhere in increased controls on the Internet; self-censor- when the Chinese people openly enjoy the tol- the People's Republic of China. That resolu- ship by journalists also increased.'' erance and freedoms espoused by the high tion was approved by an overwhelming vote in (5) ``The Government severely restricted ideals of the Olympic tradition; and the House of Representatives on July 26, freedom of assembly and continued to restrict (5) directs the Clerk of the House of Rep- 1993. A Short while later, the IOC voted to ac- freedom of association.'' resentatives to transmit a copy of this resolu- (6) ``The Government continued to restrict cept the bid of Sydney, Australia, as host to tion to the Chairman of the International Olym- freedom of religion and intensified controls on the 2000 games. pic Committee and to the United States rep- Mr. Speaker, it is imperative that we con- some unregistered churches.'' resentative to the International Olympic Com- (7) ``The Government continued to restrict tinue to call the attention of the world commu- mittee with the request that it be circulated to freedom of movement.'' all members of the committee. nity to the serious violation of human rights by (8)The Government does not permit inde- the government of the People's Republic of pendent domestic nongovernmental organiza- f China. Holding the games in Beijing, if human tions (NGOs) to monitor publicly human rights rights violations continue unabated, would be conditions.'' RECOGNITION OF CARLEY ZELL so contrary to the spirit of the Olympics that (9) ``Violence against women, including co- the Beijing games would go down in history in AS GEORGIA’S OLDER WORKER ercive family planning practicesÐwhich some- OF THE YEAR much the same terms as Hitler's 1936 games. times include forced abortion and forced steri- This is an issue on which this House should lization; prostitution; discrimination against express its view. women; trafficking in women and children; HON. JACK KINGSTON Mr. Speaker, I submit the full text of House abuse of children; and discrimination against OF GEORGIA Resolution 601 to be printed in the RECORD. the disabled and minorities are all problems.'' The text of the resolution spells out in greater (10) ``The Government continued to restrict IN THE HOUSE OF REPRESENTATIVES detail the concerns we have regarding China's tightly worker rights, and forced labor in prison Wednesday, October 4, 2000 record on human rights and its inconsistency facilities remains a serious problem. Child with the Olympic ideal. labor persists.'' Mr. KINGSTON. Mr. Speaker, today I recog- HOUSE RESOLUTION 601 (11) ``Particularly serious human rights nize Carley Zell as the recipient of this year's Expressing the sense of the House of Rep- abuses persisted in some minority area, espe- Georgia's Older Worker of the Year award. resentatives that without improvement in cially in Tibet and Xinjiang, where restrictions Mr. Zell was given the award during the Geor- human rights the Olympic Games in the year on religion and other fundamental freedoms gia Older Worker Conference and 12th Annual 2008 should not be held in Beijing in the Peo- intensified.''; Awards Luncheon. The award was presented ples Republic of China. Whereas, according to press reports, Liu Qi, to Mr. Zell by the Georgia Labor Commis- Whereas the International Olympic Com- the Mayor of Beijing, told a rally called to pro- sioner Michael Thurmond. Mr. Zell has lived in mittee is now in the process of determining mote Beijing's bid to host the Olympic Games three centuries and has yet to retire. He has the venue of the Olympic Games in the year that the government would ``resolutely smash continued to work and contribute to his family 2008 and is scheduled to make that decision and crack down on Falun Gong and other evil and community. Let me take a moment to ap- at the IOC meeting scheduled for Moscow in cults'' in preparation for hosting the games; plaud Mr. Zell's dedication and contributions. July 2001; Whereas, the egregious human rights Mr. Zell owns Zell Enterprises which he Whereas the city of Beijing has made a pro- abuses committed by the Government of founded in 1958. His company includes rental posal to the International Olympic Committee China are inconsistent with the Olympic ideal; properties that are located in Brunswick and that the summer Olympic Games in the year and 2008 be held in Beijing; Whereas on July 26, 1993, the House of the Jacksonville Warehouse Co. Mr. Zell start- Whereas the Olympic Charter states that Representatives adopted House Resolution ed his first job at age 12 delivering news- ``Olympism'' and the Olympic ideal seek to 188 in the 103rd Congress which expressed papers for the Brunswick News. The year after foster ``respect for universal fundamental eth- the sense of the House of Representatives he graduated from Glynn Academy, he served ical principles''; that the Olympics in the year 2000 should not as an apprentice seaman in the U.S. Navy. Whereas the United Nations General As- be held in Beijing or elsewhere in the People's During his time in the Navy, he managed a sembly in resolution 48/11 adopted on Octo- Republic of China; shipyard cafeteria that served 30,000 workers ber 25, 1993, recognized ``that the Olympic Now, therefore, be it Resolved that the daily, as they built ships at the Brunswick goal of the Olympic Movement is to build a House of Representatives shipyards during World War II. peaceful and better world by educating the (1) welcomes the participation of Chinese Please join me again in applauding Mr. Zell. youth of the world through sport, practiced athletes in the Olympic Games, notes the out- He represents what is best in AmericaÐhe is without discrimination of any kind and the standing competitive effort of Chinese athletes a self-learner, and through hard work and per- Olympic spirit, which requires mutual under- in the games in Sydney, Australia, where Chi- sistence has reached the true meaning of suc- standing, promoted by friendship, solidarity nese athletes placed third in the number of cess. Let us all take direction from him and and fair play; medals earned, and in Atlanta, Georgia, and strive to obtain his love for work. He has con- Whereas United National General Assembly Barcelona, Spain, where Chinese athletes also tinually given to his community and never in resolution 50/13 of November 7, 1995, placed third in the number of medals earned, asked for anything back in return. Our society stressed ``the importance of the principles of and wholeheartedly welcomes the support of today needs more people like him to inspire the Olympic charter, according to which any the Chinese people for the Olympic Games; and continually give relentlessly.

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\K04OC8.001 pfrm04 PsN: E04PT1 October 4, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1669 EXPRESSING SENSE OF CONGRESS Mr. Speaker, in closing, this Member notes vada, and countless other communities in Col- REGARDING TAIWAN’S PARTICI- that this body has repeatedly passed meas- orado and across the continent. PATION IN THE UNITED NATIONS ures that call for greater participation by Tai- And by bolstering the PILT program, we can wan in international organizations, in particular help the counties and other local governments SPEECH OF supporting Taiwan's participation in the United in areas where the federal government is a HON. DOUG BEREUTER Nations, the World Health Organization, and major landownerÐand we can do it the right OF NEBRASKA the World Trade Organization, among others. way, by providing funds that aren't tied to tim- IN THE HOUSE OF REPRESENTATIVES As Chairman of the Asia and Pacific Sub- ber sales or other uses of the federal lands and so without making the local communities Tuesday, October 3, 2000 committee, this Member believes it is worth- while for this body to reaffirm its support and hostages to the debates over timber harvests Mr. BEREUTER. Mr. Speaker, this Member commitment to Taiwan's participation in these or other extractive uses. rises in strong support of H. Con. Res. 390. important international organizations. There- Mr. Speaker, of course this is not a perfect This Member would first like to express his fore, this Member strongly supports the pas- billÐbut, all too often we are reminded that sincere appreciation to the distinguished gen- sage of H. Con. Res. 390. there is no perfect legislation. But, when you consider all that this con- tleman from Colorado [Mr. SCHAFFER] for intro- f ducing this resolution on September 6, 2000 ference report would do for our country I am and for working with this Member and staff on CONFERENCE REPORT ON H.R. 4578, convinced that we should approve it todayÐ a limited number of modifications to the reso- DEPARTMENT OF THE INTERIOR and, after that, keep on working for the further lution as introduced. In addition, this Member AND RELATED AGENCIES APPRO- improvements that will come from enactment would also like to thank the distinguished PRIATIONS ACT, 2001 of CARA. Ranking Member of the Subcommittee on Asia f SPEECH OF and the Pacific [Mr. LANTOS], the distinguished H. CON. RES. 64, CERVICAL CAN- Chairman of the Committee on International HON. MARK UDALL CER PUBLIC AWARENESS RESO- Relations [Mr. GILMAN] and the Committee's OF COLORADO LUTION distinguished Ranking Member [Mr. GEJDEN- IN THE HOUSE OF REPRESENTATIVES SON], for supporting this resolution and moving SPEECH OF it expeditiously forward to the House Floor for Tuesday, October 3, 2000 HON. BOB RILEY consideration. Mr. UDALL of Colorado. Mr. Speaker, I will OF ALABAMA House Concurrent Resolution 390 ex- vote for this conference reportÐand I will do IN THE HOUSE OF REPRESENTATIVES presses this body's strong support for Tai- so as a strong supporter of the Conservation wan's participation in the United Nations and and Reinvestment Act, or ``CARA.'' Tuesday, October 3, 2000 other international organizations, including the I understand that other supporters of CARA Mr. RILEY. Mr. Speaker, I want to commend World Health Organization (WHO). The resolu- may disagree. They are concerned that pas- my colleagues in the House for their support tion correctly notes that the 23 million people sage of this bill will mean that CARA is dead. of H. Con. Res. 64, the Cervical Cancer Public on Taiwan have much to contributeÐboth But I do not think that is the case. Certainly Awareness Resolution. I am proud to have substantively and financiallyÐto the work of I will continue working for CARA's enactment supported this legislation as a cosponsor. international organizations. Clearly, the people this yearÐand, if that does not occur, and if This resolution recognizes the severity of on Taiwan should also benefit from the work I am reelected, I will resume the effort next the issue of cervical cancer. In order to defeat of the international organizations as do all year. cervical cancer this country must open its members of the world community. But in the meantime, by passing this con- eyes to the disease's catastrophic effects. This In addition, H. Con. Res. 390 recognizes ference report we will take an important step legislation seeks to accomplish that objective. Taiwan's dramatic transformation into a multi- toward one of CARA's key goalsÐthat is, to- It calls on the United States as a whole to party democracy with a civil society which fully ward fulfilling the promise of one of the wisest support individuals who have been afflicted respects human rights and civil liberties. The and most far-sighted conservation measures with cervical cancer, as well as their loved resolution notes the most recent illustration of everÐthe Land and Water Conservation Fund ones. This resolution not only makes Ameri- Taiwan's democratic developmentÐthe March cans aware of this horrible disease, it also 18, 2000, election of Mr. Chen Shui-bian as Act. The promise of that Act was that as the fed- urges them to take the opportunity to learn president and the peaceful transfer of power eral government sold non-renewable re- about cervical cancer and take advantage of on Taiwan from one political party to another the improved early detection methods now on May 20th with the inauguration of Mr. sources, particularly the oil and gas from the outer continental shelf, it would invest a major available. Additionally, this legislation articu- Chen. lates Congress's recognition of the importance part of the proceeds in conserving our lands Certainly, Taiwan's economic achievements of federally funded programs that provide cer- and waters and in helping our local commu- in the last 50 years also give Taiwan a special vical cancer screenings and follow-up services nities to make similar investments. role in assisting developing economies and to medically under served individuals. It is vi- Unfortunately, because of the budget prob- contributing to international organizations fo- tally important that each and every woman in lems of the past, for too long the Congress fell cused on economic, trade and development America have access to these early detection matters. Taiwan is the world's 13th largest short of fulfilling that promise. But now the screenings. economy with over $235 billion in two-way budget situation is different and we have a Cervical cancer annually strikes an esti- trade. Indeed, Taiwan already is an active and chance to make up for some of the shortfalls mated 15,000 women in the United States. It constructive member of the Asia Development of the past and in fact to expand the benefits is estimated that during this decade more than Bank and APEC and has been an observer at for our country. 150,000 women will be diagnosed with cer- the World Trade Organization since 1992. By passing this bill, we can help our com- vical cancer in the United States. Even more This year, on May 24, 2000, this body clear- munities respond to the problems of growth startling is that during an average woman's ly and unequivocally spoke in favor of Tai- and sprawl and to provide much-needed lifetime cervical cancer strikes one out of wan's accession to the WTO as a full member places for sports and outdoor recreation. We every 50 American women. Studies show that by passing H.R. 4444. Given recent state- can help preserve our open spaces by acquir- although cervical cancer is a preventable dis- ments by representatives of the People's Re- ing inholdings in our parks and forests from ease in a majority of cases it is still one of the public of China, this Member wishes to reaf- people who want to sell. We can help protest leading causes of death among women world- firm that legislation's commitment that the threatened and endangered species, and the wide. Although these statistics appear dismal, United States should be prepared to aggres- fish and wildlife resources that are so impor- I am optimistic that through awareness and re- sively counter any attempt to delay, set condi- tant to Colorado and the rest of the nation. search we can eventually prevent this disease tions on, or block Taiwan's accession to the By greatly increasing the resources of the from taking any more lives. Even today, cer- WTO. Our strong support for Taiwan's acces- Historic preservation Fund we can help pre- vical cancer can be successfully treated and sion to the WTO is clear. serve the irreplaceable historic legacy of Colo- even prevented in many cases. The key to The resolution also calls on the Clinton Ad- rado and our nationÐsaving historic land- prevention is through early detection. Unfortu- ministration to uphold the commitment made marks, attracting private investment, and help- nately, many women are not aware of the in its 1994 Taiwan Policy Review to more ac- ing bring economic vitality to historic sites in dangers or even the existence of cervical can- tively support Taiwan's participation in appro- Gilpin, Clear Creek, Adams, and Jefferson cer, therefore they do not take the proper pre- priate international organizations. Counties and to neighborhoods in Boulder, Ar- cautions through early detection screenings.

