Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 106 CONGRESS, SECOND SESSION

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

Vol. 146 WASHINGTON, THURSDAY, MARCH 30, 2000 No. 38 Senate The Senate met at 9:30 a.m. and was RESERVATION OF LEADER TIME The PRESIDING OFFICER. Without called to order by the President pro The PRESIDING OFFICER (Mr. objection, it is so ordered. The Senator tempore (Mr. THURMOND). CRAPO). Under the previous order, the from Nevada. leadership time is reserved. Mr. REID. Mr. President, while the two managers of the bill are on the PRAYER f floor, the Senator from Texas asked The Chaplain, Dr. Lloyd John RECOGNITION OF THE ACTING that there be an hour for opening Ogilvie, offered the following prayer: MAJORITY LEADER statements. The Senator from Mary- The PRESIDENT pro tempore. The land, the manager on the minority Blessed Father, thank You for moti- Senator from Texas is recognized. side, thinks that is a good idea. vating millions of Americans to pray Mr. GRAMM. Mr. President, that for the women and men of this Senate f being the case, let me ask unanimous and all of us who are privileged to work ORDER OF PROCEDURE consent, following the comments of the with them. Around the clock, prayers Mr. GRAMM. Mr. President, I under- acting Democrat leader, that there be of intercession are prayed for the work stand the Democrat leader has a state- an hour equally divided for opening of this Senate. Help us to remember ment to make. Let me just say to our statements and that at the conclusion that You are seeking to answer those colleagues, we are going to take up the of that hour I be recognized to offer an prayers as the Senators are offered bill providing loan guarantees to those amendment. Your wisdom and guidance. Your who would develop the technology and The PRESIDING OFFICER. Without mighty power is impinging on them as make the investments to bring local objection, it is so ordered. a result of people’s prayers. An unlim- television to rural America. We expect ited supply of supernatural strength there to be opening statements this f and vision from You is ready to be re- morning. Let me say, since there is no GAS TAX REPEAL leased because of the faithful interces- one here on the other side to debate Mr. REID. Mr. President, I want to sion of Your people. Grant the Sen- the issue, I intend at some point to ask take a little while this morning to lay ators a sense of awe and wonder and unanimous consent that we might have the foundation for a vote we will be humility by realizing that their cre- an hour or so for opening statements taking later today. There is going to be ativity comes from Your Spirit as a re- and then I might be recognized to offer a limited amount of time to talk about sult of the prayers of the American an amendment at that point. If there is the cloture vote on the gas tax repeal. people. an objection to that, then I will go No one is happy about the cost of ahead and offer an amendment at the Help us to be ready to pray for each gasoline in America today. It is some- conclusion of my statement. other here in the Senate family. We thing of which we are all aware, espe- Let me say we should have votes renew our commitment to pray not throughout the day. We are confident cially those of us on the west coast. In only for those with whom we agree, but we will finish this bill today—or we the State of Nevada, there are places also for those with whom we disagree, hope to. where gas can cost more than $2 a gal- our political adversaries and those who Following the disposition of this bill, lon. In California, that is the rule rath- test our patience. Bind us together as there will be a cloture vote on the mo- er than the exception. prayer partners as we deal with the di- tion to proceed to the gasoline tax leg- However, what the majority is at- versity of ideas, for You are our Lord islation. After the cloture vote, the tempting to do today, in moving this and Savior. Amen. Senate will begin a period of morning legislation forward, is something that business with statements expected by should not take place. The bill was f Senator BROWNBACK on the marriage placed on the calendar under what we penalty. call rule XIV. That means it is acted PLEDGE OF ALLEGIANCE I thank our colleagues for their at- on in an expedited fashion. It goes tention. right here. It has not had a single hear- The Honorable MIKE CRAPO, a Sen- Mr. President, before I go into a dis- ing in the Finance Committee, the ator from the State of Idaho, led the cussion of the bill, I ask unanimous committee of jurisdiction. There is no Pledge of Allegiance, as follows: consent I might yield to the Democrat companion bill that has passed the I pledge allegiance to the Flag of the leader to make a statement on his House. If this bill is passed by this United States of America, and to the Repub- leadership time, and then that I might body, only two things can happen: No. lic for which it stands, one nation under God, be recognized to make the initial open- 1, it will lie here on the desk indefi- indivisible, with liberty and justice for all. ing statement. nitely; or, No. 2, it can be sent to the

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

S1925

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1926 CONGRESSIONAL RECORD — SENATE March 30, 2000 House where it will be automatically It is important that we recognize They are being critical in this arti- blue slipped, meaning that the bill is some of the things that are being writ- cle, among other things, about Gov. dead. So it is quite clear the repeal of ten around the country. There are lots George W. Bush pushing for repeal of the gas tax is nothing more than an ef- of things being written about how fool- this gas tax. In fact, they say, as others fort to make a political statement, and ish it would be to reduce the price of say, it appears his solution to all the I think the political statement is not gas for part of the year by 4.3 cents a problems in America today is tax re- appropriate. gallon, especially when one keeps in duction. For example, we know he If the majority is serious about this mind the tremendous infrastructure wants over a $1 trillion tax cut over matter, it should call up, for example, needs in this country. the next few years. The American peo- the House-passed tax bill. There is one Take, for instance, the State of Ne- ple do not accept this. Why? Because there, H.R. 3081, dealing with minimum vada. I hope to travel to Nevada tomor- they think it is more important that wage and various other tax matters. row to be part of a very large celebra- we have targeted tax cuts and we also I do not believe there is anyone in tion. That celebration will deal with spend these moneys, if we have extra this body who does not want a tax de- cutting a ribbon to open a highway moneys, to do something about edu- crease on fuel. But this is not the way project, the largest public works cation, to fix the prescription drug to go about it. Let’s keep in mind project in the history of the State of problem we have with Medicare, make where we are. OPEC has agreed to Nevada, except for Hoover Dam and a sure we bolster Social Security, and, produce more oil. In addition to that, few other programs. Certainly, without most important, that we do something there are other nations, such as Mexico question, it is the largest public works to reduce the $5 trillion debt that has and Norway, that have agreed to project that relates to highways. This accumulated. produce more oil. It is going to take one thing we call the spaghetti bowl This New York Times article goes on some time before these gas prices go cost $100 million. to state: down, but they will. Those moneys came from this tax. A cynic might suggest that that is the To show how really frail in logic the When the American consumer goes to point. But I’d rather think that Mr. Bush majority is on this matter, they recog- the fuel pump and buys gasoline, there isn’t deliberately trying to throw his friends nize it should be just a short-term fix. is money taken every time, about 18 in the oil industry a few extra billions; I pre- That is, by the end of the year a cer- cents a gallon, and put into a trust fer to believe that the candidate, or which- tain mechanical thing would happen ever adviser decided to make gasoline taxes fund. That money can be used for the an issue, was playing a political rather than that would reestablish the tax. Re- construction of roads, bridges, high- a financial game.... member, we are talking about a tax of ways. That is why I am able to go to This is one case in which a tax cut would 4.3 cents per gallon. So I think the ac- Las Vegas tomorrow and cut the ribbon lead directly to cutbacks in a necessary and tion by the majority leader is wrong. on this project. It will alleviate traffic popular government service. There are a lot of things we can do, I problems significantly in that area. I hope the Senate, in a bipartisan think, to meet some of the demands for These programs take place all over fashion, will resoundingly defeat this fuel we have in this country. For exam- America, and if we cut this program, if effort to roll back this 4.3-cents-a-gal- ple, there are 300,000 barrels of oil we eliminate this 4.3-cents-a-gallon lon gas tax. There are other places we every day produced in our country, in gasoline tax, it will mean we will not can look to move taxes back or adjust Alaska, that are shipped to Asia. have approximately $6 billion a year taxes. Certainly, this is not one of Should that oil not be shipped to the for construction projects around the those places. We need to do better than United States? Obviously, the answer country. this. is yes. That is why there is a bipartisan ef- I repeat, I hope in a bipartisan fash- There is also every reason to believe fort to defeat this foolish proposal to ion this afternoon we will defeat the there are things we can do to lessen take away this tax. motion to invoke cloture on the repeal our dependency on this foreign oil. We I was here yesterday afternoon when of the 4.3-cents-a-gallon gas tax. could develop alternative fuels. I think Senator WARNER of Virginia, who The PRESIDING OFFICER. The Sen- we could improve the efficiency of en- serves, and has served for many years, ator from Texas. ergy use through different economy on the Environment and Public Works f measures. One of the things we have Committee and is one of the senior not done for many years is advance and MEASURES PLACED ON THE members of that committee, said it is CALENDAR—S. 2314 AND S. 2323 enhance fuel efficiency standards, what not the right thing to do. Sitting in the we call CAFE. Given the modern tech- position of Presiding Officer yesterday Mr. GRAMM. Mr. President, I under- nology that we have, there is no reason was Senator VOINOVICH of Ohio. He was stand there are two bills at the desk in the world we cannot produce auto- relieved of his duties as Presiding Offi- due for their second reading. mobiles in America that are more fuel cer and came down and gave a speech The PRESIDING OFFICER. The clerk will report the bills by title. efficient. We did it once before, and it as to why this should not be done. The bill clerk read as follows: was tremendous. It was unheard of, I hope we will look at this and realize that cars would get over 20 miles to the that papers all over America, not the A bill (S. 2314) for the relief of Elian Gon- zalez. gallon of gasoline, but we were able to least of which is the New York Times, do that through modern technology. A bill (S. 2323) to amend the Fair Labor talks about the ‘‘Gasoline Tax Fol- Standards Act of 1938 to clarify the treat- We need to promote renewable en- lies.’’ This means it is simply a foolish ment of stock options under the Act. ergy. In what ways? Geothermal, solar, thing to do. Mr. GRAMM. Mr. President, I object wind. As soon as the energy crisis was Quoting from the New York Times: to further proceedings on these bills at over, it seemed we backed off from that Let’s start with why the oil cartel should this time. as a government. We fight every year love this proposal. The PRESIDING OFFICER. The bills in this Senate Chamber. Every year, Put yourself in the position of an OPEC will be placed on the calendar. there is a battle. I am the ranking minister: What sets the limits to how high member of the Energy and Water De- you want to push oil prices? The answer is f velopment Subcommittee on Appro- that you are afraid that too high a price will LAUNCHING OUR COMMUNITIES’ priations. Senator DOMENICI, from New lead people to use less gasoline, heating oil ACCESS TO LOCAL TELEVISION Mexico, is the chairman. We have an and so on. Suppose, however, that you can count on the U.S. Government to reduce gas- ACT OF 2000 ongoing battle in here every year, try- oline taxes whenever the price of crude oil The PRESIDING OFFICER. Under ing to get more money for alternative rises. Then Americans are less likely to re- the previous order, the Senate will now energy programs—geothermal, solar, duce their oil consumption if you conspire to proceed to the consideration of S. 2097, wind. drive prices up—which makes such a con- which the clerk will report by title. There are other things that simply spiracy a considerably more attractive prop- The legislative clerk read as follows: osition. need to be done that are not being A bill (S. 2097) to authorize loan guaran- done. Reducing the price of fuel by 4.3 They go on to say: tees in order to facilitate access to local tel- cents a gallon for part of a year is not A cynic might suggest that that is the evision broadcast signals in unserved areas, the solution to the problem. point. and for other purposes.

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1927 The Senate proceeded to consider the submitted to the Board under this Act, and for (3) PROTECTION OF UNITED STATES FINANCIAL bill which had been reported from the any other action to be taken by the Board with INTERESTS.—The Board may not approve the Committee on Banking, Housing, and respect to such applications; guarantee of a loan under this Act unless— (C) provide appropriate safeguards against Urban Affairs, with an amendment to (A) the Board has been given documentation, the evasion of the provisions of this Act; assurances, and access to information, persons, strike all after the enacting clause and (D) set forth the circumstances in which an and entities necessary, as determined by the insert in lieu thereof the following: applicant, together with any affiliate of an ap- Board, to address issues relevant to the review SECTION 1. SHORT TITLE. plicant, shall be treated as an applicant for a of the loan by the Board for purposes of this This Act may be cited as the ‘‘Launching Our loan guarantee under this Act; Act; and Communities’ Access to Local Television Act of (E) include requirements that appropriate par- (B) the Board makes a determination in writ- 2000’’. ties submit to the Board any documents and as- ing that— SEC. 2. PURPOSE. surances that are required for the administra- (i) to the best of its knowledge upon due in- The purpose of this Act is to facilitate access, tion of the provisions of this Act; and quiry, the assets, facilities, or equipment covered on a technologically neutral basis and by De- (F) include such other provisions consistent by the loan will be utilized economically and ef- cember 31, 2006, to signals of local television sta- with the purpose of this Act as the Board con- ficiently; tions for households located in unserved areas siders appropriate. (ii) the terms, conditions, security, and sched- (3) CONSTRUCTION.—(A) Nothing in this Act and underserved areas. ule and amount of repayments of principal and shall be construed to prohibit the Board from re- the payment of interest with respect to the loan SEC. 3. LOCAL TELEVISION LOAN GUARANTEE quiring, to the extent and under circumstances BOARD. protect the financial interests of the United considered appropriate by the Board, that affili- (a) ESTABLISHMENT.—There is established the States and are reasonable; ates of an applicant be subject to certain obliga- LOCAL Television Loan Guarantee Board (in (iii) to the extent possible, the value of collat- tions of the applicant as a condition to the ap- this Act referred to as the ‘‘Board’’). eral provided by an applicant is at least equal proval or maintenance of a loan guarantee (b) MEMBERS.— to the unpaid balance of the loan amount cov- (1) IN GENERAL.—Subject to paragraph (2), the under this Act. ered by the loan guarantee (the ‘‘Amount’’ for (B) If any provision of this Act or the applica- Board shall consist of the following members: purposes of this clause); and if the value of col- (A) The Secretary of the Treasury, or the des- tion of such provision to any person or entity or lateral provided by an applicant is less than the ignee of the Secretary. circumstance is held to be invalid by a court of Amount, the additional required collateral is (B) The Chairman of the Board of Governors competent jurisdiction, the remainder of this provided by any affiliate of the applicant; and of the Federal Reserve System, or the designee Act, or the application of such provision to such if the combined value of collateral provided by of the Chairman. person or entity or circumstance other than an applicant and any affiliate is not at least (C) The Secretary of Agriculture, or the des- those as to which it is held invalid, shall not be equal to the Amount, the collateral from such ignee of the Secretary. affected thereby. affiliate represents all of such affiliate’s assets; (c) AUTHORITY LIMITED BY APPROPRIATIONS (2) REQUIREMENT AS TO DESIGNEES.—An indi- (iv) all necessary and required regulatory and ACTS.—The Board may approve loan guarantees vidual may not be designated a member of the other approvals, spectrum rights, and delivery under this Act only to the extent provided for in Board under paragraph (1) unless the indi- permissions have been received for the loan, the advance in appropriations Acts. The Board may vidual is an officer of the United States pursu- project under the loan, and the Other Debt, if delegate to the Administrator (as defined in sec- ant to an appointment by the President, by and any, under subsection (f)(2)(B); tion 5 of this Act) the authority to approve loan with the advice and consent of the Senate. (v) the loan would not be available on reason- guarantees of up to $20,000,000. To the extent (c) FUNCTIONS OF THE BOARD.— able terms and conditions without a loan guar- the Administrator is delegated such authority, (1) IN GENERAL.—The Board shall determine antee under this Act; and whether or not to approve loan guarantees the Administrator shall comply with the terms of (vi) repayment of the loan can reasonably be under this Act. The Board shall make such de- this Act applicable to the Board. expected. (d) REQUIREMENTS AND CRITERIA APPLICABLE terminations consistent with the purpose of this (e) CONSIDERATIONS.— TO APPROVAL.— Act and in accordance with this subsection and (1) TYPE OF MARKET.— (1) IN GENERAL.—The Board shall utilize the section 4 of this Act. (A) PRIORITY CONSIDERATIONS.—To the max- underwriting criteria developed under sub- (2) CONSULTATION AUTHORIZED.— imum extent practicable, the Board shall give section (g), and any relevant information pro- (A) IN GENERAL.—In carrying out its functions priority in the approval of loan guarantees vided by the departments and agencies with under this Act, the Board shall consult with under this Act in the following order: First, to which the Board consults under section 3, to de- such departments and agencies of the Federal projects that will serve the greatest number of termine which loans may be eligible for a loan Government as the Board considers appropriate, households in unserved areas; and second, to guarantee under this Act. including the Department of Commerce, the De- projects that will serve the greatest number of (2) PREREQUISITES.—In addition to meeting partment of Agriculture, the Department of the the underwriting criteria under paragraph (1), a households in underserved areas. In each in- Treasury, the Department of Justice, the De- loan may not be guaranteed under this Act un- stance, the Board shall consider the project’s es- partment of the Interior, the Board of Governors less— timated cost per household to be served. of the Federal Reserve System, the Federal Com- (A) the loan is made to finance the acquisi- (B) PROHIBITION.—The Board may not ap- munications Commission, the Federal Trade tion, improvement, enhancement, construction, prove a loan guarantee under this Act for a Commission, and the National Aeronautics and deployment, launch, or rehabilitation of the project that is designed primarily to serve 1 or Space Administration. means by which local television broadcast sig- more of the 40 most populated designated market (B) RESPONSE.—A department or agency con- nals will be delivered to an unserved area or un- areas (as that term is defined in section 122(j) of sulted by the Board under subparagraph (A) derserved area; title 17, United States Code). shall provide the Board such expertise and as- (B) the proceeds of the loan will not be used (2) OTHER CONSIDERATIONS.—The Board shall sistance as the Board requires to carry out its for operating expenses; consider other factors, which shall include functions under this Act. (C) the proposed project, as determined by the projects that would— (3) APPROVAL BY MAJORITY VOTE.—The deter- Board in consultation with the National Tele- (A) offer a separate tier of local broadcast sig- mination of the Board to approve a loan guar- communications and Information Administra- nals, but for applicable Federal, State, or local antee under this Act shall be by a vote of a mation, is not likely to have a substantial adverse laws or regulations; jority of the Board. impact on competition that outweighs the bene- (B) provide lower projected costs to consumers SEC. 4. APPROVAL OF LOAN GUARANTEES. fits of improving access to the signals of a local of such separate tier; and (a) AUTHORITY TO APPROVE LOAN GUARAN- television station in an unserved area or under- (C) enable the delivery of local broadcast sig- TEES.—Subject to the provisions of this section served area; nals consistent with the purpose of this Act by and consistent with the purpose of this Act, the (D) the loan is provided by an insured deposi- a means reasonably compatible with existing Board may approve loan guarantees under this tory institution (as that term is defined in sec- systems or devices predominantly in use. Act. tion 3 of the Federal Deposit Insurance Act) (f) GUARANTEE LIMITS.— (b) REGULATIONS.— that is acceptable to the Board, and has terms, (1) LIMITATION ON AGGREGATE VALUE OF (1) REQUIREMENTS.—The Administrator (as in the judgment of the Board, that are con- LOANS.—The aggregate value of all loans for defined in section 5 of this Act), under the direc- sistent in material respects with the terms of which loan guarantees are issued under this Act tion of and for approval by the Board, shall pre- similar obligations in the private capital market; (including the unguaranteed portion of loans scribe regulations to implement the provisions of (E) repayment of the loan is required to be issued under paragraph (2)(A)) and Other Debt this Act and shall do so not later than 120 days made within a term of the lesser of— under paragraph (2)(B) may not exceed after funds authorized to be appropriated under (i) 25 years from the date of the execution of $1,250,000,000. section 10 of this Act have been appropriated in the loan; or (2) GUARANTEE LEVEL.—A loan guarantee a bill signed into law. (ii) the economically useful life, as determined issued under this Act— (2) ELEMENTS.—The regulations prescribed by the Board or in consultation with persons or (A) may not exceed an amount equal to 80 under paragraph (1) shall— entities deemed appropriate by the Board, of the percent of a loan meeting in its entirety the re- (A) set forth the form of any application to be primary assets to be used in the delivery of the quirements of subsection (d)(2)(A). If only a por- submitted to the Board under this Act; signals concerned; and tion of a loan meets the requirements of that (B) set forth time periods for the review and (F) the loan meets any additional criteria de- subsection, the Board shall determine that per- consideration by the Board of applications to be veloped under subsection (g). centage of the loan meeting such requirements

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 6333 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1928 CONGRESSIONAL RECORD — SENATE March 30, 2000 (the ‘‘applicable portion’’) and may issue a loan maining funds in the Escrow Account, if any, (1) the modification is consistent with the fi- guarantee in an amount not exceeding 80 per- shall be refunded, on a pro rata basis, to appli- nancial interests of the United States; cent of the applicable portion; or cants whose loans guaranteed under this Act (2) consent has been obtained from the parties (B) may, as to a loan meeting in its entirety were not in default, or where any default was to the loan agreement; the requirements of subsection (d)(2)(A), cover cured in accordance with the terms of the un- (3) the modification is consistent with the un- the amount of such loan only if that loan is for derlying loan or loan guarantee agreement. derwriting criteria developed under section 4(g) an amount not exceeding 80 percent of the total (i) JUDICIAL REVIEW.—The decision of the of this Act; debt financing for the project, and other debt fi- Board to approve or disapprove the making of a (4) the modification does not adversely affect nancing (also meeting in its entirety the require- loan guarantee under this Act shall not be sub- the interest of the Federal Government in the ments of subsection (d)(2)(A)) from the same ject to judicial review. assets or collateral of the applicant; source for a total amount not less than 20 per- SEC. 5. ADMINISTRATION OF LOAN GUARANTEES. (5) the modification does not adversely affect the ability of the applicant to repay the loan; cent of the total debt financing for the project (a) IN GENERAL.—The Administrator of the (‘‘Other Debt’’) has been approved. Rural Utilities Service (in this Act referred to as and (g) UNDERWRITING CRITERIA.—Within the pe- the ‘‘Administrator’’) shall issue and otherwise (6) the National Telecommunications and In- riod provided for under subsection (b)(1), the administer loan guarantees that have been ap- formation Administration has been consulted by Board shall, in consultation with the Director of proved by the Board in accordance with sections the Board regarding the modification. (e) PERFORMANCE SCHEDULES.— the Office of Management and Budget and an 3 and 4 of this Act. (1) PERFORMANCE SCHEDULES.—An applicant independent public accounting firm, develop un- (b) SECURITY FOR PROTECTION OF UNITED for a loan guarantee under this Act for a project derwriting criteria relating to the guarantee of STATES FINANCIAL INTERESTS.— covered by section 4(e)(1) of this Act shall enter loans that are consistent with the purpose of (1) TERMS AND CONDITIONS.—An applicant into stipulated performance schedules with the this Act, including appropriate collateral and shall agree to such terms and conditions as are Administrator with respect to the signals to be cash flow levels for loans guaranteed under this satisfactory, in the judgment of the Board, to provided through the project. Act, and such other matters as the Board con- ensure that, as long as any principal or interest (2) PENALTY.—The Administrator may assess siders appropriate. is due and payable on a loan guaranteed under REDIT RISK PREMIUMS.— against and collect from an applicant described (h) C this Act, the applicant— (1) ESTABLISHMENT AND ACCEPTANCE.—The in paragraph (1) a penalty not to exceed 3 times (A) shall maintain assets, equipment, facili- Board may establish and approve the accept- the interest due on the guaranteed loan of the ties, and operations on a continuing basis; ance of credit risk premiums with respect to a applicant under this Act if the applicant fails to (B) shall not make any discretionary dividend loan guarantee under this Act in order to cover meet its stipulated performance schedule under payments that impair its ability to repay obliga- the cost, as determined under section 504(b)(1) of that paragraph. tions guaranteed under this Act; and the Federal Credit Reform Act of 1990, of the (f) COMPLIANCE.—The Administrator, in co- (C) shall remain sufficiently capitalized. loan guarantee. To the extent that appropria- operation with the Board and as the regulations (2) COLLATERAL.— tions of budget authority are insufficient to of the Board may provide, shall enforce compli- (A) EXISTENCE OF ADEQUATE COLLATERAL.— cover the cost, as so determined, of a loan guar- ance by an applicant, and any other party to a An applicant shall provide the Board such doc- antee under this Act, credit risk premiums shall loan guarantee for whose benefit assistance umentation as is necessary, in the judgment of be accepted from a non-Federal source under under this Act is intended, with the provisions the Board, to provide satisfactory evidence that this subsection on behalf of the applicant for of this Act, any regulations under this Act, and appropriate and adequate collateral secures a the loan guarantee. the terms and conditions of the loan guarantee, loan guaranteed under this Act. (2) CREDIT RISK PREMIUM AMOUNT.— including through the submittal of such reports (B) FORM OF COLLATERAL.—Collateral re- (A) IN GENERAL.—The Board shall determine and documents as the Board may require in reg- the amount of any credit risk premium to be acquired by subparagraph (A) shall consist solely ulations prescribed by the Board and through cepted with respect to a loan guarantee under of assets of the applicant, any affiliate of the regular periodic inspections and audits. applicant, or both (whichever the Board con- this Act on the basis of— (g) COMMERCIAL VALIDITY.—A loan guarantee (i) the financial and economic circumstances siders appropriate), including primary assets to under this Act shall be incontestable— of the applicant for the loan guarantee, includ- be used in the delivery of signals for which the (1) in the hands of an applicant on whose being the amount of collateral offered; loan is guaranteed. half the loan guarantee is made, unless the ap- (ii) the proposed schedule of loan disburse- (C) REVIEW OF VALUATION.—The value of col- plicant engaged in fraud or misrepresentation in ments; lateral securing a loan guaranteed under this securing the loan guarantee; and (iii) the business plans of the applicant for Act may be reviewed by the Board, and may be (2) as to any person or entity (or their respec- providing service; adjusted downward by the Board if the Board tive successor in interest) who makes or con- (iv) any financial commitment from a broad- reasonably believes such adjustment is appro- tracts to make a loan to the applicant for the cast signal provider; and priate. loan guarantee in reliance thereon, unless such (v) the concurrence of the Director of the Of- (3) LIEN ON INTERESTS IN ASSETS.—Upon the person or entity (or respective successor in inter- fice of Management and Budget as to the Board’s approval of a loan guarantee under this est) engaged in fraud or misrepresentation in amount of the credit risk premium. Act, the Administrator shall have liens on assets making or contracting to make such loan. (B) PROPORTIONALITY.—To the extent that securing the loan, which shall be superior to all (h) DEFAULTS.—The Board shall prescribe reg- appropriations of budget authority are suffi- other liens on such assets, and the value of the ulations governing defaults on loans guaranteed cient to cover the cost, as determined under sec- assets (based on a determination satisfactory to under this Act, including the administration of tion 504(b)(1) of the Federal Credit Reform Act the Board) subject to the liens shall be at least the payment of guaranteed amounts upon de- of 1990, of loan guarantees under this Act, the equal to the unpaid balance of the loan amount fault. credit risk premium with respect to each loan covered by the loan guarantee, or that value ap- (i) RECOVERY OF PAYMENTS.— guarantee shall be reduced proportionately. proved by the Board under section 4(d)(3)(B)(iii) (1) IN GENERAL.—The Administrator shall be (C) PAYMENT OF PREMIUMS.—Credit risk pre- of this Act. entitled to recover from an applicant for a loan miums under this subsection shall be paid to an (4) PERFECTED SECURITY INTEREST.—With re- guarantee under this Act the amount of any account (the ‘‘Escrow Account’’) established in spect to a loan guaranteed under this Act, the payment made to the holder of the guarantee the Treasury which shall accrue interest and Administrator and the lender shall have a per- with respect to the loan. such interest shall be retained by the account, fected security interest in assets securing the (2) SUBROGATION.—Upon making a payment subject to subparagraph (D). loan that are fully sufficient to protect the fi- described in paragraph (1), the Administrator (D) DEDUCTIONS FROM ESCROW ACCOUNT.—If a nancial interests of the United States and the shall be subrogated to all rights of the party to default occurs with respect to any loan guaran- lender. whom the payment is made with respect to the teed under this Act and the default is not cured (5) INSURANCE.—In accordance with practices guarantee which was the basis for the payment. in accordance with the terms of the underlying in the private capital market, as determined by (3) DISPOSITION OF PROPERTY.— loan or loan guarantee agreement, the Adminis- the Board, the applicant for a loan guarantee (A) SALE OR DISPOSAL.—The Administrator trator, in accordance with subsections (h) and under this Act shall obtain, at its expense, in- shall, in an orderly and efficient manner, sell or (i) of section 5 of this Act, shall liquidate, or surance sufficient to protect the financial inter- otherwise dispose of any property or other inter- shall cause to be liquidated, all assets ests of the United States, as determined by the ests obtained under this Act in a manner that collateralizing such loan as to which it has a Board. maximizes taxpayer return and is consistent lien or security interest. Any shortfall between (c) ASSIGNMENT OF LOAN GUARANTEES.—The with the financial interests of the United States. the proceeds of the liquidation net of costs and holder of a loan guarantee under this Act may (B) MAINTENANCE.—The Administrator shall expenses relating to the liquidation, and the assign the loan guaranteed under this Act in maintain in a cost-effective and reasonable guarantee amount paid pursuant to this Act whole or in part, subject to such requirements as manner any property or other interests pending shall be deducted from funds in the Escrow Ac- the Board may prescribe. sale or disposal of such property or other inter- count and credited to the Administrator for pay- (d) MODIFICATION.—The Board may approve ests under subparagraph (A). ment of such shortfall. At such time as deter- the modification of any term or condition of a (j) ACTION AGAINST OBLIGOR.— mined under subsection (d)(2)(E) when all loans loan guarantee or a loan guaranteed under this (1) AUTHORITY TO BRING CIVIL ACTION.—The guaranteed under this Act have been repaid or Act, including the rate of interest, time of pay- Administrator may bring a civil action in an ap- otherwise satisfied in accordance with this Act ment of principal or interest, or security require- propriate district court of the United States in and the regulations promulgated hereunder, re- ments only if— the name of the United States or of the holder

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 6333 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1929 of the obligation in the event of a default on a (b) REPORT.—The Comptroller General shall and satellites could negotiate con- loan guaranteed under this Act. The holder of a submit to the Committee on Banking, Housing, tracts under which television broad- loan guarantee shall make available to the Ad- and Urban Affairs of the Senate and the Com- casts could be carried by satellite. ministrator all records and evidence necessary mittee on Banking and Financial Services of the In the midst of that conference, a siz- to prosecute the civil action. House of Representatives a report on each audit able majority of the conference com- (2) FULLY SATISFYING OBLIGATIONS OWED THE conducted under subsection (a). UNITED STATES.—The Administrator may accept mittee members from the House and SEC. 7. SUNSET. the Senate concluded there was a prob- property in satisfaction of any sums owed the No loan guarantee may be approved under United States as a result of a default on a loan this Act after December 31, 2006. lem in rural America that the bill they were considering would not address: guaranteed under this Act, but only to the ex- SEC. 8. RETRANSMISSION OF LOCAL TELEVISION tent that any cash accepted by the Adminis- BROADCAST STATIONS. that there were substantial economic trator is not sufficient to satisfy fully the sums An applicant shall be subject to applicable impediments to the development of owed as a result of the default. rights, obligations, and limitations of title 17, systems that would deliver the local (k) BREACH OF CONDITIONS.—The Adminis- United States Code. If a local broadcast station television broadcast into remote, iso- trator shall commence a civil action in a court requests carriage of its signal and is located in lated, and rural areas of the country. of appropriate jurisdiction to enjoin any activity a market not served by a satellite carrier pro- In trying to deal with this situation, which the Board finds is in violation of this Act, viding service under a statutory license under the regulations under this Act, or any condi- with all the time constraints in the section 122 of title 17, United States Code, the midst of a conference, an effort was tions which were duly agreed to, and to secure applicant shall carry the signal of that station any other appropriate relief, including relief without charge, and shall be subject to the ap- made to write a loan guarantee into against any affiliate of the applicant. plicable rights, obligations, and limitations of that bill. That loan guarantee program (l) ATTACHMENT.—No attachment or execution sections 338, 614, and 615 of the Communications has subsequently been offered in the may be issued against the Administrator or any Act of 1934. House and is pending before the House property in the control of the Administrator SEC. 9. DEFINITIONS. committee. And when I talk about it pursuant to this Act before the entry of a final In this Act: again, I will be talking about the bill judgment (as to which all rights of appeal have (1) AFFILIATE.—The term ‘‘affiliate’’— expired) by a Federal, State, or other court of as introduced in the House. (A) means any person or entity that controls, There was great concern at that time competent jurisdiction against the Administrator or is controlled by, or is under common control in a proceeding for such action. about how the system would work and with, another person or entity; and what it would cost. As a result of nu- (m) FEES.— (B) may include any individual who is a di- (1) APPLICATION FEE.—The Board may charge rector or senior management officer of an affil- merous negotiations and a lot of good and collect from an applicant for a loan guar- iate, a shareholder controlling more than 25 per- will, a decision was made to drop that antee under this Act a fee to cover the cost of cent of the voting securities of an affiliate, or provision at the end of the last session the Board in making necessary determinations more than 25 percent of the ownership interest with a commitment I made that, by and findings with respect to the loan guarantee in an affiliate not organized in stock form. the end of this month, we would report application under this Act. The amount of the (2) UNSERVED AREA.—The term ‘‘unserved a loan guarantee bill from the Banking fee shall be reasonable. area’’ means any area that— (2) LOAN GUARANTEE ORIGINATION FEE.—The Committee to address this very real (A) is outside the grade B contour (as deter- concern. I am happy to say that on a Board may charge, and the Administrator may mined using standards employed by the Federal collect, a loan guarantee origination fee with re- Communications Commission) of the local tele- bipartisan basis we reported such a bill spect to the issuance of a loan guarantee under vision broadcast signals serving a particular by unanimous vote and we, in doing so, this Act. designated market area; and fulfilled the commitment we made at (3) USE OF FEES COLLECTED.—Any fee col- (B) does not have access to such signals by the end of the last session. lected under this subsection shall be used to off- other widely marketed means. Rather than go through a fairly com- set administrative costs under this Act, includ- (3) UNDERSERVED AREA.—The term ‘‘under- plicated bill in detail, I will focus in ing costs of the Board and of the Administrator. served area’’ means any area that— (n) REQUIREMENTS RELATING TO AFFILIATES.— my opening statement on the problems (A) is outside the grade A contour (as deter- we face—why it is difficult—why there (1) INDEMNIFICATION.—The United States mined using standards employed by the Federal shall be indemnified by any affiliate (acceptable Communications Commission) of the local tele- are economic perils involved—in guar- to the Board) of an applicant for a loan guar- vision broadcast signals serving a particular anteeing loans to do something that antee under this Act for any losses that the designated market area; and has never been done before using tech- United States incurs as a result of— (B) has access to local television broadcast nology that is unproven, why it is so (A) a judgment against the applicant or any signals from not more than one commercial, for- expensive to do this, and then how we of its affiliates; profit multichannel video provider. (B) any breach by the applicant or any of its have tried to deal with each of these (4) COMMON TERMS.—Except as provided in affiliates of their obligations under the loan problems. paragraphs (1) through (3), any term used in guarantee agreement; It is important to remember that this Act that is defined in the Communications (C) any violation of the provisions of this Act, when the Congressional Budget Office Act of 1934 (47 U.S.C. 151 et seq.) has the mean- and the regulations prescribed under this Act, ing given that term in the Communications Act looked at the loan guarantee program by the applicant or any of its affiliates; of 1934. pending in the House of Representa- (D) any penalties incurred by the applicant or SEC. 10. AUTHORIZATIONS OF APPROPRIATIONS. tives, they concluded that of the loan any of its affiliates for any reason, including guarantees that would be made—and violation of a stipulated performance schedule (a) COST OF LOAN GUARANTEES.—For the cost under subsection (e); and of the loans guaranteed under this Act, includ- let’s be precise, a loan guarantee is (E) any other circumstances that the Board ing the cost of modifying the loans, as defined where the taxpayers are committed to considers appropriate. in section 502 of the Congressional Budget Act stand in the place of the borrower (2) LIMITATION ON TRANSFER OF LOAN PRO- of 1974 (2 U.S.C. 661(a)), there are authorized to should the borrower default—roughly CEEDS.—An applicant for a loan guarantee be appropriated for fiscal years 2001 through 45 percent of the $1.25 billion worth of under this Act may not transfer any part of the 2006, such amounts as may be necessary. loans made under that bill will be de- (b) COST OF ADMINISTRATION.—There is here- proceeds of the loan to an affiliate. faulted. (o) EFFECT OF BANKRUPTCY.—(1) Notwith- by authorized to be appropriated such sums as may be necessary to carry out the provisions of When I say defaulted, I am not say- standing any other provision of law, whenever ing just that the borrower would be un- any person or entity is indebted to the United this Act, other than to cover costs under sub- States as a result of any loan guarantee issued section (a). able to pay that face amount. I am say- under this Act and such person or entity is in- (c) AVAILABILITY.—Any amounts appropriated ing that if one looks at the CBO esti- solvent or is a debtor in a case under title 11, pursuant to the authorizations of appropria- mate—which is an estimate of the United States Code, the debts due to the United tions in subsections (a) and (b) shall remain present value of the losses they esti- States shall be satisfied first. available until expended. mate will arrive, remembering that a (2) A discharge in bankruptcy under title 11, The PRESIDING OFFICER. There loss 20 years from now is discounted United States Code, shall not release a person or will now be 1 hour for general debate using the Government’s cost of bor- entity from an obligation to the United States in equally divided. The Senator from rowing—what they concluded was, as connection with a loan guarantee under this Act. Texas. the bill is structured in the House, we Mr. GRAMM. Mr. President, at the were looking at the potential of the SEC. 6. ANNUAL AUDIT. (a) REQUIREMENT.—The Comptroller General end of the last session of Congress, we taxpayers paying 45 percent of the cost of the United States shall conduct on an annual passed a very important piece of legis- of these loan guarantees as a result of basis an audit of the administration of the pro- lation establishing the legal frame- their being defaulted and ultimately visions of this Act. work whereby local television stations not being repaid.

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1930 CONGRESSIONAL RECORD — SENATE March 30, 2000 The Banking Committee, in looking Why is this so important? We are not to someone’s prayer, it would not be at this number, concluded that it pre- talking about making a loan to deliver the answer to the taxpayer’s prayer. sented an unacceptable risk for the electricity to rural America, where we The company that launched that sat- American taxpayer. have a captive customer base, where ellite and invested $1.25 billion in it Sometimes people get confused by someone cannot buy electricity from would lose every customer they had to these estimated CBO costs because the anybody else. We are not talking about someone who could sell for one one- cost often looks low because it is the making a loan to deliver telephone thousandth of their cost. present value of a default which would service to rural America where you ei- Let me say, this isn’t just theo- occur 10 years, 20 years, even 25 years ther buy from the telephone co-op or retical, this is happening every day in from now. you do not have a telephone. We are America. But basically, the CBO analysis of talking about a very risky business The taxpayer would be on the hook the House bill is that we are looking at where there will be no guaranteed rate- for over $800 million of losses. a potential default rate of about 45 per- payer. Nothing in this bill—nothing in This is risky business, which is why cent. law—requires any American living in a the Congressional Budget Office esti- How did we try to deal with that? rural area to buy these services. So mates that the House bill will have a We held a set of hearings where we there is no captive base. When we get default rate of roughly 45 cents out of heard from experts in industry, and we to the discussion of the amendment I every $1 that is loaned. That is risky worked with the Congressional Budget will offer, we are going to be discussing business. Office. We decided there were two ways this in detail because this is very im- We have tried to deal with this by es- we could reduce the probability the portant. tablishing a loan board to exercise due taxpayer was going to end up paying The second important risk is, no one diligence, requiring a private lender, as off these loans. has ever done what we are proposing to it is now written, and an FDIC-insured One way we could do would be to set lender, so basically we are talking up a board that could exercise inde- do. We have one company proposing to use a satellite, which has a directed about an institution that is in business pendent judgment as to the quality of to make money, and they are going to the project being proposed and the beam so that it would send a signal be making loans. They can make loans risks that were involved, and that we into a geographic area, and they are to anybody—to REA or to a private, could put someone who was respon- pretty confident it is going to work. In for-profit company. They know as the sible, who had knowledge of financial fact, they are going to invest over $1 bill is now written, they are going to markets, and who was responsible to billion to build such a system to basi- be liable for 20 percent of that loan. If the taxpayer, in a position to make cally service these top 40 markets in it goes bad, they will lose that money. that judgment. terms of viewership. It is my understanding that we are We concluded we should have a board But the plain truth is, no one has made up of the Secretary of the Treas- ever used that satellite. So while we going to have a series of amendments ury, the Chairman of the Federal Re- hope it will work, while we have reason that assault, in my opinion, these two serve Board, and the Secretary of Agri- to believe it will work, and while the basic protections of this bill. One culture, or their designees—but their fact that somebody is willing to invest amendment, which has been discussed, designees would have to be people who $1 billion in it suggests to me it might is the amendment to let Government were appointed by the President and very well work, we do not know it will lend the money. I totally and abso- confirmed by the Senate. work. It has never been proven on the lutely reject that. If we let Govern- Our first line of defense is the good scale we are talking about. ment lend any of this money, we de- judgment and prudence of the three But there is a second and more fun- stroy the whole foundation of this bill. people on this board. The House would damental risk. It is one that I think, in Our protection is, if Chase Manhattan give that basically to a Government our rush to do something here, we want is lending this money, they are liable agency, but we have rejected that. to look beyond. It is not the risk that for 20 percent of the money. If the loan Our second and, by far, our more im- the technology does not work. goes bad, they lose that money, and portant line of defense is that we do Let’s say we are talking about a sat- somebody will probably lose their job. not guarantee the entire loan. The loan ellite—and our bill is neutral in terms So they are going to be paying atten- would have only an 80-percent guar- of technology—but let’s say someone tion to their business. antee. comes in and asks for a loan of $1.25 On the other hand, if we allow an What this means is, when a private billion to build and launch and put into amendment which says the Govern- lender makes this loan, they are going orbit a directed beam satellite. Obvi- ment can make the loan guaranteed to be liable for 20 percent. The protec- ously, you have the risk that somehow part directly, we are eliminating some tion we get from that requirement is the system does not work, it is not of the due diligence that is at the very not just that they lose the first 20 per- launched into orbit. Maybe they would heart of this bill and which CBO has cent, and then we lose the other 80 per- buy insurance. I assume a lender would scored as lowering the cost of this loan cent, if the loan goes bad—that is im- require that. Maybe it would work; by $100 million. portant; and we guarantee that the maybe it wouldn’t work. The second proposal that is going to taxpayer is protected first, unlike the But let’s say it does work. The big- be made, a proposal I am going to ac- House bill—but what we get is far more gest risk you face in dealing with new cept but with a very important amend- important because with a private lend- technology is we have no guarantee, ment, relates to the CFC, which is the er, if they are liable for 20 percent of that if someone borrowed $1.25 billion Cooperative Finance Corporation. This the money, they are going to perform and we guaranteed 80 percent of it is basically a captive lender of the their due diligence, they are going to —and it worked perfectly—that 2 years REA. It is an entity that is given tax scrutinize this loan, and they are going from now some young computer genius, exemption. Why is it given tax exemp- to realize that if the loan goes bad, getting a degree in computer science at tion? It is given tax exemption because they are going to lose 20 percent of the Texas A&M, might not develop a tech- it is serving a public purpose: it is a money they have lent. nology that would use the Internet to lending institution that historically As we initially wrote this bill—in deliver the local TV signal and would has lent money to REAs to provide fact, the language of the bill as re- do it at one one-thousandth of the cost telephone service and electric power. ported out of the Banking Committee I of this satellite. The important difference between a will amend in our first amendment I say to my colleagues, if that hap- loan to provide telephone service or today in an effort to reach a com- pened, obviously, it would be a godsend electric power and a loan to launch a promise—the logic was that we would for rural America because then every- satellite or to invest in an unproven have a private lender. The language of body would have local television, and technology is twofold. One, we have the bill requires that they be FDIC in- they would have it inexpensively, but been doing phones a long time. We have sured, that they would make the loan, it would not be a godsend for the tax- been generating power for over 100 and that they would be liable for 20 payer because we all know that if that years. We know how to do it. There is percent of the cost. happened, which would be the answer no uncertainty about the technology of