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A04OC8.001 pfrm04 PsN: E04PT1 E1670 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2000 It is my sincere hope that this legislation will Mr. Speaker, the California National Guard youth about the perils of drug use. Thanks to promote widespread awareness throughout performs a variety of tasks and missions in their diligent efforts, our state and our nation the United States. This bill will bring aware- support of local law enforcement agencies. are a better place. ness to this very serious disease, and educate One program in particular that I wish to call to f all individuals, not only women, on the avail- the attention of my colleagues is the Guard's ability of early detection methods. I believe educational efforts as part of ``Red Ribbon RECOGNIZING THE REPUBLIC OF that through awareness and education we can Week,'' a nationwide effort to focus on drug CHINA’S NATIONAL DAY save thousands of lives, and actually prevent awareness and education during the last of cervical cancer in thousands of other lives. October. Since 1988, the California National HON. GREG WALDEN Again, I am proud to have supported the Cer- Guard has been an active participant in Red OF OREGON vical Cancer Public Awareness Resolution. Ribbon Week. This highly successful program IN THE HOUSE OF REPRESENTATIVES f was started initially to commemorate the life of Drug Enforcement Agency officer Enrique Wednesday, October 4, 2000 IN HONOR OF TOM TOSH OF COMO, (``Kiki'') Camerena, an undercover narcotics TEXAS Mr. WALDEN of Oregon. Mr. Speaker, I agents who was brutally murdered by illegal send my best wishes and congratulations to drug traffickers. To mark his death and honor Republic of China President Chen Shui-bian HON. MARTIN FROST his life, the week of October 23±31 has been and his people on the occasion of their 89th OF TEXAS designated Red Ribbon Week. Across the na- National Day. In recent years, Taiwan has IN THE HOUSE OF REPRESENTATIVES tion, federal and local law enforcement agen- prospered. It has one of the strongest econo- cies spend the week participating in a variety Wednesday, October 4, 2000 mies in the world and its people enjoy unprec- of programs to educate children about the per- edented prosperity. Taiwan has solid schools, Mr. FROST. Mr. Speaker, today, I wish to ils of drug use. a good transportation system and sound honor Tom Tosh of Como, Texas. Tom was The California National Guard has been health care. Furthermore, the people of Tai- recently recognized as Texas' Outstanding such an active participant in Red Ribbon wan enjoy many political freedoms such as di- Older Worker by Green Thumb, America's old- Week and its efforts have generated such in- rect elections, a free press, and human rights. est non-profit provider of senior employment terest in the program that the Guard has ex- I commend Taiwan on their 89th National and training. At age sixty-seven, when most panded Red Ribbon Week into Red Ribbon Day. Their people have every right to be people have retired, or are at least considering Month in order to respond to the numerous re- proud on this momentous occasion. retirement, Tom went back to work at Custom quests for education programs. The California Shutters Inc. It has now been sixteen years, Guard uses the power of positive role models f and Tom Tosh, at age eighty-two, continues to to encourage choosing a drug-free lifestyle. I EL CAMINO REAL DE TIERRA work 40-hour weeks in his position as a spe- can only imagine the incredibly positive affect ADENTRO NATIONAL HISTORIC ciality craftsman. that a helicopter pilot has on young childred TRAIL ACT Tom truly exemplifies the positive work after they witness the landing of his or her hel- ethic, experience, loyalty and dependability so icopter on the school grounds. Other positive SPEECH OF important to our society today. According to Guard efforts include chaperoning education his personnel manager, Tom is an inspiration retreats and speaking at schools. HON. SILVESTRE REYES because of his untiring dedication to his craft Mr. Speaker, the California National Guard's OF TEXAS and his company. He is creative, patient, wise, involvement in Red Ribbon Month is only one IN THE HOUSE OF REPRESENTATIVES kind, and honest. His knowledge and work aspect of its participation in the battle against Tuesday, October 3, 2000 ethnic motivates workers less than half his illicit drug use. The National Guard partici- age, who, at this rate, will probably end up re- pates in the two pronged attack to reduce Mr. REYES. Mr. Speaker, I am proud to be tiring before he does! drug use in our countryÐsimultaneously at- the sponsor of the House bill of S. 366, El Ca- Tom is a navy veteran; he served our coun- tacking supply and demand. The Drug De- mino Real de Tierra Adentro National Historic try in World War II. In addition to working full- mand Reduction Program (DDR) focuses on Trail Act. time, Tom volunteers for the American Cancer education and information about the effects of This trail has a great deal of importance to Society, is a member of his local Veterans of narcotic use so that individuals will be less the Southwest. El Camino Real de Tierra Foreign Wars, swims, sails, and makes jew- likely to turn to drugs. The Guard implements Adentro (the Royal Road of the Interior), elry, All this, and he still finds time to dedicate this program through its education work with served as the primary route between the colo- to his wife of 61 years and two children. He school children. Already in this year alone, nial Spanish capital of Mexico City and the is a shinning example of America at any age, members of the California National Guard Spanish provincial capitals at San Juan de and truly exemplifies that ability is ageless. have spoken to 123,550 people, 82% of them Los Caballeros (1598±1600), San Gabriel I am proud of work that Green Thumb and school-age children and 74% of them in the (1600±1609) and then Santa Fe (1610±1821). other organizations do to strengthen our fami- 8th grade or below. This is particularly impor- The portion of El Camino Real de Tierra lies, communities, and the Nation. The oppor- tant, Mr. Speaker, because studies have Adentro that resided in what is now the United tunities, and wisdom that older workers such shown that the earlier you teach children the States extended between El Paso, Texas and as Tom Tosh can provide for us are immeas- dangers of drug use, the greater the chance present San Juan Pueblo, New Mexico, a dis- urable. I salute him today. that the child will embrace that message. tance of 404 miles. El Camino Real is a sym- f The second element of the California bol of the cultural interaction between nations Guard's anti-drug program involves removing and ethnic groups and of the commercial ex- CONTRIBUTION OF THE CALI- the supply of drugs from our streets. To this change that made possible the development FORNIA NATIONAL GUARD TO end, the Guard provides support and assist- and growth of the borderland. American Indian FIGHTING ILLEGAL DRUGS ance to local law enforcement agencies in get- groups dating back into prehistoric times, es- ting the drugs off of the streets. From flight pecially the Pueblo Indians of the Rio Grande HON. TOM LANTOS surveillance to assisting local police officers in river valley, use the area and trail along the OF CALIFORNIA raids of methamphetamine plants, the Cali- Rio Grande long before Europeans arrived. IN THE HOUSE OF REPRESENTATIVES fornia Guard has been involved in numerous In 1598, Don Juan de Onate led a Spanish seizures of illegal narcotics. This past year military expedition along those trails to estab- Wednesday, October 4, 2000 alone, in actions supported by the California lish the northern portion of El Camino Real, Mr. LANTOS. Mr. Speaker, I rise today to Guard, law enforcement officials have seized and during the Mexican National Period and commend the California National Guard for its over 8,100 lbs. of cocaine, 750 lbs. of heroin, part of the U.S. Territorial Period, El Camino vital contribution in helping to reduce drug use 1,800 lbs. of methamphetamine, 360 lbs. of Real de Tierra Adentro facilitated the emigra- among our youth. Throughout the United opium, 414,677 marijuana plants and 261 lbs. tion of people to New Mexico and other areas States the National Guard frequently assists of processed marijuana. that would become the United States. local law enforcement agencies in their fight Mr. Speaker, I invite my colleagues to join This trail is important to the history of the against illicit drugs, and often Guard members me in paying tribute to the vital efforts of the borderlands as it was central to the explo- risk their lives to provide necessary support for California National Guard in reducing illicit ration, conquest, colonization, settlement, reli- local law enforcement agencies. drugs on our streets and educating of our gious conversion, and military occupation of

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A04OC8.004 pfrm04 PsN: E04PT1 October 4, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1671 the Southwest. Many people used the trail in- (GAO's) submitting timely comments on pro- mark by winning the Association of Road Run- cluding American Indians, European emi- posed rules during the public comment period, ning Athletes (ARRA) circuit title. Since then, grants, miners, ranchers, soldiers, and mis- while there is still an opportunity to influence Libbie has placed in the top ten of the fin- sionaries. These travelers promoted cultural the cost, scope and content of an agency's ishers in twenty-one of the races in which she interaction among Spaniards, other Euro- regulatory proposal. S. 1198 does not require has participated. In 14 of those races, she fin- peans, American Indians, Mexicans, and GAO to submit timely comments but neither ished in the top 5, and in 5 of them, she won Americans. El Camino Real fostered the does it preclude GAO for doing so. Second, I the event. spread of Catholicism, mining, an extensive agree with Mr. RYAN about GAO's responsi- In her spare time, Libbie Hickman is a self- network of commerce, and ethnic and cultural bility to examine non-agency (i.e., ``public'') described ``gardening freak'' who thinks she traditions including music, folklore, medicine, data and analyses in preparing its `inde- might have been a professional gardener if foods, architecture, language, place names, ir- pendent evaluation' of an agency's regulatory her passion for running were not so strong. rigation systems, and Spanish law. This trail is proposal. Sometimes the best way to deter- Passion for her sport has driven her to work important to the cultural history and rich herit- mine if an agency has ignored Congressional hard in pursuit of her Olympic dream. This age of the Southwest. intent or failed to consider less costly or non- passion was on display Wednesday as she S. 366 amends the National Trails System regulatory alternatives is to review non-agency led the American team to a qualifying spot in Act to designate El Camino Real de Tierra analyses. S. 1198 does not require GAO to re- the 10,000 meter finals. Libbie finished 10th in Adentro as a National Historic Trail. This non- view public data but neither does it preclude her heat, and 20th overall. She was the only controversial legislation prohibits the acquisi- GAO from doing so. Third, I agree with Mr. American woman who qualified to go to the tion of any lands or interests outside the exte- RYAN that GAO should comment substantively finals on Saturday. While Libbie did not win rior boundaries of any federally administered on an agency's regulatory proposal. S. 1198 the race, she won our hearts and proved her- area for El Camino Real de Tierra Adentro ex- does not require GAO to comment on the self a fierce and respected competitor, and an cept with the consent of the owner. The bill scope and content of an agency's regulatory inspiration to the people of Colorado, and the has already passed in the House in a similar proposal but neither does it preclude GAO entire nation. form. I am pleased that this bill, which is iden- from doing so. It is with great pride that I stand today to tical to the House bill which I originally intro- Mr. KUCINICH stated his view that, ``Under congratulate one of Colorado's genuine Olym- duced, has again made it to the floor. this bill, GAO would retain its traditional role pic heroes. Libbie Hickman is a true American I would like to thank Chairman YOUNG and as auditor . . . [the bill] preserves GAO's tra- heroine. She has displayed courage and per- Ranking Member MILLER. I would also like to ditional role as auditor.'' I do not agree with severance in the tireless pursuit of excellence. thank Congressman HANSEN and my col- his view. Instead, S. 1198 requires GAO to She has competed on the world's biggest league Mr. SKEEN for allowing this clean bill to prepare an independent evaluation or analysis track and given her all to fulfill her Olympic come to the House floor. I know that the des- of agency regulatory proposals. Evaluation is dream. She has made us proud. ignation of the Camino Real de Tierra not equivalent to auditing; evaluation requires f Adentro, as a part of the National Historic a thorough analysis, e.g., consideration of less Trails System, will benefit a great many peo- costly or non-regulatory alternatives not pre- VETERANS’ ORAL HISTORY ple. sented in an agency's documents. Second, PROJECT ACT I hope my colleagues will support me in the UCINICH Mr. K stated, `Furthermore, [the bill] SPEECH OF passage of this legislation. would not require the agency to conduct any f new analysis.' GAO's independent evaluation HON. ROBIN HAYES S. 1198: THE TRUTH IN should lead agencies to prepare missing cost/ OF NORTH CAROLINA REGULATING ACT benefit, small business impact, federalism im- IN THE HOUSE OF REPRESENTATIVES pact, or any other missing analysis. S. 1198 Tuesday, October 3, 2000 HON. DAVID M. McINTOSH does not require an agency to prepare a miss- ing analysis but neither does it preclude an Mr. HAYES. Mr. Speaker, I rise in support OF INDIANA of the legislation offered by the gentleman IN THE HOUSE OF REPRESENTATIVES agency from doing so. f from Wisconsin, the Veterans' Oral History Wednesday, October 4, 2000 Project, because it encompasses American Mr. McINTOSH. Mr. Speaker, I applaud the A TRIBUTE TO LIBBIE HICKMAN pride and patriotism. Our veterans are the he- House's passage yesterday of S. 1198, the roes who helped preserve our American herit- Truth in Regulating Act of 2000. This bipar- HON. BOB SCHAFFER age. They are living evidence that freedom is tisan, good government bill establishes within OF COLORADO never free, and they carry the honor of hun- the Legislative Branch a much needed regu- IN THE HOUSE OF REPRESENTATIVES dreds of thousands who breathed their last breath on the field of battle. latory analysis function. This function is in- Wednesday, October 4, 2000 tended to enhance congressional responsibility Some months ago, I introduced legislation for regulatory decisions developed under the Mr. SCHAFFER. Mr. Speaker, today I rise to recognize the American G.I. as the most in- laws Congress enacts. to recognize a dedicated Olympian from my fluential figure of the 20th century. I was proud I want to especially thank Small Business district who is an inspiration to all athletes. that my legislation passed this House unani- Subcommittee Chairwoman on Regulatory Re- Libbie Hickman, a resident of Fort Collins, Col- mously, and I believe the legislation we de- form and Paperwork Reduction SUE KELLY for orado, recently earned the proud distinction of bate this evening is critical to our effort to rec- her initiation of this concept and her tenacious representing our great nation at the 27th ognize and preserve a record of the sacrifices determination over a several year period to Olympic Summer Games in Sydney, Australia. of every man and woman who served our Na- reach yesterday's successful result. Since Libbie was the fastest American runner in the tion. The importance of documenting the per- 1998, the House Government Reform Sub- qualifying race held Wednesday, September sonal accounts of our country's veterans can- committee on National Economic Growth, Nat- 27th, recording a time of thirty-two minutes not be understated. For generations, American ural Resources, and Regulatory Affairs, which and fifty-nine seconds. This qualifying time en- troops have served to ensure freedom and de- I chair, held two hearings and issued two abled Ms. Hickman to race in last Saturday's mocracy in all corners of the world. Their con- House Reports (H. Rept. 105±441, Part 2 and finals where she valiantly represented our na- tributions are woven not only into the history H. Rept. 106±772) in support of a Congres- tion in its quest for gold. of a grateful nation but also the history of a sional office of regulatory analysis. A graduate of Colorado State University, peaceful world. Yesterday, during the floor debate on S. Libbie Hickman has always dreamed of Over the course of the last few months, I 1198, Vice Chairman PAUL RYAN expressed achieving Olympic glory. She first started run- have asked veterans throughout my district, Congressional intent for this bill and presented ning at the age of eight, racing against her the 8th District of North Carolina, to share with the multi-year House legislative history. I want brothers in the front yard as her father timed me their wartime experiences. Their response to emphasize three points which Mr. RYAN them with his stopwatch. Libbie became seri- has been amazing. Every American should made. Also, I want to express my differing ous about her running career during her senior have the opportunity to read the brave ac- view about two statements made by Sub- year of college, changing her specialty from counts of veterans like James Holt, James committee Ranking Member DENNIS KUCINICH. the 1,500 meter race to the 3,000 meter race. Wells, and Willie MondayÐto name just a few. First, I agree with Mr. RYAN about the im- However, it wasn't until four years later, in Crew Chief Holt recounts his WWII missions portance of the General Accounting Office's 1991, that Libbie Hickman truly made her and America's contribution in defeating Hitler.

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A04OC8.007 pfrm04 PsN: E04PT1 E1672 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2000 Similarly, Mrs. Shuping writes on behalf of her TRIBUTE TO PRISCILLA HILLGREN Since 1980, freight railroad traffic has in- father, James Archie Wells, who fought to lib- creased 47 percent and the number of airports erate Okinawa, and Captain Monday recalls HON. MARION BERRY has increased 20 percent. his reconnaissance missions over the Phil- OF ARKANSAS Explosive transportation growth has led to ippines. This, Mr. Speaker, is the best of IN THE HOUSE OF REPRESENTATIVES inefficient movement of people and goods, re- American historyÐand there is an abundance duced productivity, wasted energy, and in- Wednesday, October 4, 2000 of it. That's why this legislation is so very im- creased congestion and emissions. A recent portant. The memory of those we lost and the Mr. BERRY. Mr. Speaker, I rise today to study conducted by the Texas Transportation sacrifice of those who lived to tell the tale pay tribute to a great American, and I am Institute found that in 1982, ten of the 70 must be preserved and held in high esteem by proud to recognize Priscilla A. Hillgren in the urban areas studied had unacceptable levels a Congress and a country that extends our Congress for her invaluable contributions and of congestion, but by 1996, that number had veterans its utmost respect and heartfelt grati- service to our nation. almost quadrupled, to 39 areas. Priscilla Hillgren distinguished herself As the number of cars, trucks, freight trains tude. through her devotion to her family, friends, and planes grows and America's transpor- I commend my colleague from Wisconsin for and community. She was born in Beresford, tation network expands, the need for fuel in- his initiative on this issue and urge my col- South Dakota on June 26th, 1904, the daugh- creases. In 1997, the volume of imported oil leagues support for this worthy legislation. ter of a Lutheran minister. Her family instilled exceeded domestic production for the first in her the value of an education, and she and time in U.S. history. Our thirst for oil is fueled f her sisters attended college, which she inter- by the transportation sector, which uses over rupted twice to teach in a country school. 65 percent of the petroleum consumed in the IN HONOR OF ABBOT ROGER W. One of the happiest days of her life surely United States. GRIES must have been June 26th, 1929, when she Our transportation system is over 90 per- married Ralph O. Hillgren, who was city editor cent dependent on oilÐand that's too much of the Argus Leader in Sioux Falls, South Da- when over 50 percent our nation's oil comes HON. DENNIS J. KUCINICH kota. Many more happy days followed, thanks from overseas and the price has almost quad- rupled in 18 months. Powering our cars and OF OHIO to the births of her son John, her daughters Annette Bray and Sonja Hillgren Hill, two buses with alternative fuel is an environ- IN THE HOUSE OF REPRESENTATIVES grandchildren, five great-grandchildren, three mentally sound way to reduce our depend- ence on foreign oilÐand it's good for the Wednesday, October 4, 2000 step grandchildren, and three step great- grandchildren. economy, too, because alternative fuels can Mr. KUCINICH. Mr. Speaker, I rise today to Priscilla Hillgren is probably best-known for be produced here at home. recognize Abbot Roger W. Gries who has her work with mentally handicapped children Alternative fuels, such as electricity, natural been named ``Catholic Man of the Year'' by at three Sioux Falls private schools from 1958 gas, methanol, hydrogen and propane, provide the Greater Cleveland Knights of Columbus to 1972. Her generosity and hard work a plentiful, domestically produced and environ- mentally friendly source of energy. And, when Luncheon Club. touched many families in that area, and her legacy will inspire those who continue to pro- integrated into America's transportation net- This is certainly a well-deserved title for vide these important services. workÐin meaningful quantitiesÐalternatively Abbot Gries, a native Clevelander who has She also was active in the American Asso- fueled vehicles (AFVs) contribute to mitigating devoted most of his life to education, his faith ciation of University Women, with membership the energy and environmental problems and the Catholic Church. He professed his in two AAUW book groups, and was honored caused by the transportation sector. vows as a Benedictine monk more than 40 by AAUW as a Named Gift Recipient in 1977. In addition, to alternative fuels, the imple- years ago and was ordained to the priesthood Moreover, Priscilla was president of the mentation of intermodal transportation net- in 1963. Throughout his many years of dedi- Augustana College Auxiliary, and a member of works is another component to alleviating cated service to Benedictine High School, the Civic Fine Arts Center and the American America's transportation problems. Intermod- Abbot Gries has held a number of different Legion Auxiliary, among other organizations. alism refers to interconnections among various posts. He started out teaching mathematics, Sadly, Priscilla Hillgren passed away last modes of transportation, or the use of multiple but his extraordinary skill as an educator was month. Her congregation at the First Lutheran modes of transportation during a single trip. soon recognized as he was named Assistant Church, where she was a Sunday School Employing the concept of intermodalism offers Principal in 1965 and Principal in 1968. teacher for 26 years, will miss her greatly, as the promise of lowering transportation costs, will her family and friends. increasing economic productivity and effi- Abbot Gries continued his successful reign I am among this group, and on behalf of the ciency, reducing the burden on existing infra- as Principal at Benedictine until 1977, when Congress I extend my deepest sympathies to structure, while at the same time reducing en- he was appointed Prior of St. Andrew Abbey, her family, even as I encourage them to join ergy consumption and improving air quality the second superior of the monastery. Be- me in celebrating her extraordinary life. and the environment. cause of his outstanding work as Prior, his fel- f In an attempt to address the energy and en- low monks elected him the fourth abbot of St. vironmental concerns that an ``over-stressed'' Andrew Abbey on June 9, 1981, a position INTRODUCTION OF THE ALTER- transportation network has created, Congress that he holds to this day. In addition to his NATIVE FUEL VEHICLES INTER- passed several pieces of legislation. The commitment to St. Andrew Abbey, Abbot Gries MODAL TRANSPORTATION ACT Clean Air Act Amendments of 1990, estab- is also President of Benedictine High School. lished programs and regulations directed at At this time, he is overseeing the implementa- HON. SHERWOOD L. BOEHLERT the mobile sector to decrease major auto- tion of the Master Plan currently underway at OF NEW YORK motive pollutants that are the key contributors the Abbey and high school in the Buckeye- IN THE HOUSE OF REPRESENTATIVES to urban smog, or ozone. Today, however, Woodland community. nearly 100 cities throughout the United States Wednesday, October 4, 2000 Aside from his prominent role as an educa- continue to fail to meet federal air quality tor and abbot of St. Andrew Abbey, Abbot Mr. BOEHLERT. Mr. Speaker, transportation guidelines. In 1991, Congress also recognized the im- Gries also served at the Holy Family Parish in is vital to the social and economic health of our nation. During the past twenty years, how- pact and sought to mitigate some of the prob- Parma, OH on weekends for 18 years and ever, transportation systems have struggled to lems associated with the growing number of previously acted as the chaplain of the Maple keep pace with America's growing and chang- cars, trucks, freight trains and planes in the Heights Knights of Columbus. He continues ing needs. For example, between 1970 and United States when it enacted the Intermodal his active association with the Alhambra. 1990, the U.S. automobile population grew al- Surface Transportation Efficiency Act (ISTEA). Mr. Speaker, I ask my fellow colleagues to most three times faster than the human popu- ISTEA established the National Commission join me in honoring Abbot Roger W. Gries. lation. In fact, in 1995 Americans averaged on Intermodal Transportation and tasked it This remarkable man reminds us all of the im- about 4.3 one-way trips per day and about with conducting a complete study of inter- portance of faith, community, and vol- 14,000 miles per yearÐup from 2.9 trips and modal transportation in the US. ISTEA also unteerism. We are truly lucky to have him in 9,500 miles in 1977. Other forms of transpor- established the Congestion Mitigation and Air Cleveland. tation have seen dramatic growth as well. Quality Improvement (CMAQ) Program which

VerDate 112000 04:15 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A04OC8.010 pfrm04 PsN: E04PT1 October 4, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1673 provides federal funding for innovative trans- or new intermodal systems that increase the tinue at the provincial level where various gov- portation projects designed to assist States in use of alternative fuels. ernment ``gatekeepers'' review the ``thera- meeting their transportation/air quality plans. How could this legislation impact your com- peutic value'' of prescription drugs before they The CMAQ program cuts across traditional munity? Imagine a linked transportation sys- are included in the formulary. The length of boundaries and includes projects dealing with tem where commuters use electric station cars the delays varies widely. The government offi- transit and highways, as well as non-traditional or ``neighborhood electric vehicles'' to reach cials in Nova Scotia approve drugs for its for- areas, such as vehicle emission inspections an electrified commuter train or a natural gas mulary in 250 days, while the wait in Ontario and maintenance. Although inroads have been powered bus, which would then deliver them is nearly 500 days. made, and intermodal transportation systems to the urban center. And once in the urban Canadian patients are often forced to use have been applied in the movement of goods, center, the same people might transfer to a the medicines selected by the government large-scale intermodal systems have yet to be propane-powered shuttle bus or fuel cell bus solely for cost reasons. Patients who would re- meaningfully applied to the movement of peo- for the last leg of their trip to the office, the spond better to the second, third, or fourth ple. shopping district or the doctor. drug developed for a specific condition are Finally, in 1992, Congress enacted the En- Another travel scenario that releases near often denied the preferred drug, and are stuck ergy Policy Act (EPAct) which recognized that zero-emissions while improving the quality of a with the government-approved ``one size fits alternative fuels and alternative fuel vehicles trip might involve the business traveler who ar- all'' drug. (AFVs) can provide substantial environmental rives in a city by plane, transfers to a light rail I urge my Colleagues to read this article and benefits and at the same time can decrease system that deposits her in the urban center keep in mind that while prescription drugs ap- our dependence on foreign oil. EPAct included where she checks-out an electric ``station car'' pear to cost less in Canada than in the United a modest set of tax incentives intended to to travel to meetings in three different loca- States, there is a costly price associated with support the development and introduction of tions. Upon concluding business, she returns the Canadian system that ultimately translates AFVs to the market. to the light-rail station, plugs in the rented sta- into a lack of quality care for patients. Today I am introducing legislation that tion car for the next driver, hops on the light [From the National Journal’s Congress builds on the very important work that has rail and returns to the airport. This business Daily, Oct. 2, 2000] been done as a result of these landmark bills traveler has left no environmental footprint PRESCRIPTION DRUG COSTS: HAS CANADA that have focused our efforts on dealing with during her visit to your community. FOUND THE ANSWER? transportation, congestion, air quality and en- Enhance the environmentÐrelieve traffic (By William McArthur, M.D.) ergy security issues holistically, rather than as congestionÐincrease alternative fuel useÐef- Some Americans faced with the rising separate non-connected issues. I believe, firm- fectively demonstrate viable and sustainable costs of prescription drugs look longingly at ly, that we must look to address many of the alternative fuel vehicles and their inter- Canada, where prescription drugs appear to problems created by a growing transportation connected use in transportation networksÐ cost less than in the United States. The fact system and the need to ensure and indeed bring together all levels of government and in- is that, while some drugs do cost less in Can- enhance mobility as a single issue, a single ada, others don’t. Furthermore, many drugs dustry as partners in this effortÐand educate are not available at any cost in Canada. The goal. The ``Alternative Fuel Vehicles Inter- the public that alternative fuel technologies effect of Canadian policies is to restrict the modal Transportation Act'' provides funding for work . . . these are the goals of the Alter- overall availability of prescription drugs a $200 million federal pilot program to dem- native Fuel Vehicles Intermodal Transportation through a combination of a lengthy drug ap- onstrate the use of alternative fuel vehicles in Act. The price tag for reaching these goals is proval process and oppressive price controls. intermodal applications. Importantly, the goals relatively modest; the price for not supporting First of all, Canada’s federal drug approval of the program will be accomplished through this type of paradigm shift in the way we move process takes much longer than that of the partnerships between Federal, State and local people and goods is incalculable. And it is a U.S., resulting in delayed access for Cana- dians to new drugs. For example, Canadian governments, metropolitan transportation au- price that will be paid not just with dollars, but acceptance of the drug Viagra came a whole thorities, industry and business. This legisla- with our natural resources, our air, and the year after it had been available in the U.S. tion would help urban centers develop and quality of life for generations to come. I hope For 12 months Canadians who needed Viagra, demonstrate effective, alternative fuel trans- many of my colleagues will recognize the or another of the many drugs delayed or de- portation networks to move people. value and importance of this innovative pro- nied approval, had to go to the U.S. to get By combining intermodal transportation sys- gram and will support this important legisla- their medication. tems with alternative fuels, the United States tion. Even if a drug wins federal approval, it can build transportation networks that effi- faces 10 more hurdles to become widely ac- f cessible—the 10 provinces. Each province has ciently and cleanly transport passengers and PRESCRIPTION DRUGS a review committee that must approve the goods. drug for reimbursement under the public In the long run, alternative fuel vehicles will healthcare system. For example, in British obviously have to succeed in the marketplace HON. PHILIP M. CRANE Columbia, neither the new anti-arthritic entirely on their own. But the federal govern- OF ILLINOIS drugs Celebrex and Vioxx, nor the Alz- ment should be doing more to encourage the IN THE HOUSE OF REPRESENTATIVES heimer’s treatment Aricept, have been ap- development and deployment of alternative proved for reimbursement, severely limiting vehicles because there are clear public bene- Wednesday, October 4, 2000 their availability. Further, the provincial fits and the technology will develop too slowly Mr. CRANE. Mr. Speaker, as the Congress approval times vary greatly from province to province, creating further inequities. without incentives. In addition, public entities continues to debate the question on how to Price controls imposed by a government are the main purchasers of buses so the gov- provide seniors with affordable prescription agency, the Patented Medicines Price Re- ernment is the market in that area. drugs, I wanted to bring to my colleagues at- view Board (PMPRB), are the reason some What will this legislation achieve? The pro- tention the article ``Prescription Drug Costs: prescription drugs cost less in Canada than posed pilot program would assist up to 15 lo- Has Canada Found the Answer?'' by William in the United States. However, while keeping cations throughout the United States to put in McArthur, M.D. Dr. McArthur is a palliative some prescription drug prices down through place clean, innovative, linked transportation care physician, writer and health policy analyst price controls, Canada has been unable to systems that reduce dependence on foreign in Vancouver B.C. Some of our colleagues control overall drug spending. OECD statis- tics reveal that when the PMPRB was cre- oil, increase reliance on alternative fuels, en- have been touting the affordability of prescrip- ated in 1988, per capita expenditure on pre- hance the usefulness of public transportation tion drugs in Canada and in some cases scription drugs was $106; by 1996 that had systems, protect the environment, and speed sponsoring bus trips for seniors across the doubled to $211 per person. One study of the deployment of alternative fuel tech- border to obtain these drugs. We should be international drug price comparisons by nologies. Participants in the program would be skeptical of this approach because, in reality, Prof. Patricia Danzon of the Wharton School required to match federal dollars with an equal the Canadian government drug mandates of the University of Pennsylvania concluded contribution from State and local governments harm patients and increase the costs in other that, on the average, drug prices in Canada and the private sector. Projects would be sectors of the health care system. were higher than those in the United States. Some individual drugs, particularly generics, awarded to applicants that meet criteria includ- The Canadian bureaucracies cause signifi- cost far more in Canada. For example, the ing: the number of riders served or goods cant delays in access to new and innovative anti-hypertensive drug atenolol is four times transported; the ability to achieve national, drugs. First, at the federal level, Canadians more expensive in Canada than in the United state or local air quality goals; and the deploy- wait up to a year longer than Americans do for States. And a University of Toronto study ment of innovative transportation technologies approval of new drugs. Then the delays con- found that the main effect of price controls

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A04OC8.014 pfrm04 PsN: E04PT1 E1674 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2000 on prescription drugs was to limit patients’ scholarships for low-income and disadvan- House—the one that opened in Philadelphia access to newer medicines so that they had taged students. It is also used to improve K± in 1974. We now have more than 200 Houses to rely more on hospitals and surgery. 12 math and science education and for job around the world in 18 countries. All provinces require that chemically iden- As the network of Ronald McDonald tical and cheaper generic drugs be sub- training. Houses grows, so does our role as a Charity. stituted for more expensive brand-name While this funding helps, I have joined many To date, through our global organization and drugs when they are available. However, of my colleagues in pressing for more. I am a more than 160 local Chapters in 32 countries, British Columbia has gone farther with a cosponsor of the Dreier-Lofgren bill that raises we’ve awarded more than 225 million dollars ‘‘reference price system.’’ Under this system, the cap on H±1B visas and doubles the appli- in grants. In addition, we receive the dona- the government can require that a patient cation fee to $1000. I am hopeful we can tion of time from an army of well over 25,000 receiving a drug subsidy be treated with volunteers worldwide. adopt that increase before we adjourn and Volunteers like you. People who effect whichever costs the least: (a) a generic sub- thereby do even more to meet our nation's stitute, (b) a drug with similar but not iden- positive change. Which brings me back to tical active ingredients or (c) a completely educational needs. why we are all here. Leukemia is the number different compound deemed to have the same Many companies in my state are working one disease that kills our children. Think therapeutic effect. Patients are often forced independently of the government to help as about that—the number one disease. How- to switch medicines, sometimes in mid- well. Intel makes its micro-chips in Oregon. In ever, there is hope: Because of efforts like treatment, when the reference price system 1998, it contributed $63 million to higher edu- yours tonight, and the efforts of others like mandates a change. Twenty-seven percent of cation and $29 million to K±12 education. In you, there’s been enough funding to sustain ongoing research, research that has tripled physicians in British Columbia report that an effort to encourage high school students to they have had to admit patients to the emer- the leukemia survival rate in the last 39 enter science and engineering career field years. That is an astonishing accomplish- gency room or hospital as a result of the tracks, companies like Electro Scientific Indus- mandated switching of medicines. Sixty- ment. And you, members and volunteers of eight percent report confusion or uncer- tries have partnered with local school districts the Leukemia & Lymphoma Society, should tainty by cardiovascular or hypertension pa- and opened their doors to students, teachers be proud to be a part of that. I’d like to thank the McDonald’s region in tients, and 60 percent have seen patients’ and parents to talk to young engineers about Washington and Baltimore and all its conditions worsen or their symptoms accel- career decisions and options. McDonald’s franchisees for supporting and erate due to mandated switching. Together, we can reverse the shortage by Through limiting the availability of pre- participating in tonight’s ‘‘Light the Night’’ improving our educational system. In the short Walk with us. I’d also like to thank the Leu- scription drugs and controlling the prices of term, increasing visa numbers is not a bad those that are available, Canada has suc- kemia & Lymphoma Society for all your ter- ceeded only in preventing Canadians from thing. Each new wave of immigrants adds to rific work in organizing this event. And fi- obtaining drugs that might have reduced the diversity and character of our commu- nally, to those of you who have come out hospital stays and expensive medical proce- nities. This diversity has given us the strength here tonight, donned your walking shoes and dures. The end result of this is that Cana- to grow in times of prosperity and survive in have collected thousands and thousands of dians are getting a lower standard of health dollars, a very special, heartfelt thank you. times of trouble. H±1B visa holders add to our I feel truly honored to be in your company. care at a higher cost than patients and tax- strong economy. payers have a right to expect. f f One lesson that Americans should learn from the Canadian experience is that when RECOGNITION OF THE ‘‘LIGHT THE RECOGNITION OF LAWSUIT ABUSE government pays for drugs, government con- NIGHT’’ WALK AWARENESS WEEK: SEPTEMBER trols the supply. As soon as government has 18–22, 2000 to pay the bill, efforts are made to restrict the availability of newer and more effective HON. DEBORAH PRYCE HON. ROBERT L. EHRLICH, JR. drugs. The inevitable result is that other OF OHIO OF MARYLAND health expenditures like surgery and emer- IN THE HOUSE OF REPRESENTATIVES gency visits increase, and patients suffer. IN THE HOUSE OF REPRESENTATIVES Wednesday, October 4, 2000 f Wednesday, October 4, 2000 Ms. PRYCE of Ohio. Mr. Speaker, my col- Mr. EHRLICH. Mr. Speaker, I rise to ac- AMERICAN COMPETITIVENESS IN leagues to will be interested in the following knowledge a group of citizens in my district THE TWENTY-FIRST CENTURY comments made by Mr. Ken Barun, President working hard to address an issue affecting ACT OF 2000 and CEO of Ronald McDonald House Char- every citizen of our state: Lawsuit Abuse. ities on the ``Light the Night'' walk held on Throughout my district, and all over the SPEECH OF September 21, 2000, that raised funds for the greater Baltimore area, local citizens are vol- HON. EARL BLUMENAUER Leukemia and Lymphoma Society. I submit unteering their time and energy to inform the OF OREGON Mr. Barun's remarks for the RECORD: public about the costs and problems stemming IN THE HOUSE OF REPRESENTATIVES You, the ‘‘Light the Night’’ walkers— from the excessive numbers and types of law- teams and individuals—are the ones truly suits filed in today's litigious society. The men Tuesday, October 3, 2000 making a difference tonight. Through your and women of the Baltimore Regional Citizens Mr. BLUMENAUER. Mr. Speaker, expand- participation in events such as this, the Leu- Against Lawsuit Abuse, otherwise known as ing the number of H±1B visas for foreign kemia & Lymphona Society continues to BRCALA, have a simple goalÐto create a workers is critical to the well being of Oregon's raise funds and combat cancers that have touched so many of us—our families, our greater public awareness of abuses of our civil high-tech community. Given the strong econ- friends—those whom we know or had the justice system. This type of citizen activism omy, record low unemployment, and declining pleasure of once knowing. has had a positive impact on perceptions and graduation rates in high-tech education fields, I think it’s fate that the Leukemia & attitudes toward abuses of our legal system, a that industry is facing a critical shortage of Lymphoma Society and Ronald McDonald problem most folks do not stop to consider highly educated workers. In Oregon, for exam- House Charities have come together for this during their daily routine. ple, we have openings for 800 software engi- wonderful fundraiser. Both organizations While the overall mission of Baltimore Re- neers and are currently unable to fill them. care deeply about children and their fami- gional Citizens Against Lawsuit Abuse is to Our education system is not producing the lies; both provide comfort and care when curb lawsuit abuse, the organization's efforts needed; and both want to see an end to this needed skilled workers for the high-tech indus- terrible disease called cancer. focus on education. Every time these dedi- try. The H±1B visa program helps fill the void, To give you a brief background about Ron- cated Marylanders speak out against lawsuit but that's not all it does. The legislation we ald McDonald House Charities, our mission abuse, ordinary citizens are educated on the adopted last night helps develop our own is to improve the health and wellness of chil- statewide and nationwide consequences our workforce. dren around the world. It is a mission that legal system has on our daily lives. The costs The bill keeps the current $500 application began with the care and compassion of dedi- of lawsuit abuse include higher prices for con- fee that employers pay for new H±1B visa cated people who, like McDonald’s Corpora- sumer products, higher medical expenses, holders, which produces $75 million in rev- tion founder, Ray Kroc, dared to dream. higher taxes, higher insurance rates, and lost Ray once dreamed of having a thousand enue each year. Less than two percent of the McDonald’s restaurants in the U.S. We now business expansion and product development. fees is for administrative expenses and the have more than 25,000 restaurants in 119 As a former member of the Maryland Gen- rest is used to enhance our educational sys- countries. Similarly, the people who started eral Assembly, I worked hard to reform our tem. This funding provides math, science, en- Ronald McDonald House Charities, had the legal system at the state level. During my ten- gineering, and technology post-secondary dream of having just one Ronald McDonald ure in Congress, I have supported efforts with