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1931 telephones and power generation in a to get the final number—25 million Mr. SARBANES. Mr. President, I will traditional sense. Americans who are captive ratepayers. be very brief because Senator JOHNSON Second, in these activities, they have They are customers of REA for tele- is going to handle the time on this captive customers. Where I am an REA phone and for electric power—one or side. He has been very intimately in- customer, I can’t buy power from any- the other and, in some cases, both. If volved in shaping this legislation and body else. So if a mistake is made, the rating of the CFC in borrowing has done an outstanding job and I there is an easy way to cover it up— money to lend principally to co-ops is think made a major contribution. raise my rates. There won’t be an easy diminished by making this loan, every The bill that is now before us is a way to cover up a mistake here because ratepayer of every co-op in America consequence of a unanimous consent there won’t be any captive ratepayer will end up paying more because this agreement that was reached last year. whose rate can be raised. happened. We want to prevent that Much discussion took place within the Let me make it clear, I have the from happening. I am going to argue committee. As a consequence, we were highest opinion of the CFC. I think it all day long, if I have to, that we able to move considerably closer on has done a great job. It was chartered should not imperil 25 million Ameri- many of the issues that divided Mem- and given a tax subsidy to do that job cans who are captive ratepayers by al- bers when we first addressed S. 2097. In in the public interest, and I think it lowing CFC to get into a risky business fact, I think it is fair to say, with the does that job well. But I believe we are that can push down their credit rating. exception of the issue Senator JOHNSON taking an unnecessary risk in letting What I am proposing and will propose will raise on the floor, we have a con- the CFC make these loans. I am willing in the first amendment, when the gen- sensus product before us that we can to do that as part of an effort to have eral debate is over, is that we let CFC move through in short order. a bipartisan compromise but only make the loans but that the board has We seek a loan guarantee program under the following circumstances: to find that, in making the loans, CFC that will provide comprehensive tele- No. 1, what we are being asked to do is not going to downgrade its credit- vision service for the American people is take out of the bill the requirement worthiness, and in the process impose at the best possible price. We are par- that the lender be FDIC insured. When new costs on ratepayers. ticularly concerned about rural Ameri- we do that, we open up this whole proc- Finally, if their creditworthiness cans who have either no access or inad- ess to institutions that we may never does decline, then they would be re- equate access to local television serv- have considered. So we have two sort of quired, in an arm’s length transaction, ice. We seek to obtain that for them at boilerplate requirements. One is, if it is to sell this note on the open market. I an affordable price and yet, at the a traditional financial institution, they think these are important require- same time, protect the American tax- have to meet two requirements: First, ments. payer as we move forward with the no self-dealing; that is, they can’t lend Someone may argue that the CFC loan guarantee program. Obviously, the money to themselves, so to speak; has engaged in providing television you have to strike the right balance and, second, they have to meet the nor- services. That is a real stretch because among these objectives. I think the mal capital requirement, which is, you what really happened is the co-ops bor- bill, with the Johnson amendment, can’t lend more than 10 or, in some rowed $100 million to enter into a con- with the proposal of the very able Sen- cases, 15 percent of your capital to any tract with Direct Television where ator from South Dakota, would accom- one borrower. they were the marketing arm of Direct Now, for the CFC, we don’t impose— plish that. Television. As it turns out, over 80 per- The chairman has gone over some of in the final compromise I offered last cent of what they were doing, they night—the 10-percent loan to one bor- the specific provisions of the bill. I have subsequently sold off to a private think it is important to note that the rower restriction. I would prefer it, but company named Pegasus that is a long board we are providing, which will I know that some of my colleagues are way from launching a satellite and en- grant the loan guarantees, is made up opposed to it because CFC is opposed to gaging in this business. it. Let me sum up. from the Federal Reserve, the Treas- What we require is the following: To I think we have put together a well- ury, and the Department of Agri- be sure we are talking about CFC and crafted bill. To this point, this bill culture. The day-to-day administration not some other Government or some costs $100 million less than the House of the program would be done by the other nonprofit entity that none of us bill. It is still risky business. Let’s re- Rural Utilities Service, which would have thought about, we say that to member that if this loan is defaulted, also write the regulations, subject to qualify, a nonprofit institution must rural America is probably going to lose the approval of the board. The Rural have one of the three highest credit its television service. Utilities Service is the most experi- ratings on a long-term bond. Some peo- I hope my colleagues will look at the enced agency in the Federal Govern- ple have gotten confused between a amendment I have offered, and I hope ment in dealing with this type of in- credit rating on a long-term bond and a it can be accepted. vestment in rural areas. Therefore, we credit rating on any commercial paper. I thank all members of the Banking think they have a clear understanding Almost any institution can issue a 30- Committee, Republicans and Demo- of what is involved. day note that will be AAA rated. We crats, for the bipartisanship we had in The guarantee level provided in the are talking about lending for 25 years committee. legislation is 80 percent. That differs, here, so the fact that somebody can get I thank Senator CONRAD BURNS. I of course, from the House bill. It is de- a good rating for short-term borrowing, thank him for his leadership. There is signed to provide some additional safe- what we want to know is their rating no question that we would not be here guards. We also worked to ensure that for long-term lending. That is what is today were it not for his persistence. I the legislation would give priority to significant. also thank him for not only trying to the projects seeking to provide services The first requirement is that those get television signals to rural America to areas in this country that are nonprofits that can participate must but trying to do it in the right way. It unserved and underserved, as we move have one of the top three ratings and is very easy when you are trying to toward trying to provide a universal the Cooperative Finance Corporation deal with all the groups that hope to service. qualifies. benefit from some program such as this Senator JOHNSON led the effort on our The second requirement, which I to just throw caution to the wind and side. We were markedly assisted by think is of equal importance, is that say don’t worry about the cost. I thank Senator BAUCUS, Senator HARKIN, and the board must find that by making Senator BURNS not only for the leader- many others. I know there are a num- this loan the Cooperative Finance Cor- ship in seeing that we are writing this ber of Senators on the Republican side poration will not see its credit rating bill, but for his leadership in seeing of the aisle, too, who come from rural decline, that in making the loan they that we are doing it right. areas who are very deeply concerned are not jeopardizing the good credit With that, I yield the floor. about this issue. they have. The PRESIDING OFFICER (Mr. BUN- Let me touch on the one important Why is that important? We have, as NING). The Senator from Maryland is improvement that I hope will be made best I can estimate—and we are trying recognized. to this legislation, and that is the

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1932 CONGRESSIONAL RECORD — SENATE March 30, 2000 Johnson initiative. The bill, as it is satellite companies are for the first with 20 percent of the project at risk, now before us, requires that the lenders time free to broadcast local network will screen applicants so only the involved in this program be FDIC in- broadcasting into local markets. What soundest, most viable proposals are sured. That is the requirement in the we are doing today will make that ben- funded. bill as it now stands. Many believe this efit a reality for Americans who live With this program, we can take a is unnecessarily restrictive, that there outside the largest 40 television mar- giant step for rural America. All of our are a number of other lenders and, in kets across America. citizens will be enabled to follow local particular, the National Rural Utili- As do many colleagues, I represent a events. In states like South Dakota, ties’ Cooperative Finance Corporation, State with rural viewers who should wide stretches of area are not served by the CFC, which would be barred from not be left out of the information age. any form of local programming; this participating in the program as the bill South Dakota is one of the 16 States bill for the first time makes that pos- now stands. that do not have a single city among sible. Senator JOHNSON is intending to ad- the top 70 markets. Without this loan There is one area where the bill could dress that issue. Actually, the lender guarantee, markets such as Sioux Falls be improved. The bill in its current we are talking about—the Cooperative and Rapid City simply will not get form requires that lenders be FDIC in- Finance Corporation—is extremely local service, despite the fact there is a sured to participate in the program. well capitalized. It has over 11 percent great need for the reception of that This would effectively eliminate rural shareholders’ equity capital, which is local broadcasting. electric cooperatives and telephone better than 9 of the 10 largest banks in This proposal is about more than just systems from participation in the pro- the country. The credit rating agencies providing sports or entertainment program. This limitation excludes private fi- rate CFC’s debt as high as any of the gramming over local channels. It is a nance corporations that have years of largest federally insured banks and critical way to receive important local experience lending to rural utilities higher than most. So by these market news, public affairs, storm informa- (including institutions that have years standards, they are an extremely tion, road reports, public safety, school of experience in lending guaranteed strong and well-managed financial in- closings, and so on. Rural Americans loans). It would also exclude institu- stitution. I see no reason to exclude it need the same opportunity to access tions with billions of dollars of assets, from the program. I think we can ad- their local networks as do our urban that operate on a national basis, are just to accommodate this issue. friends, and this legislation would go a highly rated by the rating agencies and I think we can achieve a broad, if not long way toward making that a reality. file with the Securities Exchange Com- total, consensus on this legislation. I I want to thank the chairman of the mission. Banking Committee, Senator GRAMM, think, in fact, including lenders of this The amendment I will be offering is nature in the program will help to en- for his hard work on this important supported by Senators THOMAS and courage the participation of organiza- issue. He correctly raised several issues GRAMS and others. It is bipartisan in which have strengthened this bill, add- tions, such as rural cooperatives that nature. It simply allows qualified lending critical taxpayer protections to the have the most experience in doing busi- ers with experience and expertise in program. I want to thank Senator SAR- ness in rural areas and therefore make these types of programs to participate it more likely that the program will BANES, the ranking member of the in the funding subject to board ap- reach its ultimate goal of universal Banking Committee for his hard work proval, keeping in mind always that service in rural areas. on this legislation as well. everything we do must be approved by As a sign of the support we have for So I am supportive of the legislation the Federal Reserve, Treasury, and this package, I have agreed with Sen- with this change that we will seek to USDA. As an example, Cooperative Fi- ators GRAMM and SARBANES to oppose make. I think it meets all the ques- nancing Corporation is AA rated and tions and concerns that have been all amendments to the bill with one ex- considered to be ‘‘the best investment raised in a balanced and straight- ception. I will be offering shortly an in the high quality electric utility sec- forward manner. Again, I thank Sen- amendment to correct a significant tor’’ by Shearson Lehman. These are ator JOHNSON for his leadership on this flaw in this bill. Other than that one the types of lenders that should be po- issue, and I commend all the members change, I believe we have produced a tentially part of this program. of the committee, the chairman and all substantive bill that will produce this I encourage my colleagues to support the members on his side, and on our service to all Americans without re- rural America by making S. 2097 more side, who worked closely together to sorting to risks for the American tax- likely to successfully provide local to try to work out agreeable solutions to payers. local to smaller markets. My amend- most of the concerns that have been S. 2097 provides an 80 percent guar- ment provides, but does not mandate, expressed. antee of projects to bring local to local alternate financing options. The pur- I think if we can address this one re- to all markets. The remaining 20 per- pose behind the change is to allow par- maining concern on the floor in a posi- cent will be private capital provided by ticipants in the program to seek the tive and constructive way, we will have qualified lenders. These private capital lowest possible interest rate. Those done a good piece of legislative work will bring market discipline to the pro- dollars saved on interest make the pro- and will be able to move this issue for- gram. No entity will fund a project it gram more likely to succeed, and im- ward. has not scrutinized, that it does not be- prove the viability of the program, Mr. President, I will yield the floor. lieve will succeed. making it more likely the loans will be Senator JOHNSON will manage the re- We have created an oversight board repaid without recourse to the guar- mainder of the time of the debate on consisting of the Federal Reserve antee. this side of the aisle. Chairman, the Secretary of the Treas- This issue has aroused the greatest The PRESIDING OFFICER. The Sen- ury, and the Secretary of Agriculture. level of constituent concern in quite ator from South Dakota is recognized. This board will review loan applicants some time in my State. With this Mr. JOHNSON. Mr. President, may I with a eye toward fiscal discipline. The amendment to S. 2097, we will provide inquire as to the time remaining on Fed and Treasury are especially tasked a fiscally responsible, prudent response both sides? with ensuring that the taxpayer dollars to the concerns raised by thousands of The PRESIDING OFFICER. The Sen- are protected. They will look carefully our constituents. The issue which Sen- ator from Texas has 6 minutes. The at the proposals and support projects ator GRAMM has ably outlined this Senator from South Dakota has 22 that will work. The USDA brings ex- morning is in response to a concern minutes. pertise in rural America to this ven- Senators THOMAS and GRAMS and I also Mr. JOHNSON. Mr. President, I yield ture. The experience of the Rural Utili- share but to which we take a different myself 15 minutes. ties Service, with its $40 billion loan approach. Mr. President, I rise today in support portfolio and phenomenally low default The view of those of us who will be of S. 2097, which will help provide local rate, will make this a sound venture. offering our amendment as a second- broadcast coverage for all Americans. The combination of these experts degree amendment, I believe, to Sen- Under legislation we passed last year, plus the market discipline of a lender ator GRAMS’ amendment would be to

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1933 recognize that institutions that have I thank the Senate Banking Com- northwest Missouri. I have made this years of experience in lending to rural mittee for their commitment in bring- speech many times. Had it not been for electric and telephone cooperatives ing this issue to the Senate floor as the Rural Electrification Administra- should not be excluded from participa- fast as they possibly could. Their word tion, we would be watching television tion. has been good, and by working with the by candlelight. That is fact. We were in Our amendment simply allows quali- Agriculture Committee and also a lot rural areas. We would never have seen fied lenders that have experience and of us individually, the Banking Com- the build-out of electricity or power to expertise in these kinds of programs to mittee has helped us build a better bill our farms and ranches. participate subject to board approval. than we had last year. We have to take the same look at It will also require eligible lenders that Providing access to local television smaller markets in television because have at least one issue of outstanding signals is crucial to rural States. With the only support they get is through debt that is rated in one of the three over-the-air broadcast signals and advertising. That advertising is based categories rated by a national statis- cable delivery limited by geography in on viewership, and the profitability of tical rating agency. This will ensure my own State, satellite television has that station is at stake and, with that, that an expanded list of lenders will been a staple of the so-called video the services they provide. I think it is have subjected themselves to rigorous marketplace for many years. Montana pretty important. market discipline. The CFC and other has the highest penetration level of This bill is set up with a three-mem- private lenders have substantial expe- satellite television of any State, at ber board. It offers access. The admin- rience providing multiple million-dol- over 35 percent. istration is very tight, and it also pro- lar loans in cooperative environments When I initially proposed the legisla- tects the taxpayer. Remember, the tax- and provide important protections in tion in this area, I was concerned that, payers’ dollars are at stake. rural areas. without it, only the largest television We will move through the debate on We encourage all of our colleagues to markets in America would receive different amendments that will come support rural America by supporting S. local-to-local service as authorized by up and should be debated. The concept 2097. We are more likely to succeed in the Satellite Home Viewer Improve- of the bill, if passed right now as it is, doing that by providing local-to-local ment Act. These are the profitable cit- is darn good. There are a couple of programming to these smaller mar- ies such as New York and Los Angeles amendments that I think will improve kets. with millions of television households. this piece of legislation. Mr. President, I do not have any ad- But it is not so profitable a venture in Mr. KERREY. Mr. President, I rise ditional Members on the floor at the areas where we have quite a lot of dirt today in strong support of the LOCAL moment with opening remarks. I with- between light bulbs. TV Act of 2000. Last year, Congress hold my time but yield the floor. The issue we will be debating, of passed a law allowing satellite pro- The PRESIDING OFFICER. The Sen- course, will be the amendment offered viders to retransmit local signals into ator from Montana. local markets, but we knew then that Mr. BURNS. Mr. President, I thank by my good friend from South Dakota the large satellite providers had no my good friend from Texas, chairman and the cosponsors. plans to provide ‘‘local into local’’ into of the Banking Committee, and also Let’s talk about the other 140 TV rural areas, completely ignoring Ne- the ranking member of the Banking markets in this country. There are 16 braska and 14 other states. At the time Committee, my good friend from South States, including my own, that do not I strongly supported the inclusion of a Dakota, for his work on this bill. have a single city in the top 70 mar- We offered in the Satellite Home kets. It is time we help those 16 States $1.25 billion loan guarantee program to Viewers Act last year, an amendment gain equal footing with the ones with encourage companies to retransmit in conference that would enable us to more urban populations. Just because local signals in rural areas. Unfortu- help people in smaller markets around they are small doesn’t mean they nately, political wrangling left this im- the country. This would help people to should be left out of the mix when we portant provision behind as we passed receive their local television signal on talk about local to local, because peo- the bill. satellite by facilitating the delivery of ple enjoy their local sports, they enjoy I am pleased that the Senate has ful- these local stations in the gray areas— their local weather, they enjoy their filled its promise to pass a loan guar- the B contour and the C contour where local news. It doesn’t do any good for antee program before April 1, 2000. The reception is poor —in the station’s area anybody who lives in rural Kentucky LOCAL TV Act of 2000 will provide of dominant influence. to watch a station that is based out of $1.25 billion in loan guarantees to com- I chair the Communications Sub- Charlotte, NC. panies to bring local stations into cur- committee of the Commerce Com- We have to find ways of delivering rently unserved areas. Local stations mittee. In Montana, we have great dis- their signal off the satellite. The abil- are vital to a community, broadcasting tances to cover with few people in be- ity to receive local television signals is local news, sports, weather, and emer- tween. Other States share this dif- much more than just having access to gency warnings. A small but signifi- ficulty and also the geographical chal- local sports or entertainment program- cant portion of the U.S. population lenge posed by the mountains. Since ming. It is a critical and an immediate cannot receive local television signals the television signal is line of sight, way to receive local news, weather, and from any means, while as much as half mountains can make the problem of community information. of the population must settle for New providing local coverage for people in Access to local signals is particularly York or Los Angeles news (so-called hard to reach places even harder to critical in rural areas, such as Mon- distant network signals) via satellite. solve. So, how do we do that? How do tana, when we experience flooding and Nebraska has over 270,000 satellite we level the playing field and still pro- other weather situations, including viewers who cannot receive their local vide the compulsory licensing for blizzards. stations through their satellite dishes. cable, and for satellite television users This is very important. The LOCAL This bill will provide the financial and, of course, for those local program- TV Act reflects the belief that the loan backing necessary to support compa- mers? guarantee program should not favor nies to bring local television to all I think we now have before us a bet- one technology, it should be tech- areas of America. ‘‘Local into local’’ ter bill than the one we offered last nology neutral. It is a win-win for con- has become another technology that year. This bill is more complete, be- sumers. It is also a win-win for the tax- urban areas are able to enjoy, while cause it takes into account both the payers, and I urge my colleagues to rural communities get left behind. The agencies that are going to make the support this. I don’t think we have re- LOCAL TV Act will ensure that does loans, and also those who will be bor- ceived more mail on any other subject not happen. rowing the money. It puts some respon- since I have been here. Whenever they I have great confidence in the Rural sibility on each of the parties to make start turning our networks off the sat- Utilities Service (RUS) which is sure, No. 1, that it works and, second, ellite, we get immediate responses. charged with administrating this loan that they assume some of the risk so I look at this the way I looked at guarantee program. Many previous pro- taxpayers’ money is not in jeopardy. REA when I was a lad on a farm in grams launched through RUS to help

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1934 CONGRESSIONAL RECORD — SENATE March 30, 2000 close the gap between urban and rural Mr. GRAMM. Mr. President, I ask ‘‘(IV) for purposes of subclause (i)(I)(bb), areas have proven successful. The pub- unanimous consent that the order for the term ‘net equity’ means the value of the lic/private partnership between RUS the quorum call be rescinded. issued and outstanding voting and nonvoting interests of the entity, less the total liabil- and its borrowers has helped develop The PRESIDING OFFICER. Without ities of the entity, as recorded under gen- electric, telecommunications, and safe, objection, it is so ordered. erally accepted accounting principles for the clean drinking water in rural America. Mr. GRAMM. Mr. President, I think fiscal quarter ended immediately prior to It has also fostered rural economic de- it is now timely for me to offer an the date on which the subject loan is ap- velopment across the nation. I believe amendment. proved;’’. the RUS will administer this program The PRESIDING OFFICER. The Sen- Mr. GRAMM. Mr. President, let me with the same expertise it has dem- ator from South Dakota has 15 minutes try to explain the amendment and onstrated in the past. remaining. what the issue is. I know there are Bridging the so-called ‘‘Digital Di- Mr. JOHNSON. Mr. President, I yield strong feelings on both sides of the vide’’ remains one of my top priorities. back the reminder of my time so we issue. I believe we have worked out 95 It is absurd that some areas of the can proceed with the substance of this percent of the bill to everybody’s satis- country cannot receive high speed legislation. faction. But we now have come down to internet access, local television pro- AMENDMENT NO. 2897 an issue. I really believe that while gramming, or other technologies, sim- (Purpose: To address certain lending there will be extraneous amendments ply because they live too far from a big practices) offered, this and possibly one other city. I will continue to work hard to Mr. GRAMM. I send an amendment amendment might be the only amend- bring the newest technologies into all to the desk and ask for its immediate ments we will be actively debating. regions of Nebraska. The LOCAL TV consideration. Let me first explain what the bill Act of 2000 is an important step in this The PRESIDING OFFICER. The now does. Then I would like to explain direction, so I enthusiastically support clerk will report. the changes my amendment makes, this legislation. The assistant legislative clerk read why I am making them, and then I Ms. COLLINS. Mr. President, I rise as follows: would like to address the overall issue to lend my support for S. 2097, the we are about to debate, potentially The Senator from Texas [Mr. GRAMM] pro- through a second-degree amendment or Launching Our Communities’ Access to poses an amendment numbered 2897. Local Television, legislation of which I through another freestanding amend- am proud to be an original cosponsor. Mr. GRAMM. Mr. President, I ask ment. Mr. President, this legislation is sim- unanimous consent reading of the In the bill as it is now written—as it ply about equity. Should satellite cus- amendment be dispensed with. passed unanimously in committee, tomers in the rural Maine communities The PRESIDING OFFICER. Without even though I knew an amendment was of Lovell and Greenville and Fort Fair- objection, it is so ordered. going to be offered—in order to make a field have the right to receive the local The amendment is as follows: loan that the Federal Government broadcasts of stations in Portland, On page 30, strike line 22 and all that fol- guarantees, you have to be an insured Bangor, and Presque Isle, Maine? lows through page 31, line 3, and insert the depository institution. There has been Should they have the ability to receive following: objection raised to this because of a de- ‘‘(D)(i) the loan (including Other Debt, as their local news, emergency weather defined in subsection (f)(2)(B))— sire on the part of the Cooperative Fi- forecasts, information about school ‘‘(I) is provided by any entity engaged in nance Corporation. This is a captive closures, and the wrap-up of the local the business of commercial lending— lender, for all purposes, for America’s school sports via satellite? My answer ‘‘(aa) if the loan is made in accordance REAs, with a very proud record and is yes, of course, they should. with loan-to-one-borrower and affiliate with a great record of achievement. While Congress authorized the ability transaction restrictions to which the entity The question then is, if we take out of local network stations to broadcast is subject under applicable law; or of the bill that a lender has to be FDIC their local signals via satellite by pass- ‘‘(bb) if subclause (aa) does not apply, the insured—and remember we are having ing the Satellite Home Viewer Im- loan is made only to a borrower that is not the taxpayer guarantee the loan they an affiliate of the entity and only if the provement Act last November, current amount of the loan and all outstanding loans are making—What kind of protections satellite capacity only allows the top by that entity to that borrower and any of do we need for that guarantee to be ex- 40 to 50 television markets to receive its affiliates does not exceed 10 percent of tended? I have offered this amendment, this unique service. Unfortunately, this the net equity of the entity; or really, as an effort at a compromise excludes the Portland, Bangor, and ‘‘(II) is provided by a nonprofit corporation where we take the FDIC lender out but Presque Isle, Maine, markets and the engaged primarily in commercial lending, if where we set specifically three sets of satellite customers within those mar- the Board determines that the nonprofit cor- rules to apply to different lenders. kets who want to view local program- poration has one or more issues of out- The first two have to do with com- ming. standing long term debt that is rated within mercial for-profit lenders. They are the the highest 3 rating categories of a nation- standard kind of constraints you would This last year has been a particularly ally recognized statistical rating organiza- difficult and frustrating one for sat- tion, and that such rating will not decline normally see in any financial trans- ellite customers. We took an important upon the nonprofit corporation’s approval action; that is, they have to meet the step in addressing many of the prob- and funding of the loan; capital requirement which tradition- lems they and local broadcasters have ‘‘(ii)(I) no loan (including Other Debt as de- ally, for banks and S&Ls, has been that experienced by passing the Satellite fined in subsection (f)(2)(B)) may be made by you cannot lend more than 10 percent Home Viewer Improvement Act. We a governmental entity or affiliate thereof, or or 15 percent of your capital to any one are, however, lacking a final compo- a Government-sponsored enterprise as de- borrower. nent. Providing a rural loan guarantee fined in section 1404(e)(1)(A) of the Financial Second, we eliminate the potential Institutions Reform, Recovery, and Enforce- for any for-profit institution to lend to program that is technologically-neu- ment Act of 1989 (12 U.S.C. 1811 note) or any tral, fiscally responsible, and focused affiliate thereof; an affiliate. What we are trying to do on underserved markets will encourage ‘‘(II) any loan (including Other Debt as de- here is ban self-dealing. I do not be- companies to bring important informa- fined in subsection (f)(2)(B)) must have lieve there is any objection to these tion access to my State’s rural commu- terms, in the judgment of the Board, that two provisions, but it is very impor- nities and lead us to a conclusion of are consistent in material respects with the tant that they be in the bill. this important issue. I urge my col- terms of similar obligations in the private Now we get to the controversy. What leagues to pass this important legisla- capital market; do we do about nonprofit lenders? Let ‘‘(III) if a nonprofit corporation fails to tion. me remind my colleagues, institutions maintain the debt rating required by sub- are not nonprofit for nothing. We grant I yield the floor and I suggest the ab- clause (i)(II), the subject loan shall be sold to sence of a quorum. another entity described in clause (i) a very special privilege to an institu- The PRESIDING OFFICER. The through an arm’s length transaction, and the tion when we make it a nonprofit insti- clerk will call the roll. Board shall by regulation specify forms of tution because we dramatically lower The legislative assistant proceeded acceptable documentation evidencing the its costs. And we do it because that in- to call the roll. maintenance of such debt rating; stitution is serving a public purpose.

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1935 In this case, the institution that is tax-exempt entity which is providing and you cannot lend it to the bank. It basically going to be discussed here is credit to rural America, make these has to be an arm’s length transaction. CFC, the Cooperative Finance Corpora- loans. But the board would have to For those lenders, such as Morgan tion. Its public purpose is that it pro- find, in making the loan, that they Stanley, that do not have a capital re- vides funding at a very low cost to our would not lower their credit rating. quirement, we say they have to have REAs that are providing telephone and Why is that important? Why should one. We are not going to guarantee a electric power to rural America. It is we care what the credit rating of CFC loan that Morgan Stanley makes if true that it makes some other loans, is? Because that credit rating affects that loan is more than 10 percent of but the principal purpose for its lend- their ability to borrow money, affects their capital. Why? Because it is risky, ing is REA power and REA telephone. the interest they have to pay, and and if they lose money, it enhances the What we are saying is for these non- since they are in turn lending that chances that the taxpayers will lose profits, since they are carrying out a money to REA providers who have cap- money. Government function, even though tive American customers—25 million of Finally, for nonprofits, we do not they may be chartered as private insti- them—if they do something speculative have a capital requirement, but what tutions, they are chartered with tax and drive down their bond rating, ev- we say is, since we gave this institu- exemption because they are promoting erybody in rural America is going to tion nonprofit status to perform a pub- a public purpose. Therefore, we do have pay more money for electric power and lic purpose—in the case of CFC, to some concern about them. telephones. make loans to electrify and bring tele- Now, if Citigroup or Bank of America The restriction we are imposing is phones to rural America—that if the or Chase makes this loan and it is de- hardly overwhelming. All it says is, board finds that by making this loan it faulted and they lose 20 percent of it, I where we are dealing with a nonprofit is going to drive down their bond rat- am not happy about it—and I am very lender, where the Congressional Budget ing and drive up their cost of bor- unhappy about the taxpayer losing 80 Office has estimated the probability of rowing and, in turn, drive up power percent—but I figure they are in this default is such that 45 percent of the rates and phone rates for 25 million for profit. They know what they are loan will be defaulted under the House Americans, the board will be required doing and what they do to their credit bill, if they want to make this loan, to not guarantee their loan. I hope my rating and what they do to their profit- doesn’t it sound reasonable on behalf of colleagues will look at this provision. ability; that is their business. That is the 25 million ratepayers in rural Let me give an example. Under cur- what for-profit private enterprise is America that we would simply ask that rent market conditions, the 1-year cost about. the board—the Secretary of the Treas- of borrowing for dropping from a AA to I am more concerned about what a ury, the Federal Reserve Board chair- a AA¥ is 5 basis points, or $500,000 on nonprofit corporation does because it is man, and the Secretary of Agri- a $1 billion loan. Over 10 years, that nonprofit and it is carrying out a pub- culture—that they determine that the would be $5 million. It is pretty rel- lic purpose. In the case of CFC, that CFC is not going to see its bond rating evant when one is talking about drop- public purpose is to make loans to go down as a result of making this ping a bond rating. If it just dropped by bring electric power and telephone, and loan? one notch, from AA to AA¥ on a 10- to continually modernize both to rural Why do we care if it goes down? Be- year loan, that 5 basis points will cost America. More important, they are cause if it goes down, every buyer of $5 million. If you drop from AA to BB, lending money to 25 million captive electricity, every buyer of telephone then the cost will drive by a great mul- customers. Why do I say captive? Be- services in rural America, is going to tiple of that. cause if you are buying power from the pay more money. That is why we This is a reasonable issue. It is not an REA, you do not have the right to buy should care. So we say, if the board issue directly involved in this loan, but it from anybody else. If you are buying finds that this is not going to lower it is an issue that, unfortunately, has telephone services through an REA af- their credit rating, they can do it. gotten pulled into it. I hope my col- filiate, you do not have the right to We have a provision that says, if the leagues on both sides of the aisle will buy telephone services from anybody CFC’s credit rating is lowered—and look at this very closely. else, on a hard line anyway. So in mak- credit rating agencies, when they I yield the floor. ing loans, these nonprofits, and prin- change somebody’s credit, say why The PRESIDING OFFICER. The Sen- cipally CFC, are carrying out a public they have changed it, so that if they ator from South Dakota. mandate in providing these services for change it and the reason is this loan— AMENDMENT NO. 2898 TO AMENDMENT NO. 2897 rural America as cheaply as possible. we require the loan to be sold so it can (Purpose: To improve the loan guarantee Why should there be a certain set of move to restore their credit rating. program) rules for nonprofit corporations? Be- I believe this is an eminently reason- Mr. JOHNSON. Mr. President, I send cause they are nonprofit; because they able amendment, and while it does not to the desk a second-degree amend- do have tax exemption; because they bear directly on the loan guarantee, it ment. are supposed to be promoting a public does bear directly on another issue, The PRESIDING OFFICER. The purpose. If Citigroup or Bank of Amer- and that is the well-being of 25 million clerk will report. ica makes a bad loan and it is de- Americans who live in rural America. I The assistant legislative clerk read faulted, people do not have to do busi- represent more of them than any other as follows: ness with them. They can borrow Senator here. I am not indifferent to The Senator from South Dakota [Mr. money from somebody else. But if the CFC taking action that will drive up JOHNSON], for himself, Mr. THOMAS, Mr. CFC makes a bad loan and their credit interest rates and drive up power rates GRAMS, Mr. ROBB, Mr. WELLSTONE, Mr. HAR- rating goes down, then every REA cus- and telephone rates in my State to KIN, and Mr. BAUCUS, proposes an amend- tomer for electric power and telephone, Texans who choose to live in rural ment numbered 2898 to amendment No. 2897. all of whom are captive customers, areas. That is what this amendment is Mr. JOHNSON. Mr. President, I ask would have to pay higher prices; hence, about. unanimous consent that the reading of the public interest in seeing that we This amendment, in responding to a the amendment be dispensed with. protect the interests of those rate- request by Members of the Senate, The PRESIDING OFFICER. Without payers. takes out the requirement that you objection, it is so ordered. How do we protect the interests of have to have an insured lender. That The amendment is as follows: the ratepayers in this amendment? I opens it up potentially to anybody. In lieu of the language proposed to be in- have colleagues on both sides of the We tighten it up in three ways. We serted, insert the following: aisle who want the CFC to be able to say if you are a commercial lender—a ‘‘(D) The loan is provided by an insured de- make these loans. Frankly, if this were bank, for example—you have to meet pository institution (as defined in section 3 of the F.D.I. Act) that is acceptable to the left to me, I would not do it that way. the capital requirements and the loan- Board, or any lender that (i) has not fewer The whole logic of this is for-profit asset ratio that is currently the law, than one issue of outstanding debt that is lending. But in an effort to try to reach and you cannot do self-dealing. You rated within the highest three rating cat- a compromise, we would let CFC, this cannot lend it to your brother-in-law, egories of a nationally recognized statistical

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1936 CONGRESSIONAL RECORD — SENATE March 30, 2000 rating agency; or (ii) has provided financing dict that the credit rating of any lend- credit rating than the vast majority of to entities with outstanding debt from the er will not decline. banks in America. No similar require- Rural Utilities Service and which possess, in CFC raises funds in the private cap- ment is being imposed on banks. I be- the judgment of the Board, the expertise, ca- ital markets through sale of bonds, lieve the idea of requiring a lender to pacity and capital strength to provide financing pursuant to this act and has terms, sale of equity hybrid securities, and by sell loans is not the proper remedy. in the judgment of the Board, that are con- equity investments by CFC owners. All The last point I would make is, I be- sistent in material respects with the terms of these entities have expressed their lieve the exclusion of lenders under the of similar obligations in the private capital confidence in CFC, and that is a real program is an unwise public policy. market;’’. test of the CFC’s strength. The exclusion of lenders under this pro- Mr. JOHNSON. Mr. President, we The CFC has demonstrated over its gram will only increase the cost of have reached concurrence on the core 30-year life that it understands rural funds to borrowers and ultimately to of this legislation, and I commend Sen- energy and telecommunications mar- rural and other TV viewers. ator GRAMM for his work with us on kets. It has done a fine job of evalu- The bill already establishes a sound that matter. We have had bipartisan ating credit risks and has made sound process for the evaluation of projects cooperation. credit decisions. CFC is not a new or applying for financing. This process in- We have one remaining issue in par- untested entity in the marketplace. cludes approval by a board that in- ticular, however, that remains to be re- It may be argued that all CFC loans cludes the Secretary of Commerce, the solved. Senator GRAMM has an amend- are to ‘‘utilities with captive cus- Secretary of the Treasury, and the Sec- ment which opens up the possibility of tomers.’’ This is not true. Many rural retary of Agriculture, advice from CFC financing but under very cir- electric and telephone cooperatives do NTIA, evaluation, underwriting and cumscribed conditions, which I contend have a monopoly position in their serv- analysis by the Rural Utilities Service, are so severe as to make CFC financing ice areas, just as other utilities do. and the commitment of private lenders very unlikely. The question is: What However, in the electric area, deregula- that are on the line to take a very sub- can we do to lower the cost of financ- tion is being implemented in a number stantial risk in the event of default by ing to make this programming avail- of States, and co-ops and other utilities a project funded under this program. I believe that much of what we have able to rural Americans and yet do so in those States are, in fact, facing a accomplished in this legislation—the in a responsible, fiscally prudent man- competitive marketplace. creation of a board and an 80-percent ner? In the telecommunications area, guaranteed loan rather than the 100 The amendment offered by Senator CFC, through its controlled affiliate, percent which, frankly, was the idea GRAMM does essentially three things: the Rural Telephone Finance Coopera- First, it requires that any lender that tive, has made loans to a number of being pushed in the House and which I is a nonprofit, such as a CFC, cannot projects that include highly competi- originally thought might be the way to provide financing under this act unless tive services, including wireless tele- go—we have diminished to an 80-percent guarantee; we have set up a board. the board determines the credit rating phone services, PCS, and CLEC service I think we have a responsible approach of the lender will not decline upon the in rural areas that were previously to this guaranteed loan process. poorly served by incumbent providers. approval and funding of the loan. But I do believe that Senator Second, it requires that nonprofit The question then is: Why add an ad- GRAMM’s amendment would go one step lenders sell any loans guaranteed under ditional layer of bureaucratic review to further to the point of, in effect, mak- this act if their credit rating declines. one class of lenders—CFC and other ing it very difficult, if not impossible, Third, it excludes GSE lenders, such nonprofits—when that level of review for the board and institutions, such as as CoBank, from participating in this is not imposed on other lenders? This a Cooperative Financing Corporation, program. delays implementation in this needed It is inappropriate, I believe, to re- to participate in the program. program, adds costs, and provides a Keep in mind, our amendment does quire the board to make a judgment on competitive advantage to for-profit fi- not require that the CFC be involved at the impact on the credit rating of a nance companies. all. It simply makes it an alternative nonprofit lender, such as a CFC, be- The amendment does not require financing strategy that would be avail- cause, one, it places the burden of proof banks to be within the highest three able for the board, with the Secretaries on the lender to show why its rating ratings categories, and most are not. of Commerce, Treasury, and USDA to would not decrease. Under the proposed Why would this provision be applied evaluate. I have great confidence in amendment, the board would need to to nonprofit lenders and not to for- their leadership. predict future actions of credit rating profit banks? I think if we were to adopt this sec- agencies, and I do not believe this is a I have a chart here which I think is ond-degree amendment, we would be reasonable requirement to impose on a interesting. The bottom line shows the back to what I believe would be a clean governmental board. Cooperative Finance Corporation’s ¥ bill. In reaching the bipartisan com- AA rating under S&P and Aa3 rating I look forward to additional debate. promise in this legislation, I went under Moody, which compares with the Mr. SARBANES. Will the Senator along with the creation of a board. largest banks in America. I think it is yield for a question? This was a good idea on the part of of interest that even if there were a de- Mr. JOHNSON. Yes, I yield to the Chairman GRAMM. It involved the Fed- cline, the CFC would still have a rating Senator from Maryland. eral Reserve, the Treasury, as well as higher than most of the largest banks Mr. SARBANES. It is my under- the Department of Agriculture, to in the United States. standing that the House-committee-re- oversee this lending to make sure we A second point has to do with the reported bill provided a 100-percent guar- have that extra element of prudence. quirement that a lender sell its loan if antee. Is that correct? But I believe it is simply not fair to its credit rating declines. The require- Mr. JOHNSON. The Agriculture Com- put a burden of proof on the board to ment that a nonprofit lender sell a loan mittee in the House of Representatives certify in advance what, in fact, is guaranteed under this act if its credit reported a 100-percent guaranteed bill. going to happen to a rating on the part rating declines is an onerous provision The Commerce Committee, it is my un- of a CFC or another nonprofit. that would cause significant financial derstanding, is working on a bill that Wall Street credit rating agencies stress and costs to the lender. If such a may involve an 80-percent guarantee. make determinations on credit ratings decline in a lender’s rating should Mr. SARBANES. I just want to make on a continuous basis. This is a real occur, a forced sale at that time could the point that in our committee, we world market discipline that is im- result in still further financial losses. agreed to an 80-percent guarantee, posed on lenders by the capital mar- This is basically, I believe, a poi- which I think was, in the end, accepted kets. A board of three people, qualified sonous provision designed to exclude by everyone on the committee, al- as they may be, is not an appropriate nonprofit lenders, such as the CFC. though there were differing views substitute for market discipline. It Even if the credit rating of an AA rated about that question. I think it does makes no sense, I believe, to charge company would decline to AA¥, it provide an important measure of safety this board with the requirement to pre- would still have a significantly higher in considering this matter.

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1937 Secondly, is it correct that if these think—suggested it be sent back for CFC is over 31 years old. I think it institutions, which amendment No. more consideration by the Banking has $600 million worth of capitaliza- 2898 addresses in terms of qualifying— Committee. Indeed, it was. He prom- tion. They have been in the energy and if this amendment carries, the board ised us at that time that this bill telecommunications markets. They are that is being established under this leg- would come forward. He has adhered to mature. What we are saying is that we islation would still have to approve that promise and is out here with it appreciate very much the Senator’s any loan guarantee made by such an now. willingness to allow these kinds of non- institution, is that correct? The other thing on which I agree profits to participate, but our argu- Mr. JOHNSON. That is absolutely with the Senator from Texas is that he ment basically is there are restrictions correct. has divided this responsibility and and regulations here that are not need- Mr. SARBANES. In other words, the there is an 80-percent guarantee. I ed. They are additional bureaucratic institutions, they are only being in- agree with that. There needs to be reviews that are not necessary in order cluded in the sense that they are eligi- someone who has some risk and prom- to accomplish the purpose the Senator ble to submit their proposal to the ises that there will be more attention has set forth. board. It does not mean they can then paid to it. I have agreed with all those I won’t take longer. I am very much go ahead and do these loan guarantees things. in favor of this bill. I hope we will simply on their own. They have to ob- What we are talking about is being move to pass it quickly. I thank Sen- tain board approval in order to do that; able to include a not-for-profit financ- ator JOHNSON and Senator GRAMS for that is, this board of the Federal Re- ing organization that has been involved joining in this effort to make some serve, the Treasury, and the Depart- with rural telecommunications, that changes. I do not think they changed ment of Agriculture. Is that correct? has been involved with rural electric, the policy direction that the Senator Mr. JOHNSON. That is absolutely and, indeed, serves the rural area. Very from Texas takes, and I urge the sup- right. appropriately, that should be port of the second-degree amendment. Mr. SARBANES. Thirdly, I just make considered. The PRESIDING OFFICER. The Sen- this observation. We are allowing FDIC By the way, this is the Cooperative ator from Texas. institutions to do this. But, of course, Finance Corporation, not the Com- Mr. GRAMM. Mr. President, I rise in in a sense, that creates an extra expo- modity Finance Corporation that has opposition to the amendment. sure that one of these institutions been mentioned a time or two. It is not I think, as people try to follow this set up by the Feds. It is a private co-op would not have because the Govern- debate, it often looks complicated, but without Federal support. ment, the taxpayer, would be exposed if they burrow into the real issue, it CFC is adequately capitalized, so it boils down to this: In trying to accom- on the loan guarantee. But, in addi- has actually better ratings than most tion, if the institution itself were to modate those who want the Coopera- of those banks. tive Finance Corporation to participate run into serious trouble, there would Furthermore, as we talk about the in this program, I have taken from the be taxpayer exposure on the Federal requirement that might include in- bill in my amendment the requirement deposit insurance for the depositors of creased costs to rural electrics—rural that the lender be FDIC insured. I have that institution. Is that correct? electrics, by the way, with which I am set out some conditions. For banks, I Mr. JOHNSON. That is right. rather familiar, having worked in that require that they meet a capital re- Mr. SARBANES. Of course, we do not area before I came to the Senate—they have the latter in the case of these in- can get their financing other places; quirement and that they do not engage stitutions. I think we have to exercise they are not captive borrowers from in self-dealing. That requirement is not caution and prudence, but as you have the CFC. in this amendment that would strike pointed out, certainly for the CFC, I think this second-degree amend- my amendment. Under this amend- they rank very well indeed. It seems to ment is one that simply provides more ment, potentially we could have an 80- me they ought to qualify. I think the opportunity for this unit, this non- percent Government guaranteed loan limitations have a great deal of dif- profit unit, owned by rural people, to to some institution that is lending the ficulty connected with them, which the participate in the financing of an effort money to itself. I am opposed to that. Senator has outlined in his statement. to provide rural television, local-to- I am adamantly opposed to that. I I thank the Senator. local television, the kinds of coverage think that is an outrage. Mr. JOHNSON. I thank the Senator we now do not have in Wyoming. If you Under this provision, we could have from Maryland for his leadership on want to see ABC, you have to get your an institution lend all of its capital this issue. He has been of great assist- program from California or from Chi- and the Federal Government is going ance to us. When we ultimately pass cago. We are saying we can provide to guarantee 80 percent of it. Under this legislation, a great share of credit that locally so you can get local news, this amendment which strikes my goes to the Senator. local information. We think that is amendment, some institution some- I also note that the second-degree very important. Of course, that is what where could lend 100 percent of its cap- amendment, which is pending, is a bi- this bill is all about. ital, and the Federal Government is partisan amendment. I express appre- The proposal that is before us and going to guarantee 80 percent of it. I ciation particularly to Senators THOM- that we seek to second degree places don’t think so. Under the amendment I AS of Wyoming and GRAMS of Min- the burden of proof to show that the have offered, I have said that in such nesota for their work and their staffs’ lender’s ratings will not decrease. institutions, we are not going to guar- work on this legislation. Those two Under the proposed amendment, this antee their loan if they are lending Senators share a very great concern for board would need to predict what the more than 10 percent of their capital. access to local programming for rural financial condition is going to be. That This is taxpayers’ money we are talk- residents. I am appreciative of that is a pretty unreasonable requirement ing about. Both of those provisions are kind of bipartisan cooperation on this for this governmental board composed dropped. second-degree amendment. of Cabinet officers or their designees. This amendment does a curtsy to- Mr. President, I yield back. Secondly, of course, Wall Street rat- ward fiscal responsibility in that it The PRESIDING OFFICER (Mr. FITZ- ing agencies make these kinds of rat- says for a lender to qualify, they have GERALD). The Senator from Wyoming. ings, and they will be making it here. to have one of the top three ratings on Mr. THOMAS. Mr. President, I rise to This, after all, is a market function. at least one issue of outstanding debt. discuss the pending second-degree CFC raises its capital in the private You can issue a 30-day note, and al- amendment, of which I am a cosponsor. capital markets through the sale of most anybody can get a AAA rating for First, I thank the Senator from bonds, through the sale of equity secu- their credit for 30 days, but the tax- Texas for his good work in getting this rities, equity investments. So these payer is going to be on the hook for 25 bill moved forward. We remember that things are all a function of the market years. The fact that a borrower could this came up last year when we talked and are tested by the market. We don’t get a good rating for a 30-day note does about the local-to-local broadcasting, need to set up an artificial organiza- not excite me very much, when the and so on. The Senator—properly, I tional effort to do that. taxpayer is going to be on the hook for