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A04OC8.016 pfrm04 PsN: E04PT1 October 4, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1675 respect to product liability reform, securities gargantuan effort required to deal with mas- gram for youth; and developed a job training litigation reform, and reform of the federal sive creditor claims against the Penn Central and placement center for young mothers, Superfund program. More importantly, I spon- estate, while at the same time helping to fash- among other activities. sored legislation that has helped reduce frivo- ion Conrail as the federally created successor I wish to thank Tracy and the numerous in- lous class action lawsuits brought against to the various bankrupt Northeastern freight dividuals with whom he works for their tireless mortgage brokers. railroads. Bob handled these daunting tasks efforts to make our communities safer. This year, I voted to support H.R. 1875, the with characteristic acumen and aplomb. Even- f Interstate Class Action Jurisdiction Act. This tually, thanks to the groundwork laid during NATIONAL DAY OF THE REPUBLIC legislation recognizes that many class action Bob's tenure with the Penn Central, Conrail OF CHINA lawsuits do little to help consumers, but allow became a thriving railroad that was fully personal injury lawyers to collect millions of privatized in 1987 and was recently purchased dollars in legal fees. H.R. 1875 is an important by Norfolk Southern and CSX. HON. GARY L. ACKERMAN step in helping reform a legal system that has When Ronald Reagan took office in 1981, OF NEW YORK been abused time and time again. Bob was named Federal Railroad Adminis- IN THE HOUSE OF REPRESENTATIVES Legal reform is a complex issue. The legal trator. This was an era of massive and long Wednesday, October 4, 2000 system must function to provide justice to overdue change, when the entire freight rail- Mr. ACKERMAN. Mr. Speaker, as the Re- every American. This does not mean, how- road industry was being transformed and re- public of China's 89th National Day ap- ever, that the status quo is perfect. When law- habilitated through the deregulation of the proaches, I wish to congratulate President suits and the courts are used in excess or to Staggers Rail Act. Bob was at the center of ef- Chen Shui-bian and the people of Taiwan for the detriment of innocent parties, the system forts to modernize all federal policies affecting their continuing economic success and polit- must be reviewed and reformed. the rail transport system. ical reforms. Let me acknowledge the BRCALA board of In 1983, Bob returned to private law prac- On this festive occasion, it is my hope that directors for giving of their valuable time and tice, representing the French high-speed rail Taiwan and the Chinese mainland will soon energy: the Honorable Phillip Bissett, BRCALA enterprise, TGV. Later, from 1990 to 1997, he begin a serious dialogue on reunification chairman; Joseph Brown, Jr.; Dr. William How- served as general counsel to the Association issues. The time is approaching for both sides ard; Gary O. Prince; the Honorable Joseph of American Railroads. to work out their differences and find a way to Sachs; and the Honorable Michael WagnerÐ Those who worked in or with the railroad in- co-exist without antagonism. I am certain the directors and supporters dedicated to dustry can attest to Bob's razor-sharp mind people on Taiwan look forward to the day BRCALA; and Nancy Hill, BRCALA executive and analytical skills. He was able easily to when they will be able to celebrate October director. grasp the most complex issues, and equally 10th without the fear of a bellicose neighbor Mr. Speaker, the Baltimore Regional Citi- important, to fashion sensible proposals for threatening not only their political freedom, but zens Against Lawsuit Abuse has declared addressing those issues. Without exception, also their very lives. September 18 through September 22, 2000, Bob was the consummate gentleman, and a I also would like to take this opportunity to as ``Lawsuit Abuse Awareness Week'' in Mary- constant source of dry wit and good humor. extend my heartfelt congratulations and best land. He never shrank from discussing and dis- wishes to Ambassador C.J. Chen, who re- I want to commend every person involved in secting the rail transport policy issues of the cently returned to Washington after several this worthwhile effort for their dedication and day, on or off Capitol Hill. years in Taipei. A distinguished diplomat, Am- commitment. Throughout his professional career, Bob re- bassador Chen is now Taiwan's chief rep- f mained intensely proud of his French heritage, resentative in the United States. Ambassador and an unapologetic Francophile, always Chen is an industrious and experienced dip- A TRIBUTE TO HON. ROBERT W. ready to discuss French culture, cuisine, and BLANCHETTE lomat who has worked diligently for many of course, wine. He was truly un homme years to strengthen ties between the United extraordinaire, and will be sorely missed by all States and the people of Taiwan. HON. BUD SHUSTER who had the good fortune to know him. Mr. Speaker, Taiwan has become a beacon OF PENNSYLVANIA f of democracy in an area of the world which IN THE HOUSE OF REPRESENTATIVES MR. TRACY JOHNSON HONORED has known authoritarianism for centuries. The Wednesday, October 4, 2000 WITH NATIONAL CRIME PREVEN- upcoming celebration of National Day in the Republic of China is a timely reminder of the Mr. SHUSTER. Mr. Speaker, I rise to pay TION AWARD importance of our friendship and support for tribute to one of the true leaders in the renais- Taiwan. sance of America's rail transportation system. HON. DONALD A. MANZULLO f Robert Blanchette, who died last week, was OF ILLINOIS literally present at the creation when our pri- IN THE HOUSE OF REPRESENTATIVES AMERICAN COMPETITIVENESS IN vate-sector railroads suffered financial col- THE TWENTY-FIRST CENTURY Wednesday, October 4, 2000 lapse in the 1970s, and then returned to finan- ACT OF 2000 cial stability after 1980. Mr. MANZULLO. Mr. Speaker, I rise today After graduation from Yale Law School and to pay tribute to Mr. Tracy Johnson of Free- SPEECH OF service as an Air Force legal officer, Mr. port, Illinois, a town in the congressional dis- HON. PATRICK J. KENNEDY Blanchette began his legal career in rail- trict I am privileged to represent. Tracy is a OF RHODE ISLAND roading as the general counsel of the New modern-day hero who works tirelessly to pre- IN THE HOUSE OF REPRESENTATIVES Haven Railroad in the late 1960s. While serv- vent crime in northern Illinois. ing in that post, he also became executive di- On September 29, 2000, Tracy joined seven Tuesday, October 3, 2000 rector of the America's Sound Transportation other citizen crime fighters from around the Mr. KENNEDY of Rhode Island. Mr. Speak- Review program, one of the first modern ef- country to receive the SBC Communications er, in 1998, Congress passed legislation to forts to analyze the ills of the transport system Award of Excellence in Crime Prevention. Na- raise the H±1B caps to 115,000 visas per and recommend needed changes. tionally recognized comedian Joe Piscopo pre- year. That legislation included important provi- Bob's next major post was counsel to the sented the award during the ``2000 National sions to ensure that American workers would bankruptcy trustee of the Penn Central Rail- Conference on Preventing Crime'' in Wash- not be displaced by those holding H±1B visas. road, which entered bankruptcy in 1970 and ington, DC. This year's eight winners, selected This included requirements for employers to collapsed in 1973. At the time, Penn Central from nominations across the country, have all file applications with the Department of Labor was the largest corporate bankruptcy in U.S. made major impacts in their communities with showing that they will pay the H±1B worker history. Based on his outstanding performance their innovative crime prevention strategies. the ``required wage rate'' and that a strike or as counsel, Bob was later installed first as Tracy received this special honor because lockout was not occuring at the job site. bankruptcy trustee, then chairman of the he helped spearhead the Coalition for a Safe Unfortunately, that legislation was not board, and chief executive officer. Community, a comprehensive partnership of enough and already the 115,000 H±1B visa As one who arrived in Congress in the midst organizations and people planning and acting limit for Fiscal Year 2000 has been reached. of what became known as ``the wreck of the to prevent crime throughout Freeport; started Tuesday, the Senate passed S. 2045 to in- Penn Central,'' I can personally attest to the an education and action crime prevention pro- crease the H±1B cap to 195,000 through 2003

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A04OC8.019 pfrm04 PsN: E04PT1 E1676 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2000 and included several important worker training said. . . .’’ U.S. May Try to Curb Diamond death in Africa.’’ ABC World News Tonight, and education provisions. It is now time for the Trade That Fuels Africa Wars, New York 11/26/99. House to pass this bill as well. Times, 8/7/99. ‘‘In an African tragedy, the world’s purest ‘‘In many African nations, the natural re- gems are funding one of the diriest wars in This bill includes provisions so that 55% of sources that should be used to feed and edu- history.’’ Diamonds in the Rough, Time, 12/6/99. the H±1B education and training fees go to- cate people are instead being used to destroy ‘‘More than 10,000 people had been mur- ward Department of Labor demonstration pro- them. . . . Loot, not better government, has dered, raped, abductted or maimed by rebels grams and projects to provide training for motivated the psychotically brutal guer- in a campaign of calculated terror. In their workers. Twenty-two percent of the fees will rillas of Sierra Leone.’’ The Business of War vividness sand gratuitous cruelty, the mass go toward low-income scholarships and fifteen in Africa, New York Times, 8/8/99. amputations epitomized the powerlessness of percent of the fees will go toward National ‘‘Sierra Leone was founded in the 18th cen- ordinary Africans a the turn of the millen- tury as a safe haven for freed slaves. At the nium. They also marked a climactic spasm Science Foundation grants for math, tech- close of the 20th century, its people are en- in a grinding eight-year civil war shaped by nology and science education in primary and during horrors at the hands of their country- familiar patterns. Outsiders exploited Sierra secondary schools. It also provides after- men and bearing scars from a civil war of Leone’s diamonds and other resources. . . . school technology grants to encourage youth atrocities perpetrated by an army of thugs The international media paid little atten- education in these subject areas. and desperadoes.’’ The Amputees of Sierra tion. And the great power stood aside, Earlier this year, I cosponsored ``The Help- Leone: Civil War’s Brutal Legacy, Wash- numbed by Africa’s wars and poverty.’’ Peace ing to Improve Technology Education and ington Post, 10/18/99. Without Justice: The Other War, Washington ‘‘The eight-year conflict that has shattered Achievement Act of 2000'' introduced by Con- Post, 1/9/00. this country and brutalized its 5 million peo- ‘‘Rebel armies in Angola, the Congo, and gresswoman ZOE LOFGREN and Congressman ple has been fueled by foreigners’ hunger for Sierra Leone wage brutal civil wars funded DAVID DREIER. This bill was critical to the de- diamonds. . . . These conflicts are singularly by an extensive, smuggled diamond trade. bate on this issue and I am proud to have brutal, scholars say, because many of their The rebels take control of a diamond mine, worked with those sponsors, as well as with sponsors are outsiders with little motive to falsify a few documents, and then sell the members on both sides of the aisle who have limit destruction.’’ Diamond Hunters Fuel diamonds in the international markets. . . . been dedicated to bringing this bill to the floor. Africa’s Brutal Wars, Washington Post, 10/16/ Rebels in Sierra Leone used their diamond 99. money, funneled through dealers in Liberia, I recognize the enormous difficulties that the ‘‘. . . a prosthetics specialist for Handicap current worker shortage poses to high tech to build an army that started with just 400 International . . . said he had never seen a volunteers, into a fighting force with more companies. At the same time, however, I want double-arm amputee until he came here. ‘It than 20,000 paid soldiers.’’ Is Your Engagement to insure that we do all that we can to reach was shocking,’ he said. ‘I don’t think you Ring Funding a Civil War?, Shewire, 2/23/00. the best and brightest in America and pro- will find double amputees of the upper limbs ‘‘In many parts of Africa, diamonds don’t viding opportunity for and training to American anywhere else in the world—maybe isolated mean glamour, purity or eternal love. In- workers as well. Today's bill is attentive to cases, but not like in Sierra Leone.’ In the stead, they mean slaughter and sadistic bru- both of these needs. I urge all of my col- Amputee and War Wounded Camp. . . . the tality. In civil wars in Angola, Congo and Si- double amputees are considered the leagues to vote for S. 2045. erra Leone—among the world’s bloodiest yet unluckiest. Those without arms . . . openly most ignored conflicts—guerrilla groups earn f express envy of those with a missing leg, who hundreds of millions of dollars annually from will one day wear trousers over an artificial mining and exporting diamonds. They use PASS THE CARAT ACT: H.R. 5147 leg, or those with at least one good arm. . . . the money to buy huge arsenals and ter- a psychologist who treats the amputees, said rorize enormous expanses of countryside.’’ HON. TONY P. HALL the Revolutionary United Front appeared to Glittering Currency of African Warfare, San have selected men whose maiming would Francisco Chronicle, 3/6//00. OF OHIO most profoundly affect the social order. ‘It ‘‘The diamond-financed escalation of war IN THE HOUSE OF REPRESENTATIVES was the goal of the rebels to take away their in Angola in the last decade has cost the Wednesday, October 4, 2000 role as men, fathers and husbands.’’ Sierra lives of about 500,000 people while displacing Leone Measures Terror in Severed Limbs, about four million others, according to Mr. HALL of Ohio. Mr. Speaker, many of us Washington Post, 8/22/99. human rights groups and the United Na- are gravely concerned about the role the trade ‘‘The residents of this camp [for amputees] tions,’’ U.N. Sees Violation of a Diamond Ban in diamonds has in fueling some of the most lost their arms and feet to a rebel force that by Angola Rebels, New York Times, 3/11/00. brutal wars in Africa. Much is made of the fact spread terror among Sierra Leoneans not by ‘‘. . . the glittering stones have become that the number of these diamonds is smallÐ killing but by leaving people . . . as living, agents of slave labor, murder, dismember- between 4 and 15 percent. The reality is that limbless symbols of its savage power. The ment, mass homelessness and wholesale eco- campaign worked.’’ Sierra Leone Measures nomic collapse.’’ New York Times. 4/6/00. blood diamonds account for 30 percent of the Terror in Severed Limbs, Washington Post, 8/22/ ‘‘Sierra Leone remains one of the poorest profits the industry earns. /99. countries, despite its diamond wealth. Or The link between diamonds and war is well- ‘‘That dazzling diamond necklace you buy rather because of it. ‘The diamond mines are documented, and I urge our colleagues to get for that special someone at a swank Fifth central to the conflict in two ways. One, the complete story by requesting a briefing by Avenue jewelry store may be funding the ac- they provide the spoils. Two, providing the U.S. intelligence agencies. In the meantime, I tivities of a canibal gang in Sierra Leone. RUF with the money to continue waging . . . It’s the dark side of the diamond indus- war.’ ’’ A Conflict Rooted in Rebels and Dia- am submitting for the RECORD a selection of try. . . . and the profits—estimated to be $2 monds, Christian Science Monitor, 5/15/00. excerpts from respected publications. This is billion a year—are funneled back to some of ‘‘Clausewitz called war ‘the pursuit for pol- by no means exhaustive, and it omits reports the worst mass killers this century has ever itics by other means.’ But war is just as on the industry's recent efforts to repair its seen. The money is used to buy arms and often a device for the pursuit of business. In damaged reputation. military hardware, and to hire private mer- Sierra Leone, war is caused by diamonds. I hope this selection is useful to the Amer- cenary firms to keep these internal African The limb-chopping rebels of the ican publicÐwhich buys two-thirds of the conflicts raging, according to a recent report Revoluntionary United Front (RUF) started world's diamonds. And I urge my colleagues by the State Department’s Bureau of Intel- out in 1991 as a small band. Then they cap- to review this situation and join in efforts to ligence and Research.’’ Dirty Diamonds, New tured the diamond region, got rich and be- York Post, 11/9/99. came a very big band. . . . They fight not to combat this terrible trade. ‘‘. . . are New York diamond dealers wor- win but to keep hold of the diamond trade.’’ ‘‘The flow of uncut diamonds from rebel- ried about having their glittering product Diamonds are for Killers, Washington Post, held mines to market centers around the follow in the footsteps of the fur coat and la- 5/16/00. world—valued at hundreds of millions of dol- beled parish products? ‘No . . . We’ve weath- ‘‘The international diamond trade needs to lars a year—is keeping rebel armies in An- ered many storms before. We’ll weather this be regulated . . . Better accountability is not gola, Congo and Sierra Leone supplied with one too.’ ’’ Dirty Diamonds, New York Post, 11/ too much to ask of an industry with annual tanks and assault rifles and even uniforms 9/99. retail sales worth $56 billion. Western gov- and beer, American and European officials ‘‘Some of Africa’s worst violence—in An- ernments can carry on financing peace- say.’’ U.S. May Try to Curb Diamond Trade gola, in Congo, in Sierra Leone—where hun- keeping missions while their consumers fi- That Fuels Africa Wars, New York Times, 8/7/ dreds of thousands have died or lost arms nance mayhem.’’ Diamonds are for Killers, 99. and legs: This turmoil has been financed in Washington Post, 5/16/00. ‘‘The brutal war in Sierra Leone, which large part by stolen diamonds that end up in ‘‘Sierra Leone is being ripped apart be- left thousands maimed and mutilated, was jewelry stores around the world. . . . There cause of diamonds. The Revolutionary prolonged by at least 18 months because of is so much money at stake, it won’t be easy United Front, or RUF, the leading rebel the ability of the rebels to quickly trade dia- to stop rebels who have used the beauty and group, controls the country’s richest dia- monds for arms, an Administration official value of diamonds to create misery and mond areas . . . refugees have no hope of