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1938 CONGRESSIONAL RECORD — SENATE March 30, 2000 25 years. And that does not even apply since they are performing a public pur- creep as long as it doesn’t cost Texas to the CFC. They don’t have to have pose by lending money to provide elec- consumers of electric power and tele- any capital requirement at all. Every tricity in rural Texas and rural Amer- phone services in rural Texas money. If other nonprofit institution does in ica, I want the board to find that their it is not going to cost them money, I their amendment, but not CFC. credit rating is not going to go down as am willing to let them basically dra- Let me explain the issue of the CFC. a result of making this loan. matically change the business they are The Congressional Budget Office has Now, our colleague from South Da- in. If they make a $1.25 billion loan, estimated that the loan guarantee in kota says, what business is it of ours that is larger by far—twice as big— the House is going to have 45 percent of whether the credit rating of the Coop- than any loan they have ever made. the loan defaulted. The scoring by the erative Finance Corporation goes down Their average loan is less than $20 mil- Congressional Budget Office of the or not? It is my business. It is my busi- lion. I would say that is a pretty dra- House bill assumes 45 percent of the ness because I have over a million Tex- matic change in business. If we are loan guarantee the Federal Govern- ans who buy electric power and/or tele- going to let them do that, all I am ask- ment makes will be defaulted and that phone from rural co-ops that borrow ing is that there be somebody respon- the taxpayer will be left holding the money from the CFC. That is why it is sible—and I would call Alan Greenspan bag. That is what the present value of my business. If they make a bad loan responsible—who is going to look at $350 million is when you are dis- and their credit rating goes down, the their application and make a deter- counting on a 25-year bond. cost of borrowing money to maintain mination as to whether this is going to This is risky business. We are lending electric power and telephone in my drive down their bond rating and cost money on a technology that has never State is going to go up, and my rate- every REA customer in America a worked anywhere. We are talking payers, who are captive—they can’t bunch of money. about totally new technology. I know buy electric power from anybody else The second provision is if, in fact, it there are people running around say- and they can’t buy hard-line telephone does drive down their bond rating, I ing: We are going to have a directed services from anybody else—are going want them to sell it and get out of that beam satellite. Where are they? Show to end up paying more money. That is business. You might say how dare we me one. Where is one working in the why I care. That is why it is relevant. tell them they can’t engage in some of world today? They may work. Now, this is risky business we are en- the most speculative lending in Amer- The point is, this is new technology. gaged in here. All I am trying to do is ica. How dare we tell them that. Well, We are talking about somebody bor- say, if you want the financial institu- the reason we dare tell them that is rowing the money, launching a sat- tion that has historically serviced REA they are tax exempt. We gave them a ellite, for example, using brand new and serviced electric power and tele- very special privilege to do a certain technology, cutting it on, it works. phone—and let me remind my col- kind of work, and that special privilege Maybe it works; maybe it doesn’t leagues you don’t lose money lending was to bring electricity and telephone work. The Congressional Budget Office money to an electric co-op to provide service to America. I know we have let believes this is risky business. They as- telephone or electric power generation. them get into other kinds of business. sume 45 percent of the loan is not going Why? Because you have a captive mar- We let them make a loan so that REAs to be repaid. ket so that if the loan doesn’t work could go into a partnership with Direct I have tried to build in protections, out, you raise the rates—you restruc- Television. But they didn’t put up any and those protections are critical. The ture the loan, you raise the rates to satellite or develop any new tech- most important protection is that a pay it. nology, and they didn’t take any real private lender is on the hook for 20 In this case, if that satellite doesn’t risk. This is big-time risk. percent. go into orbit, whose rates are you So the difference between the two Our Presiding Officer used to be in going to raise? You are going to raise amendments is, first of all, this amend- the banking business. He did not often the rates of people in Texas who are ment, in my opinion, is not very well get an 80-percent Government loan buying electric power. That is whose crafted in that it strikes all of my pro- guarantee, but when he was on the rates you are going to raise. That sat- visions against self-dealing, all of the hook for 20 percent, he paid attention ellite doesn’t work. You don’t have provisions in my amendment—and you to his business because it was his anybody buying its services. They have don’t have to worry about that when money. The guarantee that we are get- a right not to buy them. You are not you are dealing with FDIC institutions ting is that people are going to be going to be able to raise their rates. So because they have those requirements judicious with the part we are not all I am trying to do is say before we already. But those provisions in my guaranteeing. let this lending institution, with a amendment that were struck by this Why do we treat nonprofits dif- proud history, which has done a great amendment are pretty important. If we ferently? What is this issue about cred- job—and I don’t dispute any of that— are going to have the taxpayers on the it rating of nonprofits? Why should Joe this tax-exempt lender that we gave hook for over $800 million, I want to be Brown who lives in San Geronimo tax exemption to electrify America and sure somebody is not lending this Creek, TX, care about the credit rating to provide phone services to America, money to his brother in law, or to an of the Cooperative Finance Corporation before we have them make a loan that affiliate of the company. I don’t under- when he is going to guarantee 80 per- the Congressional Budget Office says 45 stand why those provisions were struck cent of the loan they make? What dif- percent of, under the House structure, by this amendment. ference does it make to him? will be defaulted, before we let them do Secondly, if we have a traditional First of all, why do they have a tax it—why is it so offensive to have, REA lender in the Cooperative Finance exemption at the Cooperative Finance among other people, Alan Greenspan Corporation making loans, I am willing Corporation? Because we gave it to look at their loan and their proposal to let them into this business if they them to promote a public purpose. and try to make an estimate as to want to get into it; though, to the best What was the public purpose? The pub- whether or not making this loan is of my mental ability, I can’t see why lic purpose was to provide electricity going to drive down their bond rating they want in this business. But they to rural America and to provide tele- and drive up the cost of electric power do. They are determined to get into it. phone to rural America and to keep it and telephone services in rural Amer- I am saying, let them in the business, moderate. That is why they have a tax ica? Do we not trust Alan Greenspan to but don’t let them in if it is going to exemption—because they are providing make an honest judgment? drive up the cost of electric power and a public purpose. I don’t understand this issue. It telephone service to rural America by In letting them be involved in an ac- seems to me what we have is a captive driving down their bond rating. tivity where, under the conditions set lender that somehow desperately wants I thought, when we made the conces- in the House, 45 percent of the loan will to get into a business we didn’t give it sion to treat these nonprofits dif- be, according to the estimate of CBO, tax exemption to do. We have a mission ferently by not requiring them to meet defaulted, all I have asked is that this creep here on a gigantic scale. Now, I a capital requirement for the size of nonprofit organization, or any other, am willing to let them do the mission their loans, that the compromise was

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1939 going to be accepted. But it seems to a number of others who want to ad- and commercial lending institutions me that, basically, what we are trying dress this legislation, and I have to re- such as GE Capital and TransAmerica to do is we are trying to go back and turn to the Budget Committee as well to make the loan. These institutions undo all the other stuff we have done for a series of votes—let me observe, have unique knowledge of market risks in this bill because the logic of the bill having listened carefully to the chair- of investing in satellite services. is that we are going to have a private man’s remarks, that I think the dif- The amendment also provides for lender who is going to be on the hook. ferences we have are fairly straight- not-for-profit cooperative lending cor- Now, some people say, won’t the Coop- forward, in a sense. porations to participate in the program erative Finance Corporation be on the On the one hand, our amendment only if the loan can be made and not hook? Who will be on the hook if they says we have already come up with cause the credit rating to fall below an lose $800 million? Who really loses? some safety provisions with an 80-per- AA rating. A lower credit rating could Whose money is it? Well, ultimately, cent guarantee rather than 100 percent, cause rate increases for rural electric who is going to lose is the people who and so on. But what we are suggesting and telephone customers. are buying electric power in America, is that guidelines be adopted by the The Gramm amendment also re- in rural areas, and people who are buy- board, by Mr. Greenspan, by Treasury, stricts all lenders to lend only up to 10 ing telephone services, because they and by USDA. They certainly have it percent of their net equity. This solu- are going to lose a very cheap source of within their prerogative to develop tion ensures that no lender is treated credit because the Cooperative Finance whatever guidelines they feel appro- differentially. Corporation is going to end up losing priate to ensure that the lending prac- The comment was made earlier that its double-A rating. tices are secure and sound from the the board is going to be required to So that is what this whole issue is perspective of the taxpayers. predict the future on the ratings for about. Unfortunately, we have a series The Senator from Texas, rather than the CFC. That is what boards do. They of votes in the Budget Committee, and relying on the Fed, the Treasury and don’t predict the past. They predict the we don’t have proxy voting. It is going USDA, is suggesting that he will im- future. And they have to determine to require Senator JOHNSON, Senator pose guidelines statutorily. We now whether there will be a significant im- SARBANES, and I to be there. have, I believe, the consequence of, in pact on a lending institution. I ask unanimous consent that we set effect, shutting out the CFC from par- Earlier we saw a chart. It pointed out aside this amendment, that we let ticipating in the program. that CFC has an AA rating. And it other amendments be offered in our ab- I think we have a solid piece of legis- showed the other 10 rating agencies. sence, but that we don’t reach a final lation with the Johnson-Thomas- One of the things that emphasis was disposition of any amendment until the Grams amendment. We would then not placed on was the asset size of hour of 1:30. turn to the board as the chief instru- those different institutions. The banks The PRESIDING OFFICER. Is there ment for any further fine-tuning of range in size from $716 billion in assets objection? what kind of provisions might be help- down to $63 billion in assets. CFC has Mr. JOHNSON. Reserving the right ful to them in seeing to it that these $15 billion in assets—one-fourth of to object, and I don’t intend to object, loans are handled in due course and in what the smallest of the 10 banks have. if I might inquire of the Senator so I the proper fashion. Why is this important? We are talk- am clear about this, we have a number I think that is the difference we have ing about a $1.25 billion loan. That is a of Members who would like to speak to between the underlying Gramm amend- pretty significant portion of $15 billion. the Senator’s amendment and the sec- ment and our second-degree amend- We should pay attention to the impact ond-degree amendment. I assume they ment. that it can have on that institution. will have an opportunity in that con- I yield the floor. That is why we have a board to make text. The PRESIDING OFFICER. The Sen- those decisions. Mr. GRAMM. They will. Under the ator from Wyoming. The basis for this legislation is to unanimous consent, any Member could Mr. ENZI. Mr. President, I rise in create incentives for private investors speak on this amendment and on the support of the amendment offered by to use their own risk capital to bring bill, and any Member could offer an- Senator GRAMM, and am also in opposi- local television service to rural areas. other amendment. But there could be tion, then, to the second-degree amend- The Congress decided it was in the na- no final disposition of an amendment ment offered by Senator JOHNSON. tional interest to allow satellite com- until 1:30 when we are back and have The Gramm amendment puts all pos- panies to rebroadcast local television an opportunity to address it. sible lenders on an equal footing. I be- stations to their home markets. The I would prefer, if no one objects, to lieve we must protect the taxpayers. It loan guarantee program is designed to let people offer amendments because is the primary charge for the Banking make that possible in smaller markets, we want to finish this bill today. It is Committee to ensure that this program such as Casper, WY, and Glendive, MT. not going to hurt my feelings if some- does not turn into a source of free It is not being created to give away the body offers an amendment when I am money. The amendment would do that taxpayers’ money. gone. I can read it when I get back and and make the requirements for lending The amendment that Senator GRAMM discuss it. institutions equal regardless of the has offered levels the playing field for Mr. SARBANES. Reserving the right lender. all lenders and addresses the concerns to object, I suggest to the Senator that I have concerns about allowing lend- of the Banking Committee. One of 2 o’clock might be a better time. ers that are active in the farm credit those concerns is how to bring more Mr. GRAMM. Mr. President, I ask programs—Government-sponsored en- lenders into the program and ensure unanimous consent to change the re- terprises—to get into risky business that any potential qualified borrower quest to 2 o’clock. ventures potentially lending to a new can participate. Rural electric coopera- Mr. SARBANES. And then, for clari- satellite TV venture. The CFC and tives borrow through the Cooperative fication, the time between now and 2 farm credit banks focus their lending Finance Corporation. It is a private would be spent either debating what is on electric and telephone loans, as well corporation with an AA credit rating before us at the moment or offering as farm operating and housing loans. that caters to the special needs of rural some other amendment and debating They don’t have experience with electric cooperatives. Historically, that amendment. Mr. GRAMM. That is correct. launching satellites. they lend for electricity and telephone Mr. SARBANES. One of those amend- Where taxpayer money is concerned, projects. A loan to launch a satellite ments might be involved. we can’t just open up the program to and provide local television stations in Mr. GRAMM. That is correct. any lender that has previously partici- rural areas is a much bigger and much Mr. SARBANES. I have no objection. pated in the Rural Utilities Service different risk than an electric project. The PRESIDING OFFICER. Without program. Too much is at stake. There is less guarantee that the service objection, it is so ordered. The amendment would not only allow will attract customers or that the Mr. JOHNSON. Mr. President, if I FDIC-insured institutions to make the launch of the satellite will be success- might take 1 minute—I know there are loan, but it allows investment banks ful.

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1940 CONGRESSIONAL RECORD — SENATE March 30, 2000 The rural language that members of erage, but then they often hear more these issues and to work, as a group, to the Banking Committee have been about New York City, Los Angeles, or pass legislation to help rural commu- working on with the distinguished Sen- Chicago. nities catch up. Just as cable and tele- ator from Texas protects the REA With my amendment, I am trying to phone companies say it does not make members and CFC from taking a bigger make sure Kentuckians and other good business sense to provide service risk than necessary but allows them to Americans living in rural areas get to a few customers in Cumming, IA, for take the risk. It does not give any local news and local programming. In example, we know that without this lender an advantage over any other Kentucky, this problem is made even access rural America will suffer and lender to obtain the guarantee. worse because much of our State is will be left behind in the new digital I believe Congress should make the dominated by media markets from sur- age. You talk about a digital divide. playing field as level as possible for all rounding States, making it even harder There is a digital divide and rural participants. I don’t think it should to get local programming. America is on the short end of that give more potential to those that have I live in northern Kentucky near Cin- divide. cinnati, OH. It is frustrating to con- some Federal connection. Senator We are not just talking about high- GRAMM’s language does that. I urge its stantly hear Ohio news and not be able to find out what is happening in Louis- speed Internet access or reliable tele- adoption. I urge a vote against the sec- phone lines. We are talking about the ond-degree amendment. ville, Lexington, Paducah, or Bowling Green. lack of access to basic local TV pro- I yield the floor. gramming—local weather, local news, The PRESIDING OFFICER. The Sen- In talking with the industry, the sat- local school information for rural resi- ator from Kentucky. ellite technology soon is going to allow for spot beaming to provide local-to- dents and farm families. You would AMENDMENT NO. 2896 local coverage for everyone. I think think it is easy; if you live on a farm (Purpose: To require that the entity, if any, that is great. I encourage them to keep or in a small town in rural Iowa, you that receives the entire amount of the just put an antenna on your house and available loan guarantee shall provide in pushing forward. I also want to make each under-served area or unserved area in sure that if anyone gets the full value get the local weather and news from a each State all the local television broad- of this loan, then they have to provide local TV station. Once again, it is not cast signals broadcast in such State) local programming for local areas. that easy for rural and small town resi- Mr. BUNNING. Mr. President, I have These loans are going to be guaranteed dents. An antenna just doesn’t reach an amendment at the desk. 80 percent by the Federal Government that far. Weather conditions interrupt, The PRESIDING OFFICER. The and taxpayers in Kentucky and other for example. Cable will not extend lines clerk will report. rural States deserve to be considered. outside of metropolitan areas because The legislative clerk read as follows: I am simply trying to look out for of the high cost. As I said, in my home- The Senator from Kentucky (Mr. BUNNING) my constituents. I have a feeling there town, we do not have cable yet. We live proposes an amendment numbered 2896. are other rural States in the same fairly close to a metropolitan area. Mr. BUNNING. Mr. President, I ask boat. I bet they are as frustrated as we The satellite dish came along and unanimous consent that reading of the are when they can learn about New provided relief and access and they amendment be dispensed with. York City politics or the Chicago Cubs sprouted up like mushrooms all over The PRESIDING OFFICER. Without baseball or the latest news in neigh- rural Iowa and rural America. But the objection, it is so ordered. boring States but they cannot find out satellite also has its problems. It does The amendment is as follows: what is going on in their own back- not include what is called ‘‘local-into- On page 33, between lines 11 and 12, insert yards. local’’ programming, into small and I urge adoption of this amendment. I the following: rural TV markets. The satellite dish want to make sure Kentuckians, and (4) REQUIREMENT RELATING TO APPLICANT companies say they do not have the ca- all others in rural States who do not RECEIVING ENTIRE GUARANTEE AMOUNT.—The pacity in their existing satellites. That entire amount of the guarantee available have local broadcasts in their own is what they say. under subsection (f) may not be provided for State, can receive local news from the guarantee of a single loan unless the ap- their State, not just news from an ad- I happen to have a satellite dish on plicant for the loan agrees to provide in each joining State. I urge passage of the my house in Virginia, 12 miles from unserved area and underserved area of each amendment. here. I can turn that thing on any time State the signals of all local television sta- I yield the floor, and I suggest the ab- and get hundreds of channels—many of tions broadcast in such State. sence of a quorum. which are, I think, kind of ridiculous, Mr. BUNNING. Mr. President, this The PRESIDING OFFICER. The but they are there. So they can provide amendment is pretty simple. It says clerk will call the roll. hundreds of channels to customers in that any entity that receives the entire The bill clerk proceeded to call the metropolitan areas, but they cannot $1.25 billion loan under this bill must roll. transmit local TV to the 60 million provide to its subscribers all of the Mr. HARKIN. Mr. President, I ask customers who live outside the big TV local television broadcast signals unanimous consent that the order for markets, they say, without launching which are broadcast in that State. the quorum call be rescinded. more multimillion-dollar satellites. Since coming to the Senate I have The PRESIDING OFFICER (Mr. ROB- Last year, we fought hard to keep in heard from my constituents about sat- ERTS). Without objection, it is so or- the satellite bill a rural loan guarantee ellite TV more than any other issue. dered. More than impeachment, Social Secu- Mr. HARKIN. Mr. President, I am program, one that would make it easier rity, taxes, or anything else. proud the U.S. is the world leader in for companies or nonprofit coopera- That might sound strange, but I con- the advancement of technology, pro- tives to provide local TV to rural cus- stantly hear from Kentuckians who are viding businesses and consumers faster tomers. Unfortunately, it was taken unhappy that they can’t get local news and better ways to work and to com- out at the last minute before the bill and local programming. Believe me, municate. But even though we have was passed and signed into law. Sen- when the University of Kentucky is made great progress in technology, ator GRAMM, the Chairman of the playing basketball, that’s a big deal. much of rural and small town America Banking Committee, has drafted a Kentucky is rural, and a lot of our has been left behind. In the small town rural loan guarantee bill, similar to communities are isolated and hard to of Cumming, IA, where I was born and the one I cosponsored last year, that reach. Cable isn’t an option for them still have a house I live in when I am will go a long way to ensuring that because the cable companies won’t not here, we do not have access. We do rural residents receive the benefit of come—it’s too expensive to wire them. not even have cable yet. So a lot of local television. And they often can’t get a clear sig- people are putting up satellite dishes However, I am concerned about the nal with traditional TV antennae be- as the only way of getting adequate in- provision in the bill that requires all cause of the geography and landscape formation through television. potential lenders in the Loan Guar- of our commonwealth. This has led I joined a Senate rural telecommuni- antee Program to be Federal Deposit many Kentuckians to try satellite cov- cations task force last year to address Insurance Corporation insured. That

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1941 language would exclude several quali- a free market. If private companies do consider legislation to lower the Fed- fied lenders who have previously pro- not want to go out there and build eral gasoline tax. The amendment I vided financing under the Rural Elec- these electric lines to rural America, submit intends to at least consider on trification Act. These institutions in- that is the marketplace. If people liv- that particular measure an increase in clude the Cooperative Finance Cor- ing in rural America don’t like it there the minimum wage in two phases—50 poration, the CFC, and other lenders because they don’t have electricity, cents this year and 50 cents next year. that have the financial strength, the they can move to the cities. If the idea of repealing the gasoline expertise, and the ability to participate Fortunately, those voices were in the tax is to provide some relief for hardin this program for rural citizens. minority. The majority recognized that working Americans, it seems to me the These institutions have had years of because of the sparse population in best way we can provide some relief to experience. They have had a strong rural America, it was going to cost a the 11 million Americans who are earn- record in lending to rural and electric little more for the initial installing of ing the minimum wage is to provide a cooperatives. those rural electrification lines. What modest increase—50 cents this year and I urge my colleagues to approve the happened after that, of course, was be- 50 cents next year—so they have less of Johnson-Thomas bipartisan amend- cause of the electrification of rural an adverse impact, whether they are ment, of which I am a cosponsor, to America we saw new schools go up. We paying for gas to go to work at the allow qualified lenders with experience, saw new factories and plants go up to present time or otherwise dealing with expertise, and a strong reputation in buttress the farm economy in our rural increased costs with which they are these types of programs, to participate areas. We saw colleges being built. faced every single day. in the funding subject to approval. The So all of rural America expanded and I am mindful of some of the recent cooperatives use lenders such as CFC became financially more sound because reports about whether this gasoline re- because it means lower interest rates, of the investment we made up front in duction will have much of an impact, resulting in a more affordable and rural electrification. We face that same in any event, for consumers and work- workable project. kind of frontier right now both in ing families in this country. All one Again, I don’t want to say I am favor- broadband access and also in access to has to do is read what a Republican ing cooperatives or any one over an- local television broadcasting. leader in the House of Representatives other providing local TV in rural areas. That is why I feel so strongly that said about this particular issue when I favor any institution and any tech- these are synergistic. The Dorgan bill he pointed out in the New York nology that would be willing to provide introduced yesterday for broadband ac- Times—this is J.C. Watts: local service to most customers in cess and the Johnson-Thomas amend- If that were not chilling enough to Repub- unserved areas; however, without the ment which is before the body will pro- Johnson-Thomas amendment, we are licans eager to maintain their tenuous con- vide the same kind of long-term, low- trol of the House this fall, other party lead- effectively, legislatively shutting out a interest loans that could be made ers voiced skepticism over the repeal’s im- potential participant interested in ex- available through cooperatives and pact on consumers. tending local TV to rural America. through other institutions to provide ‘‘I don’t know if the tax has any effect on They might win, they might not, but for a better possibility that we will get fuel costs,’’ says Rep. J.C. Watts. ‘‘Supply why should we shut them out of this direct, local-to-local satellite broad- and demand is driving prices right now.’’ process. casting in rural America. That is an interesting and, I think, a I would also like to mention Senator I hope the Senate will review this pretty accurate statement. As a matter DORGAN’s Rural Broadband Enhance- history. I hope the majority of this of fact, included in the fundamental ment Act, introduced yesterday—again body will support the Johnson-Thomas legislation is a study as to whether of which I am a cosponsor. This impor- bipartisan amendment so that rural lowering the cost of gasoline will have tant legislation would help ensure that America can have the same kind of sat- any positive impact on consumers. rural and small town America are not ellite dish reception that we get in On Wednesday, March 15, in the New left behind by the revolution taking rural Virginia 12 miles from here. We York Times, there was a very inter- place in the technology industry that I can get on our satellite dish in our esting article by Paul Krugman of MIT mentioned earlier. The Dorgan bill home ABC, NBC, CBS, Fox, all local talking about ‘‘Gasoline Tax Follies.’’ I would authorize $3 billion for a revolv- from Washington, DC. It costs about will reference part of the article. ing loan fund over 5 years to provide four or five bucks a month. I believe I ask unanimous consent the article capital for low-interest loans to fi- people all over rural Iowa and rural be printed in the RECORD. nance construction of the needed Kansas would be willing to pay four or There being no objection, the mate- broadband infrastructure. I am an five bucks a month to get that kind of rial was ordered to be printed in the original cosponsor of this bill because local television service from their local RECORD, as follows: we cannot sit around waiting for this stations’ satellite so they can know [From the New York Times, March 15, 2000] important technology to come to rural when tornadoes are approaching, bad GASOLINE TAX FOLLIES and small town America on its own. We weather, when schools are closed, and (By Paul Krugman) know from past experience that we other local information they need Teachers of economics cherish bad policies. need to help make it happen. I believe which they otherwise do not get. For example, if New York ever ends rent con- the Dorgan bill will provide the incen- I urge adoption of the Johnson- trol, we will lose a prime example of what tives for companies to expand beyond Thomas amendment. I yield the floor. happens when you try to defy the law of sup- their urban markets. The PRESIDING OFFICER. The dis- ply and demand. And so we should always be The Rural Broadband Enhancement tinguished Senator from Massachusetts thankful when an important politician Act and the Rural Loan Guarantee— makes a really bad policy proposal. is recognized. Last week George W. Bush graciously LOCAL TV bill that is being considered Mr. KENNEDY. Mr. President, I ask on the floor today, are sorely needed in obliged, by advocating a reduction in gaso- unanimous consent to go into morning line taxes to offset the current spike in rural America. They both are akin to business for 3 minutes. prices. This proposal is a perfect illustration what happened in the 1930s with the The PRESIDING OFFICER. Without of why we need economic analysis to figure Rural Electrification Act when we objection, it is so ordered. out the true ‘‘incidence’’ of taxes: The people started to electrify rural America. I at f who really pay for a tax increase, or benefit one time did some research on that. I from a tax cut, are often not those who os- read the Senate debates when the Sen- MINIMUM WAGE AMENDMENT tensibly fork over the cash. In this case, cut- ate was debating whether or not to Mr. KENNEDY. Mr. President, in ting gasoline taxes would do little if any- pass the Rural Electrification Act to morning business, I send an amend- thing to reduce the price motorists pay at provide the long-term, low-interest ment to the desk to S. 2285. the pump. It would, however, provide a wind- The PRESIDING OFFICER. The fall both to U.S. oil refiners and to the Orga- loans through cooperatives to build nization of Petroleum Exporting Countries. rural electric lines to families such as amendment will be received and num- Let’s start with why the oil cartel should mine in rural Iowa. bered. love this proposal. Put yourself in the posi- At that time there was more than Mr. KENNEDY. Mr. President, soon tion of an OPEC minister: What sets the lim- one Senator who got up and said this is the Senate will have an opportunity to its to how high you want to push oil prices?

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1942 CONGRESSIONAL RECORD — SENATE March 30, 2000 The answer is that you are afraid that too fixed number; the inventories on hand plus The price of imported crude oil rose high a price will lead people to use less gaso- the supplies en route from the Middle East. from $10.92 per barrel, for the first line, heating oil and so on, cutting into your Even if OPEC increases its output next quarter of 1999, to over $31 per barrel in exports. Suppose, however, that you can month— this month. In the first quarter of last count on the U.S. government to reduce gas- Which they did, as we heard from the year gasoline prices were, on an aver- oline taxes whenever the price of crude oil announcements in the last couple of rises. Then Americans are less likely to re- age, 95 cents per gallon, and heating oil duce their oil consumption if you conspire to days— was 80 cents per gallon. A year later drive prices up—which makes such a con- supplies are likely to be limited for a couple both have peaked at $1.70. spiracy a considerably more attractive prop- more months. The rising price of gasoline to On Tuesday, the day before yester- osition. consumers is in effect the market’s way of day, OPEC agreed to raise oil produc- Anyway, in the short run—and what we rationing that limited supply of oil. Now suppose that we were to cut gasoline tion over the next 3 months by up to 1.7 have right now is a short-run gasoline short- million barrels a day. But this is far age—cutting gas taxes probably won’t even taxes. If the price of gas at the pump were to temporarily reduce prices at the pump. The fall, motorists would buy more gas. But less than what is necessary to take quantity of oil available for U.S. consump- there isn’t any more gas, so the price at the care of the very serious problems im- tion over the near future is pretty much a pump, inclusive of the lower tax, would posed upon Americans at the gas pump, fixed number: the inventories on hand plus quickly be bid right back up to the pre-tax- for heating oil, diesel fuel for the the supplies already en route from the Mid- cut level. And that means that any cut in truckers, and our whole society beyond dle East. Even if OPEC increases its output taxes would show up not in lower price at the the United States—foreign countries, next month, supplies are likely to be limited pump, but in a higher price paid to distributors. In other words, the benefits of the tax as well—as a result of these cartels and for a couple more months. The rising price of conspiracies. gasoline to consumers is in effect the mar- cut would flow not to consumers but to the ket’s way of rationing that limited supply of other parties, mainly the domestic oil refin- This conduct is reprehensible. If it oil. ing industry. were going on in the United States, it Now suppose that we were to cut gasoline There is a very substantial body of would be a clear-cut violation of our taxes. If the price of gas at the pump were to opinion that agrees with that. If we are antitrust laws. fall, motorists would buy more gas. But talking about enhancements of profits There have been declarations at the there isn’t any more gas, so the price at the of the domestic oil refining industry— international level. The Organization pump, inclusive of the lowered tax, would for Economic Development, consisting quickly be bid right back up to the pre-tax- and that is going to be the result of legislation—we ought to give consider- of some 29 countries, made a declara- cut level. And that means that any cut in tion in March of 1998 that conspiracies taxes would show up not in a lower price at ation to men and women in this coun- the pump, but in a higher price paid to dis- try making the minimum wage, trying in restraint of trade constitute a viola- tributors. In other words, the benefits of the to make ends meet, playing by the tion of international law. tax cut would flow not to consumers but to rules, working hard 40 hours a week, 52 At about the same time, 11 countries other parties, mainly the domestic oil refin- weeks of the year trying to keep their from Latin America made a similar ing industry. (As the taxtbooks will tell you, families together. declaration that conspiracies of cartels reducing the tax rate on an inelastically sup- to restrain trade violate international plied good benefits the sellers, not the buy- There is a more compelling public interest for a modest increase in the min- law. ers.) After a considerable amount of re- A cynic might suggest that that is the imum wage than in lowering the gas point. But I’d rather think that Mr. Bush tax. If we are talking about providing search, we are writing to the President isn’t deliberately trying to throw his friends some relief to the American con- asking him to consider two courses of in the oil industry a few extra billions; I pre- sumers, it seems to me among the litigation going to court. One course of fer to believe that the candidate, or which- American consumers, the ones who are action would be to file suit under ever adviser decided to make gasoline taxes the most hard-pressed in our society, United States antitrust laws, because an issue, was playing a political rather than these conspiracies of cartels in re- a financial game. are those who are earning the minimum wage. If we are interested in pro- straint of trade have an economic im- There still remains the argument that the pact on the United States. There is only good tax is a dead tax. This leads us viding such relief, we ought to at least into the whole question of whether those address their particular needs. ample authority for the Government of huge federal surplus projections are realistic That is what this amendment will do, the United States to proceed in this (they aren’t), whether the budget is loaded and that is the reason I have filed it. way. with fat (it isn’t), and so on. But anyway, the I yield the floor, and I suggest the ab- Suits were filed by private parties in gasoline tax is dedicated revenue, used for sence of a quorum. 1979 in the Central District of Cali- maintaining and improving the nation’s The PRESIDING OFFICER. The fornia. The Court of Appeals for the highways. This is one case in which a tax cut clerk will call the roll. Ninth Circuit concluded in 1981 that it would lead directly to cutbacks in a nec- would be inappropriate for a U.S. court essary and popular government service. You The assistant legislative clerk pro- could say that I am making too much of a ceeded to call the roll. to pass on that subject because inter- mere political gambit. Gasoline prices have Mr. SPECTER. Mr. President, I ask national law was not clearly defined at increased more than 50 cents per gallon over unanimous consent that the order for that time. But there have been signifi- the past year; Mr. Bush only proposes rolling the quorum call be rescinded. cant developments in international law back 1993’s 4.3-cent tax increase. The PRESIDING OFFICER. Without since that 1981 decision by the Court of But the gas tax proposal is nonetheless re- objection, it is so ordered. Appeals for the Ninth Circuit so that, vealing. Mr. Bush numbers some of the Mr. SPECTER. I ask unanimous con- in my judgment, the opportunities world’s leading experts on tax incidence would be excellent to win this case and among his advisers. I cannot believe that sent that I may speak for up to 10 min- they think cutting gasoline taxes is a good utes as in morning business. certainly well worth the effort. economic policy in the face of an OPEC The PRESIDING OFFICER. Without The Dear Colleague letter which we power play. So this suggests a certain degree objection, it is so ordered. are submitting has a second aspect, of cynical political opportunism. (I’m f and that is a recommendation to the shocked, shocked!) And it also illustrates the President that legal action be insti- candidate’s attachment to a sort of knee- CONSPIRACIES OF CARTELS tuted in the International Court of jerk conservatism, according to which tax Mr. SPECTER. Mr. President, I have Justice, perhaps for only an advisory cuts are the answer to every problem. sought recognition to discuss a Dear opinion, that OPEC countries were vio- As a citizen, then, I deplore this proposal. As a college lecturer, however, I am de- Colleague letter which Senator BIDEN lating international law. lighted. and I are circulating today. I expect to I was surprised to see the Inter- have the agreement of at least two national Court of Justice take jurisdic- Mr. KENNEDY. Mr. Krugman writes: other Senators to circulate this Dear tion in a case involving the issue of the Anyway, in the short run—and what we Colleague letter. It is an effort to deal legality to use or threaten to use nu- have right now is a short-run gasoline short- age—cutting gas taxes probably won’t even with the very serious problems which clear weapons in war. I had thought temporarily reduce prices at the pump. The have been caused by the rise in the that such an issue would be what is quantity of oil available for U.S. consump- price of oil as a result of the activities called nonjusticiable law, that is, not tion over the near future is pretty much a of the OPEC countries. subject to going to court. You talk

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1943 about national sovereignty. You talk Under a case denominated Illinois v. (1) A suit in Federal district court under U.S. about nuclear weapons. Such a subject Brick, an indirect consumer cannot antitrust law would be really beyond the scope of sue. But I believe there would be good A case can be made that your Administra- what the International Court of Jus- reason to amend our antitrust laws, tion can sue OPEC in Federal district court tice would decide. But the court did limited to the field of purchases relat- under U.S. antitrust law. OPEC is clearly en- take jurisdiction on that issue. The ing to oil. That is a distinction, be- gaging in a ‘‘conspiracy in restraint of trade’’ in violation of the Sherman Act (15 court rendered an advisory opinion it cause oil is such a critical part of our U.S.C. Sec. 1). The Administration has the would be illegal to either use or threat- economy and such a critical part of our power to sue under 15 U.S.C. Sec. 4 for in- en to use nuclear weapons except in everyday life: for keeping our houses junctive relief to prevent such collusion. self-defense. and offices warm, our general buildings In addition, the Administration should We have also seen, in the last few warm, to supplying gasoline for truck- consider suing OPEC for treble damages years, very significant developments in ers who transport necessary items for under the Clayton Act (15 U.S.C. Sec. 15a), international law with the War Crimes everyday life, and for the gasoline since OPEC’s behavior has caused an ‘‘in- Tribunal for the former Yugoslavia, which is necessary for our automobiles. jury’’ to U.S. ‘‘property.’’ After all, the U.S. where there have been indictments, government is a major consumer of petro- This is where we have been gouged by leum products and must now pay higher prosecutions and convictions for the OPEC conduct. prices for these products. In Reiter v. crimes against humanity. There was Some have raised the question: What Sonotone Corp., 442 U.S. 330 (1979), the Su- also the extensive use of international good would it do to take these cases to preme Court held that the consumers who law from the War Crimes Tribunal for court; what would the remedy be? The were direct purchasers of certain hearing Rwanda. fact is, there are considerable assets aides who alleged that collusion among man- In a surprising case which has cap- from these OPEC countries in the ufacturers had led to an increase in prices tured international headlines for United States which would be subject had standing to sue those manufacturers months, an effort has been made to try under the Clayton Act since ‘‘a consumer de- to attachment. With respect to the suit prived of money by reason of allegedly anti- Pinochet, former leader of Chile, on the in the International Court of Justice, competitive conduct is injured in ‘property’ application of the courts of Spain, al- there would be considerable oppro- within the meaning of [the Clayton Act].’’ though the acts did not occur in Spain. brium in being sued, hauled into court. Indirect purchasers would appear to be pre- Customarily under criminal law, the Nobody likes to be sued, whether an included from suit, even in a class action, prosecution is brought where the acts dividual, a company, or a country. This under Illinois Brick v. Illinois, 431 U.S. 720 occurred. Pinochet was in England. conduct is reprehensible and we ought (1977), but this would not bar the United There was a tremendous amount of liti- to call them on it. States Government, as a direct purchaser, gation there. Surprisingly, there was from having the requisite standing. I do believe, in the final analysis, our One potential obstacle to such a suit is an extension of international law into U.S. laws on antitrust would enable us whether the Foreign Sovereign Immunities areas where conduct is really des- to get a remedy. Actually, the Inter- Act (‘‘FSIA’’) provides OPEC, a group of sov- picable, as are the allegations related national Court of Justice would hold ereign foreign nations, with immunity from to Pinochet. Recently the former dic- out these international pirates to be suit in U.S. courts. To date, there has been a tator from Chad was tried in the courts nothing more than they are, really ruling on this issue in only one case. In Inter- of Senegal on charges of torture and preying on the weak, those who have to national Association of Machinists v. OPEC, 477 violation of human rights. buy the oil at any price. This con- F. Supp. 553 (1979), the District Court for the Central District of California held that the We are looking at a rapidly expand- spiracy and restraint of trade and these ing international picture. I believe we nations which comprise OPEC were immune cartels ought not to be allowed to go from suit in the United States under the ought to be taking every step possible on. FSIA. We believe that this opinion was to deal with these cartels and this con- Mr. President, I ask unanimous con- wrongly decided and that other district spiratorial and reprehensible conduct sent that the full text of the letter to courts, including the D.C. District, can and by the OPEC nations. While they have the President be printed in the RECORD, should revisit the issue. agreed to raise production slightly, we together with a copy of a Dear Col- This decision in Int. Assoc. of Machinists are at their whim for action any time league letter which Senator BIDEN and turned on the technical issue of whether or they see fit to cut back on production, I are circulating. not the nations which comprise OPEC are to extract and extort enormous sums of engaging in ‘‘commercial activity’’ or ‘‘gov- There being no objection, the letters ernmental activity’’ when they cooperate to money from consumers in the United were ordered to be printed in the sell their oil. If they are engaging in ‘‘gov- States and consumers around the RECORD, as follows: ernmental activity,’’ then the FSIA shields world. UNITED STATES SENATE, them from suit in U.S. courts. If, however, This is not a problem for this day Washington, DC. these nations are engaging in ‘‘commercial only. This is a problem which plagued President WILLIAM JEFFERSON CLINTON, activity,’’ then they are subject to suit in the United States, with the long gas The White House, the U.S. The California District Court held lines in 1974, 26 years ago, but I remem- Washington, DC. that OPEC activity is ‘‘governmental activ- ber them well. People lined up for three DEAR MR. PRESIDENT: In light of the very ity.’’ We disagree. It is certainly a govern- blocks waiting in a gas line to get some serious problems caused by the recent in- mental activity for a nation to regulate the extraction of petroleum from its territory by fuel. By the time you got there, the crease in oil prices, we know you will share our view that we should explore every pos- ensuring compliance with zoning, environ- pumps sometimes were out or some- sible alternative to stop OPEC and other oil- mental and other regulatory regimes. It is times it was limited. There is no rea- producing states from entering into agree- clearly a commercial activity, however, for son why we should have to put up with ments to restrict oil production in order to these nations to sit together and collude to this kind of conduct because it does drive up the price of oil. limit their oil production for the sole pur- violate international norms and really This conduct is nothing more than an old- pose of increasing prices. ought to be stopped. fashioned conspiracy in restraint of trade The 9th Circuit affirmed the District This letter does not contain any ref- which has long been condemned under U.S. Court’s ruling in Int. Assoc. of Machinists in erence to actions on a class action law, and which should be condemned under 1981 (649 F.2d 1354), but on the basis of an en- international law. tirely different legal principle. The 9th Cir- basis by consumers. Right now, the After some considerable research, we sug- cuit held that the Court could not hear this antitrust law calls for actions only by gest that serious consideration be given to case because of the ‘‘act of state’’ doctrine, so-called direct purchasers. But consid- two potential lawsuits against OPEC and the which holds that a U.S. court will not adju- eration is being given by a number of nations conspiring with it: dicate a politically sensitive dispute which Senators to an amendment to the ex- (1) A suit in Federal district court under would require the court to judge the legality isting antitrust laws to allow indirect U.S. antitrust law. of the sovereign act of a foreign state. purchasers; that is, somebody who buys (2) A suit in the International Court of Jus- The 9th Circuit itself acknowledged in its gas at the pump. Texaco could sue tice at the Hague based, perhaps, upon an ad- Int. Assoc. of Machinists opinion that ‘‘The visory opinion under ‘‘the general principles [act of state] doctrine does not suggest a OPEC, at least would have standing to of law recognized by civilized nations,’’ rigid rule of application,’’ but rather applica- sue OPEC. There would be the other which includes prohibiting oil cartels from tion of the rule will depend on the cir- considerations that would have stand- conspiring to limit production and raise cumstances of each case. The Court also ing as a direct purchaser. prices. noted that, ‘‘A further consideration is the

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1944 CONGRESSIONAL RECORD — SENATE March 30, 2000 availability of internationally-accepted legal tribunal alone had handed down 91 public in- in oil prices, we know you will share our principles which would render the issues ap- dictments. view that we should explore every possible propriate for judicial disposition.’’ The Court Today, adherence to international prin- alternative to stop OPEC and other oil-pro- then quotes from the Supreme Court’s opin- ciples has spread from the tribunals in the ducing states from entering into agreements ion in Banco Nacional de Cuba v. Sabbatino, Hague to individual nations around the to restrict oil production in order to drive up 376 U.S. 398 (1964): world. Recently, the exiled former dictator the price of oil. ‘‘It should be apparent that the greater the of Chad, Hissene Habre, was indicted in Sen- This conduct is nothing more than an old- degree of codification or consensus con- egal on charges of torture and barbarity fashioned conspiracy in restraint of trade cerning a particular area of international stemming from his reign, where he allegedly which has long been condemned under U.S. law, the more appropriate it is for the judici- killed and tortured thousands. This case is law, and which should be condemned under ary to render decisions regarding it, since similar to the case brought against former international law. the courts can then focus on the application Chilean dictator Augusto Pinochet by Spain After some considerable research, we sug- of an agreed principle to circumstances of on the basis of his alleged atrocities in Chile. gest that serious consideration be given to fact rather than on the sensitive task of es- At the request of the Spanish government, two potential lawsuits against OPEC and the tablishing a principle not inconsistent with Pinochet was detained in London for months nations conspiring with it: (1) A suit in Federal district court under the national interest or with international until an English court determined that he was too ill to stand trial. U.S. antitrust law. justice.’’ (2) A suit in the International Court of Jus- Since the 9th Circuit issued its opinion in The emerging scope of international law was demonstrated in an advisory opinion tice at the Hague based upon ‘‘the general 1981, there have been major developments in principles of law recognized by civilized na- international law that impact directly on sought by the U.N. General Assembly in 1996 to declare illegal the use or threat to use nu- tions,’’ which includes prohibiting oil cartels the subject matter at issue. As we discuss in from conspiring to limit production and greater detail below, the 1990’s have wit- clear weapons. Such an issue would ordi- narily be thought beyond the scope of a judi- raise prices. nessed a significant increase in efforts to We ask you to sign the enclosed letter to cial determination given the doctrines of na- seek compliance with basic international President Clinton which urges him to con- tional sovereignty and the importance of nu- norms of behavior through international sider these two litigation options. As you courts and tribunals. In addition, there is clear weapons to the defense of many na- will note from the letter, the subject is quite strong evidence of an emerging consensus in tions. The ICJ ultimately ruled eight to complicated and is set forth in that letter as international law that price fixing by cartels seven, however, that the use or threat to use succinctly as it can be summarized. violates such international norms. Accord- nuclear weapons ‘‘would generally be con- If you are interested in co-sponsoring, ingly, a court choosing to apply the act of trary to the rules of international law appli- please have staff call David Brog of Senator state doctrine to a dispute with OPEC today cable in armed conflict, and in particular the Specter’s staff at 224–9037 or Bonnie Robin- may very well reach a different conclusion principles and rules of humanitarian law.’’ Vergeer of Senator Biden’s staff at 224–6819. than the 9th Circuit reached almost twenty The fact that this issue was subject to a de- Sincerely, years ago. cision by the ICJ, shows the rapidly expand- ARLEN SPECTER. You should also examine whether the anti- ing horizons of international law. JOSEPH BIDEN. While these emerging norms of inter- competitive conduct of the international oil Mr. SPECTER. Any Senators who cartel is being effectuated by private compa- national behavior have tended to focus more on human rights than on economic prin- may be listening to this or any staff nies who are subject to the enforcement of members, I invite them to call David U.S. antitrust laws (for example, former ciples, there is one economic issue on which state oil companies that have now been an international consensus has emerged in Brog of my office at 224–4254 or Bonnie privatized) rather than sovereign foreign recent years—the illegitimacy of price fixing Robin-Vergeer of Senator BIDEN’s of- states. If such private oil companies are de- by cartels. For example, on April 27, 1998, the fice at 224–5042. We would like to get a termined to in fact be participating in the Organization for Economic Cooperation and good showing and see if we can’t get anticompetitive conduct of the oil cartel, Development issued an official ‘‘Rec- the President to take a really tough then we would urge that these companies be ommendation’’ that all twenty-nine member nations ‘‘ensure that their competition laws position against these cartels which named as defendants in an antitrust lawsuit have so disadvantaged so many Ameri- in addition to the OPEC members. effectively halt and deter hard core cartels.’’ The recommendation defines ‘‘hard core car- cans. (2) A suit in the International Court of Justice tels’’ as those which, among other things, fix The PRESIDING OFFICER. The dis- at the Hague based upon ‘‘the general prin- prices or establish output restriction quotas. tinguished Senator from Arkansas is ciples of law recognized by civilized na- The Recommendation further instructs recognized. tions,’’ which includes prohibiting oil car- member countries ‘‘to cooperate with each tels from conspiring to limit production and Mrs. LINCOLN. Mr. President, I ask other in enforcing their laws against such raise prices unanimous consent to speak as in cartels.’’ morning business for up to 15 minutes. In addition to such domestic antitrust ac- On October 9, 1998, eleven Western Hemi- tions, we believe you should give serious con- The PRESIDING OFFICER. Without sphere countries held the first ‘‘Antitrust objection, it is so ordered. sideration to bringing a case against OPEC Summit of the Americas’’ in Panama City, before the International Court of Justice Panama. At the close of the summit, all f (the ‘‘ICJ’’) at the Hague. You should con- eleven participants issued a joint commu- FUELS TAX REDUCTION sider both a direct suit against the con- nique in which they express their intention spiring nations as well as a request for an ad- ‘‘to affirm their commitment to effective en- Mrs. LINCOLN. Mr. President, I rise visory opinion from the Court through the forcement of sound competition laws, par- today to discuss S. 2285—a bill that is auspices of the U.N. Security Council. The ticularly in combating illegal price-fixing, so flawed I can’t believe the majority actions of OPEC in restraint of trade violate bid-rigging, and market allocation.’’ The wants to end debate on it before the de- ‘‘the general principles of law recognized by communique further expresses the intention bate has even begun, with no com- civilized nations.’’ Under Article 38 of the of these countries to ‘‘cooperate with one an- Statute of the ICJ, the Court is required to mittee hearings, no floor debate, no bi- other . . . to maximize the efficacy and effi- partisan discussion over something as apply these ‘‘general principles’’ when decid- ciency of the enforcement of each country’s ing cases before it. competition laws.’’ One of the countries par- important as the tax base for our high- This would clearly be a cutting-edge law- ticipating in this communique, Venezuela, is way and transportation infrastructure suit, making new law at the international a member of OPEC. needs. This is literally an ‘‘Our Way or level. But there have been exciting develop- The behavior of OPEC and other oil-pro- the Highway’’ bill, and I will choose ments in recent years which suggest that the ducing nations in restraint of trade violates the highway. ICJ would be willing to move in this direc- U.S. antitrust law and basic international As a southerner, I represent a large tion. In a number of contexts, we have seen norms, and it is injuring the United States a greater respect for and adherence to funda- number of farmers and about 1,600 inde- and its citizens in a very real way. Consider- pendent trucking firms. Eleven hun- mental international principles and norms ation of such legal action could provide an by the world community. For example, we inducement to OPEC and other oil-producing dred of those firms are one-truck oper- have seen the establishment of the Inter- countries to raise production to head off ators; 250 operate 10 or fewer trucks. national Criminal Court in 1998, the Inter- such litigation. I’ve got at least seven of the largest national Criminal Tribunal for Rwanda in We hope that you will seriously consider trucking firms in the Nation based in 1994, and the International Criminal Tri- judicial action to put an end to such behav- my State, as well as the world’s largest bunal for the former Yugoslavia in 1993. Each ior. retailer, which operates about 4,000 of these bodies has been active, handing trucks, and one of the largest food down numerous indictments and convictions UNITED STATES SENATE, against individuals who have violated funda- Washington, DC. processors which operates about 1,500. I mental principles of human rights. For ex- DEAR COLLEAGUE: In light of the very seri- am opposed to S. 2285 and should I have ample, as of December 1, 1999 the Yugoslavia ous problems caused by the recent increase the opportunity, I will vote against it.