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A04OC8.023 pfrm04 PsN: E04PT1 October 4, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1677 profiting from their hometown’s natural over the border. The RUF smuggles dia- diamond mines on the continent, using the wealth so long as the RUF remains there. ‘I monds into neighboring Liberia, where Presi- proceeds to buy guns and machetes. Their in- am living like this all because of diamonds,’ dent Charles Taylor (who helped launch the volvement in the international diamond [a refugee] said, surveying a crush of human- RUF) is, according to the British, swapping trade has given birth to a new gemstone: the ity at the camp’s food distribution center.’’ them for weapons and ammunition.’’ Sierra blood diamond.’’ A Rebel’s Best Friend, Wash- A War Driven by Diamonds, Los Angeles Leone: Staying On, The Economist, 6/17/00 ington Times, 7/23/00. Times, 5/26/00. ‘‘Many rebel leaders inciting civil conflict ‘‘Consumers have begun to ask where their ‘‘That a criminal economy can eat away at are really more interested in lucrative com- diamonds come from, prodding the industry the heart of states and whole nations is modities such as diamonds, drugs, timber to start certifying that it does not finance nothing new. But recent events in Lierra and coffee than in the political grievances civil wars, merchants said. . . . The diamond Leone have shown that it can also divert to they espouse, the World Bank says in a re- merchants say they are working under pres- its own advantage an entire peacekeeping port release last week...When the main griev- sure from their customers.’’ Diamond Indus- operation run by the United Nations and sup- ances—inequality political repression, and try Makes Proposals, Washington Post, 9/7/00. ported by the main foreign powers . . . We ethnic and religious divisions—are measured ‘‘Buyers would be appalled to learn that must be clear about who is involved. Bar- objectively, they provide no explanatory money paid for diamond rings and bracelets baric, drug-crazed and dragooned by the war- power in predicting rebellion. . . . By con- may ultimately support politico-criminal lords as they may be armed and desperate trast, economic characteristics—dependence bands which exploit child-soldiers and sur- young men could not have brought on primary commodity exports, low average vive by atrocities and terror. The business UNAMSIL to it knees all on their own. The incomes, slow growth, and large diasporas— would be ruined overnight if the barbarous UN has been ensnared by something dif- all are significant and powerful predictors of crimes committed in Sierra Leone—and ferent, something newer and more insidious; civil war.’ ’’ Report Links Conflicts with Com- wholesale atrocities against civilians in the by a struggle between two rival groups sup- modities, UN Wire, 6/22/00. struggles over control of diamonds and min- ported by businessmen intent on gaining ‘‘In Sierra Leone, the Revolutionary erals in the Congo, Angola and elsewhere— control of mineral wealth.’’ Sierra Leone’s Di- United Front, a rebel outfit seeking to con- became associated by the Western public amond Wars, Le Monde, 6/00. quer diamond fields in the eastern part of with luxury jewels.’’ How Pressure on the Dia- ‘The Kalashnikov lifestyle helps our busi- their country, routinely chops off the limbs mond Trade Can do Good for Africa, Inter- ness,’ sing the child-soldiers of the RUF. of citizens to force evacuations of the coun- national Herald Tribune, 8/25/00. When these kids with guns—doubly cursed tryside surrounding the mines. The rebels ‘‘The diamond trade is hard to control by a war in which they are born to live as barter diamonds for weapons and fund their since the stones are so easily concealed and killers and then die young—watched the blue movement with illicit diamond trade. . . . transported. . . . On the other hand, nearly berets moving towards the diamond fields While the vast majority of diamonds come all traded jewel diamonds pass by way of last March, they did not see them as rep- from conflict-free zones in Africa and are four countries: South Africa . . . Belgium resentatives of an international community traded legitimately, enough diamonds are and Israel, . . . and the United States. All intent on disarming them and generously mined in conflict zones to create a reason- are serious countries that can suppress much giving them an education, health, social pro- able doubt about any stone’s origin.’’ Rights of the illicit trade, if they want.’’ How Pres- tection and work. This is just one more fac- Groups Take the Stick to Carat of Conflict Dia- sure on the Diamond Trade Can do Good for Af- tion that wanted to take their territory monds, Congressional Quarterly Daily Monitor, rica, International Herald Tribune, 8/25/00. ‘‘DeBeers was rocked by disclosures that in away from them so as to deprive them of 6/26/00. 1992 the company bought $14 million worth of their source of wealth . . . ’’ Sierra Leone’s ‘‘. . . public perception of diamonds has diamonds from Angolan rebels and has since Diamond Wars, Le Monde, 6/00 been marred by the gems’ links to such ‘‘At least three wars in Africa are ‘fueled’ armed conflicts as the one in Sierra Leone, scrambled to burnish its public image . . . by diamonds . . . A campaign partly financed reports the Karachi Dawn. ‘Suddenly, in- [its] strategy may prove a spectacularly by Britain, is seeking to alert consumers to stead of being glamorous and eternal, the profitable act of reinvention.’’ A Gem of a ‘conflict’ diamonds.’ Seeing what animal- precious stones are shooting to the top of the New Strategy, Time, 9/25/00. ‘‘Nine years of civil war . . . has dev- rights campaigners did to fur, this has terri- political hate list,’ wrote Doug Alexander. astated the civilian population of Sierra fied the whole industry.’’ Losing Their Spar- ‘Their sparkle has faded in a matter of Leone. The conflict has killed over 75,000 kle: How to Stop Diamonds Paying for Nasty weeks.’ ’’ Diamonds Becoming Unpopular Due people, displaced one-half of the country’s 4.5 African Wars, The Economist.6/3/00. to Ties to Conflict, UN Wire, 6/29/00. ‘‘When they chop off people’s hands, they ‘‘ ‘We have always maintained that the million people, and resulted in egregious will say to the victims, ‘Let’s see how you’re conflict in Sierra Leone is not about ide- human rights violations. . . . The RUF, going to vote now,’ [Sierra Leone’s Ambas- ology, tribal or regional difference,’ [Sierra however, has continued to finance its mili- sador] Liegh explained. ‘In Sierra Leone, Leone’s Ambassador] Kamara added. ‘‘It has tary operations through the illegal sale of people re in a state of shock. Nobody nothing to do with the so-called problem of diamonds.’’ Sierra Leone: Diamonds for Arms, throughout the fellow Africans could be this marginalized youths or . . . an uprising by Human Rights Brief, Spring 2000. ‘‘The photographs of sad-eyed babies whose vicious’ The extreme violence, he said, is ex- rural poor against the urban elite. The root hands were hacked off by a vicious rebel plained by the diamonds, which the rebels— of the conflict is and remains diamonds, dia- force have shocked the world’s conscience. who have received support from Libya and monds and diamonds.’ ’’ New York Times, 7/6/ So too have reports that the wealth and neighboring Liberia—seek to control. ‘The 00. weaponry of Sierra Leone’s insurgents come greedier you are, the more violent you are,’ ‘‘Two weeks ago the World Bank reported from their control of their country’s dia- he said.’’ An African Ambassador Battles Ter- that the struggle for diamonds and other mond fields. The horrifying juxtaposition of ror and Indifference, New York Times, 6/5/00. commodities had overtaken politics as the ‘‘As the people of Sierra Leone, Angola and biggest cause of civil war globally. The severed limbs with twinkling gems has even the Democratic Republic of the Congo have deaths of countless Africans are now inex- riveted the attention of the diamond indus- found to their cost, diamonds from rebel- tricably linked to the glittering object that try. U.S. consumers have a particular reason controlled mines are the perfect currency to has symbolized the promise of a lasting mar- to deplore the link between diamond pur- discreetly buy arms, bribe officials and keep riage.’’ In Search of Hot Rocks, Newsweek, 7/10/ chases and the funding of the psychotic rebel soldiers fed and fighting. Stones smaller 00. forces in West Africa. Americans reportedly than a fingernail can be easily hidden and ‘‘By far the most potent symbol of the suf- account for 65 percent of the world’s dia- sold for thousands of dollars with no ques- fering ‘conflict diamonds’ can inflict are the mond jewelry sales. But at present there is tion asked.’’ African Diamonds are a Rebel’s amputees of Sierra Leone. [Foday] Sankoh’s no way for those buying this symbol of love Best Friend, Reuters, 6/8/00. rebels cut the hands off defenseless civilians to make an ethical choice.’’ Deadly Dia- ‘‘DeBeers is stepping up its attempts to in order to sow terror and clear people out of monds: Gems Sold in the United States Pay for make such Robin Cook and others do not diamond-rich areas. Later, long after a peace Atrocities in West Africa, Legal Times, 9/11/00. stigmatize diamonds as ‘the new fur’ through agreement had been signed, Sankoh’s forces f constantly associated them with wars in Af- attacked U.N. peacekeepers just as they were rica. Diamonds are commonplace in some preparing to move into rebel-held diamond PERSONAL EXPLANATION parts of the [African] Continent and their zones. That audacious assault clearly dem- ´ high value is dependent on a pure image and onstrated just how important diamonds had HON. RUBEN HINOJOSA DeBeers’ restricting supply. The company become to the RUF.’’ In Search of Hot Rocks, OF TEXAS has always had a huge marketing arm and Newsweek, 7/10/00. ‘diamonds are forever,’ coined in 1947, is one ‘‘Rather quickly, the world is waking up to IN THE HOUSE OF REPRESENTATIVES of the most successful advertising slogans of the role of diamonds in fueling Africa’s civil Wednesday, October 4, 2000 all time.’’ African Images Could Hurt Diamond wars.’’ Africa’s Death Stones, 7/15/00. Mr. HINOJOSA. Mr. Speaker, yesterday I Trade, Daily Telegraph, 6/12/00 ‘‘Diamonds have long conjured the most ‘‘The [United Nations’] main objective is to romantic notions. . . . In parts of conflict- was unavoidably detained and missed rollcall take the diamond fields in the east, which fi- ridden Africa, however, diamonds inspire lit- vote No. 509, making further continuing appro- nance the rebels’ war chest . . . From the di- tle sentimentality. African warlords have priations for the fiscal year 2001. Had I been amond fields, the threats of the conflict lead taken control of some of the most valuable present I would have voted ``yea.''