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1945 First of all, none of the truckers or and the money is simply going to come about with smart, stable, long-term, farmers that operate in my State out of debt reduction, education, and energy policies. would receive any benefits from the out of Medicare reform dollars that are Through the use of petroleum supply bill being discussed today, or any of so needed in the country. enhancements such as energy conserva- the other bills that are based on a re- I have spoken with the truckers in tion, use of renewables, and expanded duction in Federal excise taxes. my state and they have told me that U.S. production we could lessen our de- They are calling this proposal the they need help. And I want to help pendence on foreign oil. We must pro- ‘‘federal fuels tax holiday’’ I can tell them in a way that is reasonable and vide incentives to try to bring our- the Senate that if this bill passes, we will actually reach them. But the way selves away from dependence on oil in won’t be celebrating in Arkansas. this bill is structured no relief will general. We must set out a course to A key point that must have been make it to them. If we really want to promote oil production at home, to overlooked by the authors of this bill is help truckers and consumers effec- promote the use of renewable sources that some States like Arkansas, any tively then we should have a package of energy, and to promote the more ef- reductions in Federal fuel excise taxes that helps them right now and through ficient and cleaner uses of the fossil automatically require a penny-for- the end of the fiscal year. fuels we are still using. penny increase in the State fuel excise In the very short term, we should Mr. President, many of us in this tax. consider a suspension of the heavy ve- body have been pushing for expanded If we could have had committee hear- hicle use tax that is due on every big uses of renewables for quite some time ings on this bill, perhaps the entire rig. This tax break would go directly to and we will continue to do so. This body might know that my State, along the people in need, and it would have a spike in fuel prices demonstrates that with Oklahoma, Nevada, Tennessee, very quick impact. we need to shift our emphasis from re- and California all have provisions that This tax is due on July 1, but it can search to the practical use and applica- will in some way negate any decrease be paid quarterly. Suspending the tion of renewable sources of energy. in the Federal tax by increasing the heavy vehicle use tax would equal Simply put, Mr. President, this knee- state tax. about $550.00 in relief for every truck jerk reaction to high oil prices rep- Many States use the funds they re- on the road, and we wouldn’t have to resents a reckless abandonment of the ceive from the Federal Government wait for the effects of market pricing priorities we brought to the Congress transportation formulas to issue bond- to see relief at the consumer level. last year—Social Security, Medicare, ed debt. They depend on the gas tax to Also, we should consider low-or no- paying down our national debt, and pay for these bonds and to fund their interest loans to help small business educating our children. transportation needs. men and women make it through this I want to do whatever I can to help Smartly, many of the States recog- price spike. In the intermediate my constituents who are dependent on nized that you can’t always rely on the months, truckers, and producers who diesel for their livelihoods, but if we promises you get from Washington. I have been pushed to the edge could find adopt measures to eliminate, albeit am glad that the State legislators of help in load assistance until oil prices temporarily, gas taxes, we will not get my State had the wisdom and the fore- come down. the help to those who need it. sight to anticipate ill-conceived no- Finally, we should consider end-of- When a core business segment of this tions by Congress such as the bill be- the-year formula tax credits that nation is under duress we should ad- fore us today that would put our high- would go directly to the consumers and dress that segment directly. We must way and transit programs at risk. could be directly tied to oil prices get the help to the ground where it is Further, even in those States that which, as I speak, are dropping. needed. In our present situation, we would not automatically increase ex- We are all aware of the recent an- should be pursuing targeted assistance cise taxes, there is no guarantee that nouncements that have been made by in the forms of loan assistance, grants, the consumers would see a price de- the oil exporting countries. Prices are and reasonable tax measures that actu- crease at the pump. These taxes are falling and the price spike is coming ally get to the level of the consumer charged at the wholesale level. down. While we all want to ensure that who need it the most. The only thing this bill offers is a the high prices we have had will not We can’t afford to jeopardize funding ‘‘sense-of-the-Congress’’ clause that drive small business people into bank- for our roads, the stability of Social says to the big business: ‘‘Here you go, ruptcy, our relief package should be Security and Medicare, or the long- have a huge tax decrease; by the way, flexible enough to take falling prices term goal of paying down our enor- we sure hope you guys will pass it on.’’ into account. mous debt. This bill would do just that, Further, there is no credit in the bill Beyond the rash and reckless way Mr. President, and I urge my col- for retail stocks. That means that even that we have come to consider this bill, leagues to oppose the ‘‘fuel tax holi- if this tax reduction were to pass both and beyond the abomination that it is, day’’ bill before the party gets out of Houses and make it past the President there remains the underlying issue of hand, to ensure our roads will be fund- with lightening speed, the gas in retail our nation’s energy policy. This knee- ed and, more importantly, that we go inventories would still be priced with jerk bill is a reaction to a host of prob- about it in a reasonable way and get the tax. There is no telling how long it lems and just because oil prices are relief to the individuals who need it the would take for the fuel that wasn’t starting to come down we should not most. taxed to finally make it to consumers. let this issue fall to the wayside. The PRESIDING OFFICER. The dis- One last thing about cutting the Fed- There is no excuse for the lack of a tinguished Senator from Montana is eral excise taxes on fuels: these are the comprehensive energy policy that we recognized. dollars that go into our highway trust suffer from in this country. The roller Mr. BAUCUS. Mr. President, I thank fund. I know that this bill has some coaster ups and downs of oil prices in the Senator from Arkansas, and I hope statutory hocus-pocus that takes the 1999 and 2000 are evidence that we have that other Senators pay close atten- money out of general revenues, but are been completely reactive to market tion to her and her very persuasive re- we really protecting the highway trust forces and have not established stable, marks as to why legislation that will fund, and Social Security by hopping long-term energy policies. potentially come up in this body to re- from trust fund to trust fund until we It is obvious that no immediate, cost- peal the 4.3-cent gasoline tax is a bad find one that the voters aren’t watch- effective government action could idea. ing? eliminate U.S. dependence on foreign The long and short of it, as the Sen- They say this bill is paid for out of oil entirely, but there are things that ator said, is that the reason for the the ‘‘on-budget’’ surplus. I ask, where we should be doing to help reduce our high gasoline prices is basically OPEC. is that? We don’t even have a budget dependence on oil as an energy source. OPEC made an announcement which resolution, let alone a surplus. I think To help lessen the economic shocks will have the effect of lowering gas we should make sure that a surplus ex- that oil price spikes have created, we prices. I think the 4.3-cent tax is a ists before deciding to spend it. The should couple short term relief provi- phantom reduction. There will not be bottom line is this bill isn’t paid for sions such as the ones I have spoken lower prices as a consequence of the

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1946 CONGRESSIONAL RECORD — SENATE March 30, 2000 proposal. I think the refineries will them. The red dots depict areas where how well the Rural Utilities Service, a keep it and they won’t pass it on. people can get local-into-local cov- branch of USDA, is already serving There are a whole host of reasons. The erage. There are 210 TV markets in our America—the telephone cooperatives, main point that is worth considering is country. You can tell that the red dots and with the power cooperatives that we labored mightily in this body don’t number 210. In fact, they number around the State. RUS is a loan guar- and in the other body a couple years something much less than that. I antor. It guarantees loans for waste- ago to pass a very significant highway might say that number 210 happens to water proposals, for electric distribu- program; we called it TEA 21. Was that be right up here—Glasgow, MT. Butte, tion, transportation, telecommuni- significant? It said that for the first I think, is 167, and there is Billings. We cations, telephone, and distance learn- time all of the Federal gas taxes were have a bunch of TV markets in our ing. It guarantees loans to finance op- going to the highway trust fund, and State, but they are nowhere near where erations to build these infrastructures the highway trust fund would be used the read dots are. all over the country. only for highways. It was a commit- With the passage of last year’s bill, 67 The basic point is a very simple one. ment: People who drive cars and trucks markets will have coverage. Only 67 of We have an organization in place. It is in our country and pay the Federal gas the 210 markets will eventually get serving America well. Why not allow tax or diesel tax will know that tax is coverage and have local-into-local tele- the Rural Utilities Service to, essen- going to the highway trust fund and it vision coverage. Thirty-five percent of tially, be the agency that provides the should stay in the trust fund, with the the homes in my State would receive additional loan guarantees for sat- trust fund dollars to be allocated video programming through satellite. ellites and to give assistance to rural among the States to build and repair Our State flower is the bitterroot, but areas? we have a new State flower now, the our highways. That was it. It was that The underlying bill before us sets up satellite dish, because we in Montana simple. a board to do all of this. I submit that So if the bill that may come before have the highest per capita utilization another board and another level of bu- this body, which the Senator was ad- of satellite dishes—more than any reaucracy does not make sense. We al- dressing, were to be enacted, it would other State in the Nation. Montanans ready have an organization that is break that trust, break that commit- per capita have more satellite dishes. doing it. Also, this RUS organization ment. It would open up the highway It is because Montana is so big. We are has a very good record. In fact, in the trust fund to potentially any purpose. a rural State. There are only about last 50 years, the Rural Utilities Serv- It would just be the camel’s nose under 900,000 people in our State, with about ice has not had one loan loss in its tele- the tent. It would be the first step 147,000 square miles. You can see why communications program—not one. down the slippery slope of taking trust satellite dishes are so important. But That is indicated by the green dots fund money and using it for other pur- because we are so rural and because so scattered throughout the country. poses. Why do I say that? Because part many other States are so rural, we are When we finally pass this legislation, of the amendment is to say, OK, let’s not getting local satellite coverage. It remember that we already have an replenish it with general revenue. We stands to reason because the satellite agency doing a good job. all know ‘‘general revenue’’ is a slip- companies are going to give the cov- I also urge adoption of the pending pery slope around here. We don’t know erage to the greatest markets where amendment offered by Senator JOHN- how much general revenue there is they will make the most money, as SON, which adds the National Rural going to be; therefore, the solidarity of well they should. Companies are there Utilities Cooperative Finance Corpora- the dollars going into the trust fund to get the highest rate of return. So tion as another lender in addition to and dollars coming out of the trust they are going to go where they can FDIC-insured banks. I think it is help- fund to pay for highway modernization make the greater returns, and that is ful to have that availability. We are and new highways has to be kept sac- going to be the cities. more likely to get the financing. It is only fair that the rest of Amer- rosanct. I hope the Senate rejects the I must also say that I hope we in- ica also be wired in. That is why I position to repeal the 4.3-cent gas tax. clude in the underlying legislation a think this bill is so important. It will It is a bad idea. provision which encourages the loan take a few years to accomplish it, but f guarantors at the lending institutions at least we will get there. to finance new satellite operations not What are the reasons for having it? LAUNCHING OUR COMMUNITIES’ only for local-to-local coverage but One is to find out what your local team ACCESS TO LOCAL TELEVISION also to help in the availability of ACT OF 2000—Continued is doing. Here is a chart. This is the Univer- broader bandwidth and higher-speed Mr. BAUCUS. Mr. President, I will sity of Montana Grizzlies. Most folks Internet connections because we have address the pending subject, local-into- like to know how the home team did. If the opportunity now while we are pro- local broadcasting. At the end of the you don’t get local-to-local satellite viding satellite service for local use to last session of Congress, there was coverage, it is pretty hard to know. also say: OK, maybe we should also some talk that in this session of Con- You might be able to find out for New give some consideration to wireless, gress, this year, we would take up fi- York, Denver, or Florida. But when broad bandwidth, and higher-speed ac- nancing to help guarantee local-into- you are from a smaller community and cess to the Internet because clearly local television coverage in rural areas. a smaller town, you only care about that is the way of the future. Many of Frankly, I wasn’t happy with the way the local team. You can’t get it now the urban parts of our country have we were about to leave the last session with satellite coverage in my State of broad bandwidths. It is 10 times more of Congress, so I stood up on the floor Montana and in most places. expensive, but they have it. and tossed a little bit of obstruction Maybe it is not the local team. In addition, many companies are around until we got a firmer commit- Maybe it is weather conditions. Is a competing vigorously to provide this ment that by a certain date we would storm coming? What is the weather re- service all across the country. They are bring up legislation in this body di- port? Our State sometimes has bliz- doing it the good old American way— rected toward financing satellites or zards. Sometimes it snows—not very based on a profit motive. That is great. other entities so that we could provide often. Most people think Montana is That is what built America. But a con- local-into-local coverage throughout awfully cold; that we have a lot of sequence is that rural America often our country. I am very happy now that snow. Montana is really not very cold. doesn’t get near the same coverage as this bill is before us. As a consequence It doesn’t snow that much. But every urban America for the same reason, of the deference of myself and others, once in a while it snows. We kind of that satellite companies are not pro- we are now here. like to know every once in a while viding local-to-local to America; name- Very simply, the need for this is ex- when it is going to happen. So we need ly, because it doesn’t pay nearly as tremely important. This chart shows local notice. Local-to-local is critical well in rural America as it does in markets that aren’t now covered and throughout our country. urban America. will be covered under the basic bill to The final point I will make is dem- I am saying that whoever makes the be passed. There aren’t very many of onstrated by this chart. This shows decision, I hope it is not the board. But

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1947 if it is the board, give them incentives I particularly want to commend my In addition to my two colleagues to provide financing and guarantee fi- colleagues Senators SNOWE and SMITH. Senators SNOWE and SMITH, I would nancing for satellite companies. It Senators SNOWE and SMITH have like to single out a number of others could be perhaps a cable company. It teamed up with me on a bipartisan on a bipartisan basis who helped us. might even be a telephone company basis for more than 15 months to ad- Chairman DOMENICI, for example, was that would provide local-to-local cable dress this enormous need of the Na- one who, in many conversations with service. But also they would be in a po- tion’s older people. me on this issue, talked about the need sition to more quickly provide broad Today in the Budget Committee we to make this program consistent with bandwidth to the same area. took a concrete, tangible step to set in long-term Medicare reform and to That is the sum and substance of place the kind of program that really make Medicare more solvent in the fu- what I hope we do. I think it makes a will provide meaningful relief for the ture. That is an issue that has been lot of sense. Nation’s older people. We did it in a highlighted by Senators DASCHLE, LAU- For those Senators who have some way that will be consistent with long- TENBERG, and CONRAD as well. But the questions about some of these points, I term Medicare reform, a view that is a fact that Senator DOMENICI emphasized am more than willing to sit down and view shared by Members on both sides that in the last couple of days helped try to work out some of the details. of the aisle. It allows for universal cov- us find common ground this morning. Some of the details can be worked out erage and a program that is voluntary. This is a vast improvement on what in conference as well. But let us not let That is to ensure that older people can the House has thus far been able to ac- perfection be the enemy of good. make the choices that are good for complish on this issue of prescription I think these are pretty good ideas. them. drugs. Specifically, the Senate made it They are not perfect, but they are Specifically, what the Budget Com- clear we could launch a prescription good. I urge my colleagues to work to- mittee did is provide legislation that drug program that would offer $40 bil- would allocate $20 billion during the gether to try to incorporate these pro- lion of assistance to the Nation’s older next 3 years to put in place a prescrip- visions. people, a program that would assist all tion drug program, and then make it I thank the Chair. senior citizens. So the Senate was able, possible to add another $20 billion in The PRESIDING OFFICER. The dis- this morning, in the Budget Com- the next fiscal year, which would be tinguished Senator from California is mittee, on a bipartisan basis, to add a fiscal year 2004–2005, as part of an effort recognized. significant amount of additional relief. to ensure solvency, long-term Medicare Mrs. FEINSTEIN. Mr. President, I That was important. reform, and to do it in a way that would like to speak in morning busi- The House did not address the sol- would not cause an on-budget deficit in ness for a time not to exceed 10 min- vency issue and that is what, in fact, those later years. the Senate did. In that sense it is a utes. I have believed for a long time that The PRESIDING OFFICER. Without at a time when more than 20 percent of dramatic improvement. What we did, objection, it is so ordered. our Nation’s older people are spending in terms of the dollars on a bipartisan Mrs. FEINSTEIN. Thank you very over $1,000 a year out of pocket on basis, is today we raised the amount much, Mr. President. their prescription medicine, when we the Senate would make available for The PRESIDING OFFICER. The Sen- have millions of seniors with an aver- the program to $40 billion. Originally ator from California is recognized. age of 18 prescriptions a year, that it is that amount was $20 billion. The fundamental point remains. We Mrs. FEINSTEIN. I thank the Chair. important we put in place, on a bipar- (The remarks of Mrs. FEINSTEIN per- tisan basis, meaningful relief for the addressed this issue by adding more taining to the introduction of S. 2328 Nation’s older people. money than was originally envisaged are located in today’s RECORD under Today, on a bipartisan basis, the in the mark that came out from the ‘‘Statements on Introduced Bills and Budget Committee said the Finance Senate. We were able to do it in a way Joint Resolutions.’’) Committee should report a plan on or that addressed the Medicare solvency Mrs. FEINSTEIN. Mr. President, I before September 1 of this year to help question. The House did not really yield the floor and I suggest the ab- older people with their prescription touch the Medicare solvency question, sence of a quorum. drug medicine to ensure that $20 billion and we think, on a bipartisan basis in The PRESIDING OFFICER. The would be available for fiscal years 2001, the Senate this morning, that was im- clerk will call the roll. 2002, and 2003, and, accompanied by real portant. The legislative assistant proceeded reform of the Medicare Program, there Finally, we know the revolution in to call the roll. could be $20 billion for fiscal years 2004 American health care has essentially Mr. WYDEN. Mr. President, I ask and 2005. bypassed the Medicare Program. A lot unanimous consent that the order for This required, frankly, compromise of these medicines today help older the quorum call be rescinded. on both sides. For example, one of the people to stay well. They help to lower The PRESIDING OFFICER. Without stipulations in what was done by the blood pressure. They help to lower cho- objection, it is so ordered. Budget Committee today was a stipula- lesterol. They are medicines that pro- Mr. WYDEN. I ask consent to speak tion that there could not be transfers mote wellness. They do not just take for up to 15 minutes as in morning of new subsidies from the general fund care of folks when they are sick. As a business. to extend solvency. Frankly, some of result of the work done today, we made The PRESIDING OFFICER. Without my colleagues on the Democratic side a major step forward in modernizing objection, it is so ordered. of the aisle had supported those kinds this program and bringing it in line f of transfers in the past. with the rest of the American health I think after many months of debate, care system. MEDICARE REFORM and certainly a lot of prognosticators I reported on the floor of the Senate Mr. WYDEN. Mr. President, over the saying it was not possible in this ses- recently a case of an older person in last 3 months I have come to the floor sion of Congress to make real headway Hillsboro, OR, who had to be hospital- of the Senate on more than 20 occa- on the prescription drug issue, and, in ized for 6 weeks because Part A of sions to talk about the need to assist fact, to get the job done, what the Sen- Medicare would pay his prescription the Nation’s senior citizens and fami- ate Budget Committee showed this drug bill and he could not afford his lies under Medicare with help with the morning in a very significant break- medicine on an outpatient basis. extraordinary costs so many of them through is that we are now on our way Today, as a result of what the Senate are experiencing for prescription medi- to address the needs of older people. In Budget Committee did, that person will cine. I am very pleased to report some fact, this language would be binding. be in a position to get his medicine on very exciting, positive developments The language adopted by the Budget an outpatient basis. that have taken place in the last few Committee, setting out the parameters They will be able to get help because hours on this issue as a result of the bi- for the adoption of a prescription drug the Senate improved on what the partisan effort in the Budget Com- program for the Nation’s elderly under House has been talking about by put- mittee. Medicare, would be binding. ting more of a focus on solvency, and

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1948 CONGRESSIONAL RECORD — SENATE March 30, 2000 we were able to take the amount of the am very much looking forward—as we care bypass the Medicare program. I program up to $40 billion beyond what bring that legislation to the floor of look forward to defending what was the original discussion had been in the the Senate and it goes to conference done in the Budget Committee on pre- Senate, just $20 billion. and the work in the Finance Com- scription drugs on the floor of the Sen- Finally, we need to understand there mittee—to continue the progress we ate when we get to the budget and is a long way to go from here. We are saw this morning. working with the Finance Committee. going to have to defend what was done Suffice it to say, there were a num- Senators MOYNIHAN and ROTH have by the Senate Budget Committee this ber of moments today when it was like- been very gracious in assuring there morning on the floor of the Senate. ly that it was all going to break down. will be an opportunity for colleagues in Then we will have a conference with Had the Budget Committee reported a both parties to contribute and offer the House. I hope we will come out of significantly smaller sum than was fi- their ideas and suggestions. that discussion with the House ensur- nally agreed on, had we not made the If we can continue to build on the ing there is $40 billion for the prescrip- kind of changes in the Snowe-Wyden- progress that was made today in the tion drug program, that it is possible Smith amendment, we might not have Budget Committee, we will get this to have universal coverage, that it is been able to reach a bipartisan agree- done, and we will get it done before the voluntary, that it is consistent with ment on prescription drugs this year in end of this session. In my view, this Medicare reform, and that it gives the Congress. As a result of what hap- will revolutionize American health older people bargaining power in the pened today in the Budget Committee care and provide meaningful relief to private sector to get more affordable and the important work that was done older people and their families. medicine. on a bipartisan basis, we have laid the Mr. President, I yield the floor and There is a long way to go in the proc- foundation for making sure that before suggest the absence of a quorum. ess. This morning’s breakthrough was this Congress adjourns and goes home The PRESIDING OFFICER (Mr. BEN- just one step in the process. It was a for the year, we have acted to help the NETT). The clerk will call the roll. chance to go forward in a way that is Nation’s older people. The bill clerk proceeded to call the fiscally responsible—$20 billion for the For all of those seniors and for all roll. first 3 years to as the first downpay- the families who are walking an eco- Mr. STEVENS. Mr. President, I ask ment, as Senator SNOWE has character- nomic tightrope, balancing their food unanimous consent that the order for ized it, on prescription drug relief, but costs against their fuel bills and their the quorum call be rescinded. then also to say there will be another fuel bills against their medical bills, The PRESIDING OFFICER. Without $20 billion available in 2004 and 2005 my admonition this afternoon is that objection, it is so ordered. when it is accompanied by reform. we have a long way to go, but today we f We also work to ensure solvency, and really made progress. for the first time, we put real time con- Today, as a result of bipartisan work, LAUNCHING OUR COMMUNITIES’ straints on getting a prescription drug we have an opportunity to ensure that ACCESS TO LOCAL TELEVISION benefit done . by fall, on or before September 1, as ACT OF 2000—Continued As was pointed out yesterday in the the amendment adopted in the Budget Mr. STEVENS. Mr. President, many Senate Finance Committee by Senator Committee requires, we have a proof us worked very hard last year to re- BREAUX, there have been 14 hearings on posal that is bipartisan, that is one authorize and update the Satellite the issue of Medicare reform and pre- which provides meaningful relief for Home Viewer Act. scription drug coverage for older peo- older people, that is voluntary, offers Our principle accomplishment was to ple. Senator BREAUX, along with Sen- universal coverage, and is consistent authorize satellite carriers to provide ator FRIST, has a bipartisan bill sup- with long-term Medicare reform. We local television stations to their sub- ported by a number of Members of the can have that kind of proposal on the scribers. This change has already Senate. floor of the Senate this fall. spurred enormous growth in the sat- What we said this morning in the For the millions of seniors and fami- ellite industry and is providing grow- Budget Committee is that we want the lies who are watching the Congress and ing competition to the cable industry. Finance Committee, on or before Sep- looking to see if we can deliver on this Unfortunately, the satellite pro- tember 1 of this year, to bring us legis- issue, progress was made today. I par- viders—Echostar and DirecTV—made it lation in line with the binding lan- ticularly commend Senator SNOWE and very clear that their business plans did guage offered in the Senate Budget Senator SMITH. Senator SMITH made a not contemplate serving rural areas. Committee under the Snowe-Wyden- very constructive suggestion towards They were very busy, and they were Smith amendment. the end of the markup when we had a very upfront in telling us that they Having come to the floor of the Sen- debate about when the Budget Com- were focusing their energies on the top ate on more than 20 occasions, as I re- mittee was seeking a product from the 40 television markets. lated those stories about older people Finance Committee. Senator SMITH of- So it was clear to Senators like my- who had been put in hospitals because fered a very constructive suggestion. If self who represent rural States that they could not afford their medicine on we can continue to build on that bipar- local-into-local was not going to be a an outpatient basis, older people who tisan progress, we can get this job reality unless we took additional ac- were taking two pills a day when they done. tion to encourage coverage for the 50 should have been taking three, or I believe—and I will wrap up with percent of the population that could breaking their Lipitor capsules—which this—this country can no longer afford watch the service being offered in tele- deals with cholesterol and heart prob- to deny coverage for senior citizens’ vision ads, but couldn’t pick up the lems—in half, I often thought as I left prescription needs under Medicare. I phone and order it. the floor that we might not be able to use those words deliberately. People We still see a lot of ‘‘not available in make the kind of progress we made ask if we can afford to offer the cov- Alaska and Hawaii’’ fine print on ad- today in the Budget Committee. erage. I am of the view that we cannot vertisements. Today, the Budget Committee came afford not to offer this coverage be- They plagued us during telephone together on a bipartisan basis to en- cause the revolution in American days, and now they are plaguing us in sure there would be sufficient funds to health care is about these new medi- this period of rapid extension of new jump-start Medicare reform, provide cines that help people stay well. technology. meaningful relief for the Nation’s older I have pointed out repeatedly that That is where the idea was born to people and their families, while ad- one can spend $1,000 or $1,500 on anti- provide loan guarantees to help make dressing the solvency question and the coagulant medicines that help prevent this service more available to more need for an approach to be consistent strokes and can stop a stroke that Americans. with long-term Medicare reform. costs more than $100,000. All of us owe Senator CONRAD BURNS We have improved on what is being Today, we made very significant a debt of gratitude for pushing this discussed in the House because they do progress in ensuring that no longer issue so hard and for drafting the meas- not have the same focus on solvency. I does the revolution in American health ure that was included in last year’s

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1949 satellite bill. That provision was portunities for the rural communities the needs of this special part of our Na- dropped. that so many states, including our tion must be heard on the Senate floor. While it was unfortunate that this own, share. TED and I have also worked I am not trying to change the main provision was removed from the final together through some of this Nation’s thrust or the intent of this committee- bill, I am pleased that it is here today, most challenging times. During the di- reported bill. My amendments don’t albeit in another form. visive days of the impeachment trial, alter the structure of the bill. My It is my hope the Senate will move Senator STEVENS and I were chosen to amendments simply say that I want quickly to adopt this measure and will fly to Jordan together as representa- the board, which will have the job of resist accepting amendments that tives of one, united Senate mourning approving these loan guarantees for would threaten its ultimate enact- the death of King Hussein. ment. Senator STEVENS is also a strong pro- local-into-local television, to look at I thank the Chair and suggest the ab- ponent of Title 9 and women’s equality one thing. If we are going to have loan sence of a quorum. in sports. In fact, just this year he guarantees for local-into-local tele- The PRESIDING OFFICER. The sponsored the Women in Sports Awards vision, we should give additional con- clerk will call the roll. luncheon where Monica Seles was hon- sideration to the projects that can pro- The bill clerk proceeded to call the ored for her excellence on tennis courts vide high-speed Internet access and roll. throughout the world. I am sure that emergency Weather Service reports to Mr. LEAHY. Mr. President, I ask TED, an avid tennis player, tried to set rural America. unanimous consent that the order for up a game with her himself. If rural America is going to have the quorum call be rescinded. While he is unquestionably a great The PRESIDING OFFICER. Without high-speed Internet access, it is going legislator, Senator STEVENS is also a to have to rely on satellite service; objection, it is so ordered. proud father of six children and has a Mr. LEAHY. Mr. President, I ask cable companies are not going to put beautiful wife, Catherine. Senator STE- unanimous consent to speak as in wire out for it. For most of those parts VENS is an accomplished man with of the country, they are not going to morning business. whom I am proud to serve in this The PRESIDING OFFICER. Without have the kind of fiber optics that United States Congress. Alaska, land of objection, it is so ordered. might do it. But they can do it with the aurora borealis and the Midnight f Sun, has every reason to be proud of its satellite service. SENATOR TED STEVENS— senior Senator and this award shows I hope we will not allow a digital di- ALASKAN OF THE CENTURY Alaskans’ gratitude and respect for his vide between urban America and rural Mr. LEAHY. Mr. President, I wish to tireless work. America. Give us the special access say a couple of words about one of my TED, congratulations on your well- through the satellite system. oldest and best friends in the Senate, deserved recognition as Alaskan of the For example, say the board that is the senior Senator from Alaska, Mr. Century. going to do the loan guarantees has TED and his wife, Catherine, have STEVENS. two equally balanced satellite systems long been friends of myself and my Last week, Senator STEVENS was that might give the same level of serv- named ‘‘Alaskan of the Century.’’ Most wife, Marcelle. I consider him very much a member of the old school— ice, and at about the same cost, but of us feel pretty fortunate if we get one would offer high-speed Internet ac- named for the day, or possibly for the when he gives his word, that is it; go to cess to rural families; I say give that week, and sometimes even the month the bank with it. one the loan guarantee. in our States. He was named ‘‘Alaskan I have seen several pieces of complex of the Century.’’ and important legislation go through In America, there is a growing dis- Well, my good friend, TED STEVENS, this body because TED STEVENS gave parity between the digital haves and deserves that. He has a way about him, his word they would go through—a have-nots as portions of our society get as we all know. He keeps me humble. I word that he never broke with either left behind at the same lightning pace might talk about the hardships of a Republican or Democrat. That is why at which Internet develops. Our amend- cold winter day in Vermont. But then I TED STEVENS has gained so much re- ment closes this digital divide. spect. see his eyebrows go up when he ex- Having broadband, especially in rural plains to me that 40 degrees below zero f areas, can provide opportunities to the is just beginning to get nippy—it gets LAUNCHING OUR COMMUNITIES’ handicapped, to the elderly, to edu- to 75 below in Fairbanks. At that point, ACCESS TO LOCAL TELEVISION cation, and everyone, along with busi- I know I am beat. ACT OF 2000—Continued ness opportunities and entertainment. TED STEVENS is a tireless legislator, Mr. LEAHY. Mr. President, I was a Whether you are sitting on the dirt a respected leader. He helped create conferee last year on the satellite tele- road at my home in Middlesex, VT, the State of Alaska. How many of us vision bill. I worked very hard, along whether you are out in rural Utah, or could actually say something like with a number of my colleagues, to put whether you are in rural California, it that? He actually helped create a State in a provision that would have ensured with his tireless work and brought it means you can have the same kind of the benefits of this bill would be shared Internet business, the same kind of ac- into the Union. He did this having al- by rural America through a loan guar- ready served his country in so many cess to information, and the same kind antee program. of access to educational opportunities. ways. He was in the Air Force in World I appreciate the work of the Banking War II, served as a U.S. attorney in Committee under the leadership of My amendment would ensure that as Fairbanks, and was also an Alaskan Senator GRAMM and Senator SARBANES long as the loan guarantee is to be State representative. And this was on to report out a bill which provides a made, the high-speed Internet access top of so many other things he has strong framework in which to move ought to be financed under the loan done. Today, of course, he serves with forward with this program. guarantee program, if there is excess great distinction as one of the three I appreciate the majority leader, capacity. most senior Members of the Senate and Senator LOTT, and the Democratic All we say is, before the board gives chairman of the Senate Appropriations leader, Senator DASCHLE, who worked a satellite company a loan guarantee Committee. out an agreement with the committee to provide rural satellite service, ask, Senator STEVENS has consistently leadership that put the bill before the first and foremost, Will you provide been a leader for our Nation’s defense Senate today. high-speed Internet access for the peo- issues and has chaired the Senate Senator MAX BAUCUS of Montana in- ple in rural America? If you do, you Rules Committee, Governmental Af- troduced legislation with me last year. have a better chance of being sup- fairs Committee, and Ethics Com- He has now joined with me on some ported. mittee among others. very constructive amendments which I Senator STEVENS and I have served hope can be accepted. I want to provide a little history on together for a long time. As members I am here today to stand with rural this matter. A provision which we of- of the Appropriations Committee, both America. I am proud to be a son of fered to conferees last year would have of us have worked to find economic op- rural America. I know that oftentimes provided up to $1.25 billion in loan

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1950 CONGRESSIONAL RECORD — SENATE March 30, 2000 guarantees to help finance the delivery this, I do not see how the loans could gram should be with the Administrator of local broadcast stations to rural be other than risky. of the Rural Utilities Service. For ex- America. I pushed for that amendment This conversion to digital television ample, references to the Board on page because certain satellite companies also cannot be ignored. I have met with 28 should be struck and the Adminis- were concerned that they could not Jim Goodmon, the CEO of Capitol trator and the Board should work out cost-efficiently provide ‘‘local-into- Broadcasting, on this matter and ap- the regulations together. local’’ satellite service to markets preciate his visionary role and his will- Also, the Board should delegate re- more rural than about the top 60 to 70 ingness to take the lead. Digital TV is sponsibility for loan guarantees of up markets. That meant that bigger cities more than just a crystal clear moving to $50 million to the Administrator. would get the local broadcast tele- picture. Digital TV can use multiple It is also important, to assure that vision service but that rural areas, by channels and datacasting on their sin- this bill is not biased toward the cable and large, would not. gle digital channel to better serve the industry, that spectrum rights be al- Other Senators, not on the con- public. I have been advised that the lowed to be purchased or leased with ference were also vitally interested in same digital bandwidth used to broad- the guaranteed loans. If cable bor- providing this service to rural Amer- cast HDTV can also transmit as many rowers will be able to purchase cable ica. I know that Senator BURNS and his as three video channels and a data sig- and install that cable using the guar- key staffer on this issue Mike Rawson nal on the single digital channel. anteed loans then satellite borrows worked long and hard to get this lan- Thus, during the recent floods that should be able to use the loan proceeds guage included in conference. devastated North Carolina, WRAL– for spectrum rights, which is their me- In addition, Senator BAUCUS intro- HDTV, a digital station in Raleigh, was dium to deliver signals. duced a bill which I cosponsored to ad- able to simultaneously broadcast on I also support the amendment offered dress these rural concerns after efforts one digital channel: coverage of a bas- by Senators THOMAS and JOHNSON that to include it in the conference report ketball game; continuous local news on would allow the Federal Financing failed. flood conditions; the continuous sweep Bank and the National Rural Utilities I do not want to be misunderstood, I of the local Doppler radar showing Cooperative Finance Corporation to want to point out that the leaders of where the rainfall was the most severe participate in these loan guarantee the satellite industry—such as Charlie and the direction of the storm; and, a programs. They could offer borrowers a Ergen of EchoStar who is known for data broadcast alongside the video lower rate than commercial banks and his creative and innovative ideas— services that enabled home computer should not be excluded from this proc- want to provide this local service. access to specific flood, traffic, rainfall ess. In section 4(f) the full $1.25 billion in I want to congratulate Charlie Ergen and emergency information. Jim aggregate for all loans should not be for his recent partnership with iSKY Goodmon and his staff down in Raleigh artificially limited by including other which will offer consumers two-way did a great job during this crisis and I debt in the $1.25 billion. In section 5(h) wireless broadband access via satellite commend them. the Administrator, in consultation along with satellite television service. Thus, I do not want loans under this with the Board, should establish and This broadband access will be 30 times bill to interfere with the rollout under approve the credit risk premiums and faster than current dial-up speeds of the Communications Act. Rural Amer- amounts. 56k according to news accounts. Char- ica deserves digital service along with To ensure that the Administrator lie has often been a leader in this arena urban America. can best protect the interests of the and he has done it again. I want to raise an additional matter. United States the text on lines 3 I also want to point out that in Mon- I am concerned that additional steps through 10 of page 38 should be re- tana or my home state of Vermont, or will be needed to assure full competi- placed with the following: ‘‘after exer- in Alaska, or a Great Plains state, or tion in rural areas and convenience to cising of rights and remedies by the elsewhere, receiving local broadcast consumers. In a nutshell, multiple pro- Administrator any shortfall in the television over satellite is more than viders of satellite service may be need- guarantee amount’’. This would allow entertainment. ed in many areas to provide service to the Administrator working with the Local television provides local rural customers. However, if the set Board to restructure a loan if that weather, local news about emergencies, top boxes and satellite dishes are in- were the best way to protect the gov- and local public affairs programming. compatible with these systems then ernment’s interest. I am very nervous It is a way for residents to better par- competition will be reduced and con- about section 5. ticipate in government and to more ef- sumers will receive fewer services or The Administrator should have more fectively influence local government, have to purchase additional satellite responsibility to manage the program. school board or zoning decisions. receivers at an additional cost of hun- Daily management by a 3-member This bill that we are debating is in- dreds of dollars. board that does not meet daily will not deed very important. This same integration or interoper- work very well. Also, section 5(l) ap- I need to emphasize a very important ability problem exists regarding pro- pears to give state courts jurisdiction point. Section 336 of the Communica- gram and schedule information. Access over the United States. tions Act of 1934 sets forth require- to program and schedule information I am also worried about that unless ments for the rollout to digital tele- would enable third party satellite pro- more flexibility is provided under sec- vision. This bill in no way is intended viders to create integrated program tion 4(d)(2) and (3) that excellent loans to alter or change those requirements. guides. This would enhance consumer for excellent projects will be needlessly Thus, it is imperative for the Board choices and provide more competition. denied because of the timing of when to only approve loans made to finance Resolving these interoperability paperwork is done, or when the FCC a local television signal delivery sys- problems so that multiple satellite TV approves certain regulations, or when tem that will be forward compatible signals, offered by competitors, can be spectrum rights are obtained. Also, the and in compliance with the digital tel- accessed by consumers in a convenient unnecessarily constraining collateral, evision rollout requirements in the and inexpensive way is in the public in- security, insurance and lien require- Communications Act. terest. The FCC should use all its au- ments will make it very difficult for It is thus common sense that appli- thority to resolve these matters. the program to work well. These dupli- cants for loan guarantees under this In addition to the points I have just cative constraints do not provide addi- legislation must be able to show that made, and the amendments I have of- tional protection for the United States. the proposed signal delivery system fered, I want to point out improve- I will urge the conferees to provide a will be forward compatible. Applicants ments in the bill which I hope can be strong oversight role for the Board, should be required to show how their addressed at conference. I believe that greater ability of the Administrator to proposed delivery system can be read- the three-person Board should have manage the day-to-day operations, ily adapted to deliver local television more of an oversight and loan approval more flexibility for the Administrator, signals in a format compatible with the role and less of a day-by-day manage- a more level playing field with respect digital rollout requirements. Without ment role. The management of the pro- to cable TV, and other improvements.

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1951 Mr. President, I yield the floor. Mr. ENZI. Mr. President, I rise to ment loan guarantees and examined The PRESIDING OFFICER. The Sen- speak in support of S. 2097, the Launch- what either made the program success- ator from Montana. ing of Our Communities’ Access to ful or, in some cases, caused it to fail. Mr. BAUCUS. Mr. President, I com- Local Television Act of 2000. I com- We have taken great care to ensure the mend my good friend and colleague mend the senior Senator from Texas, loan program is fair and has the great- from Vermont for his leadership on Chairman GRAMM, for the great work est chance of achieving the goal of pro- this issue, as well as Senator GRAMM he has done to bring the bill to this viding local television service to rural from Texas, and my colleague from point. The bipartisan effort he has en- America. Montana, Senator BURNS, and others couraged and the painstaking process People rely on TV not just for enter- who are addressing this issue. Frankly, by which he has produced this bill is to tainment but for news and weather and there is a great need in rural America. be commended. He has done a tremen- special warnings of impending disas- I compliment him and thank Senator dous job of watching it from the bank- ters. Children rely on it for educational LEAHY for his work. ing perspective to make sure we could programming, and soon students will I am a cosponsor with Senator LEAHY have the loan guarantees and that need improved access to the informa- in his efforts not only to help bring there would be neither favoritism nor tion superhighway. The more rural a faster local-to-local service via sat- the potential of putting banks or other person is, the more that person needs ellite to rural America but also to help institutions in financial trouble. He to have access to TV for critical infor- provide stimulus for more broad band- spent a great deal of time and effort on mation as well as for entertainment. width coverage to rural America as it. I appreciate the willingness of all Almost 40 percent of Wyoming tele- well. the members of the Banking Com- vision households are satellite sub- Mr. President, I ask unanimous con- mittee to work together to get this bill scribers, the third highest penetration sent that the pending amendment be to this point. rate in the Nation. People are not temporarily laid aside. As many of you will recall, last year choosing satellite over cable or some The PRESIDING OFFICER. Without during the appropriations process, this other system but are satellite sub- objection, it is so ordered. bill would have been a part of that, but scribers because it is the only way to AMENDMENT NO. 2900 there was a lot of concern about how receive any sort of television program- Mr. BAUCUS. Mr. President, I send loan guarantees should work, not just ming. an amendment to the desk. loan guarantees for satellite television Wyoming has television stations in The PRESIDING OFFICER. The but loan guarantees, and this is a land- only three cities: Casper, WY, about clerk will report. mark effort to develop a pattern for 48,000 people; Cheyenne, 50,008; and The assistant legislative clerk read banking loan guarantees. Jackson, which fluctuates during the as follows: Last November, Congress passed the season but I think is listed at about The Senator from Montana (Mr. BAUCUS), Satellite Home Viewer Improvement 6,500 people. The rest of the State is for himself, Mr. LEAHY, and Mr. ROBB, pro- Act to bring the law governing the di- served by stations from out of State or poses an amendment numbered 2900. rect broadcast satellite industry up to by relay transmitters that bring Wyo- Mr. BAUCUS. Mr. President, I ask date and reflect the current state of ming stations to outlying towns. unanimous consent that reading of the technology. As part of that bill, Con- Wyoming has vast open spaces. The amendment be dispensed with. gress authorized, for the first time, sat- borders on Wyoming are about 500 The PRESIDING OFFICER. Without ellite companies to retransmit local miles on a side, with that big square objection, it is so ordered. stations back into their local markets. out there. It gives us a little difficulty The amendment is as follows: However, due to satellite capacity, the with lapel pins because we are not rec- two national direct broadcast satellite ognizable. On page 25, line 10, insert after ‘‘local tele- We have low populations and lots of vision stations’’ the following: ‘‘, and related companies—DirecTV and Echostar— signals (including high-speed Internet access will only be able to serve the top 50 of distances. We have high altitudes and and National Weather Service broadcasts),’’. 210 television markets. That is about 75 low multitudes. We have tall moun- On page 30, strike line 9 and insert the fol- percent of the households in the Na- tains that make the best efforts by lowing: ‘‘means by which local television tion, but that leaves 160 markets, over-the-air broadcasters and cable broadcast signals, and related signals (in- which is 25 percent of the Nation—a companies even more difficult. For cluding high-speed Internet access and Na- households that are in remote areas of tional Weather Service broadcasts),’’. very important part, as Wyoming is included in that—without satellite-deliv- the State beyond the reach of cable and On page 33, between lines 23 and 24, insert relay, satellite is the only reliable and the following: ered local television stations. The two cost-effective choice. (B) ADDITIONAL CONSIDERATIONS.—To the media markets in Wyoming are ranked But until now, satellite has had one maximum extent practicable, the Board 197 and 199. Remember, we are serving distinct drawback. There was no way should give additional consideration to the top 50 out of 210. So 197 and 199 are to get the news or other local program- projects which also provide related signals way down the list, meaning that with- (including high-speed Internet access and ming through reliable access to a local National Weather Service broadcasts). out some sort of incentive, local tele- Wyoming television station. It is On page 33, line 24, strike ‘‘(B)’’ and insert vision will probably not be available in doubtful that without some kind of ‘‘(C)’’. Wyoming. Federal encouragement local television The bill before us will provide that Mr. BAUCUS. Mr. President, I ask stations would be available to rural incentive. It establishes a Federal loan unanimous consent that amendment be households. This bill provides the prop- guarantee program to promote the de- temporarily laid aside and that the er incentive. It gives equal opportunity livery of local television signals at previous amendment then pending be throughout the United States. It is im- places such as Wamsutter, WY. The bill the pending business. portant to rural Americans, and I do The PRESIDING OFFICER. Without provides the criteria to protect the tax- urge my colleagues to support it. objection, it is so ordered. payer to the maximum extent. The Mr. President, I yield the floor and I Mr. LEAHY. Mr. President, I suggest Congressional Budget Office estimates suggest the absence of a quorum. the absence of a quorum. this bill could cost American taxpayers The PRESIDING OFFICER. The The PRESIDING OFFICER. The about $100 million less than previous clerk will call the roll. clerk will call the roll. versions. There is a cost involved, a po- The assistant legislative clerk pro- The assistant legislative clerk pro- tential cost. ceeded to call the roll. ceeded to call the roll. The Banking Committee had to bal- Mr. THOMAS. Mr. President, I ask Mr. ENZI. Mr. President, I ask unani- ance its need to protect the taxpayer unanimous consent that the order for mous consent that the order for the and its need to provide a reasonable in- the quorum call be rescinded. quorum call be rescinded. centive to make investing in rural tele- The PRESIDING OFFICER. Without The PRESIDING OFFICER (Mr. vision service a worthwhile project for objection, it is so ordered. The Senator VOINOVICH). Without objection, it is so private risk capital. During the com- from Wyoming is recognized. ordered. mittee’s deliberations on the bill, we Mr. THOMAS. Mr. President, I want- The Senator from Wyoming. looked at all the other existing governed to come back this afternoon—I