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A04OC8.026 pfrm04 PsN: E04PT1 E1678 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2000 IN HONOR OF THE 25TH WEDDING tions. I agree that the Republic of China on Like many of my colleagues, I am saddened ANNIVERSARY OF DON AND Taiwan should have a place in the United Na- to see him leave this body. I will certainly miss CATHIE HUNSBERGER tions. Taiwan is, and has always been willing his practical, ``hands-on'' expertise when look- to contribute to the many worthwhile causes of ing for leadership on education issues. But I HON. CHRISTOPHER COX the United Nations, but without membership to congratulate you, BILL, on a job well done. I OF CALIFORNIA the United Nations, Taiwan is barred from any wish you and Hilda all the best for your life to IN THE HOUSE OF REPRESENTATIVES substantive involvement. come. Time has come for the United Nations to Wednesday, October 4, 2000 f honor its own principle of universal member- Mr. COX. Mr. Speaker, there are few occa- ship and admit the Republic of China on Tai- HISTORICALLY WOMEN’S PUBLIC sions more joyous and historic in a family's life wan as a member. COLLEGES OR UNIVERSITIES than a 25th wedding anniversary. On October On the eve of the Republic of China's Na- HISTORIC BUILDING RESTORA- 11, 1975, Don and Cathie Hunsberger were tional Day, I call on the United States to sup- TION AND PRESERVATION ACT married. Today, a quarter-century later, their port this thriving democracy in their bid to be- bonds of matrimony are stronger than ever. come a member of the United nations. SPEECH OF As each of us in Congress knows, leader- f HON. SAXBY CHAMBLISS ship in all walks of life means, more than any- OF GEORGIA QUALITY, NOT QUANTITY; thing else, setting an example. The IN THE HOUSE OF REPRESENTATIVES Hunsbergers' commitment to each other, to RESULTS NOT PROCESS Tuesday, October 3, 2000 their families, and to their communities is just SPEECH OF such an example and inspiration to us all. Mr. CHAMBLISS. Mr. Speaker, I rise today They began their partnership as college HON. MICHAEL BILIRAKIS in strong support of this important bill, H.R. sweethearts at DePauw University in OF FLORIDA 4503, Historically Women's Public Colleges or Greencastle, Indiana. Cathie was studying to IN THE HOUSE OF REPRESENTATIVES Universities Historic Building Restoration and become a teacher. Don was preparing for law Tuesday, October 3, 2000 Preservation Act, which provides critical fund- school. Even then, Cathie was convinced that ing to assist a group of schools who pioneered Mr. BILIRAKIS. Mr. Speaker, I rise today to the education of our children was the key to improvements in educational opportunities for pay tribute to my good friend and colleague, our future, and Don was committee to improv- women throughout the United States. BILL GOODLING. ing the way of our laws and our government Like the other colleges and universities that When I think of BILL GOODLING, the words serve the people. Their sense of caring and we are supporting in this bill, Wesleyan was ``quality'' and ``integrity'' come to mind. BILL responsibility made a lasting impression on all established to ensure that women in the GOODLING is an example of the very finest this United States receive a quality education. of their many friends, most particularly institution has to offer. His practical experience Cathie's adopted ``sister'' and roommate, my Wesleyan College was founded as a public as a high school teacher, principal, and super- college in 1836, by citizens of Macon, Geor- wife, Rebecca. Cathie and Don were soon intendent has given him the ability to legislate married, and shortly made their way to Orange gia, as Georgia Female College and is the with authority on education issues. Many times oldest women's college in the world that still County, California. I have looked to his leadership on education As a renowed educator, Cathie has made a educates exclusively women. For more than and deferred to his ``hands-on'' knowledge of positive difference to hundreds of our children 160 years, Wesleyan, has prepared women preparing children for the best possible future. in Orange County. Don's leadership in the law for life, work, and service. Today, Dr. Nora BILL's philosophy of education is based on Bell, President of Wesleyan, the faculty and and his community service have improved the the premise that many of us believe inÐen- staff of Wesleyan continue to promote wom- lives of families throughout Southern Cali- suring that parents and local education agen- en's education as a continual, integrated proc- fornia. cies make decisions regarding a child's edu- Twenty-five years of marriage have pro- ess of growth in mind, spirit, and body. cation, not the federal government. As Chair- duced four children. As parents, Don and Located on a 200-acre wooded campus, man of the Education and the Workforce Com- Cathie have passed along their values and Wesleyan has multiple historic buildings on its mittee, he has challenged the federal edu- their sense of honor, duty, and patriotism to current campus, including Persons Hall, cation paradigm by insisting that the education Lauren, Ashley, Alec, and Evan. As a result, Wortham Hall, and Banks Hall. I have had the of children is not determined by federal bu- Orange County and our Nation will long profit distinct honor to visit the Wesleyan campus on reaucrats. many occasions. I have talked to students, from their example. For his entire tenure in the House of Rep- Along with the rest of their family and toured the splendid historic building, and I resentatives, BILL GOODLING has encouraged friends, the Hunsbergers will be celebrating firmly believe that providing funding for Wes- all of us to keep the federal government's this memorable occasions on October 11, leyan College as well as Georgia College and commitment to special education, and funding 2000 in Yorba Linda, California at the home of the other prestigious historically women's pub- for the Individuals with Disabilities Education Cathie's parents, George and Mary Ries. I lic colleges and universities will help restore Act (IDEA) has more than doubled during his know all of my colleagues join me in wishing some of our most precious historic landmarks term as Chairman of the Education Com- Don and Cathie Hunsberger a splendid 25th and treasures and preserve the foundations of mittee. IDEA will miss a great ally when he re- wedding anniversary, and many more to women's education in America. tires from the House. come. Under his leadership, the focus on edu- f f cation has shifted from the quantity of pro- FOREMOST FOODS ON GUAM EXPRESSING SENSE OF CONGRESS grams and services provided by the federal REGARDING TAIWAN’S PARTICI- government to the quality of those programs. HON. ROBERT A. UNDERWOOD PATION IN THE UNITED NATIONS Head Start, for example, has been enhanced OF GUAM to ensure that children are taught by qualified IN THE HOUSE OF REPRESENTATIVES SPEECH OF teachers and held accountable for meeting Wednesday, October 4, 2000 HON. TOM BLILEY specific performance measures. Ed-Flex has also been expanded to allow all 50 states Mr. UNDERWOOD. Mr. Speaker, this year OF VIRGINIA flexibility in administering education programs marks the 50th anniversary of Foremost IN THE HOUSE OF REPRESENTATIVES in return for meeting measurable performance Foods on Guam. For five decades, Foremost Tuesday, October 3, 2000 standards. has been at the forefront in providing goods Mr. BLILEY. Mr. Speaker, the Republic of BILL's contributions to Congress are not and services to the people of Guam. The com- China on Taiwan will celebrate its 89th anni- solely limited to education, however. As a pany's products were first introduced to local versary of its founding on October 10, 2000. member of the Committee on International Re- households in 1950, when former Governor On this exciting occasion, I would like to add lations, he has impacted the development of Carlton Skinner asked International Dairy Sup- my support for this thriving democracy and to U.S. foreign policy by insisting that U.S. na- ply Company to supply Guam's civilian popu- recognize the good work of Taiwan's Presi- tional security interests are the utmost priority. lation with dairy products. Two years earlier, dent Chen Shui-bain. His position on that Committee has also al- International Dairy was awarded a contract to Again this year, the Republic of China on lowed him the opportunity to champion human produce goods exclusively for military per- Taiwan attempted to return to the United Na- rights and child survival efforts abroad. sonnel. Blue Seal milk products were then

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A04OC8.034 pfrm04 PsN: E04PT1 October 4, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1679 sold at local stores and Guam schools began Crystal Clear; Luis Gonzales, Production nity, which already suffered so much from the receiving half-pints of milk for lunch programs. Manager; Carlos Nucum, Engineering Tech- so-called ``war on drugs.'' On February 12, 1951, International Dairy nician II; Bartolome Andres Dairy Specialist The war on drugs is perhaps the single II; Efren Silva, Engineering Tech I; Tommy Supply Company was issued a Guam busi- most ``effective'' tool in disenfanchising mil- ness license and, by 1955, the company was Sangalang, Dairy Specialist II; Teodor Agsalud, Warehouse Specialist II; 24 Years: lions of African Americans since Jim Crow. producing a thousand gallons of milk a day for Natalio I. Esperosa, Dairy Specialist I; Between 1985 and 1995, there was a 707% civilian consumption. At the time, the staff con- Mateo D. Ulanday, Dairy Route Sales Rep- increase in the number of African Americans sisted of 11 production personnel, 5 mainte- resentative; Cerilio Danila, Dairy Specialist in state prison for a drug offense, compared to nance staffers and 3 drivers. In 1961, the Blue III; Jose Ferrer, Dairy Route Sales Rep- a 306 percent increase for whites over the Seal milk trademark was replaced with the fa- resentative; 23 Years: Rudolfo De Guzman, same period. In addition, since the advent in miliar ``F'' logo denoting Blue Seal's relation- Dairy Specialist II; Leo Bustillo, Warehouse 1986 of mandatory minimum sentences for Specialist II; Augusto Perez, Engineering ship with the parent company, Foremost drug related offenses, the number of African Dairies. by 1965, Foremost Dairies had be- Technician III; Luther Umayam, Auto Me- chanic I; Alberto Valencia, Engineering Americans in prison on drug-related offenses come the company's sole shareholder. Technician I; 22 Years: Manuel Alvarez, has exploded. In fact, despite evidence that In the 1960's, milk, vanilla ice cream, and Crystal Clear Supervisor; Jose Agahan, African Americans and Caucasians use drugs Coca-Cola were Foremost's bestsellers on Warehouse Specialist II; 20 Years: Romualdo at roughly the same rate, African Americans Guam and in the Northern Marianas. As con- Dela Cruz, Engineering Leadman IV; 19 have been especially hard hit by mandatory sumer lifestyles became more active and so- Years: Federico Ventura, Preseller (Dairy); minimum sentences: African Americans com- phisticated, Foremost catered to local tastes. Erlo Torres, Dairy Specialist II; 15 Years: prise about 13 percent of the United States' Through the years, low-fat skimmed products, Reynaldo Dimla, Engineering Clerk; Samuel Agsalud, Dairy Specialist III; 14 Years: population, 15 percent of drug users, and 17 Diet Coke, fat-free milk, yogurt and Crystal percent of cocaine users. However, thanks to Clear Drinking Water have found popularity Rogelio Almeria, Auto Mechanic II; 13 Years: Zaldy Ponce, Warehouse Specialist II; Ben- the war on drugs being targeted against our among island consumers. son Ayson, Dairy Route Sales Representa- communities, African Americans account for From a handful of employees in the 1950's, tive; Rodolfo Paulino, QA Manager; 33 percent of all federal drug convictions, 57 Foremost Foods and Coco-Cola Beverage Luzviminda Fellone, Lab Technician II; percent of Federal cocaine convictions and a Company, Guam, now employs a full time Elmer Escalera, Dairy Specialist II; Eddie staggering 84 percent of all federal crack co- staff which mans two 8-hour shifts at their Salonga, Dairy Route Sales Representative; caine convictions. Once convicted, these indi- 12 Years: John Panaguiton, Dairy Route state-of-the-art plant in Upper Tumon. In addi- viduals often lose their right to vote for life. tion, a technical staff supervises and maintains Sales Representative; Eloison Galang, Coke Vending Sales Representative; Antonio The result? The combined effect of the war equipment 24 hours a day, 7 days a week. on drugs and mandatory minimum sentences Under the capable direction of Paul Boon, who Pehipol, Dairy Specialist IV; Amante Velasco, Dairy Specialist III; Roger Tiong, being targeted at African Americans and other became the company's president 7 years ago, Dairy Route Sales Representative; Salvador minorities is that these groups are losing their Foremost has continued a tradition of dedica- Tarape, Dairy Route Sales Representative; 11 right to vote at staggering rates. That's why I tion and support for its employees. Veteran Years: Gil David, Warehouse Specialist II; come here today, to join my colleagues in de- employees can attest to the company's con- Jose Canovas, Preseller (Dairy); Edgar manding passage on vital legislation to make cerns towards its workers through their train- Llarenas, Coke Technician III; Joveneil Eugenio, Lab Technician I. all persons released from prison automatically ing and development programs and their sal- eligible to vote in federal elections. This, Mr. ary and benefits packages. f Speaker, is a necessary step in restoring the Over the years, Foremost has also been an franchise to those Americans who have al- active supporter of community programs, ac- EX-OFFENDER VOTING RIGHTS ready suffered so much. tivities and events. The company has supplied ACT products to numerous races and tournaments. f It sponsors major events, such as the pres- HON. EDOLPHUS TOWNS IN RECOGNITION OF MANUEL D. tigious Asian Professional Golf Association OF NEW YORK MAYERSON Tournament, and provides corporate encour- IN THE HOUSE OF REPRESENTATIVES agement to community endeavors, such as Sanctuary Inc., the American Cancer Society, Wednesday, October 4, 2000 HON. ROB PORTMAN Goodwill Industries of Guam, Inc., and the Mr. TOWNS. Mr. Speaker, in Post-Civil War OF OHIO Guam Chapter of the American Red Cross. America, Congress passed the Fourteenth and IN THE HOUSE OF REPRESENTATIVES However, the cooperative spirit between Fore- Fifteenth Amendments to the United States most and the community is best demonstrated Constitution to give African Americans the Wednesday, October 4, 2000 in times of contingency, such as typhoons. right to vote and to participate meaningfully in Mr. PORTMAN. Mr. Speaker, I rise today to During such times, Foremost employees the governance of this country. While 22 Afri- pay tribute to Manuel D. Mayerson, who will switch to round-the-clock production preparing can-Americans were elected to Congress in be honored at the Second Annual Circle of basic supplies, such as ice and water, in order the following years, the promise of these Life Awards Dinner in Cincinnati on October 5, to meet the needs of island residents. amendments was destroyed by Jim Crow 2000. For the past 50 years, Guam and the North- laws. After decades of struggle, the sacrifices The Circle of Life Awards Dinner raises ern Marianas have enjoyed quality products of nonviolent civil rights protesters spurred awareness about the severity of brain injury provided by Foremost Foods. On behalf of the Congress to approve the Voting Rights Act in and honors leaders like Manuel for their work people of Guam, I commend the company for 1965. The passage of the Voting Rights Act in helping young people with disabilities. Brain its contribution to our community and our was perhaps the most important victory won injury is the most frequent cause of disability economy. I congratulate Foremost Foods and by the Civil Rights Movement led by the Rev- and death among children and adolescents in join them in celebrating their 50-year anniver- erend Dr. Martin Luther King, Jr. All of these the United States. Each year, over 1 million sary on Guam. I hope that the next 50 years efforts were made with the recognition that the children sustain injuries with more than 30,000 would bring continued success to Foremost franchise is critical to the ultimate emanci- suffering a serious permanent disability. Foods and its employees. pation of the African American people. Manuel's interest in helping children and At this point, I would like to submit, for the Unfortunately, as we approach the first na- others with disabilities began about 10 years RECORD, the names of veteran employees tional election of the new millennium, we are ago when he was approached by several or- who, through the years, have made great con- confronted with another challenge to the en- ganizations about the problems of infant brain tributions towards the success of the com- franchisement of millions of African-Ameri- injuries caused by shaking. Manuel then de- pany. cans. Mr. Speaker, there is simply no justifica- cided to form the Family Violence Coalition, 33 Years: Narciso M. Ibit, Production Su- tion for the disenfranchisement of almost 3 which focuses on programs to prevent child pervisor; 31 Years: Eduardo G. Merto, Dairy million Americans who served their sentences abuse. Specialist II; 27 Years: Hermie L. Loria, Pro- duction Supervisor; 26 Years: Benjamin M. for the commission of a felony crime. Let me Most recently and through Manuel's support, Peralta, Engineering Technician I; Danilo E. repeat that point: over 3 million Americans the Mayerson Center for Safe and Healthy Tucio, Dairy Specialist III; 25 Years: Joseph have lost their right to vote even after they Children at Children's Hospital Medical Center E. Collado, Chief Engineer; Arturo Hippolito, have paid their debt to society. Mr. Speaker, of Cincinnati was founded to help prevent, Dairy Specialist II; Marcelo Carlos, Jr., CSR this issue is of great concern to my commu- identify and treat child abuse and neglect.

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A04OC8.034 pfrm04 PsN: E04PT1 E1680 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2000 Manuel also serves as a trustee at Children's porary Arts Center; Cincinnati Art Museum; erties attorney and one of the architects of the Hospital. Outside the Hospital, he has been in- and the Freestore/Foodbank. In addition, the Americans with Disabilities Act, has had a sig- strumental in establishing programs like the In- Mayerson Foundation, supported by Manuel nificant impact in shaping his commitment to clusion Network, which works to increase ac- and his wife, Rhoda, has been most generous helping those with disabilities. ceptance of the disabled, and other important to causes that improve the lives of children, human service programs that help people to people with disabilities, and to community in- All of us in the Cincinnati area congratulate overcome limiting conditions. stitutions aimed at preserving cultural heritage. Manuel for his outstanding leadership, service Manuel continues to serve on a number of Manuel and Rhoda have three children: and commitment to improving the lives of oth- boards including: the Cincinnati Children's Neil, Fred, and Arlene. In addition to the many ers. Hospital; Hebrew Union College; Contem- influences in Manuel's life, Arlene, a civil lib-

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A04OC8.036 pfrm04 PsN: E04PT1 October 4, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1681 SENATE COMMITTEE MEETINGS on Monday and Wednesday of each OCTOBER 11 week. 9:30 a.m. Title IV of Senate Resolution 4, Meetings scheduled for Thursday, Oc- Judiciary agreed to by the Senate on February 4, tober 5, 2000 may be found in the Daily Administrative Oversight and the Courts 1977, calls for establishment of a sys- Digest of today’s RECORD. Subcommittee tem for a computerized schedule of all MEETINGS SCHEDULED To continue oversight hearings on the meetings and hearings of Senate com- Wen Ho Lee case. SD–226 mittees, subcommittees, joint commit- OCTOBER 10 tees, and committees of conference. 2:30 p.m. OCTOBER 12 This title requires all such committees Intelligence 9:30 a.m. to notify the Office of the Senate Daily Closed business meeting to consider pend- Digest—designated by the Rules com- ing intelligence matters. Appropriations SH–219 Labor, Health and Human Services, and mittee—of the time, place, and purpose Education Subcommittee of the meetings, when scheduled, and 7:30 p.m. Conferees To hold hearings to examine the status any cancellations or changes in the Closed meeting of conferees on H.R. 4392, of Gulf War illnesses. meetings as they occur. to authorize appropriations for fiscal SD–124 As an additional procedure along year 2001 for intelligence and intel- with the computerization of this infor- ligence-related activities of the United States Government, the Community mation, the Office of the Senate Daily Management Account, and the Central Digest will prepare this information for Intelligence Agency Retirement and printing in the Extensions of Remarks Disability System. section of the CONGRESSIONAL RECORD S–407, Capitol