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1952 CONGRESSIONAL RECORD — SENATE March 30, 2000 talked some this morning—to talk to borrow from other lenders, including Louisiana are no less important than about this bill. It is a very important banks and other finance companies. people in the large cities of America. bill to us. It is one that provides an op- Co-ops are not responsible for repay- Without this legislation, it is very portunity for us to have local tele- ing CFC losses or obligations. What we clear that people in these areas will vision in rural areas. There is great need to do, of course, is to ensure they not have access to this information be- support for this idea. We are trying to are treated like others in the private cause, in many cases, it is not eco- find a way to put it into the proper per- sector. But this idea that they some- nomically feasible to spend large sums spective in terms of the lending of how have a special advantage in that of money to provide information to money to guarantee loans that will any losses can be passed on to rural sparsely populated areas of our coun- cause this to happen—I agree with the electric consumers in the electric busi- try. That is unfortunate, but that is chairman—where we have 80 percent of ness is not true. We have heard a great recognizing the way things are. a loan guaranteed by the Federal Gov- deal about that. The purpose of the legislation, as I ernment, but that the remaining 20 The bottom line is, in the worst case understand it, is to lower the overall percent be done in the private sector scenario, CFC’s rates could increase cost of bringing satellite and television without further guarantees by the Fed- and co-ops would then borrow from broadcast to rural America, something eral Government, by the taxpayers, so other entities. that has almost unanimous agreement there is that sharing of risk and that CFC is a private cooperative. It is pa- and is in the national interest. Without incentive to continue to be very careful ternalistic to set up this private orga- this legislation, people in rural areas with these kinds of expenditures. There nization to have people governing would simply not have the same advan- is no question that this is a somewhat under the rules of private sector and tages as we do in urban areas. Clearly, risky operation, something that is new private enterprise and to suggest the this is very important. and technically different. Senate ought to design for them their One of my concerns, I say to the dis- The conversation we are having cur- rules. I reject that idea. tinguished managers of the bill, is that I am happy to say we are seeking to rently, of course, is to provide an op- when you look at what it costs to bring find some language that will satisfy portunity for CFC, the Cooperative Fi- broadcast signals to rural America, it the need to move forward with this bill nance Corporation, to be a participant. is not only a question of building sat- and also to provide an equal oppor- CFC was formed in 1969 by the Rural ellites for rural areas and moving into tunity for CFC to participate without Electric Cooperatives and provides pri- these areas. unwarranted supervision. I am hopeful vate capital. I have worked with it a That represents about 45 percent of we can find that arrangement. the cost of the actual satellite. But great deal, having been manager of a We ought to make that discipline getting the satellite, obviously, rural electric association in Wyoming work. I think we can, and I certainly launched into space represents about 37 for a number of years. look forward to working with others percent of the total cost of bringing CFC was not created by the Federal this afternoon so we can pass this bill broadcast signals, through satellites, Government and does not receive Fed- and move toward rural communica- to any part of this country. eral funds. This is a private corporations and local-to-local communica- I think you have to agree that a sig- tion. CFC has 31 years of experience in tions. nificant cost associated with all of lending to rural electric systems, and I yield the floor. since 1987 has provided more than $3 The PRESIDING OFFICER. The Sen- what we are trying to do today is actu- billion to rural telecommunications ator from Louisiana. ally launching the satellite into space projects. Mr. BREAUX. Mr. President, what is in order to bring the broadcast signals Our Wyoming rural electrics, start- the pending business before the Sen- to all parts of the United States. ing 15 years ago, were involved in ate? Forty-five percent is the actual sat- bringing satellite TV to rural con- The PRESIDING OFFICER. The ellite cost; insurance is 12 percent; the sumers and have been doing that from Johnson amendment No. 2898. ground costs are another 6 percent. But a programming standpoint. Unfortu- Mr. BREAUX. Mr. President, because a very significant portion of the cost of nately, we could not get our local sta- an amendment is pending, rather than bringing a satellite into working conditions, and that is what this is all ask it be set aside to offer another tion is the cost of launching it. More about. This is something the rural elec- amendment, I will make a few com- than one-third, as I have said, of the trics have been involved in for some ments about something I intend to do. cost of the satellite is expended when time. I am glad the distinguished chairman the actual satellite is launched into CFC is AA rated. It has $16 billion in of the Banking Committee is here, so space. loan assets. Over 31 years, CFC has had he has a chance to listen to some of the Clearly, it would further our goal of only $77 million in losses and has loss comments and maybe have a dialog on lowering the cost of bringing these reserves of $235 million. what I am attempting to do. services to rural America if we could This is a strong organization and one First, I congratulate the chairman of also lower the cost of transportation, that is capable of doing this work. Fur- the Banking Committee and the Sen- which is a very significant cost thermore, it is owned and operated by ator from South Dakota and all those throughout our country. citizens, by rural people, by boards of on the Banking Committee who have Launch costs, obviously, are a very directors of the rural electrics, by peo- worked so hard to bring this legislation significant component of the overall ple who are elected to serve. to the floor. It truly addresses a very satellite costs, but I think they can be What we want is to give an equal op- important need for rural America, and reduced. That is why I take the floor portunity for this unit to give loans that is the guarantee that people in this afternoon to make a suggestion. and to participate as well as others. rural America are not going to be The authors of the legislation, again, CFC has backup lines of credit with treated as second-class citizens when it who are to be commended for their vi- 50 banks. These lines of credit amount comes to their access to the informa- sion, have clearly indicated that to about $5 billion. This is a large tion age. launch costs were on their mind when group. We have heard some informa- This legislation addresses a problem they crafted the bill. tion about the allegation that a loan of allowing companies that provide sat- I was looking at the legislation, and loss by CFC will result in rate in- ellite television and broadcast signals clearly the legislation, on page 30 of creases to 25 million consumers. I getting into rural parts of America and the actual bill that is pending before think that is very farfetched. I do not providing them the same type of qual- the Senate, talks about the type of believe it is accurate. ity information services that someone loans this bill envisions. It says: If CFC incurs a loss, CFC, as a pri- in the city of Washington, DC, or any ...a loan may not be guaranteed under vate corporation, will incur the loss, of the large metropolitan areas of our this Act unless— with no liability to the Federal Gov- country are already receiving because It spells out what the ‘‘unless’’ is. ernment. that is where the people happen to live. But what it actually says is that, in If CFC incurs a loss and its interest The people in rural Texas or in rural other words, it will be allowed if it does rates increase, rural utilities are free South Dakota or the people in rural the following. In other words, a loan

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1953 can be guaranteed under the legislation Government should not be in the busi- cept. He said the provision was very in- pending before the Senate if: ness of loan guarantees. It is not a novative. He said this provision: the loan is made to finance the acquisition, function of our Government. The exact . . . would help small and big rocket com- improvement, enhancement, construction, opposite is true. panies to overcome critical barriers so that deployment, launch, or rehabilitation of the Historically, the U.S. Government we have technology that will allow us to im- means by which local television broadcast has sought to assist the private sector prove the reliability ten times and cut their signals will be delivered to an unserved area by saying, we are going to help—we are cost by a factor of ten. This will enable us to or underserved area... have private launch services not involving not going to monopolize it; we are not Therefore, the bill, as it is currently the Government. This bill makes sense to going to do it, but we are going to help me. pending before the Senate, talks about the private sector do it. One way we trying to make loans available to cover This is the person who is the head of can help certain activities that are im- NASA saying that this idea of having a a number of things, one of which spe- portant to our country is by loan guar- cifically mentioned in the bill is the loan guarantee for the launch vehicles antee programs. is something that makes sense to him, launch of satellites designed to bring I point out, for the commercial ship- broadcast signals to rural parts of that it would allow us to increase the building industry—very important to reliability by 10 times, and that it America. my State and to the State of the Sen- As I tried to point out initially, 37 would allow us to decrease the cost by ator from Texas, as well as all the percent of the whole cost of this a factor of 10, which is very significant. States along the coast that have the project is in the launching of the sat- Obviously, we should be looking for shipbuilding industry—we have had a ellite. Obviously, without the launch- more reliable launch vehicles. We title 11 shipbuilding guarantee pro- ing of the satellite into space, you, in should be looking at vehicles that cost fact, are not going to ever complete the gram, in which companies have been a lot less. The Government should not rest of the project. I think it is very able to go into the private market, bor- be in the business of building the relevant, when the bill talks about a row money from the private sector, launch vehicles, but we can assist com- loan guarantee program, that the from private banks, from private insur- panies—small companies and large launch is listed as one of the means by ance companies, and having a certain companies—by making it easier for which broadcast signals are ultimately portion of that loan guaranteed by the them to get adequate private sector fi- brought to all parts of America. Federal Government. It allows them to nancing for these very important ven- I think, for that portion of the indus- get a better interest rate and allows tures. I have not offered an amend- try that launches the satellites into them to get financing for something ment, I say to the distinguished Bank- space, the loan guarantee is very im- that may not be able to be financed ing Committee chairman, because portant. An interesting thing that I otherwise. there is an amendment pending at the would point out is, when you are in the Where we have tried it before, in the current time, I did want to outline the launch satellite business, when you are area of shipbuilding, it has worked concept of an amendment I am pre- in the business of building a spaceship very well. It has worked at a profit to pared to offer, and will offer, as to the to, in fact, launch a vehicle, you have the U.S. Government because the loans feasibility of saying that if you are been competing against other countries have been paid back. The Government going to have a loan guarantee pro- where their governments do it. You are has made money. The work was done. gram for the actual satellite, there is a competing against industries that are The ships were built. The Loan Guar- desperate need for a loan guarantee totally financed by their respective antee Program was an integral portion program for the vehicles that will be governments because it has been in of it. required in order to launch the sat- their national interest to do so. Currently, when you look at whether ellites. In the past, that is also what we have financial assistance is available in this We have in the past used foreign done in this country through the Na- area in the private sector, without any launch vehicles from France, China, tional Aeronautics and Space Adminis- help from the Government, it is inter- and the Ukraine, using Ukraine launch tration, where NASA has used the esting to see what the comments are vehicles because there is not an ade- shuttle to launch the satellites into from those in the financial markets. quate supply of launch vehicles in this space, and the taxpayer has been pay- We have had hearings on this legisla- country. Those rockets and launch ve- ing for the cost of those vehicles. But, tion before the Senate Commerce Com- hicles have been inadequate. They have clearly, NASA is getting out of the mittee. One of the companies that does been imperfect. They have had failures business. We are trying to say to the the bulk of financing these launch ve- and at a great expense to the satellite private sector: We want you to move hicles is Donaldson, Lufkin & Jenrette. industry in this country. How much into this business. We want you to When they testified before the Senate better would it be if we were to have a build the launch vehicles. We want to Commerce Committee, as the largest viable, growing private industry in this create a new industry in the private group of investment bankers in the country that were assisted by a loan sector, get the Government out of the country, they talked about the prob- guarantee program to enable them to business of launching broadcast sat- lem of being hampered by the inability get adequate financing in the private ellites, and let the private sector do it. to find the necessary private financing sector in order to launch the satellites But one of the disadvantages our pri- for these types of ventures, particu- for the purpose of bringing broadcast vate sector has is that they are com- larly when they are, in fact, competing signals to rural areas as well as to peting against other countries that are against other countries that are gov- urban areas in the country. involved in doing this, and they cannot ernment-financed 100 percent. Due to the fact that an amendment is compete on a level playing field. What They pointed out in their testimony pending, I will not be able to offer my we are suggesting is that we help the that in some cases the cost of the amendment at this time. I yield the U.S. industries become involved in this launch vehicles, and the insurance that floor until such time as it is appro- in a competitive fashion, which I think goes with it, almost equals the entire priate for me to offer an amendment. I is very important. cost of the satellite itself. So if we suggest the absence of a quorum. U.S. companies that are having to want to help bring broadcast signals to The PRESIDING OFFICER. The compete against other countries are rural areas, we cannot just look at the clerk will call the roll. not able to compete on a level playing satellite itself that needs to be con- The assistant legislative clerk pro- field. Therefore, when the country of structed, you also need to look at the ceeded to call the roll. China or the country of France—highly vehicles that would be built in order to Mr. GRAMM. Mr. President, I ask subsidized by their Governments—is launch those satellites into the sky. unanimous consent that the order for trying to sell their launch vehicles to It was really interesting, colleagues, the quorum call be rescinded. the United States, obviously, they can that last week we had the head of the The PRESIDING OFFICER. Without do it at a price that makes our compa- National Aeronautics and Space Ad- objection, it is so ordered. nies not able to compete. ministration, NASA, before our com- Mr. GRAMM. Mr. President, I thank I think the authors of the bill are mittee. Dan Goldin was testifying. I our colleague from Louisiana for rais- right on target. Some might say: The asked him a question about this con- ing the obvious point that one of the

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There are companies now that We would have to go through a markup quoted from the statement of the dis- are beginning to respond to that poten- in the Banking Committee to try to re- tinguished Administrator of NASA, tial with real investment and real po- fine it, as we have the bill that is now Dan Goldin, in which he said this tential. before us. We are just a long way from amendment could conceivably increase The question the Senator from Lou- that. launch vehicle reliability by 10 times isiana asked was, Would not this be a I am sorry I am not in a position of and decrease the cost by a factor of 10. good time to address this additional being able to support the Senator from So there could not be a clearer state- problem? Personally, I believe this is Louisiana. As of today, I am not. ment. He concluded by saying: ‘‘This something that will have to be ad- Mr. President, I withdraw amend- bill makes sense to me.’’ You can’t get dressed and looked at. The big dif- ment No. 2897. That will pull down my a clearer statement from NASA as to ference is, on the loan guarantee pro- amendment and pull down the Johnson what they think about the amendment. posal before us, we have had a series of amendment with it. There could not be a clearer statement hearings. We have gone to great The PRESIDING OFFICER. The about the cost of the amendment other lengths to try to minimize the poten- amendment is withdrawn. than the fact that we authorize $250 tial exposure to the taxpayer. We have The question is on agreeing to the million, not a nickel more, not a dime tried to call in technical expertise to Bunning amendment, No. 2896. less but $250 million. be sure we understand what we are Mr. BUNNING. Mr. President, I ask So it is very clear. One, we know doing. for the yeas and nays. what the costs are; two, we have in fact In terms of expanding this program The PRESIDING OFFICER. Is there a had hearings in the Senate on this now on the floor of the Senate to sufficient second? question; three, we have heard from in- launch vehicles, I don’t see how we Mr. GRAMM. Mr. President, I sug- dustry, both large companies and small could possibly get that job done. I gest the absence of a quorum. companies; and finally, we have heard think this is, in terms of this bill, a The PRESIDING OFFICER. The from NASA, which said that it makes a bridge too far. I think it is something clerk will call the roll. great deal of sense to them, including that will be looked at. I know, from The assistant legislative clerk pro- the fact of reducing the cost of launch- having talked to them personally, ceeded to call the roll. ing vehicles by a factor of 10. I don’t there are at least two private compa- Mr. GRAMM. Mr. President, I ask know who else we can possibly ask to nies that are interested in commercial unanimous consent that the order for come before the Congress and address launching to try to do in America what the quorum call be rescinded. this question. we are contracting out to France and The PRESIDING OFFICER. Without The final point—and I will not pre- to China. objection, it is so ordered. judge the ruling of the Chair—is on the We have two problems in considering Mr. BUNNING. Mr. President, I ask question of the relevancy. It is clear this today. One is that under unani- for the yeas and nays on the Bunning that the bill before the Senate right mous consent, only relevant amend- amendment. now covers the cost of launching sat- ments are in order. This amendment The PRESIDING OFFICER. Is there a ellites to bring broadcast signals to would be deemed to not be relevant, in sufficient second? rural America. It is in the bill. The bill my opinion. There appears to be a sufficient sec- clearly says that the loan guarantees Secondly, I could do my due diligence ond. are for the acquisition, improvement, as chairman of the Banking Committee The yeas and nays were ordered. enhancement, construction, deploy- to agree to an add-on loan guarantee Mr. GRAMM. Mr. President, I ask ment, and launch of satellites—the on the floor of the Senate when we unanimous consent that the vote on means by which local television broad- have not held a hearing, when we have the amendment be stacked after the cast signals will be delivered. Well, not looked at it, when we know rel- first vote we have today. launching a satellite is absolutely es- atively little about the technology, the The PRESIDING OFFICER. Without sential and totally relevant to putting public/private competition, the eco- objection, it is so ordered. satellite broadcast signals into rural nomic feasibility of the project. We The Senator from Louisiana. America. It could not possibly even be don’t have any scoring from CBO as to Mr. BREAUX. Mr. President, I will more relevant to the bill before the what it would cost. It may very well be address my remarks to some of the Senate. The bill itself talks about at some point, someday, we will be in a points the Banking Committee chair- launching satellites. position of looking at the proposal that man made, if he will give me his atten- My amendment provides a loan guar- has been made by the distinguished tion, regarding some of the concerns he antee to launch satellites. If that is not Senator from Louisiana. I don’t believe raised in his comments about the relevant, I am not sure what would we are at that point today. amendment I outlined but have not yet ever be relevant. We are not talking Obviously, the Senator has a right to offered. about germaneness. We are talking offer his amendment. I do not believe On the point the chairman raised, about relevant to the bill before the we should adopt his amendment today. that we do not have a scoring on the Senate, and this is a loan guarantee for I think we are already carrying a pret- amendment, the scoring is very simple. launching satellites to bring broadcast ty heavy load on this bill. In order for It is $250 million. That is what is au- signals to rural areas. My amendment this to go forward as it is now written, thorized. We don’t authorize a nickel creates a loan guarantee program to the Appropriations Committee is going more or a nickel less. It is not difficult launch satellites to bring broadcast to have to appropriate a quarter of a to figure out the scoring and the cost signals to rural America. It does it billion dollars. I believe we would have of an amendment that authorizes $250 through a different department, but ob- a train that would be overloaded if we million. It is $250 million, if that viously it has to be relevant. You don’t added this loan guarantee to it today. amount is in fact appropriated. have to have exactly the same lan- I am not hostile to what the distin- He also said we needed to have hear- guage in an amendment as the bill for guished Senator from Louisiana is try- ings on this amendment. The Congress it to be relevant. It has to be relevant ing to do. I simply do not know enough has had hearings on the amendment. to what the bill does that is pending about it to make that decision today We had hearings in the Senate Com- before the Senate. I think the question on the floor. merce Committee. We had people from of relevancy is very clear. Before I could get to the point of industry testify. We had large and The fact that we have had hearings making a decision on it in the Banking small companies testify. We had the in this Congress on this specific amend- Committee, we would have to meet head of the National Aeronautics and ment, and the fact that we have had

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1955 NASA testify in favor of this amend- S. 2097 is amended by inserting the fol- nals to rural America, you cannot just ment and say it would reduce the cost lowing Section 5A: talk about the ‘‘big ball’’ that, in fact, by 10 times, reduce the liability by a ‘‘SEC. 5A. APPROVAL AND ADMINISTRATION OF is the satellite. You also have to talk LOAN GUARANTEES RELATING TO factor of 10, and the fact that we have LAUNCH VEHICLES. about how you get the satellite into had industry, both small and large ‘‘(a) AUTHORITY TO APPROVE LOAN GUARAN- orbit around the country. Thirty-seven companies, appear before Congress and TEES RELATING TO LAUNCH VEHICLES.—To percent of the cost of bringing that testify as to their opinions on this further the purposes of this Act including to broadcast signal to rural America in- means that we have had hearings, we reduce costs necessary to facilitate access to volves the cost of the launch vehicle. have the support, and it is certainly local television broadcast signals in Currently, the United States relies relevant, and I think it is the right unserved and underserved areas, without un- on China, France, Ukraine, and other necessarily creating a new administrative countries that are not market-based public policy. apparatus, the Secretary of Transportation While I can’t offer the amendment at is authorized, subject to the provisions of countries but, rather, are countries in this time because another one is pend- this Section, to approve loan guarantees re- which their industry is financed 100 ing, we will do it at the appropriate lating to space launch vehicles. For this pur- percent by the government. Our com- time. pose, the credit assistance program estab- panies cannot compete unless we have I yield the floor. lished in Section 1503 of Chapter 1 of Subtitle a level playing field. The PRESIDING OFFICER. Who E of the Transportation Equity Act for the Therefore, the concept of providing a seeks time? 21st Century, Pub. L. No. 105–178, is expanded loan guarantee program of a definitive Mr. JOHNSON. Mr. President, I sug- to include projects for the design, develop- amount of money we know will cost ment, and construction of space transpor- gest the absence of a quorum. tation systems and infrastructure, including $250 million. That is the money author- The PRESIDING OFFICER. The launch and reentry vehicles subject to the li- ized. It would have to go through the clerk will call the roll. censing requirements of Section 70104 of Appropriations Committee to get the The assistant legislative clerk pro- Title 49, United States Code. appropriations, but it could not be any ceeded to call the roll. ‘‘(b) FUNDING.—To fund the cost to the more than $250 million to create a loan Mr. BREAUX. Mr. President, I ask Government of loan guarantees provided guarantee where they could go to the unanimous consent that the order for under this Section for space transportation private sector and get a loan from the the quorum call be rescinded. systems and infrastructure projects, there is banks. Having a percentage of it guar- authorized to be appropriated $250 million The PRESIDING OFFICER. Without for Fiscal Year 2001, and such other sums as anteed by the Federal Government is objection, it is so ordered. may be necessary for each of Fiscal Years good, sound economic policy. It is good Mr. BREAUX. Mr. President, what is 2002 through 2005. From funds made available broadcast industry policy. It is a policy the current business before the Senate? under this subsection, the Secretary of this country should embrace. In areas The PRESIDING OFFICER. The Transportation, for the administration of where we have done it before, as in amendment of the Senator from Ken- the program, may use not more than $2 mil- shipbuilding, it has worked very suc- tucky, No. 2896. lion for each of Fiscal Years 2001 through cessfully. Mr. BREAUX. The yeas and nays 2005. For each of Fiscal Years 2001 through I suggest this amendment is very rel- have not been ordered? 2005, principal amount of Federal credit in- struments made available for space transpor- evant because the bill itself is clear The PRESIDING OFFICER. They tation systems and infrastructure projects that the Loan Guarantee Program ‘‘is have been ordered. shall be limited to the same amounts set for the acquisition, improvement, en- Mr. BREAUX. Is it in order to ask forth in Section 1503 of Chapter 1 of Subtitle hancement, construction, deployment unanimous consent to temporarily set E of the Transportation Equity Act for the and launch’’—emphasizing launch— aside that amendment in order to offer 21st Century, Pub. L. No. 105–178. ‘‘rehabilitation or the means from an amendment? ‘‘(c) REGULATORY AUTHORITY.—To carry which local TV broadcast signals will Mr. GRAMM. Reserving the right to out the provisions of this Section, the Sec- retary shall, within 120 days after enactment be delivered to an unserved area or un- object, people yell at me so much, I of this Act, adopt such regulations as he rea- derserved area.’’ don’t hear so good. Will the Senator re- sonably deems necessary. Such regulations It is clearly relevant, and both peat that? shall not be inconsistent with the provisions amendments are an effort to try to Mr. BREAUX. I am asking to set of Section 5 of S. 2097, the ‘‘Launching Our help through loan programs the deliv- aside the pending amendment to offer Communities’ Access to Local Television ering of broadcast signals to rural my amendment. Is that appropriate? Act of 2000.’’ America. Mr. GRAMM. That is fine. Mr. BREAUX. Mr. President, I made This is not a germaneness question. The PRESIDING OFFICER. It is in remarks earlier about the intent to It is a relevancy question. If this is not order to make that request. offer this amendment. I will not repeat relevant, I don’t know what would be Mr. BREAUX. Mr. President, I ask the arguments in favor of it. I will only relevant on an amendment on the floor unanimous consent that the pending summarize by saying the Senate Com- of the Senate. amendment be temporarily set aside in merce Committee had a complete and Mr. President, I urge adoption of the order to offer my amendment. full hearing. The distinguished chair- amendment. The PRESIDING OFFICER. Without man of the subcommittee is on the The PRESIDING OFFICER. The Sen- objection, it is so ordered. floor today. We had the privilege of ator from Texas. AMENDMENT NO. 2901 hearing NASA Administrator Dan Mr. GRAMM. Mr. President, as I said Mr. BREAUX. Mr. President, I send Goldin testify on this amendment, say- before, I have some sympathy for the an amendment to the desk and ask for ing it would save as much as 10 times Senator from Louisiana. I think this is its immediate consideration. the cost of a launch vehicle and im- obviously a very real issue to be con- The PRESIDING OFFICER. The prove the reliability of those by a fac- sidered. But the bottom line is we are clerk will report. tor of 10. We are hearing from big on the floor with a bill that has been a The assistant legislative clerk read launch companies and also small year in the making having to do with as follows: launch companies that are interested our goal of trying to see that every- The Senator from Louisiana (Mr. BREAUX) in this industry, and trying to improve body who lives in rural Texas or rural proposes an amendment numbered 2901. it. America has access to their local news Mr. BREAUX. Mr. President, I ask We had testimony from people in the and local weather and to the local tele- unanimous consent that reading of the finance business who speak to the dif- vision station. You could write volumes about what amendment be dispensed with. ficulty of getting adequate financing in we don’t know about this subject, even The PRESIDING OFFICER. Without the private sector because of the ques- though we have worked on it for a objection, it is so ordered. tionable nature of the launch vehicle year, even though we have had exten- The amendment is as follows: industry and testifying to the fact that At the appropriate place insert the fol- a loan guarantee program would be sive hearings, even though we have had lowing: very helpful. innumerable private meetings, and Section 4(d)(2)(a) of S. 2097 is amended by The final point is that when you talk even though we have gone through a striking the word ‘‘launch,’’. about bringing satellite broadcast sig- markup in committee where we have

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1956 CONGRESSIONAL RECORD — SENATE March 30, 2000 debated it at some length and reached vividly, the World Trade Center in New to be in the private sector, a central- some consensus on it—not total con- York City was bombed. Over 1,000 peo- ized place where people could go and sensus. ple were wounded and 6 people were find out how to approach the issue of The problem with the Breaux amend- killed. Two years later, the Federal preparing our Nation to be able to han- ment is that this is an area, while it is building in Oklahoma was bombed; 168 dle the terrorist threat. An office was obviously of importance in terms of people died, including many children. designated to be created called the Na- one potential technology that might be These two very tragic events high- tional Domestic Preparedness Office, used in the bill—and that is a sat- light the potential threat this country or the NDPO. ellite—we in our bill are not setting is subjected to and, in fact, has been The NDPO was essentially to be a out technology as such. We are letting subjected to in the area of terrorism. one-stop shopping center on the issue the marketplace decide that. The point The threat of terrorism was further re- of how we address the threat of ter- is we have had no hearings. We have inforced with the events in Africa rorism as a nation, a very important heard from no one. We have not dis- where two of our embassies were activity. It was to include participa- cussed, analyzed, or studied this in any bombed 3 years ago. tion by DOD, the Department of De- detail. We are not ready to make a de- The Commerce, State, Justice, Ap- fense, by FEMA, by HHS, Health and cision on this today. propriations Subcommittee, which I Human Services, by the Department of Under the unanimous consent agree- chair, directed the Attorney General to Energy, by the Environmental Protec- ment entered into on November 18, no develop a plan to address terrorism tion Agency, by the Attorney General, amendment is in order which is not which would be a Governmentwide and by the FBI. State and local au- deemed to be relevant—not relevant to plan, an interagency counterterrorism thorities were to be included for par- mankind, not relevant to any problem plan. The Attorney General, in a very ticipation in this office. It was to be a facing us in the future, or any oppor- conscientious effort, put together a 5- central agency which had all the play- tunity but relevant specifically to the year interagency counterterrorism and ers needed to be at the table—up and bill that is pending before the Senate. technology crime plan. It was an excel- functioning and continually available I make a point of order that the lent proposal. This proposal was put to- as a resource to address the threat of terrorism. amendment offered by Senator BREAUX gether by the Attorney General 3 years Unfortunately, this administration is not relevant. ago. It basically became known as the has treated the issue of terrorism as a The PRESIDING OFFICER. In the bible—for lack of a better or more de- stepchild. When there is a terrorist opinion of the Chair, the amendment is scriptive word—as to how we should event, they react. In some instances, not relevant and the point of order is proceed in the area of developing a they react arbitrarily and ineffec- sustained. Governmentwide strategy in order to tively, as they did in reaction to the The Senator from Louisiana. address terrorism, something we hadn’t Mr. BREAUX. Mr. President, I take African situation where they essen- done up until that point. tially ended up targeting a facility in it that the Chair is not in the position It wasn’t just to focus on Federal Sudan. It is still very much an issue, as to give a reason behind the ruling. Government agencies but, rather, it to whether the facility was actually The PRESIDING OFFICER. The pro- went beyond that and talked about how producing any chemical weapons. Also, gram in the amendment is not what we needed to integrate the private sec- they attacked a facility in Afghani- was envisioned by the unanimous con- tor and State and local governments in stan. Rather than assisting our ability sent agreement. our efforts to address terrorism. It had of tracking down the terrorist Bin Mr. BREAUX. I inquire of the Chair: a large number of functions within it, a Laden, it made it obvious to him that Is that not an argument for the ques- large number of areas that had to be he could never again have a joint meet- tion of germaneness as opposed to the addressed, as was obvious to those of us ing of his terrorist forces. Thus, he question of relevancy? who took even a cursory look at the scattered them to the wind and we The PRESIDING OFFICER. Ger- issue of terrorism. have had much more trouble tracking maneness is a different test which is Unfortunately, we, as a culture, were them down. not at issue here. not ready to address terrorist acts be- Mr. BREAUX. Further parliamentary The response of this administration cause we are an open culture. The es- has been a PR response, to be quite inquiry: Is not the statement of the sence of our culture is freedom, the Chair relevant to a question on ger- honest, on the issue of terrorism at ability of people to move freely among many levels. When it comes to actually maneness as opposed to a question of our society. It is very difficult for us to relevancy? substantively addressing the issue of deal with people who are willing to kill terrorism, this administration’s re- The PRESIDING OFFICER. The indiscriminately simply to make their statement of the Chair was with regard sponse from the top has been woeful. points of view known. It requires a lot I will acknowledge, in fact I will cite to the relevancy standard. of thought and effort for us as a nation Mr. BREAUX. I will not pursue it. and congratulate, that at the agency to address a problem such as terrorism. Obviously, I accept the ruling of the level there is an ongoing, aggressive, That is why we asked for this 5-year Chair. and very positive effort to address ter- Mr. GRAMM. Mr. President, I sug- plan to be developed. rorism. But, for some reason, there is As part of this 5-year plan, one of the gest the absence of a quorum. an unwillingness in the White House to The PRESIDING OFFICER. The key things we believed we needed to genuinely focus on this issue in a way clerk will call the roll. address was the fact that there really that produces results. The legislative clerk proceeded to wasn’t anyplace where all of the issues One of the most glaring examples of call the roll. of terrorism were being brought to- that unwillingness to focus is the fact Mr. GREGG. Mr. President, I ask gether. There were something like 43 that the NDPO—the office which was unanimous consent that the order for different agencies addressing some ele- supposed to be the one-stop shopping the quorum call be rescinded. ment of the terrorist threat. This was center for people who wanted to get The PRESIDING OFFICER (Mr. FITZ- not counting the issues of State and ready to address a terrorist event— GERALD). Without objection, it is so or- local government involvement and the hasn’t really been allowed to wither on dered. issue of the private sector. For in- the vine because they never even plant- Mr. GREGG. I ask unanimous con- stance, how would the private sector ed the seeds to get the vine growing. sent to speak as in morning business address a terrorist threat to our power The office has not been funded. In fact, for 10 minutes. grid and our telecommunications sys- the travel funds which were supposed The PRESIDING OFFICER. Without tems. to be applied to it have been cut off. objection, it is so ordered. One of the first things deemed nec- The office has been unable to get re- f essary to do was to develop a central- programming through OMB, even ized place where people could go, though the Attorney General has re- TERRORISM whether they happened to be in the quested on a number of occasions to Mr. GREGG. Mr. President, back in Federal Government, State and local get reprogramming through OMB to February of 1993, as we all remember so government, or whether they happened allow the office to function effectively.

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1957 The FBI Director has not been able on our Nation, and we know there are or not there is a sincerity of effort oc- to get reprogramming through OMB people out there who intend to exercise curring within this administration to that has allowed the office to function their ability to wage war on America. get us ready to address a potential ter- effectively. The State and local advi- They have already done it. We need to rorism threat to the United States. sory groups which were supposed to be go through the exercises of deter- Mr. President, I suggest the absence set up to bring the first responders— mining whether or not the agencies of a quorum. the local police, local fire, local health that are going to be responsible to pro- The PRESIDING OFFICER. The officials who have the knowledge and tect the American people are ready to clerk will call the roll. the expertise to do the job right and do respond in the case of a terrorist event. The assistant legislative clerk pro- it in a coordinated way with the Fed- So we asked the administration, to ceeded to call the roll. eral Government—in to advise the pursue exercises to determine whether Mr. GRAMM. Mr. President, I ask NDPO has not been energized in any ef- or not we are ready—mock exercises. unanimous consent that the order for fective way. We do not get the stand- These were to take place in three dif- the quorum call be rescinded. ardization on equipment we need. We ferent communities across our country. The PRESIDING OFFICER. Without are not getting the leadership from the Now, in a recent report in the Wall objection, it is so ordered. top that we need in the area of making Street Journal, it was stated that some f of the top agencies that are involved in the States and local people as knowl- LAUNCHING OUR COMMUNITIES’ this exercise are basically taking a edgeable as we can. ACCESS TO LOCAL TELEVISION I will say this: At least in the other laissez-fair attitude toward the exer- ACT OF 2000—Continued areas where we are trying to educate cise and are basically saying that they first responders, such as our initiatives may participate but participate at a Mr. GRAMM. Mr. President, the across this country in education, we very low level of operations, or they chairman of the Judiciary Committee are making progress. But the central are going to participate with very low is concerned that some language we management agency has been ignored. level personnel—not that they won’t be took from the Burns amendment, We understand the reprogramming good personnel, but they won’t be the which was in the bill last year, might that the NDPO needs in order to fund personnel who have the final responsi- potentially create some problems. its activities effectively for this year bility in the event of a real terrorist On Senator HATCH’s behalf, I offer an will not be adequately fulfilled. So this event or attack on our country. That amendment to strike several lines from agency has been allowed to simply sit would be unfortunate. the bill that have to do with an at- there and has not been energized. In The Attorney General, I understand, tempt on our part to guarantee that we fact, as I understand it, the person not directly but indirectly, believes she weren’t changing communication law. named director of the NDPO has re- is getting commitments from the var- But, as often happens, no good deed cently, within the last week, asked to ious agencies to fulfill their role of ever goes unpunished. So we want to be transferred out of the job. I do not having senior personnel at DOD, DOE, strike this. know why he asked for that, but I cer- HHS, EPA, FEMA, and State, and obvi- AMENDMENT NO. 2902 tainly can guess. I suspect it is because ously the Attorney General and the (Purpose: To strike the provisions relating of the frustration of doing a job where FBI—senior personnel—involved in to retransmission of local television broad- he was not getting the support he need- these exercises, so that we know when cast stations) ed from the White House and from this we have a problem, the people who can Mr. GRAMM. Mr. President, I send administration to do it effectively. resolve them are physically there on an amendment to the desk. Terrorism is not a political event. It site and can observe the problem and The PRESIDING OFFICER. Without should not be used for the purpose of can participate in resolving and devel- objection, the pending amendment will initiating press conferences or trying oping a response to the problem. be laid aside and the clerk will report. to drive poll numbers. This is an ex- Now, the Attorney General tells me, The assistant legislative clerk read traordinarily serious issue. We as a na- indirectly through my staff, that the as follows: tion need to have a Government that news story may not have been com- The Senator from Texas (Mr. GRAMM), for doesn’t approach this issue in a manner pletely accurate. But the news story Mr. HATCH, proposes an amendment num- which involves something less than a quoted some sources and said certain bered 2902. total commitment. Yet that is the way agencies within the administration Mr. GRAMM. Mr. President, I ask it is being approached by this adminis- were not going to be seriously com- unanimous consent that reading of the tration and its failure to fund, orga- mitted to this exercise. That, again, in amendment be dispensed with. nize, and energize the National Domes- my opinion, shows the laissez-fair atti- The PRESIDING OFFICER. Without tic Preparedness Office. tude this administration has taken to- objection, it is so ordered. This same problem was highlighted ward preparing this Nation to address a The amendment is as follows: in a news story in the Wall Street terrorist event. On page 49, strike lines 1 through 13 and Journal relative to another issue of As I said earlier, terrorism is not a insert the following: terrorism. It was again requested by partisan issue, not a political issue; it SEC. 8. DEFINITIONS. the subcommittee I Chair in this Con- is a serious threat to our country. It On page 50, line 23, strike ‘‘10.’’ and insert gress that there be exercises—much has to be addressed aggressively and ‘‘9.’’. like our military undertakes—to deter- professionally by the agencies that are Mr. GRAMM. Mr. President, this mine our readiness to deal with a ter- responsible. The Congress can only do amendment is a very simple amend- rorist event. During the cold war days, so much. We have funded aggressively ment. It simply strikes a line in the if you were in the Strategic Air Com- antiterrorism efforts. We have set up bill where we were trying to be sure we mand, every 6 months you knew, if you structures, working with the agencies weren’t changing communication law. were on a Strategic Air Command air to try to make sure that we have a co- On further reflection, we simply con- base, at some point during that 6 ordinated response. We have requested cluded that silence is often the best an- months you were going to have a full- that the agencies involved participate swer on these kinds of issues. This scale alert, and you were going to have in trying to make sure that they are as amendment would strike that to act as if you were in a confrontation ready as possible for a horrific event. sentence. with the Soviet Union. But all we can do is fund and request. I have not had an opportunity to That was the way we kept our forces If we don’t get cooperation and enthu- have anyone on the Democrat side of current and that is how we found out siasm and commitment from this ad- the aisle look at the amendment. I will the problems in our systems. It is the ministration, then we will not have just leave this amendment pending. way it is still done in the military. You success. I suggest the absence of a quorum. have what amounts to war games in So I have come to the floor today to The PRESIDING OFFICER. The order to determine whether or not you highlight what I am very concerned clerk will call the roll. are ready to participate in a real, live about and what I think we should all The assistant legislative clerk pro- event. Well, terrorism is war. It is war be concerned about, which is whether ceeded to call the roll.

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1958 CONGRESSIONAL RECORD — SENATE March 30, 2000 Mr. MURKOWSKI. Mr. President, I that the Clinton administration pro- station and fills that up at nearly $2 a ask unanimous consent that the order posed a significant tax on Btus. There gallon, it shoots a pretty good hole in for the quorum call be rescinded. was going to be a big tax increase on a $100 bill. The PRESIDING OFFICER (Mr. BEN- all Btus—British thermal units. It was The question before us is: Do we want NETT). Without objection, it is so or- going to be based on what you use. We to do something short term, or do dered. debated this issue at length and we nothing, which is what the administra- Mr. MURKOWSKI. Mr. President, it voted down the increased Btu tax that tion proposes. My colleagues heard the is my understanding the leadership the Clinton administration proposed. President yesterday. He said we have plans a cloture vote on the gas tax at However, there was a 4.3-cent-a-gallon to develop more dependence on alter- some time later today. Is that the un- gas tax that was also proposed at that native fuels, we have to develop more derstanding of the Chair? time. It was hotly debated. That 4.3- resources domestically. He does not The PRESIDING OFFICER. The clo- cent-a-gallon gas tax was not des- tell you he is going to open up low-sul- ture vote has been set to follow the ignated for the highway trust fund. It fur, high-Btu coal in Utah. No, he says final passage of the pending legislation was designated for the general fund. he has made that wilderness, for all but no later than 6 p.m. That is just where it went. practical purposes. f Of interest to the Chair, perhaps, is He does not say he is going to en- THE GASOLINE PRICE SPIKE how this happened. All the Republicans courage exploration on public lands in voted against the tax; six Democrats the Rocky Mountains so that oil and Mr. MURKOWSKI. Mr. President, I joined us, and we had a tie vote. Vice gas exploration can occur in those would like to take this opportunity to President Al Gore sat in the Chair as States in the overthrust area where advise my colleagues why I think it is there is a tremendous potential for oil appropriate that we address some relief the Presiding Officer of this body, and gas in Montana, Wyoming, Colo- for the American consumer with regard where the Senator from Utah sits, and to the gasoline price spike that has oc- he broke the tie. The Vice President rado, North Dakota, Kansas, or Okla- curred in this country. I am a cospon- has to wear the mantle. That is where homa, where the small strippers have sor, with the majority leader, Senator the 4.3-cent-a-gallon tax came from. He almost gone out of production because has to wear the mantle. It did des- they simply cannot produce at the low LOTT, and a number of others, of this important legislation that will give us ignate the tax would go into the gen- prices. They only produce a few barrels an opportunity to take positive action eral fund. Later, when the Republicans a day. My colleague, Senator KAY BAI- in a meaningful way to put a brake on took control of this body, we changed LEY HUTCHISON, addressed that earlier the ever-rising gasoline prices that the designation from the general fund today. American families face each day. and we designated that 4.3 cents into In our long-term package of pro- The American people should have a the highway trust fund. posals, there is relief for the stripper choice, whether they feel the priority It should again be noted what this wells. There is relief to encourage ex- is such that they should have relief legislation specifically provides be- ploration in the overthrust Rocky from the gasoline tax. I emphasize a cause there is a lot of confusion over it. Mountain area. There is relief to pro- choice. I emphasize the American peo- It says in order for the 18.4 cents to be vide OCS areas for lease—we heard the ple, through their elected representa- suspended, and this is regular gasoline, Vice President say: If I am elected tives on this floor, have to make a de- the price has to average $2 a gallon. President, I am going to cancel all the termination that this is a priority be- Only then will it be suspended, and OCS lease programs. He does not say cause there is no free lunch around only for the balance of this year. And where he is going to get the oil to re- here. What we are talking about is a the highway trust fund will be made place that produced under the leases. combined bill which would waive the whole. Think about what this administra- Federal gasoline tax of 18.4 cents. That I know there are Members who feel tion’s policy is on energy. One does not is a considerable tax. It is even larger uncomfortable about the highway trust have to think very long because there when you add the State taxes to it. fund. But all I can do is make very is none. Clearly, our Secretary was When I said there is no free ride clear what this bill provides. It pro- sent over to OPEC almost on his knees around here, what I meant was we have vides for full reimbursement of the to beg for production increases. OPEC agreed if we suspend the Federal gas highway trust fund. But it is not a free said they were going to have a meeting tax for the balance of this year, we will ride. The money is going to have to on the 27th. He was over there 3 weeks also make whole the highway trust come from someplace else. prior to that. The Secretary said: We fund. That alternative will require that The point I want to make, and the have an emergency in the United we find considerable funds. But if we appeal to my colleagues and our staffs States. They said: We are going to guarantee we are going to find them, who are listening, is about the real sav- meet on the 27th. They met on the that means they are going to come ings. America’s consumers cannot pass 27th. They did not do anything until through the budget process, from sur- on this price increase. If you buy an the 28th. plus and other areas. airline ticket, as my friend from Utah I have a chart which shows what they Is this a sufficient priority? There and I do occasionally, to go back to really did. They did this yesterday. Not are those who feel very strongly this Utah or Alaska, you are paying a sur- many people are aware of the realities jeopardizes the highway trust fund. In charge for fuel. You don’t know what associated with what has happened to this bill itself, it says we will hold the the tax is on the ticket because the air- oil and the demand for oil in this coun- highway trust fund harmless. That is a lines have so many confusing fares you try. mandate, in effect a promise, to hold it can’t figure it out, but a $40 surcharge To the left of the chart in the red is harmless. It does not say where the is in there. the total global demand for oil in the money is going to come from to offset The trucker who comes to Wash- world today. It is about 76.3 million it. ington, DC, who has a contract for de- barrels per day. To the right of the We are suspending it only for the bal- livery, maybe he cannot pass it on; and chart is the production and where it ance of this year. I have been advised the farmer, it is very unlikely he is comes from: 45 percent from non-OPEC, by the budgeteers that this will not going to pass it on; nor the fishermen 23 percent from OPEC, 5.6 percent jeopardize any of the contracts that in my State who fuel up their vessels, other OPEC. are presently let for this construction it is pretty hard for them to pass it My point is, actual production is 75.3 year or next year that propose to use on—but the person who surely cannot million per day, but the demand is 76.3 highway trust fund moneys because pass it on is the American consumer, million per day. There is a 1 million- those have already, in effect, been des- the moms driving their kids to the soc- barrel-a-day difference. There is a ignated, earmarked, and so forth. I am cer game. The family bought a utility greater demand than supply. When not on the Budget Committee, but that sports vehicle for convenience. Maybe there is this kind of situation, we have is the advice I have been given. the SUV does not get too many miles price spirals. I think Members should understand a to the gallon. It might have a 40-gallon I want to point out and make sure little background here. It was in 1993 gas tank. When mom goes to the gas everybody understands what happened