VerDate 112000 04:03 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00023 Fmt 0626 Sfmt 0634 E:\CR\FM\A04OC8.036 pfrm04 PsN: E04PT1 Wednesday, October 4, 2000 Daily Digest Senate to have breast or cervical cancer under a federally Chamber Action funded screening program, to amend the Public Routine Proceedings, pages S9787–S9873 Health Service Act and the Federal Food, Drug, and Measures Introduced: Four bills and one resolution Cosmetic Act with respect to surveillance and infor- were introduced, as follows: S. 3157–3160, and S. mation concerning the relationship between cervical Res. 366. Page S9861 cancer and the human papillomavirus (HPV), after Measures Reported: striking all after the enacting clause and inserting in Special Report entitled ‘‘Further Revised Alloca- lieu thereof the text of S. 662 (Senate companion tion to Subcommittees of Budget Totals for Fiscal measure), and after agreeing to the committee Year 2001’’. (S. Rept. No. 106–483) amendment in the nature of a substitute. S. 1109, to conserve global bear populations by Pages S9821±23 prohibiting the importation, exportation, and inter- Subsequently, S. 662 was placed back on the Sen- state trade of bear viscera and items, products, or ate calendar. Page S9822 substances containing, or labeled or advertised as Education for All Handicapped Children Act: containing, bear viscera. (S. Rept. No. 106–484) Senate agreed to H. Con. Res. 399, recognizing the S. 2417, to amend the Federal Water Pollution 25th anniversary of the enactment of the Education Control Act to increase funding for State nonpoint for All Handicapped Children Act of 1975. source pollution control programs, with an amend- Pages S9866±67 ment in the nature of a substitute. (S. Rept. No. 106–485) William H. Natcher Bridge: Senate passed H.R. S. 1697, to authorize the Secretary of the Interior 1162, to designate the bridge on United States to refund certain collections received pursuant to the Route 231 that crosses the Ohio River between Reclamation Reform Act of 1982, with an amend- Maceo, Kentucky, and Rockport, Indiana, as the ment in the nature of a substitute. (S. Rept. No. ‘‘William H. Natcher Bridge’’, clearing the measure 106–486) for the President. Page S9867 S. 1756, to enhance the ability of the National J. Smith Henley Federal Building and U.S. Laboratories to meet Department of Energy missions Courthouse: Senate passed H.R. 1605, to designate and for other purposes, with an amendment in the the Federal building and United States courthouse nature of a substitute. (S. Rept. No. 106–487) located at 402 North Walnut Street in Harrison, Ar- S. 2163, to provide for a study of the engineering kansas, as the ‘‘J. Smith Henley Federal Building feasibility of a water exchange in lieu of electrifica- and United States Courthouse’’, clearing the measure tion of the Chandler Pumping Plant at Prosser Di- for the President. Page S9867 version Dam, Washington, with an amendment in Carl Elliott Federal Building: Senate passed the nature of a substitute. (S. Rept. No. 106–488) H.R. 4806, to designate the Federal building located S. 2882, to authorize Bureau of Reclamation to at 1710 Alabama Avenue in Jasper, Alabama, as the conduct certain feasibility studies to augment water supplies for the Klamath Project, Oregon and Cali- ‘‘Carl Elliott Federal Building’’, clearing the measure fornia, with an amendment in the nature of a sub- for the President. Page S9867 stitute. (S. Rept. No. 106–489) Page S9855 Owen B. Pickett U.S. Customhouse: Senate Measures Passed: passed H.R. 5284, to designate the United States customhouse located at 101 East Main Street in Breast and Cervical Cancer Prevention and Norfolk, Virginia, as the ‘‘Owen B. Pickett United Treatment Act: Senate passed H.R. 4386, to amend States Customhouse’’, clearing the measure for the title XIX of the Social Security Act to provide med- President. Page S9867 ical assistance for certain women screened and found D1029

VerDate 11-MAY-2000 03:50 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D04OC0.REC pfrm04 PsN: D04OC0 D1030 CONGRESSIONAL RECORD — DAILY DIGEST October 4, 2000 Red River National Wildlife Refuge Act: Senate Sequential Referral—Agreement: A unanimous- passed H.R. 4318, to establish the Red River Na- consent agreement was reached providing that when tional Wildlife Refuge, clearing the measure for the the Committee on Indian Affairs reports S. 2917, to President. Page S9867 settle the land claims of the Pueblo of Santa Do- Personnel Flexibility: Committee on Govern- mingo, the bill be referred to the Committee on En- mental Affairs was discharged from further consider- ergy and Natural Resources for a period not to ex- ation of H.R. 4642, to make certain personnel flexi- ceed 7 days. Page S9867 bilities available with respect to the General Ac- Executive Reports of Committees: Senate received counting Office, and the bill was then passed, clear- the following executive reports of a committee: ing the measure for the President. Page S9867 Report to accompany Bilateral Investment Treaties Famine Prevention and Freedom from Hunger with Azerbaijan, Bahrain, Bolivia, Croatia, El Sal- Improvement Act: Senate passed H.R. 4002, to vador, Honduras, Jordan, Lithuania, Mozambique, amend the Foreign Assistance Act of 1961 to revise Uzbekistan, and a Protocol Amending the Bilateral and improve provisions relating to famine prevention Investment Treaty with Panama (Treaty Docs. and freedom from hunger, after agreeing to a com- 106–47, 106–25, 106–26, 106–29, 106–28, mittee amendment in the nature of a substitute, and 106–27, 106–30, 106–42, 106–31, 104–25, and the following amendment proposed thereto: 106–46) (Exec. Rept. No. 106–23) Pages S9855±56 Pages S9867±69 Report to accompany Mutual Legal Assistance Fitzgerald (for Hagel) Amendment No. 4289, to Treaties with Cyprus, Egypt, France, Greece, Nige- include in the statement of policies that there is a ria, Romania, South Africa, Ukraine, and the Inter- need to responsibly manage the world’s agricultural, American Convention on Mutual Assistance in as well as, natural resources for sustained produc- Criminal Matters with Related Protocol (Treaty tivity, health and resilience to climate variability. Docs. 106–35, 106–19, 106–17, 106–18, 102–26, Page S9869 106–20, 106–36, 106–16, and 105–25) (Exec. Rept. Interior Appropriations—Conference Report: No. 106–24) Pages S9856±59 Senate continued consideration of the conference re- Report to accompany United Nations Convention port on H.R. 4578, making appropriations for the to Combat Desertification in Those Countries Expe- Department of the Interior and related agencies for riencing Drought, Particularly in Africa, with An- the fiscal year ending September 30, 2001. nexes (Treaty Doc. 104–29) (Exec. Rept. No. Pages S9796±S9820, S9842±48, S9869±73 106–25) Pages S9859±60 A motion was entered to close further debate on Report to accompany Extradition Treaties with the conference report and, in accordance with the Belize, Paraguay, South Africa and Sri Lanka (Treaty provisions of Rule XXII of the Standing Rules of Docs. 106–38, 106–4, 106–24, and 106–34) (Exec. the Senate, a vote on the cloture motion could occur Rept. No. 106–26) Pages S9860±61 on Friday, October 6, 2000. Pages S9820±21 Senate will continue consideration of the con- Messages From the House: Pages S9852±53 ference report on Thursday, October 5, 2000. Communications: Pages S9853±54 Continuing Appropriations: Senate began consider- Petitions: Page S9854 ation of H.J. Res. 110, making further continuing appropriations for the fiscal year 2001. Executive Reports of Committees: Pages S9855±61 Pages S9827±42 Statements on Introduced Bills: Pages S9861±63 A unanimous-consent-time agreement was reached Additional Cosponsors: Pages S9863±64 providing for further consideration of the resolution on Thursday, October 5, 2000, with a vote on final Amendments Submitted: Page S9865 passage to occur at 10 a.m. Page S9842 Additional Statements: Pages S9848±52 Appointment: Text of S. 2412, as Previously Passed: Social Security Advisory Board: The Chair, on Pages S9865±66 behalf of the President pro tempore, and in consulta- Recess: Senate convened at 9:30 a.m., and recessed tion with the Chairman and the Ranking Minority at 8:25 p.m., until 9:30 a.m., on Thursday, October Member of the Finance Committee, pursuant to 5, 2000. (For Senate’s program, see the remarks of Public Law 103–296, appointed David Podoff, of the Acting Majority Leader in today’s Record on Maryland, as a member of the Social Security Advi- page S9869.) sory Board, vice Lori L. Hansen. Page S9866

VerDate 11-MAY-2000 03:50 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D04OC0.REC pfrm04 PsN: D04OC0 October 4, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1031

Medicine; Grace-Marie Arnett, Galen Institute, Al- Committee Meetings exandria, Virginia; and Sara R. Munro, Burlington, (Committees not listed did not meet) Vermont. SEAPORT SECURITY U.S. FOREST SERVICE AND SMALL BUSINESS Committee on Commerce, Science, and Transportation: Committee concluded oversight hearings to examine Committee on Small Business: Committee held hearings the Seaport Commission Report of the Interagency to examine the effects of U.S. Forest Service policies Commission on Crime and Security in U.S. Seaports, on small businesses and what could be done to im- focusing on how to improve security and crime prove the agency’s management of the forests, receiv- within the United States’ port environment, after re- ing testimony from Senators Craig and Thomas; ceiving testimony from Senator Graham; Adm. James R. Furnish, Deputy Chief, National Forest James M. Loy, U.S. Coast Guard, and Clyde J. Hart, System, Forest Service, Department of Agriculture; Jr., Maritime Administrator, both of the Department Jim Hurst, Owens and Hurst Lumber Company, of Transportation; Raymond W. Kelly, Commis- Inc., Eureka, Montana; Joel E. Bousman, Boulder, sioner, U.S. Customs Service, Department of the Wyoming, on behalf of the Wyoming Stockgrowers Treasury; James K. Robinson, Assistant Attorney Association; Del Tinsley, Wyoming Livestock General, Criminal Division, Department of Justice; Roundup, Casper, on behalf of the University of Kurt J. Nagle, American Association of Port Au- Wyoming College of Agriculture; Al Bukowsky, Sol- thorities, Alexandria, Virginia; and John Tousseau, itude River Trips, Salmon, Idaho; Larry W. Van International Longshore and Warehouse Union, Tassell, University of Idaho Department of Agricul- Washington, D.C. tural Economics and Rural Sociology, Moscow; and William McKillop, University of California College HEALTH CARE COVERAGE of Natural Resources, Berkeley. Committee on Health, Education, Labor, and Pensions: Hearings recessed subject to call. Committee concluded hearings to examine issues re- lating to the challenges and barriers faced in obtain- ALCOHOL AND LAW ENFORCEMENT IN ing and maintaining affordable health care coverage, ALASKA including related data from the recent Current Popu- Committee on Indian Affairs: Committee concluded lation Survey, the impact of current tax policy, and oversight hearings to examine the state of alcohol, expanding coverage, after receiving testimony from substance abuse, and related law enforcement prob- Robert Garcia de Posada, Hispanic Business Round- lems in Alaska, focusing on the identity and quan- table, Paul Fronstin, Employee Benefit Research In- tity levels of alcohol and illegal drug use in the stitute, Judith Feder, Georgetown University Public State, after receiving testimony from Jacqueline Policy Institute, and Mary R. Grealy, Healthcare Agtuca, Acting Director, Office of Tribal Justice, Leadership Council, all of Washington, D.C.; Sandra Department of Justice; Ernie Turner, Alaska Divi- Adamson Fryhofer, Emory University School of Med- sion of Alcoholism and Drug Abuse, Juneau; and icine, Atlanta, Georgia, on behalf of the American Julie Kitka, Alaska Federation of Natives, Anchor- College of Physicians-American Society of Internal age.

VerDate 11-MAY-2000 03:50 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D04OC0.REC pfrm04 PsN: D04OC0 D1032 CONGRESSIONAL RECORD — DAILY DIGEST October 4, 2000 House of Representatives Istook, Cunningham, Tiahrt, Aderholt, Emerson, Chamber Action Sununu, Moran of Virginia, Dixon, Mollohan, and Bills Introduced: 12 public bills, H.R. 5377–5388; Obey. Pages H8747±54 and 1 resolution, H. Con. Res. 417, were intro- Rejected the Moran of Virginia motion to instruct duced. Page H8799 conferees to recede from disagreement with the Reports Filed: Reports were filed today as follows. amendment of the Senate by a yea and nay vote of H.R. 5136, to make permanent the authority of 190 yeas to 219 nays, Roll No. 510. Pages H8747±54 the Marshal of the Supreme Court and the Supreme Suspension—American War Veterans Oral His- Court Police to provide security beyond the Supreme tory Program: The House agreed to suspend the Court building and grounds (H. Rept. 106–931); rules and pass H.R. 5212, amended, to direct the H.R. 5018, to amend title 18, United States American Folklife Center at the Library of Congress Code, to modify certain provisions of law relating to to establish a program to collect video and audio re- the interception of communications, amended (H. cordings of personal histories and testimonials of Rept. 106–932). American war veterans by a yea and nay vote of 407 H. Res. 596, calling upon the President to ensure yeas with none voting ‘‘nay,’’ Roll No. 511. The that the foreign policy of the United States reflects motion was debated on Tuesday, Oct. 3. Page H8754 appropriate understanding and sensitivity concerning issues related to human rights, ethnic cleansing, and Steens Mountain, Oregon Cooperative Manage- genocide documented in the United States record re- ment and Protection Act: The House passed H.R. lating to the Armenian Genocide, amended (H. 4828, to designate wilderness areas and a cooperative Rept. 106–933); management and protection area in the vicinity of H.R. 2941; to establish the Las Cienegas National Steens Mountain in Harney County, Oregon by voice Conservation Area in the State of Arizona, amended vote. Pages H8755±66 (H. Rept. 106–934); Pursuant to the rule, agreed to the Walden H. Res. 610, providing for consideration of H.R. amendment in the nature of a substitute printed in 2941, to establish the Las Cienegas National Con- the Congressional Record and numbered 1. servation Area in the State of Arizona (H. Rept. Page H8760 106–935); and H. Res. 609, the rule that provided for consider- H. Res. 611, providing for consideration of S. ation of the bill was agreed to by voice votes. 2311, to revise and extend the Ryan White CARE Page H8755 Act programs under title XXVI of the Public Coast Guard Authorization: The House disagreed Health Service Act, to improve access to health care with the Senate amendment to H.R. 820, to author- and the quality of health care under such programs, ize appropriations for fiscal years 2000 and 2001 for and to provide for the development of increased ca- the Coast Guard, and agreed to a conference. Ap- pacity to provide health care and related support pointed as conferees: Chairman Shuster and Rep- services to individuals and families with HIV disease resentatives Young of Alaska, Gilchrest, DeFazio, (H. Rept. 106–936). Pages H8798±99 and Baird. Page H8766 Speaker Pro Tempore: Read a letter from the Estuary Habitat and Chesapeake Bay Restoration Speaker wherein he designated Representative Shaw Conferees: Appointed the following conferees to S. to act as Speaker pro tempore for today. Page H8743 835, to encourage the restoration of estuary habitat Guest Chaplain: The prayer was offered by the through more efficient project financing and en- guest Chaplain, the Rev. Lawrence A. Lambert, Jr. hanced coordination of Federal and non-Federal res- of the First United Methodist Church, Greensburg, toration programs: Representatives Shuster, Young of Kansas. Page H8743 Alaska, Boehlert, Gilchrest, Fowler, Sherwood, District of Columbia Appropriations: The House Sweeney, Kuykendall, Vitter, Oberstar, Borski, Bar- disagreed with the Senate amendment to H.R. 4042, cia, Filner, Taylor of Mississippi, Blumenauer, and making appropriations for the government of the Baldacci. (On Sept. 12, 2000, the House passed the District of Columbia and other activities chargeable bill under suspension of the rules with an amend- in whole or in part against the revenues of said Dis- ment, insisted on its amendment, and requested a trict for the fiscal year ending September 30, 2001, conference with the Senate). Page H8766 and agreed to a conference. Appointed as conferees: Intelligence Authorization Conference: The Chairman Young of Florida and Representatives House disagreed with the Senate amendment to