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1959 yesterday with OPEC. I am really tion—there it is, cut from production, liquely to a price range rather than a spe- amazed, with the exception of the Wall cut from their 1.7 million-barrel prom- cific target such as the $21 that has been on Street Journal and a few other folks, ise, or really the 500,000 barrels a day. the Opec books since 1990. Saudi Oil Minister the media has not really delved into They will cut from production by that Ali Naimi talked openly of a $20 to $25 price range. this. When OPEC met last year, they same amount if prices fall below $22 for The official communique also made no decided they were going to produce 23 more than 20 days. They have set a mention of the future roles of non-Opec ex- million barrels a day. They promptly ceiling, and they have set, obviously, a porters Mexico, Norway, Oman, Angola, and began to cheat. They overproduced. cellar. Russia. Opec simply thanked them for their They produced 24.2 million barrels a OPEC or the Clinton administration assistance in earlier efforts to stabilize mar- day. The difference between what they has made no acknowledgment of this in kets. said they were producing, 23 million their announcements. Isn’t that rather On Wednesday, delegates told EIB that the barrels a day, and what they were actu- curious? We talk about significant re- non-Opec countries appear to be released from their commitments to shut in output. ally producing, 24.2 million barrels a lief. If we have this kind of a deal, I do Outside of the Opec Secretariat, Iran con- day, is 1.2 million barrels a day. The not know from where the significant tinued to express its irritation with U.S. difference between the 1.2 million bar- relief is going to come. Under this intervention in the organization’s pro- rels and 1.7 million is 500,000 barrels a agreement, one can easily see that the ceedings. day. That is what they are actually price of oil is going to hover around ‘‘Intervention was beyond expectation,’’ an producing. $28, maybe as high as $34 per barrel for Iranian delegate stated. None of the US’s ac- Here it is. They were cheating 1.2 extended periods or until OPEC meets tion was needed because Opec and its allied million barrels a day. As I said before, again. nonmember exporters were aware of the mar- I urge those in the media and my col- ket and prepared to respond to increasing de- they started out with 23 million but mand, he said. were actually producing 24.2. The dif- leagues, and particularly their staffs ‘‘We were here to accommodate the mar- ference between 1.2 and 1.7 is 500,000 who are a little bit curious, to read to- ket. We came here to increase production,’’ barrels a day, and that is exactly what day’s Oil Daily, page 2. It is all spelled he said, adding that he believes the US has we got. That is the actual new produc- out under the headline ‘‘OPEC Bases damaged its image by its interference with tion. It is not 1.7 million barrels a day, New Production Strategy on Price and imposition of its position on a group of it is 500,000 barrels a day. Band Experiment.’’ sovereign nations. Let me take it one step further be- Mr. President, I ask unanimous con- He also suggested that US actions both cause this really excites me, and that sent that this article be printed in the now and last year put Opec in a bad light. ‘‘We were discredited,’’ he said. ‘‘When we is, what our share of OPEC oil has RECORD. cut the production we were blamed. When we been. Our share has been about 16 per- There being no objection, the mate- increased the production we were blamed.’’ cent. If we got another 500,000 barrels rial was ordered to be printed in the The Iranian delegate refused to criticize increase—remember, this does not go RECORD, as follows: ministers of other countries directly, but he just to the United States, this goes to [From the Oil Daily, Mar. 30, 2000] did indicate strong displeasure with what he all the customers of OPEC all over the OPEC BASES NEW PRODUCTION STRATEGY ON said was a prearranged agreement formu- world. The U.S. share is about 16 per- PRICE BAND EXPERIMENT lated by the US. ‘‘We are not here to rubber- cent. So that amounts to about 79,000 (By Toby Odone and Barbara Shook) stamp agreements,’’ he said. At the same time, he stressed, Iran is not barrels a day. Buried in the furor over Iran’s refusal to go trying to undermine Opec as an organiza- With the help of some of my staff and along with other Opec members in raising oil tion. Iran would have supported an increase the AAA, we determined the immediate production is a highly innovative price band of 1.7 million b/d if it had been accomplished metropolitan area of Washington, DC, mechanism, designed to keep prices within a in two stages, starting with 1.2 million b/d. uses 121,000 barrels a day. This means range of $22 to $28 per barrel for the Opec At the same time, Iran will not give up any basket. market share by withholding its barrels. that with the 500,000 new barrels, we The arrangement calls for producers to in- ‘‘We would at least do the minimum that are not even standing still. crease output by 500,000 barrels per day on a would have been allocated,’’ he said. Output I do not want to put too much of an pro-rata basis if oil prices remain above $28 will be adjusted up or down as the market arithmetic load on my colleagues, but for 20 consecutive days. They also will cut dictates. production by the same amount if prices fall there is one more figure they ought to One market that will not influence any below $22 for 20 consecutive days. know about, and that is the little se- Iranian action is the US. ‘‘The US should not Opec delegates were hailing the new accord cret of the administration and the De- have expected any more than what we did be- as a breakthrough that for the first time partment of Energy they did not want cause Iran does not have an interest in the guarantees minimum national revenues, US market,’’ he declared. ‘‘Had it been a dif- you to hear. They did not want you to making budget-setting and fiscal planning ferent situation, Iran might have acted dif- find out what was written between the less hazardous. In addition, it potentially ferently.’’ lines of the OPEC agreement. Here it provides the market with the stability that Some observers questioned the whole sce- is. Buried in the agreement is what producers and consumers, primarily from the nario here, wondering if Saudi Arabia and U.S., have been calling for loudly in the past they call a ‘‘price band’’ provision to Iran weren’t playing a high-stakes inter- keep the prices between $22 and $28 a few months. Nevertheless, should the nine countries national version of ‘‘good cop, bad cop.’’ barrel. We have seen prices for oil go They cited the high price range of the Opec up to $34. A year ago, that price per that have adopted the new policy adhere to its terms, the upper limit of the new ar- basket relative to WTI as one example of the barrel was at $10 and $11. rangement could see the price for West Texas bad-cop side, with the output increase as the This is a unique arrangement, but Intermediate (WTI) rise above $30. On several good cop angle. In the process, Saudi Arabia, our friends in OPEC are unique in their occasions, the U.S. has said this level is too Kuwait, and the United Arab Emirates could craftsmanship of what is in their best high, just as last year’s $10 was too low. appear to be cooperating. Iran, which had interests. The arrangement calls for Even Iran, which is not party to the new nothing to lose but the sale of a few bushels of pistachios, could represent Opec’s con- producers to increase output 500,000 quota accord, says it would go along at least with the concept of the price band mecha- tinuing independence from outside pressure. barrels—remember where you heard it. Most Opec ministers and their delegations That is the 500,000 that is the actual in- nism. Its production level would be the same volume as the base for the now rolled-back left Vienna on Wednesday fully expecting crease. They said: March 1999 agreement. Adjustments, how- prices to stay firm, despite some analysts’ The arrangement calls for producers to in- ever, would be made as Iran reads the mar- suggestions that discord in the organization crease output 500,000 barrels per day on a pro ket, not according to the Opec formula. might herald a sharp sell-off. However, Opec rata basis if oil prices remain above $28 for 20 Opec made no mention of the new price- insiders pointed out that the new price consecutive days. band mechanism in the official communique mechanism may forestall countries’ normal My friend, I am a businessman. I un- issued early Wednesday after a marathon inclination to cheat. six-hour negotiating session. derstand the fine print of an agree- NEW OPEC QUOTAS ment, but I do not think the folks Word of its proposal was beginning to leak out, however, even before the session ended, [Thousands of b/d] down at the White House do or, if they as delegation sources told EIG’s Energy In- do, they do not want you to know telligence Briefing (EIB) that some ‘‘innova- Apr. 1 % chg. about it. This agreement further states tive and flexible’’ new terms were under dis- Algeria ...... 788 7.8 that OPEC will also cut from produc- cussion. Several ministers also referred ob- Indonesia ...... 1,280 7.8

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1960 CONGRESSIONAL RECORD — SENATE March 30, 2000 NEW OPEC QUOTAS—Continued matter of determining where the prior- OPEC nations. Are these countries that [Thousands of b/d] ities of this body are. we can depend on? How stable are We have a lot of options. We have they? What is the risk to Israel as a Apr. 1 % chg. some specific proposals for the short consequence of the difficulties and dis- Kuwait ...... 1,980 7.8 term and the long term that I think de- trust in that part of the world? Libya ...... 1,323 7.8 Nigeria ...... 2,033 7.8 serve consideration. Because if you The U.S. has economic sanctions on 8 Qatar ...... 640 7.9 look at the other side and the adminis- of the 11 OPEC countries. What for? Saudi Arabia ...... 8,023 7.9 UAE ...... 2,845 7.9 tration proposals, it is pretty hard to For human rights abuses, drug traf- Venezuela ...... 2,845 4.6 find anything this specific. ficking, terrorism, weapons of mass de- Total ...... 21,069 The American people are saying: struction. On the other three countries Assumed others: Hey, we have a crisis. We have a prob- of OPEC, to name two, Algeria and In- Iran ...... 3,623 Iraq ...... 2,400 lem. The difficulty I have, to a large donesia, they are certainly among the extent, is where we are seeking relief. least stable nations in the world. Mr. MURKOWSKI. Mr. President, We are not only limited to petitioning Are we through there? I don’t think now they are experimenting on us with OPEC. so. Six OPEC nations even have State this price band. That is a pretty dan- Let’s take a look at our friend, Sad- Department-issued travel warnings gerous precedent to set, but, neverthe- dam Hussein, in Iraq. I have a chart against them. I ask you, if it isn’t safe less, we have become so beholden to that I think shows and tells more than for Americans to travel there, is it safe OPEC, we are 56-percent dependent on I can say in a few words. This shows to rely and entrust our energy security OPEC. the Iraqi oil exports to the United to those countries? The occupant of the chair remembers States. There is virtually nothing in I was looking at some material which the Arab oil embargo in 1973. We had 1997. I think I have here. It is kind of star- gas lines around the block. A lot of But we all remember in 1991 we tling because I think we had some ref- people were unhappy. Oil was more fought a war over there. We sent young erence by Senator LOTT who is con- than $30 a barrel. We were excited here. American men and women. We had 147 cerned about our increasing support of We were concerned. We said: We will casualties in that war—147. We had 423 Iraq and the realization that Iraq is never allow exports to get to a level of who were wounded. We had 26 who were creating a missile capability. I wonder more than 50 percent. We created some- taken prisoner. for whom those missiles are designed. thing to ensure that we had some re- That war was in 1991. But what about Mideast countries? Israel? Who is to lief. We created the SPR, the Strategic the American taxpayer? What hap- say? But we are enriching and we are Petroleum Reserve. We wanted to have pened? You remember, we have been making possible the cash-flow that a 100-day supply. I think we have a 56- enforcing the no-fly zone over there. Saddam Hussein has; otherwise he day supply in the SPR today. We have troops stationed around there. would not have the cash-flow. Now some people say: We have an We have the fleet. We have been keep- As we look at that energy policy that emergency. Take the supply out of the ing Saddam Hussein fenced in, if you I talked about, although it is pretty SPR. Think about that. It is very dan- will. The cost to the American tax- hard to identify. It certainly is to im- gerous to use your reserve to manipu- payer has been $10 billion. That is what port more. It does not suggest we de- late prices. You can only draw about 4 it has cost in the last 9 years. The ad- velop domestic resources in this coun- million barrels a day out of the Stra- ministration does not factor that in. try. We have the technology to do it tegic Petroleum Reserve, which is lo- When we look at our fastest growing safely. We know that. cated in the salt mines of Louisiana. If source of imported oil coming into the There is a great hue and cry by the you take it out, remember, you have to United States, it is coming from our administration against opening up the refine it. Then what are you going to good friend, Saddam Hussein. Incred- Arctic Coastal Plain. In my State of do for a fallback in a real emergency? ible. I am indignant over it. I don’t Alaska, we have been contributing 20 OPEC is watching what we do. If we know about you and my colleagues. percent of the total crude oil produced pull down our Strategic Petroleum Re- Last year, we imported 300,000 barrels in the United States for the last 23 serve, we become that much more vul- a day from Iraq. This year we have im- years. We have a pipeline that is 800 nerable and, as a consequence, more ported 700,000 barrels a day. miles long. It has withstood earth- likely to be held hostage. The day before yesterday the Depart- quakes and it has withstood dynamite, As we address what we are going to ment of Commerce issued a release on shots fired at it. do this afternoon, again, I reiterate, is sanctions for some of the technical We have an area in Alaska that I can the priority here for a short-term fix parts that are needed within Iraqi re- show my colleagues on a chart relative for the American consumer not at the fineries to increase their production by to the location and a brief description expense of the highway trust fund but an additional 600,000 barrels a day. We of where it is, because it is important at the expense of making it up through are certainly cooperating with Saddam that you understand a few things. the budget process some other way? I Hussein. Where do the profits go? We This morning I had an opportunity to think that is a legitimate question. suspect they probably go to the Repub- speak on C-SPAN. One of the callers When you pit what we are attempt- lican Guard who have something to do asked: Senator, you would like to open ing to propose on this side of the aisle, with keeping Saddam Hussein safe. It up the Coastal Plain, but why don’t which is some kind of relief, to that is questionable if funds really go to the you put the rest of it in a wilderness or proposed by the other side of the aisle, people of Iraq. put it in a refuge or something? which is no immediate relief, the dif- I was looking at some figures the I will shortly have a chart to show ference is clear. The Administration other day. As we rely on the Mideast, I you we have already done that. We suggests only that we develop alter- think we should be reminded that what have 19 million acres in what we call natives, and that we have conserva- is happening here is we are enriching the Arctic National Wildlife Refuge. tion, all of which are worthwhile. But the Mideast, the Arab oil empire. This is an area that alone is 19 million those goals are not going to help mom As I said, in 1973 we were 36-percent acres. It is about the size of the State today on her way home with the kids dependent. Today we are 56-percent de- of South Carolina. We have already put from the soccer game when she has to pendent. But the startling reality is— 8 million acres in a permanent wilder- fill up the sports utility vehicle and it and you may not believe history teach- ness, 9.5 million acres in a refuge per- is going to cost her $80. It is not going es anything; some people say it does manently. But we left for this body to to help the farmer. It is not going to not teach much—but the forecast that determine whether we could safely ini- help my fishermen. It is not going to the Department of Energy has publicly tiate exploration in what they call a help the truckers. They want relief put out is that we will be importing 65 1002 area, which is 1.5 million acres. today to stay in business. percent of our oil by the year 2015 to That is all. The question is, Is this the We have that opportunity. We are 2020. time to bring in the environmental going to make that choice. It is a Currently, we receive 46-percent of community to work with us to open it choice. It is a legitimate choice. It is a our oil from OPEC; that is, on the 11 safely because we have an abundance of

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1961 capacity? This is the area I am talking until the end of this year only, that it it. We will have to invest $1.5 trillion about specifically. This is the 19 mil- would come on only if the average for that infrastructure. But, the gas is lion acres. This is the refuge, 9.5 mil- price of gasoline got to $2 a barrel, and not available for exploration because lion acres; this is the wilderness, 8 mil- that the 4.3-cent-a-gallon tax origi- they won’t let us have access to public lion acres; this is the Coastal Plain, 1.5 nally did not go to the highway trust lands. So gas is not the answer. million acres. The footprint would be fund, it went to the general fund. If you look at what we are attempt- 2,000 acres, if the oil is there. We have I conclude with what we are going to ing to do as opposed to what the other the pipeline right over there. The present to this body in our legislative side has proposed, which is what? Al- President vetoed this in 1995. If he had package, which is some kind of a relief ternative energy, conservation, some approved it, we would have production for the Northeast on crude oil storage, tax breaks—I am all for those things. today. We have an availability of 1 mil- for not only crude but heating oil. But we have to do something right lion barrels a day in this pipeline right They have been hit very hard, and they now. We have a plan. And if it is a pri- now. We have the overthrust belt, as I are going to be hit harder when they ority and deemed a priority by this have indicated. We have OCS. We have generate electricity this summer. A lot body, then you have a choice. You have the Rocky Mountains. But there is no of it is going to be generated from fuel a choice of whether to vote for the gas effort by the administration for domes- oil. They are going to be paying per- tax suspension for the balance of this tic production. haps a third to two-thirds more for year, if you feel that is a priority or For those who wonder what it is real- electricity because that is what comes you don’t. It will not jeopardize the ly like up there and have never been on the line last. As a consequence, the highway trust fund. Again, it is no free there but are experts on it, who speak costs associated with all other forms of ride. We will have to find that money on the floor with profound knowledge energy raise up to the last energy someplace else. and have never been to Alaska, let source that contributes to the power I could go on at length, but I felt it alone the Arctic, this is the Arctic pool, and that will be fuel oil. necessary to make this presentation to Slope of Alaska. This is a rig. This is We are also going to look at an effort ensure that we had a fair under- what it looks like 8 months of the year. to address the difficulty with the strip- standing of what we are proposing in This is winter. It is a long winter. It is per wells by establishing some kind of our caucus for immediate, interim, and pretty dark. This is an ice road. This is a bottom price level where, when oil long-term relief options against what an ice pad. They build it up with water gets very low, they can still stay in ex- you are hearing from the other side. I and ice so the footprint is minimum. istence. Make no mistake about it, the wanted you to know what we can do Here is the same picture in the sum- strippers make a tremendous contribu- domestically to relieve our dependence mer. The summer should be 4 months, tion. We can’t afford to lose them. on imported oil. And, I wanted to point but it is really only about 3. This is the They are all over Oklahoma. They are out what the administration says we tundra. That is the footprint. That is in Kansas, in many States. Senator got the other day compared to the re- reality. It is awful hard to get people KAY BAILEY HUTCHISON has legislation ality of what we got when we read the to come up and look at it and recognize to address their survival. fine print. it for what it is. We have legislation for delay of rent- It appears that our negotiators got We are concerned about some of our al payments, to allow expenses for geo- the short end of the so-called stick be- friends, legitimately so. These are le- logical and geophysical costs, percent- cause that increase, again, was only gitimate friends. They are going for a age depletion legislation, NOL 500,000 barrels a day. It has a floor and walk. Where are they walking? They carrybacks, marginal and inactive well a ceiling: a $28 ceiling; a $22 floor. If are walking on the pipeline. It is warm. tax credits, language to address open- you think we will see oil cheaper than They don’t get their feet cut. Here are ing within the overthrust belt on pub- that, it simply is not going to happen. three bears, right at home. That is not lic lands. If any Members would like to discuss a prop; that is real. Obviously, we are interested in coal with me just what is in this highway We have a few more friends; we are because coal can play a major role in tax bill, please don’t hesitate to do so. concerned about these friends. Here are the power source needs of this country. I yield the floor. some of our friendly caribou. There you This administration proposes to close f have it. That is Prudhoe Bay. That is eight coal-fired plants. They claim the technology that is 30 years old. No management of those plants is going to LAUNCHING OUR COMMUNITIES’ guns allowed; you can’t shoot them. be held criminally liable because they ACCESS TO LOCAL TELEVISION You can’t run them down with a snow have intentionally extended the life of ACT OF 2000—Continued machine. When we started Prudhoe these plants that were grandfathered. The PRESIDING OFFICER (Mr. Bay, we had 3,800 caribou. Now we have That is the full employment act for the SMITH of Oregon). The Senator from a herd of more than 18,000. I don’t know lawyers. They have no idea of where Minnesota. whether that convinces anybody that they are going to pick up the power to Mr. GRAMS. What is the order of we have a sensitivity about the envi- substitute for these plants. business before the Senate? ronment, that we can work with our We can address coal through tech- The PRESIDING OFFICER. The technology and do it right. If we get an nology, given the opportunity. The ad- pending business is amendment No. opportunity for people to objectively ministration doesn’t have a plan for 2902. take a look at the job we have done, coal. What are they doing with nu- Mr. GRAMS. Mr. President, I ask the technology we have developed over clear? Nothing. They won’t address the unanimous consent to speak up to 10 the years, and the opportunity we have problem of what to do with the waste. minutes in support of S. 2097. to contribute to the energy security of On the West Coast, they will not do The PRESIDING OFFICER. Is there this country as opposed to more de- anything about hydro. They are pro- objection? pendence on imports, they usually posing to take the dams down. I don’t Mr. BYRD. Reserving the right to ob- agree with us. know how many hundreds of trucks a ject, and I will not object, I ask unani- That is where we are. I will conclude day are going to be on the highways of mous consent that I be recognized fol- with a short rundown of the long-term Oregon if they take those dams down. lowing Mr. GRAMS to speak out of and intermediate relief that we have Grain will be moved by truck rather order. proposed within our caucus to provide than barge, contributing to more gas The PRESIDING OFFICER. Is there an opportunity to Members of this usage and more pollution. objection? body to address what kind of relief The Administration says, we are Without objection, it is so ordered. they want. I have spoken to the gas going to move to increased use of nat- Mr. GRAMS. Mr. President, I rise tax. I have enunciated quite clearly ural gas. If you read the National Pe- this afternoon to express my strong that we do not have at risk the high- troleum Institute figures, we are using support for S. 2097, the Launching Our way trust fund. That will be made 20 trillion cubic feet of gas now. In the Communities Access to Local Tele- whole. I have explained in detail that next 15 years, we would be up to 31. We vision Act of 2000. I also commend Sen- this measure would suspend the tax don’t have the infrastructure to deliver ator CRAIG THOMAS and Senator TIM

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1962 CONGRESSIONAL RECORD — SENATE March 30, 2000 JOHNSON for the work they have done. ming without mandating a specific board that it has the expertise, capac- They have been on the floor today technology to provide this service and ity and capital strength to provide fi- talking about this bill; more impor- thereby encouraging competition and nancing pursuant to the act. tant, they have been working for days, innovation by independent cable com- Mr. President, I believe the Johnson- weeks, and even months trying to put panies and satellite providers. Thomas-Grams amendment will this bill together. I really thank them I was very concerned that this legis- strengthen the LOCAL TV Act and en- and commend them for all the work lation excludes several private lenders sure that rural Americans will soon and effort they put into getting this from providing the financing to ensure enjoy the benefits of local television bill to where it is today. local-into-local programming through- programming. I am pleased that Chair- During the 106th Congress, few issues out rural communities. Specifically, man GRAMM has been working to ac- have generated as many phone calls, the LOCAL TV Act provides that the commodate our concerns and strength- letters, and e-mails to my office as federal government will guarantee 80 en this legislation. those opinions expressed by rural Min- percent of any loan that is provided by Mr. President, again, I commend and nesotans concerned about the future of FDIC insured depository institutions. thank very much Senators CRAIG their satellite television programs. So far, so good. THOMAS and TIM JOHNSON for all their In recent months, Federal district Mr. President, limiting the guarantee hard work in making this legislation court decisions terminating the sat- to 80 percent assures that whichever possible. I urge everybody’s strong sup- ellite signals of thousands of satellite lending institution provides the financ- port of this amendment. subscribers and the uncertain status of ing will have very good reason to give I yield the floor. the Satellite Home Viewer Act have the loan request extensive scrutiny to The PRESIDING OFFICER. The Sen- caused unnecessary frustration and in- justify the 20 percent of the loan which ator from Kentucky. Mr. BUNNING. I ask unanimous con- convenience for Minnesotans who de- is not guaranteed and perhaps decide sent that the prior order to allow Sen- pend upon satellite television for infor- not to lend. This careful scrutiny ator BYRD to follow Senator GRAMS be mational, education, and entertain- would be less assured if we allowed 100 vitiated. ment programming on a daily basis. percent government loan guarantees. The PRESIDING OFFICER. Is there For these reasons, I am very pleased to I also support authorizing the FDIC objection? have supported the enactment of legis- insured lenders to have the oppor- Without objection, it is so ordered. lation last year that reauthorized the tunity to participate in the loan guar- Mr. BUNNING. Mr. President, I rise, Satellite Home Viewer Act. antee programs. However, the bill cur- first of all, to support S. 2097, the The Satellite Home Viewer Improve- rently excludes certain private sector LOCAL TV Act of 2000. ment Act has begun to encourage lenders which have substantial experi- I ask unanimous consent to withdraw greater competition between the sat- ence providing multi-million dollar the amendment I had previously of- ellite and cable industries while also loans in a coop environment and which fered and on which the yeas and nays providing consumers in the top tele- have a track record of support for were ordered. vision markets with the benefit of projects of this size in rural areas. The PRESIDING OFFICER. Without ‘‘local-into-local’’ television program- For this reason, I have joined with objection, it is so ordered. ming. Additionally, this law has pro- Senators JOHNSON and THOMAS to in- Mr. BUNNING. Mr. President, I want tected existing satellite subscribers troduce an amendment to this bill to make a few comments about the from having their distant network sig- which will expand the list of eligible mistaken identity by the National As- nals terminated and reduced the copy- lenders. Specifically, the Johnson- sociation of Broadcasters in relation- right fees paid by satellite providers. Thomas-Grams amendment requires el- ship to my amendment. What we have This reduction in copyright fees has igible lenders to have at least one issue tried to do, and what this bill has suc- helped to make satellite service more of outstanding debt that is rated in one cessfully done, is allow most of the affordable to consumers, particularly of the three highest rating categories areas in the United States to have ac- in rural areas. by a national statistical rating agency. cess to dish or satellite television. But I also recognize that millions of This provision will ensure that our ex- there are areas that have been ex- Americans in small, rural areas have panded list of lenders will have been cluded. I will give you an example of not begun to enjoy the local-into-local subjected to rigorous marketplace some of those. programming because satellite carriers scrutiny. The process of achieving one Areas are excluded when most of the do not have the capability to provide of the three highest investment grade television stations that are received this service into small, rural areas im- ratings involves an intense review of instate are based out of the State. I use mediately. In fact, two of the largest the lender’s capital strength, lending Kentucky as an example. If you want satellite providers, DirecTV and expertise, and loan loss experience. to hear something in Kentucky and Echostar, have testified that their The wording for this amendment is you don’t live in Louisville or Lex- companies will initially provide local- almost identical to wording which this ington, or a couple of other smaller cit- into-local service to households in the body utilized last fall when we passed ies, such as Bowling Green and Padu- top 50–60 television markets. Thus, ap- S. 900, the Gramm-Leach-Bliley bill. In cah, you must get your television proximately 150 television markets that landmark legislation, the test of news, sports, entertainment, and ev- such as the Duluth-Superior, Roch- marketplace scrutiny was used to de- erything, from out of State, a different ester, and Mankato television markets termine which of the top 50 national ADI, such as Cincinnati; Charleston- in Minnesota will not receive this pro- banks could conduct expanded activi- Huntington, WV; Knoxville, TN; Nash- gramming as quickly as urban ties in a bank subsidiary. ville, TN; Evansville, IN; and on and on markets. The theory we used was that market- and on. I firmly believe that Congress should place discipline is an important thresh- This bill does not adequately cover ensure that rural America receives the old in sorting the qualified from the those areas because it says generally if benefits of this technology and local- unqualified. That same approach is you are brought in an ADI area that is into-local programming. For these rea- being put in place here. covered by an out-of-State television sons, I have been working with my col- Lastly, our amendment also requires station, you must accept that. There leagues on the Senate Banking Com- an eligible lender to have provided fi- can be exceptions. But, living in Ken- mittee, industry groups, and con- nancing with outstanding debt from tucky, I surely don’t want to have to sumers to pass the ‘‘LOCAL TV Act.’’ the Rural Utilities Service. This provi- watch Atlanta television, or Atlanta This legislation would establish a $1.25 sion is important because the under- news, or, for that matter, Cleveland, billion loan guarantee program to fa- lying bill authorizes the Rural Utilities OH, news on my satellite dish. I know cilitate access to local television pro- Service to be the administrator of the most Kentuckians don’t want that. gramming in rural Minnesota commu- loan guarantee program. Of all the issues that have come be- nities and throughout the country. Im- The second part of this provision fore the Senate, this has been the one portantly, the LOCAL TV Act will help states that the approved lender must on which I have received the most in- to facilitate local-into-local program- demonstrate to the loan guarantee formation. I received a paper put out

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1963 by the National Association of Broad- I will be supportive of both the second- One of the modifications, frankly, is casters that criticized my amendment degree amendment and first-degree as follows: Including noncontiguous to allow all or at least require one of amendment. We will accept those. States. the local markets in Kentucky to carry Senator JOHNSON and I have worked I chuckled a little bit because that is it on the dish or on the satellite. It out differences. We will accept that Alaska, which is wonderful. But it also said it ‘‘destroys the network affili- amendment. is a technical matter that makes it ation relationship.’’ But that is hog- We will then be ready for a vote on more likely it is not necessarily con- wash. It does not destroy that. It just final passage. strained by otherwise constraining lan- means that the people in certain areas Senator BAUCUS may offer his amend- guage. don’t want to watch New York tele- ment when he is ready. I have already The amendment basically says that, vision as the thing they get on their offered the amendment for Senator to the maximum extent practicable, dish. If they are only going to go down HATCH. If Senator JOHNSON wants to the board should give additional con- to the first 60 major markets in this offer a second-degree amendment to it, sideration to projects which also pro- country, that is what we are going to he can. If not, if someone will pass it to vide related signals—again, including have to do in many of the rural areas. me, I will do it. high-speed Internet access and Na- This loan guarantee program that we We are putting everybody on notice tional Weather Service warnings. have will cover an awful lot of other that we are coming to the happy hour. The whole point is, we have an oppor- areas. But South Dakota, North Da- We should be able to finish our bill in tunity to help provide broad bandwidth kota, Wyoming, Montana, and plenty about 15 minutes. People can start Internet service to rural America while of areas in this country do not have moving in this direction. we are now passing legislation which major markets and don’t carry all I yield the floor. gives incentives to provide more local- four—ABC, NBC, CBS, and FOX—and The PRESIDING OFFICER. The Sen- into-local television coverage to rural will no doubt not have the coverage ator from Montana. America. I believe we should take advantage of that opportunity and give a they might like to have in their area. AMENDMENT NO. 2900, AS MODIFIED ‘‘Undermines localism’’ is another little boost and a little preference to (Purpose: To make minor and technical those applicants who will provide that thing the National Association of changes.) Broadcasters has said about the additional capability. Mr. BAUCUS. Mr. President, I send I want to sort of chime in on the amendment I just withdrew. an amendment to the desk. point the Senator from Texas was mak- Am I going to watch a local station The PRESIDING OFFICER. The ing about the floor looking as if we from Paducah and go down there and clerk will report. were not doing our work. There was a buy something that has been adver- The clerk read as follows: group of Montana high school students tised on a Paducah station if it is car- The Senator from Montana (Mr. BAUCUS) here about 2 or 3 hours ago. They asked ried on my dish? Of course not. I am for himself, Mr. LEAHY, Mr. ROBB, Mr. STE- me, Why aren’t there more Senators on going to go to my local store, or wher- VENS, Mr. WELLSTONE, Mr. KENNEDY, Mr. the floor and why are we not doing ever it might be, and buy the exact BURNS, and Mr. MURKOWSKI, proposes an business? I explained to them, as the amendment numbered 2900, as modified. same thing that is available in my Senator from Texas essentially said, local area. I can pick up a local station Mr. BAUCUS. Mr. President, I ask that a lot of work is not done directly out of Cincinnati with rabbit ears. I unanimous consent that reading of the in debate but there are negotiations don’t need a dish for that. amendment be dispensed with. and kind of behind-the-scenes work It ‘‘creates two classes of satellite The PRESIDING OFFICER. Without going on to work things out. I com- viewers’’—no, it doesn’t. We all pay al- objection, it is so ordered. pliment the Senator for his work in most the same amount for basic sat- The amendment is as follows: helping us accomplish that objective. ellite television. My amendment did On page 25, line 10, insert after ‘‘local tele- Before I finish, I also want to pay not change that. vision stations’’ the following: ‘‘, and related particular compliments to not only the ‘‘Flies in the face of both copyright signals (including high-speed Internet access Senator from Texas but to my col- and communication laws’’ —not being and National Weather Service Warnings),’’. league from Montana, Senator BURNS. On page 30, strike line 9 and insert the fol- a lawyer, and having dealt only with Senator BURNS has been very active in the prior law we passed last year, I lowing: ‘‘means by which local television broadcast signals, and related signals (in- helping provide both local coverage know full well it doesn’t violate any of and satellite coverage. I want to par- those provisions in that law we had on cluding high-speed Internet access and Na- tional Weather Service Warnings),’’. ticularly note that; in addition, cer- the floor of the Senate. On page 33, line 19, strike ‘‘areas,’’ and in- tainly managing a bill of this size, Sen- Last, but not least, it says, ‘‘it cre- sert ‘‘areas and the number of States (includ- ator JOHNSON as well as Senator LEAHY ates a huge regulatory disparity.’’ No ing noncontiguous States),’’. from Vermont. other multichannel video provider has On page 33, beginning in line 22, strike ‘‘es- There are a lot of people who worked nearly such an extensive ‘‘must carry’’ timated cost per household to be served.’’ on this. We are making progress. Some- requirement. We don’t want them to and insert ‘‘efficiency in providing service times it is a little slow. It is not very carry every station in Kentucky. We given the area to be served.’’. expeditious, but that is the nature of want them to carry one that has four On page 33, between lines 23 and 24, insert the following: our democracy. I thank them. of the major networks. That is what we (B) ADDITIONAL CONSIDERATIONS.—To the Mr. GRAMM. Mr. President, I thank want. maximum extend practicable, the Board Senator BAUCUS for working with us on We will work it out later. I have should give additional consideration to the amendment. We are supportive of talked with Senator BURNS, who is projects which also provide related signals the amendment and we accept it. most expert on this, and I hope to work (including high-speed Internet access and Mr. STEVENS. Mr. President, I am with Senator MCCAIN on Commerce to National Weather Service Warnings). pleased the amendment I cosponsored get this done. This is not the time nor On page 33, line 24, strike ‘‘(B)’’ and insert was agreed to. the place to fight this fight. I will fight ‘‘(C)’’. That amendment did three important it another day at a later date. Mr. BAUCUS. Mr. President, this is things. First, it made clear that any I yield the floor. an amendment to which the chairman plan put forward to provide local The PRESIDING OFFICER. The Sen- of committee has graciously stated he broadcast signals to rural areas takes ator from Texas. agreed. This is a modification of an into account service to Alaska and Ha- Mr. GRAMM. Mr. President, I think earlier amendment I provided. This waii. Under my amendment these non- while we have looked as if there was in- amendment essentially provides that contiguous States are elevated from action and chaos all afternoon—it felt related signals, including high-speed afterthoughts to priority consider- like it at various moments—the truth Internet access and National Weather ation. is, we have done our work. Service warnings, be included in the We also altered another priority in Senator BAUCUS has an amendment criteria when the board decides which this bill that could have inadvertently which I intend to accept. Senator loans to guarantee in providing for penalized the most rural States. Origi- HATCH as a second-degree amendment. local-into-local service. nally the bill mandated that the cost

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1964 CONGRESSIONAL RECORD — SENATE March 30, 2000 per household of providing service be a We have put together a bill aimed at hope we can dispose of both of these top priority. protecting the taxpayer. It is a risky matters shortly. Such a provision sounds good on its business trying to come up with the It has been a long time coming. But face but the high cost of service to out- technology and investing $1 billion to it was worth the wait. lying areas is one reason why the in- get local television stations to rural I want to thank my colleagues—espe- cumbent satellite and cable providers America. A lot of things can go wrong. cially Senator JOHNSON—for making are not serving our areas. My amend- This is a dangerous business we have essential improvements. Because of ment doesn’t remove cost as a factor, undertaken. their patience and persistence, we are but it ensures that rural states aren’t Given that the Senate and the House now—finally—on the verge of passing a penalized when proposals are made. of Representatives, by overwhelming bill that will give rural Americans the Finally, this amendment includes numbers, decided this was something same access to affordable local TV pro- language that would allow high-speed that needed to be done, we committed gramming as everyone else in our na- internet access to also be supported by in the Banking Committee to try to do tion. the loan guarantees. right. We said that the Committee Senator JOHNSON’s amendment is the I thank Senators BURNS, BAUCUS and would report a bill by the end of this heart of this bill. LEAHY for their help. month. In fact, we passed a bill unani- It will allow banks associated with The PRESIDING OFFICER. The mously in our Committee a month ago. rural cooperatives to lend coops question is on agreeing to the amend- I believe we have done as good a job as enough money to build their own sat- ment. possible given the mandate we had and ellite facilities. The amendment (No. 2900), as modi- given the interest of the people who are The reason this is so critical is be- fied, was agreed to. both on the Committee and serve in cause commercial satellite broad- AMENDMENT NO. 2902, AS MODIFIED the Senate. casters have made it absolutely clear: Mr. GRAMM. Mr. President, I send a I am proud of this bill, and now we They have no interest in serving rural modification to the amendment I pre- have to go to conference. They have di- markets. They don’t think it’s worth viously sent forward on behalf of Sen- vided jurisdiction in the House, and it their time or money to build satellite ator HATCH. will be a difficult conference. TV facilities for rural markets. The PRESIDING OFFICER. The My goal is to stay true to two prin- The same is true of many commercial amendment will be so modified. ciples: No. 1, we want to enhance the banks. The amendment (No. 2902), as modi- chance that people who live in rural If the only choice for rural commu- fied, is as follows: America, especially in isolated areas, nities was to borrow from commercial On page 49, strike lines 1 through 13 and can get their local television signal. banks to build satellite facilities, the insert the following: Second, we want to be good stewards of communities—very likely—would end SEC. 8. DEFINITIONS. the taxpayers’ money. We want to up paying high interest rates. On page 50, line 23, strike ‘‘10.’’ and insert guarantee to the best of our ability not Those high interest rates would drive ‘‘9.’’. only that the loans will be made but up the costs of building the satellite fa- On page 27, line 21, strike ‘‘10’’ and insert that they will be paid back. It does no cilities. in lieu thereof ‘‘9’’. good to make bad loans, because bad That, in turn, would drive up the Mr. GRAMM. I don’t think there is loans don’t produce local TV signals. price rural Americans would be forced any further debate on this amendment. Bad loans simply cost the taxpayer to pay for local TV programming. I believe it is acceptable to both sides. hundreds of millions of dollars and do Senator JOHNSON’s amendment, The PRESIDING OFFICER. The no good. though, means that banks associated question is on agreeing to the amend- I thank Senator JOHNSON who has with rural cooperatives can also make ment, as modified. been a leader on this. I thank CONRAD loans to build satellite facilities. The The amendment (No. 2902), as modi- BURNS. More than anybody else, CON- coops will charge lower interest rates fied, was agreed to. RAD BURNS is responsible for this bill than commercial banks. Mr. GRAMM. We just received a copy passing the Senate today. He had the This is a huge victory for people in of the amendment Senator JOHNSON idea, he put together a proposal, and he small towns and rural communities in and I worked out. While he is reviewing worked with Members to put together South Dakota, and all across America. it, let me make my concluding re- a better proposal. He has been the con- The reason we fought so hard to get marks. stant driving force for this to happen. this bill right is because this is not just We had a very difficult mandate, to When ABC Saturday football comes about entertainment. This is about take a bill from last year and make it on with the local football team, I hope public safety. possible for people living in rural people will think about CONRAD BURNS It is potentially about life and death. America to get their local television and the leadership he provided in mak- Local stations provide local news and station so they can receive local news, ing it possible for them to view these public affairs programming. They also the local weather, the local football shows. provide weather updates. game, all of which are critical to life in We will dispense with this amend- A year and a half ago, a tornado de- this great country that we know as the ment by a voice vote. Anyone who stroyed much of the town of Spencer, United States of America. wants to make a last-minute state- South Dakota. As devastating as that The problem from last year is that, ment on this bill, please come to the tornado was, it could have been far with the confluence of interests that floor. We are very close to a vote on worse. It could have claimed many would be affected, they put together a final passage. lives. bill that was 100 percent loan guar- I yield the floor. One reason it did not may very well antee, that did not have an effective The PRESIDING OFFICER. The have been because Spencer is within way of protecting the taxpayer. There- Democratic leader. the Sioux Falls local broadcast area. fore, the scoring by the Congressional Mr. DASCHLE. First, I compliment People could turn on their TVs and Budget Office was a potential default my colleague, Senator JOHNSON, for the see that the tornado was coming, and rate of about 45 percent. extraordinary efforts he has made in take cover. On a bipartisan basis, we have now reaching this compromise. I com- But most South Dakota communities put together an alternative. We have a pliment, as well, the Republican man- are outside both the Sioux Falls and loan board made up of the Chairman of ager, Senator GRAMM, for the work the Rapid City broadcast areas. the Federal Reserve Board, the Sec- that has gone into the agreement that Without Senator JOHNSON’s amend- retary of the Treasury, and the Sec- we now have reached. ment, it is doubtful that they would be retary of Agriculture, or their Senate- This is an important piece of legisla- able to receive local weather or news confirmed designees. We guarantee tion. I think we are going to see a very reports. only 80 percent of the loan. We have an strong vote. It is, in large measure, due Rural coops have a 60-year history of expanded ability to go behind shell cor- to the contributions and leadership of responsibly promoting economic devel- porations to get to real assets. Senator JOHNSON and Senator GRAMM. I opment throughout rural America. By

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1965 adding them to the pool of qualified ‘‘(II) is provided by a nonprofit corpora- The PRESIDING OFFICER. Without lenders, we have greatly improved this tion, including the National Rural Utilities objection, it is so ordered. The Senator bill. Cooperative Finance Corporation, engaged from Montana. primarily in commercial lending, if the I commend Senator JOHNSON again Mr. BURNS. Mr. President, I have a Board determines that such nonprofit cor- for his leadership, and I urge my col- poration has one or more issues of out- couple thank-yous, because this has leagues to vote for his amendment and standing long term debt that is rated within been an issue that has been worked out this bill. the highest 3 rating categories of a nation- mostly because of the cooperation of a The PRESIDING OFFICER. The Sen- ally recognized statistical rating organiza- lot of folks. ator from South Dakota. tion, and, if the Board determines that the Last year, as my colleagues know, we Mr. JOHNSON. Mr. President, we making of the loan by such nonprofit cor- ran into that brick wall called Texas have had a discussion going on poration will cause a decline in the debt rat- GRAMM. Nonetheless, he has just been a throughout the course of this after- ing mentioned above, the Board at its discre- champion of getting this piece of legis- noon relative to the satellite television tion may disapprove the loan guarantee on this basis. lation to the floor and getting it legislation and an amendment that is ‘‘(ii)(I) no loan (including Other Debt as de- worked out. We have a better bill. necessary on this bill. fined in subsection (f)(2)(B) may be made for Under his guidance, under his rec- I commend Senator GRAMM, chair- purposes of this Act by a government entity ommendations, I think we have a bet- man of the Senate Banking Com- or affiliate thereof, or by the Federal Agri- ter bill. We have a better bill for the mittee, and his staff, Senator THOMAS, cultural Mortgage Corporation, or any insti- taxpayers. We have a better bill for the Senator GRAMS, Senator BURNS, Sen- tution supervised by the Office of Federal people who want to receive their local- Housing Enterprise Oversight, the Federal ator SARBANES and his staff, and others into-local via satellite. who have worked diligently on this. We Housing Finance Board, or any affiliate of such entities; I also thank Senator JOHNSON and have spent a lot of time on it. ‘‘(II) any loan (including Other Debt as de- the ranking member of the Banking I believe we are almost at the mo- fined in subsection (f)(2)(B) must have terms, Committee, Senator PAUL SARBANES, ment where we can offer a compromise in the judgment of the Board, that are con- and my colleague from Montana, who amendment and resolve this once and sistent in material respects with the terms made it stronger because they under- for all. We just received a copy of the of similar obligations in the private capital stand the infrastructure is going to be amendment. There are one or two market; broadband services in our rural areas. ‘‘(III) for purposes of subclause (i)(I)(bb), points that are being checked with This is a giant step forward. counsel. Within literally minutes, we the term ‘net equity’ means the value of the total assets of the entity, less the total li- Also, I thank the leader, Senator should be able to confirm the language abilities of the entity, as recorded under gen- LOTT, who put this on the calendar and is exactly what we think it is. erally accepted accounting principles for the said it had to be one of the important I am appreciative of the bipartisan fiscal quarter ended immediately prior to things we pass this year in this Con- effort that went into making this legis- the date on which the subject loan is ap- gress. I appreciate his leadership. I lation a reality. The legislation last proved;’’. yield the floor. fall was a good bill. It permitted the Mr. JOHNSON. Mr. President, I offer The PRESIDING OFFICER. Does the broadcast of local signals to local this amendment on behalf of myself, Senator from South Dakota wish to be areas, but we did need the guarantee Senator THOMAS, Senator BURNS, Sen- recognized? loan provisions to get into the smaller ator GRAMS, and Senator GRAMM. We Mr. JOHNSON. Mr. President, I reit- television markets. have worked throughout the afternoon erate my request for the yeas and nays. It has just been confirmed to me the to expand the universal qualified lend- The PRESIDING OFFICER. Is there a language is as we thought. ers without sacrificing taxpayer pro- sufficient second? There appears to be Again, I applaud Senator GRAMM and tections in the bill. Thanks to the good a sufficient second. others for their work in that regard. faith on all sides, we have now allowed The PRESIDING OFFICER. The AMENDMENT NO. 2903 cooperative lending entities, such as question is on agreeing to amendment (Purpose: To address certain lending the CFC and CoBank, to participate in No. 2903. The clerk will call the roll. practices) the program while ensuring maximum Mr. REID. I announce that the Sen- Mr. JOHNSON. Mr. President, I send protection of the taxpayer dollars. ator from California (Mrs. BOXER) is an amendment to the desk and ask for I ask for the yeas and nays on this necessarily absent. its immediate consideration. amendment. The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The Mr. GRAMM. If the Senator will ALLARD). Are there any other Senators clerk will report. yield, I know Senator DOMENICI wanted in the Chamber desiring to vote? The bill clerk read as follows: to vote on final passage and has to The result was announced—yeas 99, The Senator from South Dakota [Mr. leave to attend a meeting. I do not nays 0, as follows: JOHNSON], for himself, Mr. GRAMM, Mr. think anybody opposes the amendment [Rollcall Vote No. 49 Leg.] THOMAS, Mr. GRAMS, and Mr. BURNS, pro- on which we have worked out a con- YEAS—99 poses an amendment numbered 2903. sensus. If the Senator wants a rollcall, Mr. JOHNSON. Mr. President, I ask obviously, we will have one. Abraham Domenici Kerry Akaka Dorgan Kohl unanimous consent that the reading of Mr. JOHNSON. I appreciate there is a Allard Durbin Kyl the amendment be dispensed with. timeliness issue here, but I do think it Ashcroft Edwards Landrieu The PRESIDING OFFICER. Without is important to have a rollcall on this Baucus Enzi Lautenberg objection, it is so ordered. Bayh Feingold Leahy amendment. This is a very significant Bennett Feinstein Levin The amendment is as follows: matter. This is going to the conference Biden Fitzgerald Lieberman On page 30, strike line 22 and all that fol- committee. I am hopeful we can expe- Bingaman Frist Lincoln lows through page 31, line 3, and insert the dite that matter. Bond Gorton Lott Breaux Graham Lugar following: Mr. GRAMM. Mr. President, I ask ‘‘(D)(i) the loan (including Other Debt, as Brownback Gramm Mack unanimous consent that this amend- Bryan Grams McCain defined in subsection (f)(2)(B))— ment be voted on immediately fol- Bunning Grassley McConnell ‘‘(I) is provided by any entity engaged in Burns Gregg Mikulski the business of commercial lending— lowing a short statement by Senator Byrd Hagel Moynihan ‘‘(aa) if the loan is made in accordance BURNS. Campbell Harkin Murkowski with loan-to-one-borrower and affiliate Mr. BURNS. Mr. President, I can Chafee, L. Hatch Murray transaction restrictions to which the entity make my statement following the vote. Cleland Helms Nickles if subject under applicable law; or Mr. GRAMM. We can do it quickly. I Cochran Hollings Reed ‘‘(bb) if subclause (aa) does not apply, the Collins Hutchinson Reid ask unanimous consent that after the Conrad Hutchison Robb loan is made only to a borrower that is not amendment is adopted, we proceed to Coverdell Inhofe Roberts an affiliate of the entity and only if the third reading and that there be an im- Craig Inouye Rockefeller amount of the loan and all outstanding loans Crapo Jeffords Roth by that entity to that borrower and any of mediate vote on passage of our bill, to Daschle Johnson Santorum its affiliates does not exceed 10 percent of be followed by the cloture vote on the DeWine Kennedy Sarbanes the net equity of the entity; or gas tax legislation. Dodd Kerrey Schumer