VerDate 11-MAY-2000 03:50 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D04OC0.REC pfrm04 PsN: D04OC0 October 4, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1033 H.R. 4392, to authorize appropriations for fiscal year Holders: Reuniting Security Holders with their In- 2001 for intelligence and intelligence-related activi- vestments. Testimony was heard from Larry E. ties of the United States Government, the Commu- Bergmann, Senior Associate Director, Division of nity Management Account, and the Central Intel- Market Regulation, SEC; and a public witness. ligence Agency Retirement and Disability System and agreed to a conference. Appointed as conferees: SAFETY IN STUDY ABROAD PROGRAMS From the Permanent Select Committee on Intel- ligence for consideration of the House bill and the Committee on Education and the Workforce: Sub- Senate amendment, and modifications committed to committee on Oversight and Investigations held a conference: Chairman Goss and Representatives hearing on Safety in Study Abroad Programs. Testi- Lewis of California, McCollum, Castle, Boehlert, mony was heard from Lee Fritschler, Assistant Sec- Bass, Gibbons, LaHood, Wilson, Dixon, Pelosi, retary, Office of Postsecondary Education, Depart- Bishop, Sisisky, Condit, Roemer, and Hastings of ment of Education; Diane Andruch, Managing Di- Florida.; and from the Committee on Armed Services rector, Overseas Citizens Services, Bureau of Consular for consideration of defense tactical intelligence and Affairs, Department of State; and public witnesses. related activities: Chairman Spence, Stump, and Skelton. Page H8766 OVERSIGHT OF WAGE-GRADE PAY IN Recess: The House recessed at 5:31 p.m. and recon- GEORGIA AND OKLAHOMA vened at 6:50 p.m. Page H8797 Committee on Government Reform: Subcommittee on Senate Messages: Messages received from the Senate Civil Service held a hearing on Oversight of Wage- today appear on pages H8743–44. Grade Pay in Georgia and Oklahoma. Testimony was Referrals: S. 2440 was referred to the Committee heard from Representative Chambliss; Donald on Transportation and Infrastructure; S. Con. Res. Winstead, Assistant Director, Compensation Admin- 60 and S. Con. Res. 70 were referred to the Com- istration, OPM; and Roger M. Blanchard, Assistant mittee on Government Reform; and S. Con. Res. Deputy Chief of Staff, Personnel, U.S. Air Force, De- 141 was referred to the Committee on House Ad- partment of Defense; and a public witness. ministration. Page H8797 Amendments: Amendments ordered printed pursu- ANTI-DRUG MEDIA CAMPAIGN ant to the rule appear on pages H8799–H8811. Committee on Government Reform: Subcommittee on Quorum Calls—Votes: Two yea-and-nay votes de- Criminal Justice, Drug Policy and Human Resources veloped during the proceedings of the House today held a hearing on Anti-Drug Media Campaign: Pro- and appear on pages H8753–54 and H8754. There gram and Contract Accountability and Administra- were no quorum calls. tion. Testimony was heard from the following offi- cials of the Office of National Drug Control Policy: Adjournment: The House met at 10 a.m. and ad- Donald Vereen, M.D., Deputy Director; and Jane journed at 6:51 p.m. Twyne, Consultant; and Robert H. Hast, Director, Committee Meetings Office of Special Investigations, GAO. FEDERAL LANDS—REVIEW WILDLIFE POLICY BLUEPRINT FOR APPROVING U.N. RISKS PEACEKEEPING MISSIONS Committee on Agriculture: Held a hearing to review Committee on International Relations: Met to receive a wildlife risks on federal lands. Testimony was heard briefing on the Policy Blueprint for Approving U.N. from the following officials of the Forest Service, Peacekeeping Missions. The Committee was briefed USDA: Lyle Laverty, Regional Forester, Rocky by Henry L. Hinton, Jr., Assistant Comptroller Gen- Mountain Region; and Dale N. Bosworth, Regional eral, National Security and International Affairs, Forester, Northern Region; Dick Kempthorne, Gov- GAO; and public witnesses. ernor, State of Idaho; James E. Hubbard, State For- ester, Forest Service, State of Colorado; and Don K. JEREMY AND JULIA’S LAW Artley, State Forester, Forestry Division, Department of Resources and Conservation, State of Montana. Committee on the Judiciary: Subcommittee on Crime held a hearing on H.R. 469, Jeremy and Julia’s Law. LOST SECURITY HOLDERS Testimony was heard from Michael Horowitz, Dep- Committee on Commerce: Subcommittee on Finance and uty Assistant Attorney General, Criminal Division, Hazardous Materials held a hearing on Lost Security Department of Justice; and public witnesses.

VerDate 11-MAY-2000 03:50 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D04OC0.REC pfrm04 PsN: D04OC0 D1034 CONGRESSIONAL RECORD — DAILY DIGEST October 4, 2000 PUERTO RICO-U.S. BILATERAL PACT OF tions. Testimony was heard from Representatives NON-TERRITORIAL PERMANENT UNION Hansen and Kolbe. AND GUARANTEED CITIZENSHIP ACT INTOLERANCE AT EPA Committee on Resources: Held a hearing on H.R. 4751, Committee on Science: Held a hearing on Intolerance at Puerto Rico-United States Bilateral Pact of Non-Ter- EPA—Harming People, Harming Science? Testi- ritorial Permanent Union and Guaranteed Citizen- mony was heard from the following officials of the ship Act. Testimony was heard from Representative EPA: Carol M. Browner, Administrator; and Marsha Burton of Indiana; Jeffrey L. Farrow, Co-Chair, Coleman-Adebayo, Senior Advisor to the Director of President’s Interagency Group on Puerto Rico; Wil- the Office of Pollution Prevention and Toxics, EPA; liam M. Treanor, Deputy Assistant Attorney Gen- and public witnesses. eral, Office of Legal Counsel, Department of Justice; Robert Dalton, Assistant Legal Advisor, Treaty Af- BENCHMARKING U.S. SCIENCE fairs, Department of State; and the following officials Committee on Science: Subcommittee on Basic Research of Puerto Rico: Angel E. Rotger-Sabat, Attorney held a hearing on Benchmarking U.S. Science: What General; and Charlie Rodriquez, President, Senate; Can It Tell Us? Testimony was heard from Eamon and public witnesses. Kelly. Chairman, National Science Board, NSF; and public witnesses. RYAN WHITE CARE ACT AMENDMENTS f Committee on Rules: Granted, by voice vote, a closed COMMITTEE MEETINGS FOR THURSDAY, rule on S. 2311, to revise and extend the Ryan OCTOBER 5, 2000 White CARE Act Amendments of 2000, providing one hour of debate in the House equally divided and (Committee meetings are open unless otherwise indicated) controlled by the chairman and ranking minority Senate member of the Committee on Commerce. The rule Committee on Commerce, Science, and Transportation: to waives all points of order against consideration of the hold hearings on tobacco related issues, focusing on how bill. The rule provides that the amendment in the certain States are spending tobacco revenues from the set- nature of a substitute printed in the Congressional tlement, 9:30 a.m., SR–253. Record and numbered 1 shall be considered as Committee on Energy and Natural Resources: Subcommittee adopted. Finally, the rule provides one motion to re- on Energy Research, Development, Production and Regu- commit with or without instructions. lation, to hold hearings to examine the electricity chal- lenges facing the Northwest, 9:30 a.m., SD–366. LAS CIENEGAS NATIONAL CONSERVATION Committee on Finance: Subcommittee on International AREA Trade, to hold hearings to examine trade policy chal- lenges in 2001, 11 a.m., SD–215. Committee on Rules: Granted, by voice vote, an open Committee on Foreign Relations: Subcommittee on Euro- rule on H.R. 2941, to establish the Las Cienegas pean Affairs, with the Subcommittee on Near Eastern and National Conservation Area in the State of Arizona, South Asian Affairs, to hold joint hearings to examine providing one hour of general debate to be equally Russian connections with Iranian weapons programs, 11 divided between the chairman and ranking minority a.m., SD–419. member of the Committee on Resources. The rule Subcommittee on Near Eastern and South Asian Af- fairs, with the Subcommittee on European Affairs, to hold waives all points of order against consideration of the joint hearings to examine Russian connections with Ira- bill. The rule makes in order as an original bill for nian weapons programs, 11 a.m., SD–419. the purpose of amendment the Hansen amendment Committee on the Judiciary: business meeting to consider in the nature of a substitute printed in the Congres- S. 2448, to enhance the protections of the Internet and sional Record and numbered 1, which shall be open the critical infrastructure of the United States; and S. for amendment at any point. The rule waives all 1020, to amend chapter 1 of title 9, United States Code, points of order against the amendment in the nature to provide for greater fairness in the arbitration process of a substitute. The rule authorizes the Chair to ac- relating to motor vehicle franchise contracts, 9 a.m., cord priority in recognition to Members who have SD–226. pre-printed their amendments in the Congressional House Record. The rule allows the Chairman of the Com- Committee on Appropriations, Subcommittee on Treasury, mittee of the Whole to postpone votes during con- Postal Service and General Government, on Bureau of Al- sideration of the bill, and to reduce voting time to cohol, Tobacco and Firearms, Youth Crime Gun Interdic- five minutes on a postponed question if the vote fol- tion Initiative, 2 p.m., 2359 Rayburn. lows a fifteen minute vote. Finally, the rule provides Committee on Commerce: to consider the following meas- one motion to recommit with or without instruc- ures: H.R. 3011, Truth in Telephone Billing Act of

VerDate 11-MAY-2000 03:50 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D04OC0.REC pfrm04 PsN: D04OC0 October 4, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1035

1999; H. Res. 575, Supporting Internet safety awareness; Odum, Georgia, as the ‘‘Ruth Harris Coleman Post Office H.R. 5164, the Transportation Recall Enhancement, Ac- Building;’’ H.R. 5210, to designate the facility of the countability, and Documentation Act; H.R. 4281, United States Postal Service located at 200 South George ICCVAM Authorization Act of 2000; and H.R. 2441, the Street in York, Pennsylvania, as the ‘‘George Atlee Good- Fairness in Securities Transactions Act; 10 a.m., 2123 ling Post Office Building;’’ and the following draft re- Rayburn. ports entitled: ‘‘The Failure to Produce White House E- Committee on Education and the Workforce, Subcommittee Mails: Threats, Obstruction and Unanswered Questions;’’ on Oversight and Investigations, hearing on Federal Pris- ‘‘Non-Binding Legal Effect of Agency Guidance Docu- on Industries (FPI): The Proposed Military Clothing Pro- ments;’’ and the Vaccine Injury Compensation Program: duction Expansion—Assessing Existing Protections for Addressing Needs and Improving Practices, 10 a.m., Workers, Business, and FPI’s Federal Agency Customers, 2154 Rayburn. 10 a.m., 2175 Rayburn. Committee on the Judiciary, Subcommittee on Immigra- Committee on Government Reform, to consider the fol- tion and Claims, to consider the issuance of a subpoena lowing bills: H.R. 4181, ‘‘Debt Pay Incentive Act of duces tecum requiring the Immigration and Naturaliza- 2000;’’ H.R. 5016, to redesignate the facility of the tion Service to provide Congress with a report on illegal United States Postal Service located at 514 Express Cen- immigration statistics that was originally scheduled to be ter Drive in Chicago, Illinois, as the ‘‘J.T. Weeker Service released on September 28, 2000, 10:30 a.m., B–352 Ray- Center;’’ H.R. 4830, to redesignate the facility of the burn. United States Postal Service located at 1859 South Ash- Committee on Science, Subcommittee on Technology, land Avenue in Chicago, Illinois, as the ‘‘Cesar Chavez hearing on rural Access to Technology: Connecting the Post Office;’’ H.R. 4831, to designate the facility of the Last American Frontier, 10 a.m., 2318 Rayburn. United States Postal Service located at 2339 North Cali- Committee on Transportation and Infrastructure, Sub- fornia Street in Chicago, Illinois, as the ‘‘Roberto committee on Aviation, hearing on Challenges Associated Clemente Post Office;’’ H.R. 4853, to redesignate the fa- with Building New Runways, 9:30 a.m., 2167 Rayburn. cility of the United States Postal Service located at 1568 Subcommittee on Oversight, Investigations, and Emer- South Glen Road in South Euclid, Ohio, as the ‘‘Arnold gency Management, hearing on Aircraft Electrical System C. D’Amico Station;’’ H.R. 5143, to designate the Post Safety, 2 p.m., 2167 Rayburn. Office Building located at 3160 Irvin Cobb Drive in Pa- ducah, Kentucky, as the ‘‘Morgan Station;’’ H.R. 5144, Joint Meetings to designate the facility of the United States Postal Serv- Conference: meeting of conferees on H.R. 4461, making ice located at 203 West Paige Street, in Tompkinsville, appropriations for Agriculture, Rural Development, Food Kentucky, as the ‘‘Tim Lee Carter Post Office Building;’’ and Drug Administration and Related Agencies programs H.R. 5229, to designate the facility of the United States for the fiscal year ending September 30, 2001, 12 p.m., Postal Service located at 219 South Church Street in SC–5 Capitol.

VerDate 11-MAY-2000 03:50 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D04OC0.REC pfrm04 PsN: D04OC0 D1036 CONGRESSIONAL RECORD — DAILY DIGEST October 4, 2000

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, October 5 10 a.m., Thursday, October 5

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 2941, Las ation of H.J. Res. 110, Continuing Resolution, with a Cienegas National Conservation Area Establishment Act vote on final passage to occur at 10 a.m.; following of 1999 (open rule, one hour of debate); and which, Senate will continue consideration of the Con- Consideration of S. 2311, Ryan White CARE Act ference Report on H.R. 4578, Interior Appropriations. Amendments of 2000 (closed rule, one hour of debate).

Extensions of remarks, as inserted in this issue

HOUSE Filner, Bob, Calif., E1665 Owens, Major R., N.Y., E1666 Frost, Martin, Tex., E1670 Portman, Rob, Ohio, E1663, E1679 Ackerman, Gary L., N.Y., E1675 Gilman, Benjamin A., N.Y., E1667 Pryce, Deborah, Ohio, E1674 Bereuter, Doug, Nebr., E1669 Hall, Tony P., Ohio, E1676 Radanovich, George, Calif., E1665 Berman, Howard L., Calif., E1659 Hayes, Robin, ´N.C., E1671 Reyes, Silvestre, Tex., E1670 Berry, Marion, Ark., E1672 Hinojosa, Ruben, Tex., E1677 Riley, Bob, Ala., E1666, E1669 Bilirakis, Michael, Fla., E1678 Hoeffel, Joseph M., Pa., E1665, E1667 Roemer, Tim, Ind., E1660 Bliley, Tom, Va., E1678 Kanjorski, Paul E., Pa., E1664 Saxton, Jim, N.J., E1664, E1666 Blumenauer, Earl, Ore., E1674 Kennedy, Patrick J., R.I., E1675 Schaffer, Bob, Colo., E1671 Boehlert, Sherwood L., N.Y., E1672 Kildee, Dale E., Mich., E1663 Shuster, Bud, Pa., E1675 Brady, Robert A., Pa., E1663, E1666 Kingston, Jack, Ga., E1668 Stabenow, Debbie, Mich., E1665 Carson, Julia, Ind., E1666 Kucinich, Dennis J., Ohio, E1662, E1664, E1664, E1665, Thornberry, Mac, Tex., E1663 Chambliss, Saxby, Ga., E1678 E1672 Towns, Edolphus, N.Y., E1679 Clyburn, James E., S.C., E1665 Lantos, Tom, Calif., E1667, E1670 Underwood, Robert A., Guam, E1678 Combest, Larry, Tex., E1663 Lee, Barbara, Calif., E1664 Udall, Mark, Colo., E1669 Cox, Christopher, Calif., E1678 McIntosh, David M., Ind., E1671 Walden, Greg, Ore., E1670 Crane, Philip M., Ill., E1673 Manzullo, Donald A., Ill., E1675 Ehrlich, Robert L., Jr., Md., E1674 Miller, Gary G., Calif., E1663, E1666

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available on the Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web; the Superintendent of Documents home page address is http://www.access.gpo.gov/suldocs, by using local WAIS client software or by telnet to swais.access.gpo.gov, then login as guest (no password required). Dial-in users should use communications software and modem to call (202) 512–1661; type swais, then login as guest (no password required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262; or by calling Toll Free 1–888–293–6498 or (202) 512–1530 between 7 a.m. and 5:30 p.m. Eastern time, Monday through Friday, except for Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $179.00 for six months, $357.00 per year, or purchased for $3.00 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (202) 512–1800, or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.

VerDate 11-MAY-2000 03:50 Oct 05, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 0664 Sfmt 0664 E:\CR\FM\D04OC0.REC pfrm04 PsN: D04OC0