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1966 CONGRESSIONAL RECORD — SENATE March 30, 2000 Sessions Specter Torricelli that those smaller markets, the mar- Bay, Madison, Eau Claire, and Wausau Shelby Stevens Voinovich Smith (NH) Thomas Warner kets that most need local television de- and to other areas across the country. Smith (OR) Thompson Wellstone livery by satellite or other means, are This is a good thing for consumers and, Snowe Thurmond Wyden not left behind. The satellite carriers very simply, that’s why I support pas- NOT VOTING—1 and cable companies understandably sage of this measure. I yield the floor. Boxer serve the larger markets first, where costs are lower and revenues poten- Mr. ROBB. Mr. President, I rise The amendment (No. 2903) was agreed tially greater. Hopefully with the adop- today first of all to commend those to. tion and eventual enactment of this members on both sides of the aisle who Mr. STEVENS. Mr. President, I ask legislation today, we will go a long way have worked so hard to bring this im- unanimous consent that the next vote to help all our local communities enjoy portant loan guarantee bill to the in the series be limited to 10 minutes. together the programming most rel- floor. It is the final piece—and in my The PRESIDING OFFICER. Without evant to them, their local television view, the key piece—of a lengthy effort objection, it is so ordered. signals. to enact comprehensive reform of our Mr. HATCH. Mr. President, I am Mr. KOHL. Mr. President, I rise in nation’s satellite television laws. pleased that the Senate has today support of S. 2097, the Launching Our Last year, we passed a bill that I was passed a bill that I tried to have passed Communities Access to Local Tele- proud to cosponsor, the Satellite Home along with the comprehensive satellite vision Act of 2000. Enacting this legis- Viewer Improvement Act of 1999. It re- reforms enacted a few months ago at lation will complete our work on the stored service to thousands of Virginia the end of the last congressional ses- Satellite Home Viewer Improvements households who had been cut off from sion. The reforms we authored are al- Act that we voted into law last fall. their network signals, and more impor- ready bearing fruit. Satellite carriers Simply put, the LOCAL TV bill is the tantly, allowed satellite television are beginning to serve their customers last piece of the puzzle that will en- companies to finally provide local net- local television, which they had not courage competition to cable in all work services to consumers. My only done before. As part of our comprehen- markets, not just the top 20 or 30 larg- disappointment about the Act was that sive reform we developed a loan guar- est urban areas. a last-minute deal removed a provision antee program to help ensure that At the SHVIA Conference just this which would have made it easier for smaller markets would not be left be- past year, we tried to tackle how to en- viewers living outside of major metro- hind in enjoying the benefits of our re- courage ‘‘local-into-local’’ service into politan areas to get satellite broad- forms. all areas, not just the biggest and most casts of their local television stations. The chairman of the Banking Com- lucrative TV markets. But we only had As a result, the only market in Vir- mittee requested further time to re- mixed success. So it made sense to ginia that can receive local-into-local view and improve if possible the pro- postpone the debate until this year. At service is the metropolitan D.C. area, gram, and we were able to work to- the time, I was not entirely com- leaving over 94% of satellite house- gether to meet his concerns. The bill fortable with the precursor of this holds in my state without this crucial the Senate adopts today is similar in measure. But I did then and I do now service. The satellite industry is not most respects to the legislation we de- strongly support its goals. Today’s required to start offering local service veloped last year, and I am pleased package develops an approach that to all their customers, and they’ve that we are finally able to pass this im- combines incentives and loan guaran- made it clear that they don’t intend to portant legislation. tees, which will pave the way for do so, leaving many Americans without I hope the House will act expedi- ‘‘local-into-local’’ service to reach into this important service. tiously on similar legislation, or take our rural areas. I am encouraged by the I believe that every household in Vir- up the Senate legislation as soon as revisions that addressed the concerns ginia, and, indeed, across America de- possible. I have long championed the of Chairman GRAMM and others. serves the same quality local television provision of local television signals by For example, a loan guarantee must service. This isn’t just a matter of satellite carriers for many reasons. be approved by a board comprised of helping rural areas get the latest epi- First, it allows for more direct com- the Treasury Secretary, Federal Re- sodes of ‘‘Who Wants to Be a Million- petition against cable customers alike, serve Chairman, and the Agriculture aire?’’ or ‘‘NYPD Blue’’—it’s about en- in the form of lower prices and better Secretary. Such a board is unlikely to suring that all consumers have access services, as well as expanded choice. sign off on an overly risky proposition. to vital local public safety informa- Second, I believe that local television Their review will help ensure fiscal dis- tion, school closings, weather and news helps unite local communities by pro- cipline and prevent the taxpayer from programming that we’ve come to rely viding programming relevant to that being left on the hook for a bad deal. on. community. It is important that Furthermore, the government will not There’s no question that the market Utahns know what is happening in underwrite the entire amount of the is out there for these services—I’ve their communities, and be able to par- loan. Holding lenders to 20 percent of been inundated with thousands of ticipate in civic affairs as informed the amount financed will make them phone calls, letters and post cards from citizens. They need to know what the scrutinize a loan application long and Virginians who want to subscribe to local weather forecast in New York. hard before they extend credit under them. Unfortunately, many companies And they enjoy watching the local this program. and cooperatives who are interested in sports teams, or other Utah-related Moreover, we still allow market providing new local television services programming. Third, I think local tele- forces to make this program work. The have held back because the financing vision service is more consistent with LOCAL TV bill does not favor any par- can be a bit tricky. the current market relationships than ticular technology. It is techno- The bill before us today will help to beaming the programming tailored to logically neutral. Therefore, whether it address this problem. By providing other communities into our local com- is satellite, cable or an emerging tech- loan guarantees that support new sat- munities. nology, anyone with the entrepre- ellite services that serve rural areas of For these reasons, I pushed reforms neurial spirit to take on the task of de- the country, we can help facilitate the to allow satellite companies to carry livering local television signals to retransmission of local television signals local programming for a number of mote areas is eligible for the program. to areas of the country that are not Congresses, culminating in our passage By creating this incentive for all to able to receive this service. Earlier of the Satellite Home Viewer Improve- participate, we permit the market to today, I joined Senators JOHNSON and ment Act of 1999 last year. The one determine who will win a loan guar- THOMAS in introducing an amendment piece of unfinished business from that antee under this law. that would significantly improve the package of reforms was the loan guar- Hopefully, and most importantly, loan guarantee program by expanding antee program we adopt today. Under this bill will help local-into-local get it to include those entities that are this legislation, government-backed rolled out more ubiquitously to rural most adept at providing rural utilities. loans will be made available to ensure markets in Wisconsin around Green I’m very pleased that a modified

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1967 version of this amendment has been ac- apart from the merits of the proposed Mr. GRAMM. I agree with my col- cepted, and believe that it will go a project. leagues that we should clarify that cur- long way toward bringing affordable Mr. ENZI. I thank the chairman for rent copyright and communications local television signals to unserved this clarification. law will apply to applicants and non- areas in Virginia. APPLICATION OF COPYRIGHT AND COMMUNICA- applicants alike under our loan guar- Mr. President, I’d also like to talk TIONS LAW TO LOAN GUARANTEE APPLICANTS antee legislation. And I will continue for a moment about a second amend- Mr. HATCH. Mr. President, it would to work, as I have heretofore, to ensure ment which I’ve cosponsored, along be appropriate at this point to explain that our loan guarantee bill does not with Senators BAUCUS and LEAHY, to our joint view regarding the applica- change the application of the rules address the issue of the emerging ‘‘dig- tion of copyright and communications passed last year with regard to appli- ital divide’’ between urban and rural law to those who provide local tele- cants or other non-applicant providers America. While many people generally vision signals with the assistance proof television services. think of Internet access as something vided under this Act. We all agree that The PRESIDING OFFICER. The that you get over telephone lines, con- the rights, obligations, and limitations question is on the engrossment and sumers are increasingly able to access that apply to applicants under this third reading of the bill. the Internet at much faster speeds loan guarantee program ought to be The bill was ordered to be engrossed through the same systems used to the same as those providing similar for a third reading and was read the transmit cable and satellite television. services without the assistance of the third time. Our amendment simply clarifies that loan guarantee program. Congress Mr. BENNETT. Mr. President, I ask this new loan guarantee program passed comprehensive rules in this area for the yeas and nays. should look at ways that the same sys- just a few months ago at the end of the The PRESIDING OFFICER. Is there a tems which are deployed in rural areas last session, and it is our joint inten- sufficient second? to deliver local television services can tion to clarify that those rules apply to There appears to be a sufficient also be used to deliver new broadband applicants under this program just as second. communications services. At a time they do to others who take advantage The bill having been read the third when television and the Internet are of the reforms passed last year. To un- time, the question is, Shall the bill heading in a direction where they may derscore this position we have offered pass? The clerk will call the roll. soon converge, we ought to have the an amendment, and that amendment The legislative clerk called the roll. foresight to look at ways that new has been accepted, that will clarify Mr. MACK (when his name was communications systems can support some confusion resulting from the called). Present. multiple services and technologies, manner in which section 8 of the under- Mr. NICKLES. I announce that the particularly when the government is lying bill was drafted by dropping sec- Senator from New Mexico (Mr. DOMEN- helping to finance the deployment of tion 8 from the bill altogether. It is the ICI) is necessarily absent. these systems. This amendment has general rule that otherwise applicable Mr. REID. I announce that the Sen- also been accepted. law will apply absent a clear statement ator from California (Mrs. BOXER) is Again, Mr. President, I strongly sup- to the contrary. Since the relevant sec- necessarily absent. port the underlying bill, and commend tions of Title 17 and Title 47 would The PRESIDING OFFICER. Are there those on both sides of the aisle who apply, the attempt to list the provi- any other Senators in the Chamber de- have helped move it to the Senate sions that apply in this context is su- siring to vote? floor. I look forward to working with perfluous, and to the extent that the The result was announced—yeas 97, my colleagues to ensure that we take drafting in current section 8 could be nays 0, as follows: steps to further enhance the range of read to be inconsistent with current [Rollcall Vote No. 50 Leg.] choices consumers have in the market- law, it merely causes needless confu- YEAS—97 place. sion. It seems best, therefore, to simply Abraham Feinstein McCain ADMINISTRATIVE PROCEDURE ACT drop the provision and make a clear Akaka Fitzgerald McConnell Mr. ENZI. Mr. President, I would like statement that currently applicable Allard Frist Mikulski to engage in a colloquy with the chair- copyright and communications law will Ashcroft Gorton Moynihan Baucus Graham Murkowski man of the Senate Banking Com- apply to applicants under the loan Bayh Gramm Murray mittee. Is it the case that the program guarantee program just as it does to Bennett Grams Nickles established by S. 2097, the ‘‘Launching those providing similar services with- Biden Grassley Reed Bingaman Gregg Reid Our Communities’ Access to Local Tel- out loan guarantee assistance. Do my Bond Hagel Robb evision Act of 2000,’’ would be subject colleagues agree? Breaux Harkin Roberts to the Administrative Procedure Act? Mr. STEVENS. I do agree. It was Brownback Hatch Bryan Helms Rockefeller For example, would the Board estab- never the intention of those who Bunning Hollings Roth lished by this Act be required to make worked on the broad satellite tele- Burns Hutchinson Santorum its proposed rules and regulations vision reforms in the last session to es- Byrd Hutchison Sarbanes available for public comment and other tablish any different copyright or com- Campbell Inhofe Schumer Chafee, L. Inouye Sessions relevant procedures under the Adminis- munications rules for loan guarantee Cleland Jeffords Shelby trative Procedure Act? applicants, but rather that they be Cochran Johnson Smith (NH) Mr. GRAMM. The Senator is correct. governed by the same rules as all oth- Collins Kennedy Smith (OR) Public involvement must be an essen- ers in the market. If special rules were Conrad Kerrey Snowe Coverdell Kerry Specter tial part of this program if it is to suc- established for loan guarantee appli- Craig Kohl Stevens ceed. The Board established by S. 2097 cants, the loan guarantee program Crapo Kyl Thomas falls within the definition of an ‘‘agen- would have collateral effects on the Daschle Landrieu Thompson DeWine Lautenberg Thurmond cy’’ under section 552 of Title 5 of the market for subscription television Dodd Leahy Torricelli United States Code (Administrative services by causing a confusing dis- Dorgan Levin Voinovich Procedure Act) and therefore will have parity in the rules applicable to com- Durbin Lieberman Edwards Lincoln Warner its rulemaking subject to the Adminis- petitors, and possibly skew competi- Enzi Lott Wellstone trative Procedure Act. All parties will tion in unforeseen or inappropriate Feingold Lugar Wyden have an opportunity to be heard. This ways. I agree that it is important to ANSWERED ‘‘PRESENT’’—1 openness to public comment will help clarify the application of law in this ensure that the interests of those most way at that time. I would ask the man- Mack likely to benefit from the loan guar- agers of the bill if they agree with us NOT VOTING—2 antee program—television subscribers and will commit to work through con- Boxer Domenici in unserved areas—will be represented. ference to the end of ensuring that the The bill (S. 2097), as amended, was In addition, an open rulemaking should rules we adopted last year will con- passed. help ensure that no applicant for a loan tinue to apply to applicants and non- Mr. NICKLES. Mr. President, in re- guarantee will receive consideration applicants alike? gard to the legislation just passed, I

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1968 CONGRESSIONAL RECORD — SENATE March 30, 2000 compliment the chairman of the com- None of these facts should be sur- This is not the 1970s. America has mittee, Senator GRAMM, and also Sen- prising. Vice President GORE has vowed better technology, more efficient and ator CONRAD BURNS, for their leader- to prohibit future exploration for oil or cleaner automobiles as well as more ship. They worked on this legislation natural gas on our outer-continental- energy options. The question is: how for a long time. I compliment them on shelf. He has bluntly stated that the long will we hold these options and be passing a good bill and passing it over- internal combustion engine—the very held hostage to nations abroad or rad- whelmingly. mechanism which drove America’s in- ical environmentalists at home? Amer- f dustrial development and led to the ica can solve her energy problems but creation of our middle class—is a Congress must act in the interests of GAS TAX REPEAL ACT—MOTION threat. Maybe that’s why he embraces our entire nation, rather than a select TO PROCEED the Kyoto Protocol which would im- few. The Senate resumed consideration of pose staggering consumption restric- Mr. DASCHLE. Mr. President, I want the motion. tions on our economy, while exempting to explain the procedural situation we Mr. LOTT. Mr. President, today’s other countries. This treaty is so bad are in with regard to the motion to fuel prices are a daily reminder that that my colleagues from GORE’s own proceed on the so-called gas tax repeal. America is now at the mercy of foreign party joined the Senate leadership in I could not be more strongly in opposi- oil producing nations. However, before voting against it 95 to zero. AL GORE tion to the repeal of the gas tax be- you blame your neighbor’s SUV, your may not depend on the internal com- cause of its potential to devastate our local fuel distributors, the oil compa- bustion engine for his livelihood, but a highway and transit programs. nies, the automakers, or any of the lot of folks beyond the Washington Nevertheless, I intend to support the other usual scapegoats, consider this beltway do. motion to proceed this afternoon and I fact—America is one of the leading en- There has to be a solution to this urge my colleagues on this side to do ergy producing countries in the world. problem. Even without tapping all of so for a couple of reasons. This country has the technology, alter- America’s resources, this country still First of all, it seems to me this ought native resources and enough oil to be produces almost half of her fuel needs— to be a debate that we have early next much more self-sufficient. America far more than most industrial coun- week. I think there are a lot of very does not have to revert back to the tries. In the long run, a national en- important questions that ought to be practices of the 1970s. ergy policy that looks at all realistic raised about the advisability of the re- This country is faced with a very se- alternative sources of energy must be peal of the gas tax. I think Governors rious problem. Our nation’s farmers developed. Congress must also provide and those from industries that are in- and truckers are being hit the hard- incentives for independent producers to volved in the construction of our infra- est—simply because of this Adminis- keep their wells pumping. Tax credits structure this year ought to have the tration’s lack of energy policy. In fact, for marginal wells will restore our link opportunity to be heard. Secretary Richardson recently admit- to existing oil resources, including I will read for my colleagues some of the comments made by my colleagues ted that this Administration was many in Mississippi. These solutions on the Republican side of the aisle with caught napping when energy prices will be needed someday soon. began to rise. As a result, U.S. crude In the short term, Congress can re- regard to the gas tax. I think they oil production is down 17 percent since duce or temporarily suspend federal ought to be heard, as well. Let me quote from Speaker DENNIS 1993, and consumption is up 14%. Amer- fuel taxes, which, along with state ex- HASTERT, who on March 26, said: ica now imports 56% of the oil con- cise taxes, account for an average of 40 cents per gallon of gasoline. This would But the problem is that this doesn’t solve sumed—compared to 36% imported at the problem. . .that’s just a little tick in the time of the 1973 Arab oil embargo. include the ‘‘Gore Fuel Tax’’ ram- what the cost of gas is. We need to solve the At this rate the DOE predicts America rodded by the President back in 1993 in real problems out there. will be at least 65% dependent on for- a decision so close that AL GORE head- So said the Speaker of the House of eign oil by 2020. ed to Capitol Hill to cast the tie-break- Representatives. This Administration has close ties to ing vote. Yes, the Vice-President is the The House Transportation Com- radical environmentalists—environ- very reason the 4.3 cent gas tax was mittee chairman, BUD SHUSTER said: mentalists whose strong rhetoric and implemented. Now, as the Administra- Repeal of the fuel tax is the wrong way to drastic actions appear more like a new- tion continues to do nothing to remedy go. [It’s] counterproductive because reducing age religion than a clarion call for this crisis, the Congress can make a a portion of the price without reducing the good stewardship. It appears that the difference. Repealing the Gore Gas Tax underlying cost of crude oil makes it easier White House has spent eight years try- immediately, and providing a complete for OPEC countries to keep prices high. ing to slowly kill our oil, coal, natural federal fuels tax holiday if prices reach So says the chairman, the Repub- gas and even our hydroelectric indus- a nationwide average of $2.00, will pro- lican chairman of the House Transpor- tries. vide real relief for American consumers tation Committee. The Administration began this proc- at the pump. This can be done for the Here is what the House majority ess in 1993 with an effort to impose a remainder of this year without touch- leader, DICK ARMEY said: $73 billion five-year energy tax to force ing one cent of the Highway Trust Let’s not get bogged down on only one di- the American people away from the use Fund, Social Security, or Medicare. mension of the problem—a short-term di- of automobiles and American indus- mension that offers scant relief. Even if we This is a real solution to a very real repealed, that it would give little relief to tries away from their primary energy problem. consumers. sources. The Clinton/Gore EPA is still This reflects the leadership of a num- Here is what my colleague, the very attempting to shut down coal-fired ber of our colleagues on this important respected and distinguished chairman electric generating plants in the South issue. One provision to suspend the die- of the Armed Services Committee, and Midwest. Meanwhile, the Adminis- sel fuel tax has been championed by JOHN WARNER said: tration is providing no offsets to this. the senior Senator from Colorado, BEN Repealing the 4.3 cents will have little or In fact, they have done nothing to in- NIGHTHORSE CAMPBELL. A trucker him- no impact on the price of fuel. It will, how- crease the availability of domestic nat- self, Senator CAMPBELL has led the way ever, severely limit all of our States’ abili- ural gas, which is the clean alternative on ways to assist truckers and their ties to make needed surface transportation for coal in electric plants. Federal land families who are suffering from the ris- improvements. out West is expected to contain as ing price of diesel fuel. He has met with Here is what our colleague, Senator much as 137 trillion cubic feet of nat- the truckers who have traveled great GEORGE VOINOVICH, said on March 24: ural gas, but the Administration re- distances to Washington to make their Even with this repeal, there is no guar- fuses to allow drilling. Similarly, the voices heard. Senator CAMPBELL’s antee it is going to bring down the cost at Administration will not allow explo- unique insights and personal experi- the pump. It defies common sense. ration on federal land in Alaska, which ences have been helpful to the leader- Here is what the GOP conference is estimated to contain 16 billion bar- ship in crafting this comprehensive gas chair, J.C. WATTS, said in the House of rels of domestic crude oil. tax bill. Representatives on March 19:

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1969 I don’t know if the tax has any affect on Supporters of this legislation say end of the year, the 18.3 cent-per-gallon fuel tax. Supply and demand is driving price they would tap the non-Social Security federal gasoline tax; the 24.3 cent-per- right now. surplus to replace the lost tax revenues gallon excise tax on highway diesel Finally, here is what Congressman created by their proposal. That is a fuel and kerosene; the 4.3 cents per-gal- DON YOUNG said. He gets the award for mistake. We should be directing the lon railroad diesel fuel; the 24.3 cent- the bluntest assessment of the advis- surplus to debt reduction, ensuring the per-gallon excise tax on inland water- ability of this particular legislation. solvency of Social Security, prescrip- way fuel; the 19.3 cent-per-gallon for Absolutely the dumbest thing ever thought tion drugs, targeted tax cuts and in- noncommercial aviation gasoline; the of. vestments in education and the envi- 21.8 cent-per-gallon for noncommercial This ought to be debated. We ought ronment. jet fuel; and 4.3 cents-per-gallon for to have a good discussion about its ad- The likelihood that any reduction in commercial aviation fuel. visability. This is one of those rare oc- the Federal gasoline tax will reach This will provide the nation with a casions when I happen to be on the consumers is unlikely. The tax is not vital ‘‘circuit breaker’’ in the midst of same side as the Speaker of the House imposed at the pump, but rather short- the very real possibility of sky- of Representatives, the majority leader ly after the gasoline leaves the refin- rocketing fuel costs as America takes on the House of Representatives, the ery. The gasoline could pass through to the road this summer—and the legis- conference chair on the House of Rep- several other entities before it reaches lation ensures that any savings will resentatives, Congressman YOUNG from the pump and none of the middlemen truly be passed on to consumers and the House of Representatives, and some would have to pass on the savings. The not pocketed before customers can ben- of my distinguished colleagues here in legislation contains only a Sense of efit from the savings at the pump. the Senate. Congress that any benefits of the tax Some of my colleagues say this will We ought to debate it. It ought to be be passed on to consumers. Past experi- not amount to enough savings for the amended. We don’t oftentimes have a ence in Connecticut has shown that de- consumers to even care about. Well, I vehicle that could be offered that will creases in a fuel tax have not been guess my constituents in Maine are allow an opportunity to debate energy passed on to motorists. In 1997, gas more thrifty than others, especially and tax policy such as this. I am hop- prices shot up 11 cents in August de- after a winter of paying the highest ing we can offer amendments to this spite a 3-cent cut in the state gasoline prices in decades for both home heating bill and we would expect we would have tax that took effect on July 1. oil and high gas prices at the pump. the opportunity to do so. This is one of Finally, it is worth noting that sev- At the same time, it allows reim- those rare occasions when many of our eral states, including Arkansas, Ne- bursement of the Highway Trust Fund, colleagues share the view expressed so vada, Oklahoma, California, and Ten- which is financed by the gasoline tax, powerfully and eloquently by our Re- nessee, have laws that mandate an in- and the Airport and Airways Trust publican colleagues. crease in state gasoline taxes if the Fund, financed by the aviation fuel I am not giving the credit they de- Federal rate decreases. Obviously, a tax. Both these funds are held com- serve to my Democratic colleagues on state’s legislature can act to change its pletely harmless, with any lost reve- the House side. I could come up with at laws. But these laws only underscore nues to be replaced from the budget least as long a list on that side. surplus. No one should have any con- We look forward to this debate. We the complexity of gas pricing which the cerns about the impact this bill would are certainly not going to object at all bill before us does not. to having the motion to proceed pre- The cut could be another 18.3 cents have on the progress of important sented to us this afternoon. per gallon for gasoline and more for highway and airport projects because We just want to get to the bill and other oil-based fuels. The gasoline tax the impact would be zero. have this debate. That is my reason for is dedicated revenue that we use to This legislation takes a concrete step supporting the motion to proceed, to maintain our highways. The loss of toward more reasonable fuel prices, have a good debate, to ensure the funds for highway improvements and helping to serve as a buffer for con- American people know what the impli- mass transit, the loss of jobs and the sumers who are already reeling from cations of this particular vote will be uncertainty—if not unlikelihood—that the high cost of gasoline and other and the unusual coalition that has al- a gas tax reduction would result in fuels. Of course, I hope the provisions ready been created in opposition to lower gas prices—make this bill un- for temporary repeal of the full tax will this repeal. I yield the floor. sound and unwise. not be necessary. But if they are, they Mr. DODD. Mr. President, it is not We all want to bring down the price will provide immediate relief to tax- often that so many of my colleagues of gasoline. Let’s take responsible payers and ensure that, if prices are come to the Senate floor in opposition steps to move in that direction. I com- skyrocketing, any savings in fuel costs to lowering a tax. They do so and I join mend the administration for getting a will be passed on to consumers. them today for good reason. The legis- commitment from the OPEC nations to The retail price we pay for refined pe- lation to repeal the 4.3 cent per gallon increase production. In addition, the troleum products for gasoline, diesel excise tax on gasoline is a wolf in administration has also proposed tax fuel, and home heating oil, for in- sheep’s clothing. credits for energy-efficient homes and stance, substantially depends upon the In fact, several members on the other energy-efficient cars, funding for the cost of crude oil to refiners. We have side of the aisle from House Majority development of clean and renewable seen a barrel of crude oil climb to over Leader DICK ARMEY and Ways and energy and the enactment of tax pro- $35.00 recently from a price of $10.50 in Means Chairman BILL ARCHER, to posals to promote the use of alter- February of 1999. That is a 145 percent House Transportation Chairman SHU- native energy sources. increase. And while OPEC agreed this STER are opposed to this measure. The Ms. SNOWE. Mr. President, I rise week to only very modest increases in National Governors Association has today in support of the motion to pro- crude oil production, White House offi- voiced its adamant opposition, as well. ceed to invoke cloture on S. 2285, the cials say that the cost of gasoline at The proposal, S. 2285, is fiscally irre- Federal Fuels Tax Holiday Act of 2000, the pump will now decline in the com- sponsible and will not lead to lower a bill introduced by Senator LOTT ing months, even though their own gasoline prices for consumers. This which I have been pleased to cosponsor. Economic Advisor Gene Sperling was measure could cause the state of Con- This legislation will repeal, until the quoted in the Washington Post on necticut to lose more than $280 million end of this year, the 4.3 cent-per-gallon March 29, as warning that ‘‘there is to highway funds for FY 2002 and 2003, increase to the federal excise tax on still significant and inherent uncer- in addition to hundreds of lost jobs as gasoline, diesel, kerosene, and aviation tainty in the oil market, particularly highway projects are put on hold or fuel added by the Clinton Administra- with such low inventories, and we will shelved indefinitely. Congress made a tion in 1993. continue to monitor the situation very commitment to help states like Con- Also, our legislation is set up so that closely’’. necticut repair and maintain our high- should the national average for regular Mr. President, while the Administra- ways and it should not break that com- unleaded gasoline prices breach the $2 tion has ‘‘monitored’’ the situation, mitment. mark, it would also repeal, until the crude oil prices have gone up and up,

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1970 CONGRESSIONAL RECORD — SENATE March 30, 2000 and our inventories went down. As a State to move the potatoes because Biden Gramm McConnell matter of fact, the Administration ad- they are discouraged by the particu- Bingaman Grams Mikulski Breaux Grassley Moynihan mits that it was ‘‘caught napping’’ larly high price of diesel in Maine. Brownback Gregg Murkowski after OPEC decided to decrease produc- The only help the potato industry Bryan Hagel Murray tion in March of 1999—and while they has had recently in getting their prod- Bunning Hatch Nickles Burns Helms napped through a long winter’s sleep, uct to market has certainly not been Reed Campbell Hollings Reid prices for crude climbed as tempera- due to the energy policy of this Admin- Chafee, L. Hutchinson Rockefeller tures plummeted. istration, but to local truckers who Cleland Hutchison Roth Cochran Inouye The effect on gasoline, diesel and Santorum have turned to hauling potatoes be- Collins Jeffords Sarbanes home heating oil was predictable, and cause the recent wet weather has kept Conrad Johnson Schumer in fact was predicted. Last October—a Coverdell Kennedy them away from taking timber out of Sessions half a year ago—the Department of En- the Maine woods. Craig Kerrey Crapo Kerry Shelby ergy, in its 1999–2000 Winter Fuels Out- Soon, we will enter the summer Daschle Kohl Smith (NH) look, projected a 44 percent increase in months, when tourism is particularly DeWine Kyl Smith (OR) home heating oil bills. In a severe win- Dodd Landrieu Snowe important to the economy of New Eng- Specter ter, the agency estimated, an addi- Dorgan Lautenberg land and to Maine in particular. With Durbin Leahy Stevens tional 28 percent increase in costs gas prices climbing even higher, we Edwards Levin Thompson could be felt for residential customers. need relief now, and that’s what this Feingold Lieberman Thurmond In other words, the Department of bill provides. Fitzgerald Lott Torricelli Energy itself predicted an increase of Frist Lugar Voinovich Mr. President, the choices are clear— Gorton Mack Wellstone over 70 percent, but did nothing. In ac- do nothing for the taxpayers who are Graham McCain Wyden tuality, home heating oil costs jumped being gouged by failed energy policies, NAYS—11 from a fairly consistent national of 86 or do something by supporting legisla- Baucus Feinstein Roberts cents per gallon in the winter of 1998–99 tion that acts as a circuit breaker that Bond Harkin Thomas to as high as $2.08 per gallon in Maine gives citizens a break at the gas pump, Byrd Lincoln Warner early last month—an increase of well protects the Trust Funds that build our Enzi Robb over 100 percent. And, in that same highways and airports, I urge my col- NOT VOTING—3 time frame, conventional gasoline leagues to support this bill and I yield Boxer Domenici Inhofe prices have risen 70 percent or higher. the floor. The PRESIDING OFFICER. On this So now the Administration tells us CLOTURE MOTION vote, the yeas are 86, the nays are 11. that gasoline prices will most likely go The PRESIDING OFFICER. Under Three-fifths of the Senators duly cho- down by this summer because of the the previous order, the Chair lays be- sen and sworn having voted in the small production increases agreed to fore the Senate the pending cloture affirmative, the motion is agreed to. by OPEC. Well, even with an increase motion, which the clerk will report. The Senator from Oklahoma. in OPEC quotas, there will still be a shortfall in meeting worldwide demand The assistant legislative clerk read f for crude oil. Approximately 76.3 mil- as follows: MORNING BUSINESS lion barrels per day are needed to meet CLOTURE MOTION Mr. NICKLES. Mr. President, I ask demand, but the anticipated new OPEC We the undersigned Senators, in accord- unanimous consent that there be a pe- production is estimated to be only 75.3 ance with the provisions of rule XXII of the riod for the transaction of morning million barrels per day. So you’ll have Standing Rules of the Senate, do hereby move to bring to a close debate on the mo- business, with Senators permitted to to excuse me if I’m a little hesitant action to proceed to the Gas Tax Repeal Act, S. speak for up to 10 minutes each. cepting estimates from an Administra- 2285: The PRESIDING OFFICER. Without tion that seems to make predictions by Trent Lott, Frank H. Murkowski, Paul objection, it is so ordered. gazing into a crystal ball. I want to at Coverdell, Conrad Burns, Larry E. f least make sure that Americans have Craig, Mike Crapo, Judd Gregg, Orrin LARRY HARRISON in their pockets what they would have Hatch, Rod Grams, Susan Collins, Rob- otherwise paid in fuel taxes if the Ad- ert F. Bennett, Chuck Grassley, Mike Mr. NICKLES. Mr. President, sadly ministration underestimates prices Inhofe, Don Nickles, Sam Brownback, this week the Senate has lost another and Richard G. Lugar. once again and gasoline hits $2.00 a gal- member of our family. On Monday, lon. The PRESIDING OFFICER. By unan- Larry Harrison, a retired Senate staff- Beyond the pump, consumers are get- imous consent, the mandatory quorum er, passed away in Washington, DC. Be- ting hit with extra costs directly at- call has been waived. fore his retirement in June of 1997, tributable to high fuel costs. If you’ve The question is, Is it the sense of the Larry had over 36 years of Federal paid to send an overnight package late- Senate that debate on the motion to service. Most of my colleagues will remember ly, you probably noted that you were proceed to the Gas Tax Repeal Act, S. Larry’s hard work as a Chamber at- charged a fuel fee, because their cost of 2285, shall be brought to a close? tendant. His dedication to the upkeep diesel fuel has increased by about 60 The yeas and nays are required under of the Chamber and the surrounding percent over the past year. And with a the rule. rooms will be remembered. On Tuesday 150 percent increase in jet fuel, that The clerk will call the roll. The assistant legislative clerk called evening, former Senator Bob Dole fond- airline ticket you buy today will prob- ly remembered Larry during the Lead- ably include something you’ve never the roll. Mr. NICKLES. I announce that the er’s Lecture Series. seen before—a fuel charge of $20.00. Like many of the support staff who Senator from New Mexico (Mr. DOMEN- How long will it be before costs of work for this institution, Larry arrived ICI) and the Senator from Oklahoma other products will also be passed on at work long before the Senate con- the consumer? (Mr. INHOFE) are necessarily absent. vened and frequently left the Chamber And, consider the impacts to the na- Mr. REID. I announce that the Sen- long after adjournment. tions’ farmers. The New York Times ator from California (Mrs. BOXER) is Many Senators will recall Larry’s reported just this past Wednesday that necessarily absent. passion for golf. I certainly do. As a a farmer paying 40 cents a gallon more The PRESIDING OFFICER. Are there matter of fact, Larry was one of the this year to fuel his diesel tractors and any other Senators in the Chamber founders of the ‘‘Cloakroom Open.’’ combines is adding as much as $240 a who desire to vote? This golf tournament was organized by day to his harvesting costs. In my The yeas and nays resulted—yeas 86, Larry to enable many of the Senate home state of Maine, we are at the nays 11, as follows: staff who work around the Senate peak season for moving last year’s po- [Rollcall Vote No. 51 Leg.] Chamber an opportunity to play a tato crop out of storage and to the YEAS—86 round of golf together. It was a chance large Eastern markets. But the indus- Abraham Allard Bayh for a little camaraderie without the try can’t get truckers to come into the Akaka Ashcroft Bennett discussion of party or politics.

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1971 Many may know that Larry’s step One year ago, March 29, 1999, the Fed- American labor has a tremendous interest son, Mike Henry, also works for the eral debt stood at $5,647,515,000,000 in China’s trading on fair terms with the Senate and has worked for the Senate (Five trillion, six hundred forty-seven U.S. The agreement we signed with China for a long time. I have had the pleasure billion, five hundred fifteen million). this past November marks the largest single step ever taken toward achieving that goal. of knowing Mike. I think highly of Five years ago, March 29, 1995, the The agreement expands American jobs. And Mike and his family. Mike’s wife, Federal debt stood at $4,851,857,000,000 while China already enjoys WTO-based ac- Cookie, also works for the House of (Four trillion, eight hundred fifty-one cess to our economy, this agreement will Representatives. This is a family who billion, eight hundred fifty-seven open China’s economy to unprecedented lev- has dedicated decades of service to the million). els of American exports, many of which are Congress and to the Senate. Ten years ago, March 29, 1990, the high-quality goods produced by high-paying I join with all of my colleagues in ex- Federal debt stood at $3,052,317,000,000 jobs. There is reason to fear unfair trade prac- pressing sympathy to Larry’s family (Three trillion, fifty-two billion, three and our hearts and prayers go out to tices. Yet this agreement actually provides hundred seventeen million). better protections than our existing laws them at this time. I know all Members Fifteen years ago, March 29, 1985, the allow. It stipulates 12 years of protections will join me in saying, ‘‘Thank you, Federal debt stood at $1,710,731,000,000 against market surges and provides unusu- Larry, for your service, and keep hit- (One trillion, seven hundred ten billion, ally strong anti-dumping laws—which aim to ting ’em straight.’’ seven hundred thirty-one million) counter unfairly priced imports—for 15 Mr. DASCHLE. Mr. President, the which reflects a debt increase of more years. I have, therefore, been startled by orga- Senate recently lost a very dear friend. than $4 trillion—$4,022,720,648,545.39 Larry Harrison, who worked in the nized labor’s vociferous negative reaction to (Four trillion, twenty-two billion, this agreement. The reality is that the U.S. Capitol for over 36 years prior to his re- seven hundred twenty million, six hun- tirement in 1997, died early this week. as a whole benefits mightily from this his- dred forty-eight thousand, five hundred toric accord. The AFL–CIO argues that noth- Larry’s many years of dedicated and forty-five dollars and thirty-nine cents) ing in this agreement demands that free distinguished work made him an insti- during the past 15 years. trade unions be formed in China. Yet the tution within this institution. It was WTO does not require this of any of its 136 tough on all of us when he retired a few f member countries, and the WTO is the wrong years ago, but it is much more difficult PERMANENT NORMAL TRADE instrument to use to achieve unionization. We should, instead, be asking a more im- to say goodbye to him today. RELATIONS FOR CHINA Larry served this country and the portant question. Are Chinese workers better Senate in a variety of ways for nearly Mrs. FEINSTEIN. Mr. President, I off with or without this agreement? The an- four decades. He served in the U.S. draw the attention of the Senate to a swer is that this agreement, in a variety of ways, will be enormously beneficial to Chi- Army during World War II, partici- timely Opinion-Editorial, written by former Ambassador Leonard nese workers. pating in the D-Day invasion at Nor- On a subtle level, the changes the agree- mandy, and following the war worked Woodcock, that appeared in the March ment requires of China’s economic system for the Architect of the Capitol for five 9, 2000 Los Angeles Times. Long a will work in favor of investment by Western years. Larry returned to the Capitol to champion of workers’ welfare and firms and take away some of the key advan- work for the Sergeant at Arms in 1967. workers’ rights, Ambassador Woodcock tages Asian firms now enjoy in China. Every He stayed there until 1997, outlasting was also the first United States Am- survey has demonstrated that working con- all but five of the Senators who were bassador’s to the People’s Republic of ditions and environmental standards in plants run by West European and North serving in this chamber when he start- China. Ambassador Woodcock lays out, in a American firms are usually better than ed. those in Asian and in indigenous Chinese Larry had an extraordinary work clear and well-reasoned manner, power- firms. ethic, and he committed himself to his ful arguments showing how the United The greater foreign presence also will ex- job with tremendous pride, energy, and States will benefit from establishing pose Chinese workers to more ideas about or- humor. During his time in the Capitol, permanent normal trade relations ganization and rights. That is perhaps one Larry was responsible for maintaining (PNTR) with China, and why it is in reason why almost every Chinese political the President’s Room, the Cloakroom, our interest to see China in the World dissident who has spoken on this issue has Trade Organization (WTO). Equally im- called the United States-China WTO agree- and the Senate Chamber. Somehow, he ment good news for freedom in China. even found time to operate a shoe shine portant, the author forces those who The trade deficit with China is a trouble- station in the Senator’s bathroom, and profess a concern for Chinese workers’ some one to the labor movement. We need to I know I speak for everyone when I say rights to take a realistic look at how put it in perspective in two ways. First, if we that this place hasn’t been the same our decision concerning China PNTR were to block access of goods from China to without Larry’s friendly smile and will help or harm workers in China. the United States, this would not increase kind voice. I comment Ambassador Woodcock’s American jobs. That is because the Chinese When he retired in 1997, our loss was thought-provoking commentary to all exports—mostly toys, tools, apparel, cheap his family’s gain. His wife, Jean, and electronics, etc.—would be produced in other my colleagues in the Congress and, low-wage countries, not in the United sons, Michael Henry, Albert Philips even more, to all persons interested in States. Yet if China stopped buying from us, and Kevin Harrison got their husband understanding the basics of the U.S.- we would lose about 400,000 jobs, mostly and father back full-time. Sadly, their China PNTR debate. I ask unanimous high-wage. time with him has now been cut all too consent that Ambassador Woodcock’s Second, a large portion of exports from short. Opinion-Editorial be printed in the ‘‘China’’ are goods produced in the main in Hong Kong. Taiwan and Southeast Asia. The Our thoughts and prayers are with CONGRESSIONAL RECORD following my Larry Harrison’s friends and family, es- remarks. major components are then shipped to China for final assembly and packaging, but the en- pecially his wife, Jean, and their three There being no objection, the mate- sons. Larry was a good man, a caring tire cost of the item (often only 15% of which rial was ordered to be printed in the was contributed in China) is attributed to husband, and great father. He will be RECORD, as follows: China’s export ledger. Exports to the United missed. EVOLUTION DOESN’T OCCUR OVERNIGHT States from Hong Kong and Taiwan have de- f WTO agreement: Organized labor should sup- clined over the past decade almost as fast as THE VERY BAD DEBT BOXSCORE port it. It’s in both U.S. and Chinese inter- imports from China have increased. Yet the ests. companies making the profits are in Hong Mr. HELMS. Mr. President, at the Kong and Taiwan, and they will simply shift close of business yesterday, Wednes- (By Leonard Woodcock) their operations to Vietnam or elsewhere if day, March 29, 2000, the Federal debt The recent U.S.-China World Trade Organi- we close down exports from China. stood at $5,733,451,648,545.39 (Five tril- zation bilateral accession agreement appears Americans are broadly concerned about lion, seven hundred thirty-three bil- to be good for workers in both countries. I the rights and quality of life of Chinese citi- was privileged, as U.S. ambassador to China, zens. My perspective on this serious issue is lion, four hundred fifty-one million, six to sign the 1979 trade agreement that pro- influenced by my experience in the U.S. In hundred forty-eight thousand, five hun- vided for most-favored-nation trade status to my lifetime, women were not allowed the dred forty-five dollars and thirty-nine China and have, as a private citizen, been in- vote, and labor was not allowed to organize. cents). volved with this issue for many years. And, in my lifetime, although the law did

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1972 CONGRESSIONAL RECORD — SENATE March 30, 2000 not permit lynching, it was protected and drugs and other critical health and so- tween Lukashenka and the opposition; carried out by legal officeholders. As time cial services for those individuals af- calls for the restoration of a democrat- passed, we made progress, and I doubt if lec- fected with AIDS and HIV. ically-elected government and demo- tures or threats from foreigners would have Because AIDS and HIV is a national moved things faster. cratic institutions; calls on the U.S. Democracy, including rights for workers, problem, it deserves national atten- President to fund travel by Belarusian is an evolutionary process. Isolation and tion. I look forward to working with opposition figures and non-govern- containment will not promote improved my colleagues in the Senate Health, mental organizations in Belarus; and rights for a people. Rather, working together Education, Labor and Pensions Com- supports information flows into and from within a society will, over time, mittee to make further enhancements Belarus. promote improved conditions. The United and improvements to the bill. Specifi- States-China WTO agreement will speed up Belarus is not making progress. We the evolutionary process in China. American cally, I understand my colleague, Sen- must do what we can to sustain the re- labor should support it because it is in our ator BINGAMAN, has been working on a markable progress of the other coun- interest, and it is the interests of Chinese provision that would allow more states tries that have transformed themselves workers too. to have access to dental care grant into fully democratic market democ- f funding under Part F of the act. I be- racies, and encourage the development lieve this is a very important issue for RYAN WHITE COMPREHENSIVE of a democracy in Belarus. individuals with HIV and AIDS and AIDS RESOURCES EMERGENCY Mr. CAMPBELL. Mr. President, on hope this provision will be incor- ACT March 25, Belarusian authorities harsh- porated into the overall bill. ly suppressed a pro-democracy dem- Mr. REED. Mr. President, I rise f onstration in the capital of Minsk, ar- today to briefly discuss a reauthoriza- resting and detaining hundreds of tion bill introduced yesterday by Sen- ANTI-DEMOCRATIC ACTIONS IN BELARUS peaceful protestors, including nearly 30 ators JEFFORDS and KENNEDY, the Ryan domestic and foreign journalists. Riot White CARE Act Amendments of 2000, Mr. DURBIN. Mr. President, I rise to police, deployed with dogs and armored S. 2311. This legislation is very impor- speak today about the dramatically de- personnel carriers, used excessive force tant in that it will help to continue to teriorating situation in Belarus. As of against some peaceful demonstrators. improve the quality and availability of Sunday, March 26, more than 100 oppo- Among those detained and beaten care for low-income, uninsured, and sition activists remained in custody was democratic opposition leader under insured individuals and families after a rally on Saturday that turned Anatoly Lebedka, Deputy Chairman of affected by AIDS and HIV disease. I am from a peaceful event into a dem- the 13th Supreme Soviet. Many of my pleased to be a cosponsor of this initia- onstration that saw police clubbing Senate colleagues met Mr. Lebedka tive. protesters with nightsticks, hitting last September when I introduced him Ryan White died on April 8, 1990 at journalists covering the event and right here on the Senate floor. Mr. age 18. He was a prime example of sending armored cars into Central Lebedka was just in Washington earlier someone whose own community re- Minsk. More than 500 people were de- this month to testify at a Helsinki jected him when he was only 13 years tained, most of whom were not for- Commission hearing about the deterio- old because of his health status. As a mally charged until Monday. This is rating situation in Belarus. result of his courageous battle to at- only one of the examples of how, in Based on information I obtained from tend public school in Indiana, we all Belarus, the Lukashenka regime con- the State Department, I am advised learned and understood more about tinues to try to suppress the will of the that Anatoly Lebedka was arrested by AIDS. Ryan White played a major role people. plainclothes police during the dem- in changing people’s views concerning In November, Senator CAMPBELL and the disease and AIDS patients. I introduced a resolution condemning onstration, kept in detention, and re- Through his actions, he conveyed the the Lukashenka regime and its actions portedly beaten over the course of two importance of education and awareness towards the country. The sad reality is days. He spent most of Monday in a po- to combat the spread of this deadly dis- that Belarus is being left behind while lice van outside the courthouse await- ease. Even after his death, the story of the rest of Europe is building a founda- ing trial, but was released at 5:00 p.m. his courageous battle with AIDS con- tion of democratic governance, respect His trial has been scheduled for April 4. tinues to impact the common man. His for human rights, and the rule of law. Mr. President, the harsh overreaction legacy lives on through the Ryan Since 1996, President Lukashenka has by the authorities to this peaceful White CARE Act. been responsible for numerous uncon- demonstration represents a clear viola- This reauthorization provides us the stitutional steps. He unilaterally ex- tion of the freedom of association, as- opportunity to improve this bipartisan tended his term until 2001 after he sembly, and information guaranteed legislation to adequately care for those promised to hold democratic elections both by the Belarusian constitution persons affected with AIDS and HIV. in 1999. He replaced the 13th Supreme and OSCE agreements. In addition, the As noted by Ryan’s mother, Jeanne, Soviet with a rubberstamp parliament Belarusian authorities detained a U.S. ‘‘We have come a long way since and he rewrote the country’s constitu- citizen who is an accredited diplomat Ryan’s death, but we still have so far tion. and a member of the OSCE Advisory to go.’’ Although the number of AIDS Belarus has turned into a country and Monitoring Group in Belarus, and cases continues to decline each year, where those who choose to participate who was observing the demonstration the number of HIV-positive individuals in civil society by speaking truth to in line with his official responsibilities. continues to grow at an alarming rate. power must do so at great risk to their This action also violates international This legislation would expand the du- freedom, and even their lives, under conventions. ties of the Planning Council, provide Lukashenka’s rule. Two prominent op- It appears that the green light for for a Quality Management Program, position figures—General Yuri the most recent crackdown was given establish requirements for heath care Zakharenko and Viktor Gonchar—as by Belarusian President Lukashenka, referral relationships, fund early inter- well as another associate, Anatoly who praised the police for their ac- vention services, and improve re- Krasovsky, have disappeared. Many of tions. Reports indicate that earlier this sources for infants, children, and the people arrested on March 25 as well month, he cautioned that the riot po- women. Until a cure is found, the Ryan as other peaceful protesters were mem- lice will ‘‘beat the stuffing out’’ of any White CARE Act will continue to be bers of the opposition. protestor who ‘‘gets out of line.’’ the ‘‘payer of last resort’’ for thou- Belarus’ economy is apparently im- Unfortunately, the suppression by sands of individuals who otherwise can- ploding and neighboring countries, Po- the Belarusian authorities of peaceful not afford health care or basic subsist- land, Lithuania, and Latvia, are con- protest, along with the sentencing last ence needs. In my home State of Rhode cerned about regional instability. week of a prominent member of the op- Island, $3,463,706 of Ryan White CARE Our resolution condemns the arrest position, does nothing to encourage a funding was provided during fiscal year of opposition figures and the disappear- constructive dialogue with the demo- 1999 to ensure access to life-sustaining ance of others; calls for a dialogue be- cratic opposition that can lead Belarus

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1973 out of its continuing constitutional im- tion rules retroactively. Under the year. Her parents fled Haiti in the passe and end its self-imposed inter- Presidency of Ronald Reagan, the 1980’s when she was very young. Her national isolation. United States offered protection and family settled in Florida and she now Mr. President, I call upon the Gov- legal status to many Central American has 3 U.S. citizen brothers and sisters. ernment of Belarus to thoroughly in- nationals who were fighting for Democ- Then tragedy struck her family. Her vestigate reports of police brutality racy in their home country, or fleeing father died when she was seven. Her during the course of the demonstration the war that ensued. mother died when she was in her early and subsequent detentions and take Similarly, during the Presidency of teens. She finished high school and is measures to ensure that citizens are George Bush, Haitian nationals were raising her younger brothers and sis- guaranteed their rights to engage in forced to flee after the overthrow of ters while working. She is an orphan, peaceful protests, keeping with that elected President Jean Bertrand protected by our 1998 legislation. country’s OSCE commitments. Aristide. They were offered protection She is trying to pull the documents I was pleased to join Senator DURBIN and legal status in the United States. together to apply to stay in the United as an original cosponsor to Senate Con- By 1996, these Central American and States, and not be separated from her current Resolution 75 which we intro- Haitian nationals had been living in U.S. citizen brothers and sisters—the duced last November. That resolution our nation for years, in the cases of only family she has left. The 1-year ex- summarized many of the political prob- Central Americans, often longer than a tension and the ability to apply for re- lems facing the democratic opposition decade. They established businesses, lief under final regulations will make a in Belarus expressing strong opposition had families, bought homes, and huge difference in the life of this young to the continued egregious violations strengthened their communities. woman. of human rights, the lack of progress Then, in 1996, with the passage of the I ask for the Senate’s quick action on toward the establishment of democracy Illegal Immigration Reform and Immi- this timely and important matter. and the rule of law in Belarus, and grant Responsibility Act, these Central Many in the Senate worked diligently calls on President Lukashenka to en- American and Haitian Individuals and to protect Cuban, Haitian and Nica- gage in negotiations with the rep- families were made retroactively de- raguan nationals in the original legis- resentatives of the opposition and to portable. These deportations would lation. Let’s not put these families at restore the constitutional rights of the have occurred years and years after risk by our failure to act now. Belarusian people. In light of the re- these nationals had established full f cent violent crackdown on pro-democ- lives in the United States. Congress protected their legal status WORKER ECONOMIC OPPORTUNITY racy demonstrators last weekend, I ACT urge my colleagues to support passage here by passing the Nicaraguan Adjust- of the Durbin/Campbell resolution. ment and Central American Relief Act Mr. MCCONNELL. Mr. President, I Mr. President, I ask unanimous con- in November of 1997 and the Haitian ask unanimous consent that the text of sent that a news report from the Wash- Refugee Immigration Fairness Act in the Worker Economic Opportunity Act ington Post on this latest crackdown October of 1998 by making certain sec- (S. 2323), which was introduced yester- be printed in the RECORD. tions of the 1996 immigration law non- day, be printed in the RECORD. There being no objection, the mate- retroactive. There being no objection, the bill was rial was ordered to be printed in the Since 1997, we have waited for final ordered to be printed in the RECORD, as RECORD, as follows: regulations to guide applicants follows: [From the Washington Post, Mar. 26, 2000] through the process of applying for re- S. 2323 lief under NACARA. Since 1998, we Be it enacted by the Senate and House of BELARUS POLICE CRACK DOWN ON PROTEST have waited for final regulations to as- Representatives of the United States of America MINSK, BELARUS.—Hundreds of police beat sist Haitian nationals with this proc- in Congress assembled, back thousands of protesters at an opposi- SECTION 1. SHORT TITLE. tion rally, sending armored personnel car- ess. And now, seven days before the ap- This Act may be cited as the ‘‘Worker Eco- riers into central Minsk and detaining 400 plication deadline, final regulations nomic Opportunity Act’’. people in one of the country’s harshest are issued. This is not an example of crackdowns on dissent in recent years. ‘‘good government.’’ SEC. 2. AMENDMENTS TO THE FAIR LABOR The rally was held to commemorate the Under legislation I introduced in STANDARDS ACT OF 1938. founding of the Belarusian Popular Republic February, the new deadline for relief (a) EXCLUSION FROM REGULAR RATE.—Sec- tion 7(e) of the Fair Labor Standards Act of on March 25, 1918, when German forces were will be one year after the date the reg- ousted from Minsk in the waning days of 1938 (29 U.S.C. 207(e)) is amended— ulations became final. This new dead- (1) in paragraph (6), by striking ‘‘or’’ at the World War I. The independent state was line, March 23, 2001, reflects the added short-lived and within a year, much of end; Belarus was part of the Soviet Union. time needed by the INS to develop reg- (2) in paragraph (7), by striking the period Belarus’ hard-line government had said it ulation. This will not cover any addi- and inserting ‘‘; or’’; and would allow the rally to be held on the out- tional individuals who will then have (3) by adding at the end the following: skirts of Minsk, but several thousand dem- rights to live in the United States. It ‘‘(8) any value or income derived from em- onstrators went instead to a central square just creates a more realistic, and fair ployer-provided grants or rights provided in the capital. pursuant to a stock option, stock apprecia- deadline for individuals Congress has tion right, or bona fide employee stock pur- f already passed legislation to protect. chase program which is not otherwise ex- We are now one day away from the ILLEGAL IMMIGRATION LAW cludable under any of paragraphs (1) through deadline coming and going, and the (7) if— REPORT Senate has yet to take action on this ‘‘(A) grants are made pursuant to a pro- Mr. GRAHAM. Mr. President, I come legislation. The Senate Judiciary Com- gram, the terms and conditions of which are to the floor today to discuss an injus- mittee will not be able to meet this communicated to participating employees tice to a group of Central American week to approve this legislation. We either at the beginning of the employee’s and Caribbean nationals who for many participation in the program or at the time cannot purport to offer our constitu- of the grant; years have resided in the United ents good and fair government if we let ‘‘(B) in the case of stock options and stock States. As I speak, a clock is ticking. A this deadline come and go without the appreciation rights, the grant or right can- deadline to gain legal status in the simple action of extending the deadline not be exercisable for a period of at least 6 United States is one day away. How did by one year. When I spoke on the Sen- months after the time of grant (except that we get to this point? ate Floor earlier this year, I tried to grants or rights may become exercisable be- In 1997 and 1998, Congress passed leg- put a human story with this legisla- cause of an employee’s death, disability, re- islation to protect Central American, tion. It’s her story, and others, that tirement, or a change in corporate owner- Cuban and Haitian refugees from de- ship, or other circumstances permitted by should spur us to action on this legisla- regulation), and the exercise price is at least portation. Action was needed because tion. 85 percent of the fair market value of the of the passage of the 1996 Illegal Immi- Immigration attorneys in Florida are stock at the time of grant; gration Reform and Immigrant Respon- trying to help a young woman I will ‘‘(C) exercise of any grant or right is vol- sibility Act which changed immigra- call ‘‘Francis.’’ She is 22 years old this untary; and

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1974 CONGRESSIONAL RECORD — SENATE March 30, 2000 ‘‘(D) any determinations regarding the Iowa State University is experiencing THE MARRIAGE PENALTY award of, and the amount of, employer-pro- one of its most successful years ever in Mr. BROWNBACK. Mr. President, I vided grants or rights that are based on per- intercollegiate athletics. formance are— rise today to speak on the issue of the ‘‘(i) made based upon meeting previously This year, Iowa State made history marriage penalty and progress that has established performance criteria (which may by being the first university in the Big been made today on getting this impor- include hours of work, efficiency, or produc- 12 Conference or its predecessor con- tant tax relief out across the country. tivity) of any business unit consisting of at ferences—the Big 8 and the Southwest First, I applaud Chairman ROTH for least 10 employees or of a facility, except Conferences—to win four basketball his work on this important issue. Just that, any determinations may be based on trophies in one season—both men’s and today, the Senate Finance Committee length of service or minimum schedule of women’s regular season and conference considered an important bill to provide hours or days of work; or tournament championships. marriage penalty relief. This bill would ‘‘(ii) made based upon the past perform- provide relief to millions of American ance (which may include any criteria) of one Both teams earned ISU record-high or more employees in a given period so long seedings in the NCAA Tournament, the families—around 25 million—suffering as the determination is in the sole discretion men took a second seed and the women under the burden of a marriage pen- of the employer and not pursuant to any took a third and both did well in the alty. prior contract.’’. tournament. The men advanced to the The proposal considered by the Sen- ate Finance Committee passed today. (b) EXTRA COMPENSATION.—Section 7(h) of ‘‘Elite Eight’’ and the women to the We are now another step closer to get- the Fair Labor Standards Act of 1938 (29 ‘‘Sweet Sixteen’’ after an ‘‘Elite Eight’ U.S.C. 207(h)) is amended— ting this to the floor, which I believe appearance last year. (1) by striking ‘‘Extra’’ and inserting the will take place sometime during the following: Marcus Fizer became the schools’ week of April 11, to be able to consider ‘‘(2) Extra’’; and first-ever consensus first-team All- providing this important tax relief to (2) by inserting after the subsection des- American, and Stacy Frese and Angie the American public. I am delighted ignation the following: Welle of the women’s team were also ‘‘(1) Except as provided in paragraph (2), that that bill cleared through the Sen- All-America selections. Stacy Frese ate Finance Committee today. sums excluded from the regular rate pursu- drew this honor for the second year in ant to subsection (e) shall not be creditable The Senate Finance Committee used toward wages required under section 6 or a row. the House-passed version as a base, overtime compensation required under this The Cyclone wrestling team—led by upon which it built an even broader section.’’. two-time NCAA champion and tour- and more inclusive bill. Our bill re- (c) EFFECTIVE DATE.—The amendments nament MVP Cael Sanderson—finished stores fairness and equity to a Tax made by this section shall take effect on the second in the nation. Code that has come to penalize the in- date that is 90 days after the date of enact- The women’s gymnastics team won stitution of marriage in over 66 dif- ment of this Act. ferent ways. That is pretty imagina- (d) LIABILITY OF EMPLOYERS.—No employer its first-ever Big 12 Conference Cham- shall be liable under the Fair Labor Stand- pionship. tive, to find that many ways, but it is ards Act of 1938 for any failure to include in These are just a few of Iowa State’s in there. an employee’s regular rate (as defined for 450 student-athletes, young people who First, our bill eliminates the mar- purposes of such Act) any income or value are getting an education while exhib- riage penalty in the standard deduc- derived from employer-provided grants or iting their special athletic skills. tion. I want to give the numbers. The rights obtained pursuant to any stock op- standard deduction this year for a sin- And just how are they using this option, stock appreciation right, or employee gle taxpayer is $4,400. However, for a portunity? stock purchase program if— married couple filing jointly, the (1) the grants or rights were obtained be- Here are some examples from last standard deduction is only $7,350—not fore the effective date described in sub- year because the final stats from this even twice the amount for single filers. section (c); year aren’t in, but I’m told they will be Our bill does a simple, clear, and just (2) the grants or rights were obtained with- similar—or even better. in the 12-month period beginning on the ef- thing. Our bill doubles the standard de- fective date described in subsection (c), so Of the 450 student athletes 168, or 40 duction by making it $8,800. This long as such program was in existence on the percent, made the Athletic Depart- change in the tax law would take place date of enactment of this Act and will re- ment’s Academic Honor Roll for main- beginning in 2001, by immediately dou- quire shareholder approval to modify such taining a ‘‘B’’ or better GPA and nearly bling the standard deduction for joint program to comply with section 7(e)(8) of the 100 earned academic All-Big 12 recogni- filers. Our bill is fair. That is the fair Fair Labor Standards Act of 1938 (as added tion. thing to do. It is the right thing to do. by the amendments made by subsection (a)); This year, basketball player Paul Second, our bill widens the 15-percent or Shirley, who majors in mechanical en- tax bracket. Under current law, the 15- (3) such program is provided under a collec- percent tax bracket for a single tax- tive bargaining agreement that is in effect gineering, and Stacy Frese, a finance on the effective date described in subsection major, are again Academic All-Ameri- payer ends at an income threshold of (c). cans. $26,250. I know these are a lot of num- (e) REGULATIONS.—The Secretary of Labor Iowa State student-athletes also lead bers, but it is important to show the may promulgate such regulations as may be the Big 12 in the most important sta- specifics of the Tax Code and where it necessary to carry out the amendments tistic—their graduation rate. penalizes marriage and how we are fix- made by this Act. They are No. 1 in the Big 12 regarding ing it. For a married couple, their bracket The PRESIDING OFFICER. The Sen- their four-year graduation rates and is less than double this threshold of ator from Iowa. No. 1 regarding their six-year gradua- $26,250. In fact, the threshold is $43,850 tion rates two of the past three report- f for a married couple filing jointly—an- ing periods. other penalty. IOWA STATE UNIVERSITY Iowa State student athletes are also If our bill were fully phased in this ATHLETICS No. 1 in terms of overall graduation year, it would mean that the 15-percent Mr. GRASSLEY. Mr. President, we rate for student-athletes who stay in bracket would extend upward to an in- often hear about some of the things school for their entire eligibility with 9 come amount of $52,500. So for a mar- that are wrong with intercollegiate of out 10 student athletes getting their ried couple filing jointly, instead of athletics and how they sometimes de- degree. having a $43,850 threshold level, it goes tract from the top priority of our col- We are all very proud of the Cyclones up to $52,500. It doubles what it is for a leges and universities, which is edu- this year for what they have done in single filer. This is real marriage pen- cating students. competition, and in the classroom. I alty relief and elimination. It is relief Let me point to an example of how hope I have the opportunity to come to because even income earners above the excellence in undergraduate education the floor and offer the same statistics current upper income threshold for the and excellence in intercollegiate ath- and facts next year. Go Cyclones! 15-percent bracket—these are the upper letics can go hand-in-hand, and it’s The PRESIDING OFFICER. The Sen- income levels of the 15-percent brack- from my home state of Iowa. ator from Kansas. et—will be able to fall down through

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1975 the brackets and thus lower their total it, if you are a two-wage earner family Mr. SESSIONS. Mr. President, I ask tax liability. It is elimination because and you should have both been able to unanimous consent that the order for it doubles the bracket, thus elimi- qualify for the EITC, once you get mar- the quorum call be rescinded. nating the marriage penalty in the 15- ried you should have the same amount The PRESIDING OFFICER. Without percent bracket. Again, what we are of EITC available to your family. This objection, it is so ordered. after is to make everything equal. If particularly applies to lower income Mr. SESSIONS. Mr. President, I ex- you have two single filers or if you families. It is an important thing that press my appreciation to the Chair for have a married couple both filing, they we are doing. We fix this in our bill. his important remarks on the details of should pay the same amount in taxes. Our bill helps families at all income the legislation that came out of the That is what we are trying to get at levels: low income, middle income, on Senate Finance Committee today. That with this marriage penalty elimi- up. legislation takes a big step forward and nation. Finally, our bill would permanently basically eliminates the marriage pen- It will benefit those people hit by extend the provision that allows the alty that exists in our tax law today. this marriage penalty. It is going to personal nonrefundable credits to off- Chairman ROTH has been a champion lower the taxes for America’s families. set both the regular tax and the min- of improving our Tax Code. I am That is important. It is also equitable. imum tax. It is important that Amer- pleased to see that he has moved this Third, our bill applies the same prin- ica’s families receive the full benefit of legislation. It is something I know the ciple of bracket widening to the 28-per- the tax cuts they were promised. This Chair and I have advocated for a long cent bracket as well. We are just talk- important change will allow America’s time, as have many others in this body. ing about the 15-percent bracket, dou- families to maintain the $500-per-child We need to look at our policy in Amer- bling that $26,250 to $52,500 instead of tax credit, the Hope scholarship, the ica and see if it is actually affirming the current level of $43,850 for a mar- adoption credit, and many others that the values we hold dear: Particularly, ried couple. That is the 15-percent they would not be able to unless we are we setting governmental policy in bracket, the upper end of it. We would change this particular area of the mar- this country that damages families? Is also do it for the 28-percent bracket, riage penalty that applies as well. that one of the reasons for the breakup the 28-percent bracket as applied to Our bill provides fairness and equity. of families in this country? I think it singles earning between $26,250 to It provides hard-working American needs to be considered. I believe it is a $63,550. That $63,550 is the upper level of families with the tax relief they de- matter of importance. the 28-percent bracket. serve. Good public policy is what we are As in the 15-percent bracket, this Those are some of the specifics of the about. We need to spend more time amount is not double for joint filers for bill. I think this is an excellent bill in asking ourselves what is going to hap- married couples. You don’t get a dou- fixing some of these key areas of the pen when we pass certain legislation. bling amount. You actually get cut marriage penalty. I think we have out- All of us agree that when you tax an back from that. Under our marriage lined previously the reasons for doing item, a process, or an act, you get less it. It is not fair to tax people because penalty relief bill, it is double. That of it. If you subsidize another act or they get married and make them pay a level at which you can stay in the 28- process, you get more of it. That is just penalty for the price of being married. fundamental economics on which al- percent bracket as a married couple fil- More important, marriage is impor- most everybody would agree. ing joint would be exactly double what tant. We should send a positive signal you were as a single person. So again, What we have in the marriage pen- that this is a good thing. Stable fami- alty is an amazing event. In this Gov- we just make it equitable and fair. If it lies are important. Our approach also ernment, we have created, according to is two people filing singly or if it is a recognizes that every spouse has a the Congressional Budget Office, a tax couple filing jointly, it will be the great contribution that they make. At burden of nearly $1,400 per married cou- same taxable event. That is fair. That the same time our approach reduces ple. If they are living separately, they is equitable. and eliminates the marriage penalty will pay $1,400 on average less than if Fourth, our bill increases the phase- for many filers, it sends an important they are married. That is an amazing out range for the earned-income tax signal to all of America that we recog- event. I happen to know someone who credit. This is an important feature. nize the institution of marriage and we got divorced recently. When they di- Particularly for low-income families intend to promote it as a fundamental vorced, they said their tax bill went with children, they can incur a signifi- building block of our society. cant marriage penalty because of cur- I am hopeful this bill is going to be down $1,600. Had they divorced in De- rent limits on the earned-income tax considered on the floor with a reasoned cember instead of January, they would credit. If both spouses work, the phase- debate and not be too burdened down have had an extra $1,600 from that out of the EITC on the basis of their with amendments that are not ger- year’s return. We have the incredible, combined income can lead to the loss mane and that we will be able to pro- amazing event in which Federal tax of some or all of the EITC benefits to vide this marriage penalty relief to the policy encourages family breakup. It which they would be entitled as sin- millions of Americans, around 25 mil- provides a bonus—$1,600 a year—as long gles. In other words, if you have two lion married couples, who are currently as they remain single, for example. people filing singly, they would be en- adversely affected by the Tax Code. That is the kind of policy that we have titled to a certain amount of earned-in- There is more to do. The marriage created here. come tax credit. But if you combine penalty is in 66 different places. We Likewise, people who marry are pe- their incomes, you don’t get the same only get at a few of them, but we get at nalized. I know a young person that amount of earned-income tax credit for some important ones. Today’s is an im- married recently. He and his wife both the couple as you do for two singles. portant step by the Finance Committee work. They believe it will cost them Our bill fixes that problem as well. to report this bill out. I think it is a over $1,000 a year to get married. This The Senate Finance Committee pro- clear and an important step towards is $100 a month we are talking about. posal increases the beginning and end- our ultimate goal of getting this We are talking about people being ing points of the phaseout range by through the Senate, the conference be- taxed an additional $100 a month for $2,500. This change will be effective De- tween the House and the Senate, and to following through on an institution cember 31, 2000. This will mean families the President where I urge his signa- that this Nation traditionally—before who currently are ineligible for the ture. We must pass this important bill. we got into this matter—venerated, credit but within the $2,500 of eligi- I yield the floor and suggest the ab- and that is marriage and family. So I bility will be able to receive the re- sence of a quorum. think this is a big deal. It is a very big fundable EITC. This will reduce the The PRESIDING OFFICER. The deal. It is bad public policy. It is marriage penalty EITC. clerk will call the roll. wrong. It is unfair. We should not con- As I mentioned, the marriage penalty The assistant legislative clerk pro- tinue this policy and we need to end it is 66 places in the Tax Code. We are ceeded to call the roll. now. I believe we are on the road to getting at some of the most pernicious (Mr. BROWNBACK assumed the achieving that. I am excited about it. areas. For the earned-income tax cred- Chair.) Some time ago, we realized that we

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1976 CONGRESSIONAL RECORD — SENATE March 30, 2000 were not increasing the deductions for ADDITIONAL STATEMENTS able to live their lives without fear of families who had children and that medical complications or the pain of young families were struggling to raise being ostracized. That is why Congress children. MENTAL RETARDATION has a responsibility to fund diabetes re- This tax bill doesn’t deal with chil- AWARENESS MONTH search and prevention. I urge my col- dren, just marriage. We had a long ∑ Mr. GRAMS. Mr. President, I rise leagues to devote increased resources struggle, but we finally passed a $500 today to honor ARC Minnesota, and for research on diabetes, so that our per child tax credit for young families the men and women who volunteer scientists can find a cure.∑ trying to raise kids. For two kids, that countless hours to improve the quality is $1,000 a year, and nearly $85 a month. of life for children and adults with f Parents can buy shoes and clothes, mental retardation and their families. take the kids to the movies, buy some- March is officially this nation’s ‘‘Men- IN MEMORY OF ION RATIU thing after ball practice at McDonald’s. tal Retardation Awareness Month’’— ∑ That is real money to real American but the efforts of these individuals Mr. ROTH. Mr. President, I rise citizens. Now we are talking here about should be celebrated year-round. today to honor the life and accomplish- another $100 a month, on average, or As legislators at the federal level, ments of Ion Ratiu of Romania who $110, $120 a month that married people our support tends to come in the form passed away on the 16th of January. are having to pay for the privilege of of funding. It would be an understate- I had the honor of developing a close getting married. That should not be. It ment to say that children and adults friendship with Ion. He was an out- is a punishing and unfair tax. Further- with mental retardation and their fam- standing politician, a very successful more, it should not, in my view, be ilies are faced with unique challenges. businessman, a philanthropist and, based on income. Just because you Needs differ from family to family. For above all, a freedom fighter and a lead- make a little more money than some- some, it may be specialized education er devoted to deepening relations be- body else, why should you be penalized needs, and for others health care ac- tween Romania and the United States. for getting married? That doesn’t make cess. And as a member of the Senate Born in Romania at the end of World sense to me. This is not, in my view, a Budget Committee, I realize the vast War II, Ion Ratiu spent a good part of tax reduction issue so much as it is a array of programs we’ve created to ad- his life in the United Kingdom and the fairness issue. Let’s eliminate this un- dress the broad spectrum of needs—all United States. Here in Washington he fairness. I am excited about what is of which compete for tax dollars. developed many friendships and many happening here. Families will be able That is why I have strenuously sup- of us have benefited from the warm to buy that new dress, buy tires for ported initiatives which provide great- hospitality of his Georgetown home. their car, or fix the muffler, or get a er flexibility and control by individ- Those of us who had the pleasure of new set of shocks, things they may uals. Programs such as A+ accounts his friendship can only have been im- need on a monthly basis—things that that help families meet unique edu- pressed by the tremendous personal en- families do on a regular basis. cational needs that federal, state and ergy he directed against the dictator- Also, I want to point out that this local programs cannot. Legislation like ship that dominated his homeland penalty is particularly noticeable now the Patients’ Bill of Rights Plus Act until the Velvet Revolutions of 1989. that we have more married women that expands medical savings accounts, Ion was himself an incarnation of working. The penalty is even worse ultimately providing more flexible many elements of democracy’s power- when a married woman’s income comes health care access—particularly bene- ful arsenal. He was a journalist report- close to the amount of income of the fitting those that are uninsured. husband. So the husband and wife Mr. President, while Mental Retarda- ing on Romania’s tragedy. He was a marry and there is this unexpected tax. tion Awareness Month is coming to a protector and rescuer of its dissidents. You get whacked, and you wonder close, it doesn’t mean that Congress He was the founder of the ‘‘Free Roma- whether it is worth both people work- cannot move forward with policies nia Movement.’’ He was the unyielding ing. It oftentimes hurts the woman which provide unique solutions to the proponent of human rights in Romania. more than the man. In this country we unique challenges faced by individuals In addition to tearing down Com- would like to see equal opportunity in with mental retardation and their fam- munism and building democracy in Ro- salaries, that there not be a glass ceil- ilies. I would urge my colleagues to mania, Ion Ratiu was also one who con- ing for women, and that they ought to join me in commemorating the work of tributed to the foundation of deeper be able to have the same salary oppor- the 1,000 chapters of the ARC, in Min- ties and links between Romania and tunities. But the more likely, on a sta- nesota and across this nation, with the West, particularly the United tistical basis, that the woman receives their pledge to work towards this States. the same salary as a man, the more goal.∑ In London he led the British-Roma- this penalty will fall on her. So I think f nian Association for 20 years, and with it is clearly unfair to both men and DIABETES RESEARCH his wife and sons established the Ro- women. manian Cultural Center. Here in Wash- ∑ Mr. President, I want to say again Mr. BAUCUS. Mr. President, I rise ington, Ion endowed the Ion Ratiu that we are making a big step toward today to support increased research Chair at Georgetown University, a ending a penalty, a tax, a detriment, a funding for diabetes, a devastating dis- lighthouse for Romanian-American re- burden on an institution that is crit- ease that afflicts 16 million Americans, lations. ical to the salvation and strength of one-third of whom do not even know this country, which is marriage. We are that they have it. After the Romanian Revolution, Ion taxing that, penalizing that, and we Diabetes kills one American every Ratiu was elected a member of na- are discouraging marriage. We are sub- three minutes, discriminating neither tional Parliament in Bucharest. He sidizing singleness and divorce, actu- on the basis of age, race, or belief. It is even was a strong contender for the ally. That is not good public policy. I a lifelong affliction, with severe con- Romanian presidency. Ion benefited believe we can do better. Of course, it sequences. This was made painfully from the respect of all his colleagues in will have no impact on a single person. clear to me by a meeting I recently had the Romanian Parliament. He was ap- No burden will fall on them because of with a boy and his family from Mon- preciated for his commitment to de- passing this bill. It will simply be lev- tana. mocracy and unyielding efforts to earn eling the playing field and making it a Justin Windham, from Missoula, said for his country membership in the more fair system. I thank the Senator to me: ‘‘I want a cure for diabetes be- North Atlantic Treaty Organization. It from Kansas, and I thank Senator cause I don’t want to have any long was no surprise for me that Ion, a member of the opposition, led his par- ROTH and the others who have worked term effects like: going blind, kidney on this legislation. We are moving for- problems, or losing my legs. Also I liament’s delegation to the NATO Par- ward. It is time to pass this bill, to would like to be able to eat whatever liamentary Assembly. give some relief and eliminate this un- my friends eat and not feel left out.’’ The Romanian nation is mourning fair tax on marriage. Justin, and the 16 million other and so are Ion Ratiu’s friends in the I yield the floor. Americans with diabetes, should be United States and the United Kingdom.

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1977 We will remember his for the warm en- dents is in town for their annual trip to heroic story began soon after the Com- thusiasm and gentle manners he Washington to discuss issues that af- munists took power in China. In 1949, brought to every event. We will miss fect today’s youth. The group pre- he became the Bishop of Shanghai and, his soft and unique sense of humor. sented a letter signed by hundreds of in 1950, the Apostolic Administrator of And, we will always be grateful to Boston’s young people, asking Congress Soochow and Nanking. Resisting the him for keeping the torch of liberty, to provide funding for youth summer new regime’s attempt to control the democracy, and freedom alive and vi- jobs programs. Catholic Church, he refused to join the brant. Ion always stayed true to his Mayor Menino’s Youth Council was government-sanctioned Catholic Patri- principles and beliefs and to his love established in 1994 to give young people otic Association, which cut ties to the for Romania. the opportunity to take an active role Vatican. Instead, Cardinal Kung re- Ion Ratiu is truly one of the heroes as advocates on issues that directly af- mained loyal to the Pope and led the of not only Romania, but also the rela- fect their lives. These dedicated volun- devoutly Catholic Legion of Mary, tionship between Romania and the teers from each of the neighborhoods in ∑ which the Communists declared to be United States. Boston have reached out to their com- counter-revolutionary. f munity. They work closely with other organizations to hold monthly meet- After 5 years of tension, the Chinese TRIBUTE TO STUART PRENTISS ings and workshops, and they sponsor Government in 1955 arrested Cardinal HERMAN forums where young people can express Kung and several hundred other people ∑ Mrs. FEINSTEIN. Mr. President, I their concerns and recommend solu- involved in the unofficial Catholic rise today in memory of Stuart tions to elected officials. Church. Dragged into a stadium in Prentiss Herman, a prominent Cali- This week these high school students Shanghai for a public confession, the fornia attorney who passed away re- are here to emphasize their support for Cardinal, with his hands tied behind cently, in Los Angeles, at the young increased funding for summer job pro- his back, instead courageously shout- age of 57 after battling cancer. grams. These programs provide valu- ed: ‘‘long live Christ the King, long live Mr. Herman lived his life fighting in- able job experience for youths who oth- the Pope.’’ The security forces rushed justice and discrimination wherever he erwise might not have them. It helps him off the stage, and Cardinal Kung found it. He was active in the civil them support their families and save was held in detention for another 5 rights movement of the 1960’s, and money for college. Last summer, years. When he was finally brought to began his legal career in 1968 as a trial 500,000 young people were able to give trial in 1960, the authorities convicted attorney in the Civil Rights Division of back to their community, serving in Cardinal Kung and sentenced him to the United States Department of such worthwhile summer programs as life imprisonment for the so-called Justice. day camps, child care, care for the el- counter-revolutionary activity of pur- After his term as a federal attorney, derly, and cleaning city parks and suing his Catholic faith. Mr. Herman entered private practice. recreation areas. Cardinal Kung was a prisoner of con- His legal work was devoted to labor Studies show that early work experi- and civil rights law, and he was highly science whose plight became known ence raises lifetime earnings by ten around the world. He suffered 30 years respected throughout the country as a percent. Clearly, our investment in of isolating imprisonment, during litigator, a mediator, and an arbitrator these programs opens doors for the fu- which time he was denied visits from of complex and significant cases, par- ture by providing experience, connec- family and concerned representatives ticularly in the areas of racial dis- tions in the community, and an in- of the international community, and crimination and sexual harassment. In creased prospects for their lifelong other forms of contact such as written addition to his private practice, Mr. earning potential. Herman was committed to providing I commend the efforts of these young correspondence. Despite this tortuous legal services to the less privileged people to create jobs, and to prepare experience, he refused to renounce his members of our society, and served on students for worthwhile careers and beliefs or give in to his oppressors. In the Managing Committee of Bet the important choices that lie ahead. I fact, when told that he could win his Tzedek Legal Services, the Southern look forward to working with them to release by denouncing the Pope and co- California Committee of the NAACP build on this effort and make it even operating with the government-sanc- Legal Defense Fund and the Board of more effective. I also look forward to tions Catholic Patriotic Association, Directors of the Western Law Center seeing these young activists become he responded: ‘‘I am a Roman Catholic for Disability Rights. the leaders who will make a difference Bishop. If I denounce the Holy Father, He was also committed to preserving whatever challenge they face. I hope not only would I not be a Bishop, I the quality of our legal system, having that they will continue to inspire their would not even be a Catholic. You can served on the California State Bar peers and their representatives through cut off my head, but you can never Complainants’ Grievance Panel and the their energy, dedication and passion on take away my duties.’’ The Vatican Los Angeles Police Commission’s dis- the issues that can make a difference has recognized Cardinal Kung’s ex- cipline panels, and our judiciary, hav- in the lives of our nation’s youth. I traordinary devotion and sacrifice to ing served on the Los Angeles County congratulate these future leaders, for the Roman Catholic Church. In 1979, Bar Association’s Judicial Evaluations they are truly shining examples to us while he was still serving his life sen- Committee and on the U.S. Court of all.∑ tence, Pope John Paul II secretly ele- Appeals’ Ninth Circuit Task Force on f vated Kung to Cardinal, in pectore (in Judicial Reporting. his heart), and the Pope announced TRIBUTE TO CARDINAL KUNG Stuart Prentiss Herman was an ex- this to the world in 1991. ∑ Mr. LIEBERMAN. Mr. President, I emplary attorney, having truly dedi- In 1985, after sustained pressure from rise today to pay tribute to Cardinal cated his life to the pursuit of justice his family, human rights organiza- Kung, who passed away on March 12 in for all Americans. I rise today in rec- tions, and foreign governments, the Stamford, CT, at the age of 98. Cardinal ognition of all that he accomplished Chinese Government moved Cardinal Kung was a historic figure in the during his lifetime, and in sadness that Kung to house arrest, and in 1987 fi- he passed away at such an early age.∑ Roman Catholic Church and a symbol nally released him, though they nota- f of strength and hope for all of us who care about religious freedom. In China, bly did not exonerate him. He soon MAYOR THOMAS MENINO’S YOUTH his native land, the Cardinal endured traveled to the United States for med- COUNCIL terrible persecution because of his un- ical treatment and lived with his neph- ∑ Mr. KENNEDY. Mr. President, I had willingness to surrender his religious ew, Joseph Kung, in Connecticut. In the privilege of meeting today with a beliefs. My state, Connecticut, had the 1998, the Chinese Government refused wonderful group of courageous and great honor and privilege of welcoming to renew Cardinal Kung’s passport, ef- dedicated young people who are mem- him as a resident for the final years of fectively exiling him, and the Cardinal bers of Mayor Thomas Menino’s Youth his life. never returned to his country. Council in Boston. This diverse group Born in Shanghai in 1901, and or- Cardinal Kung’s life demonstrates, I of junior and senior high school stu- dained a priest in 1930, Cardinal Kung’s believe, the power of an individual’s

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1978 CONGRESSIONAL RECORD — SENATE March 30, 2000 faith and will to resist the repression search and preparing for the upcoming The article follows: of the state, and thus replenish the national competition in Washington. I STATE OF THE CITY wellspring of human liberty for others. wish these young ‘‘constitutional ex- We are at the start of a new millennium, or He refused to bend, to abandon his perts’’ the best of luck at the We the at least the start of a new year, and thanks commitment to his Church, and his ex- People. . . national finals and contin- to the support of a majority of the voters in ample inspired millions of his country- ued success in their future endeavors.∑ each of the 80 of the City’s 100 precincts, for me the start of a new 4-year term in office, men to hold firm in their beliefs and to f their rights. When the Communists until December 31, 2003. Even though that took power, there were an estimated 3 SIXTH ANNIVERSARY OF THE sounds like a long time off, if it is anything million Roman Catholics in China. Ac- SHOOTING DEATH OF AARON like the last 8 years, it will disappear all too HALBERSTAM quickly. cording to current Chinese government Last year in this speech I was able to talk statistics, there are now 4 million per- ∑ Mr. MOYNIHAN. Mr. President, I rise about the Common Good, about our accom- sons registered with the official Catho- today to extend my condolences to the plishments, and about the positive aspects of lic Church. However, according to Chi- family of Aaron ‘‘Ari’’ Halberstam on our future. Sometimes, however, a series of na’s unofficial Catholic Church, for the sixth Hebrew calendar anniversary events occur, which make me feel that living whom Cardinal Kung was the greatest of his death. On March 1, 1994, the 15 in a community like this one, if it can be symbol, the number of underground year old was shot and fatally wounded, aroused and focused, it could provide leader- Catholics has swelled to as many as 9– ship to this region, this State, perhaps even while driving in a van with fifteen the country. So here is the topic I want to 10 million. other students, on the on-ramp of the talk about today. On December 7th in Fort It is no secret that religious persecu- Brooklyn Bridge returning home from Gibson, Oklahoma, a 13-year-old seventh tion in China, including of underground visiting the late Lubavitcher spiritual grader named Seth Trickey emptied a 9-mil- Catholics, continues. It is my hope leader Rabbi Menachem Mendel limeter semi-automatic pistol, resulting in that the spirit of Cardinal Kung will Schneerson. four of his classmates being shot. Sur- endure and continue to inspire others Although the shooter, Rashid Baz, rounded by 14 spent cartridges, he kept try- in China and around the world to fol- was convicted of murder and sentenced ing to pull the trigger on the empty handgun until the police arrived. low his courageous example. And that to life in prison, there remains a ques- one day there will be the complete reli- In Springfield, Oregon, 15-year-old Kip tion of what motivated the attack. Kinkel gave a report in science class about gious freedom in China that Cardinal Many New Yorkers have joined Ari’s ∑ how to make a bomb. Then in literature Kung lived, worked, and prayed for. mother, Mrs. Devorah Halberstam, in class he read from his journal about thinking f calling on the Federal Bureau of Inves- about killings. No one did anything until he AMADOR VALLEY HIGH SCHOOL IN tigation, FBI, to reclassify this hateful later shot and killed his parents and two attack as an act of urban terrorism. classmates. NATIONAL COMPETITION ON U.S. At Columbine High School, Eric Harris and CONSTITUTION Last May, at the request of the New Dylon Klebold, used a saw-off shotgun, a York Congressional Delegation, the ∑ Mrs. FEINSTEIN. Mr. President, on rifle, and a semi-automatic pistol, to slaugh- FBI and the United States Attorney’s May 6–8, 2000, more than 1,200 students ter 13 students and teachers. One of their Office agreed to review the case for from across the United States will be classmates, Patrick Ireland, recently fea- possible evidence of Federal crimes tured in Life magazine’s Year in Pictures, in Washington, D.C. to compete in the was shot twice in the head and once in the national finals of the We the People. . . such as terrorism, civil rights violations, and firearms violations. This in- foot. One bullet passed through the left The Citizen and the Constitution pro- hemisphere of his brain, which controls lan- gram. I am very proud to announce vestigation is ongoing. We look forward to the swift conclu- guage, complex thinking, and the right side that the class from Amador Valley of the body, causing massive damage. It’s High School in Pleasanton will rep- sion of the FBI and US Attorney’s re- still in his brain—too risky to remove, and resent the State of California. These view in the hope it will bring peace of he’s considered lucky, because he’s alive. Re- young scholars have worked diligently mind to the family who has suffered so cently a home-made videotape was released to reach the national finals. Through greatly. Then, we shall hopefully, once in which Eric and Dylon talked about how and for all, learn what motivated they hoped one day Hollywood directors their experience, they have gained a would fight for the right to tell their story, deep knowledge and understanding of Rashid Baz to commit such a senseless act of violence.∑ but they said they couldn’t decide whether the fundamental principles and values Steven Spielberg or Quentin Tarantino of our constitutional democracy. f should direct the film. Their callousness is The We the People. . . The Citizen GRAND RAPIDS STATE OF THE unbelievable! They talk openly on the tape and the Constitution program is the CITY about concocting their plan under the noses most extensive educational program in of unsuspecting parents and friends. They ∑ the country developed specifically to Mr. LEVIN. Mr. President, Ameri- mention the time a clerk from Green Moun- educate young people about the Con- cans are fed up with the intolerable tain Guns called Harris’s home. His father stitution and the Bill of Rights. The levels of gun violence in this country. answered. ‘‘The clips are in,’’ the clerk said. This violence has seeped into our Wayne Harris told the clerk he hadn’t or- primary goal of the program is to pro- dered any clips for a gun, but never asked mote civic competence and responsi- homes, schools, churches and community centers. the clerk if he had the right phone number. bility among our nation’s elementary Barry Loukaitis, then 14, walked into his and secondary students. Administered In cities and counties across the na- Moses Lake, Washington Junior High by the Center for Civic Education, the tion, people are calling for common- School, wearing a black trenchcoat and car- We the People. . . program has pro- sense gun legislation. Mayor John rying a high-powered rifle. The coat also vided curricular material for more Logie, of Grand Rapids, Michigan, dedi- concealed two fully stocked ammunition than 26 million students nationwide. cated his State of the City speech to belts around his chest and a hip holster car- The three-day national competition the issue of gun violence and its trau- rying two low-caliber handguns, both owned by his parents. Loukaitis burst into his Alge- is modeled after hearings in the U.S. matic effect on children. He asks us to take a new and different approach to bra classroom and began spraying bullets. He Congress. The students testify as con- shot first at a popular boy who had taunted stitutional experts before a panel of the problem, an approach focused on him, and then two other students and a judges representing several regions of protecting our children. Mayor Logie teacher. When it was over, using a line from the country and a variety of appro- suggests that there is ‘‘no greater a novel, he said, ‘‘Sure beats Algebra, doesn’t priate professional fields. Their testi- cause behind which we can all join, it?’’. All but one of the students died. mony is followed by a period of ques- than saving the lives of our young peo- In Bethel, Alaska, a 16-year-old used a 12- tioning by a simulated Congressional ple.’’ Major Logie is right: gun violence gauge shotgun to kill his principal and a committee. The judges probe students can be reduced. I hope this Congress classmate. In Pearl, Mississippi; West Padu- can endorse his message and work to cah, Kentucky; Jonesboro, Arkansas; Spring- for their depth of understanding and field, Oregon; and Conyors, Georgia, this ter- ability to apply their constitutional protect our children from senseless rifying scene keeps reoccurring with star- knowledge. firearm injury and death. tling similarity and frightening regularity. The class from Amador Valley High I ask that the text of Mayor Logie’s And of course, here in Michigan we have Na- School is currently conducting re- speech be printed in the RECORD. thaniel Abraham, a convicted murderer at

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1979 age 11, and, in West Michigan, maybe just would be able to do so. Not one big-city sale to anyone including particularly, teen- missed something of this nature when Justin mayor or police chief in Michigan supported agers, illegal. Walters pleaded no contest to ethnic intimi- this terrible idea. But if it hadn’t been for (4) The domestic production of large-capac- dation charges after he and another boy in Eric Harris and Dylon Klebold in Littleton, ity ammunition clips, ones that carry more Holland were found to have allegedly com- Colorado, the law would have been changed. than 10 rounds, has already been banned. But piled a hit list that targeted minority stu- Even this bill’s most ardent supporters a loophole as large as the cargo hold of a dents at their school. didn’t have the stomach to pass this legisla- freighter still exists. The importation of In 1996, handguns were used to murder only tion after the slaughter at Columbine. But, these large-capacity ammo clips needs to be 2 people in New Zealand, only 15 in Japan, be assured it will resurface and be tried outlawed as well. only 30 in Great Britain, and only 106 in our again. neighbor Canada. In that same year 9,390 Then there is HB 4379, which would not (5) Seventeen states have passed Child Ac- handgun murders occurred in this country. only block lawsuits against the gun industry cess Prevention laws, so-called CAP laws. In fact, that is only part of the approxi- by state and local governments, but also pri- Florida, governed by Jeb Bush, was the first mately 33,000 firearm-related deaths in the vate organizations and individuals; and more state to pass such a law and has seen unin- United States—roughly the same number of importantly to where I believe we have to tentional shooting deaths drop by more than Americans as were killed in the Korean War. go, it would explicitly block state govern- 50% in the first year. These laws would make Choose any 2 years in the 90’s, and guns in ment from requiring safety locks or warning a gun owner responsible if a child gains ac- the United States killed more people than in labels on guns. This proposal had 58 sponsors cess to an improperly stored firearm and all the long years of the Vietnam War. Each in the House of Representatives, more than uses it to kill or injure others. Almost 60% of week, more than 600 people in the United enough to assure passage in that chamber, students in grades 6 through 12 have indi- States die from gun-related incidents. Many unless they start receiving different mes- cated that they know where to get a gun, of them are children. In 1997, half of the sages from all of us. We must say ‘‘no’’ to and a third of them said that they could get handgun homicides were kids under 19. Every more pro-gun manufacturer legislation. one within an hour. The unlocked, loaded day in America, 12 young people die of gun- Things are not any better in Washington. gun in the home should become a thing of shot wounds. Even accidental shooting Last fall the majority Whip in the House of the past. deaths take a hideous toll: The rate for acci- Representatives, Congressman TOM DELAY, dental gun deaths for children under 15 in was quoted as saying, ‘‘This House is a pro- (6) And finally, technology is almost avail- the United States is 9 times higher than the gun House.’’ Last May the U.S. Senate able for so-called ‘‘smart guns’’—firearms rate for the other 25 industrial nations com- passed a juvenile justice bill and added an equipped with an electronic device to pre- bined. amendment requiring trigger-locking devices vent anyone but the owner from firing it. Before we can talk about creating solu- to protect children. This was also the bill When you look at the billions of dollars that tions, I want to suggest that we have to that by one vote, 51–50 with Vice President we spend annually to fight and attempt to begin by taking a new and different ap- GORE casting the deciding vote, the Senate conquer diseases, would it not be justified to proach. The typical rhetoric around the issue agreed to regulate sales at gun shows. Well, fund and thereby advance the timetable for of so-called gun control almost always ends that piece of legislation is now languishing research on this smart gun technology to up with the people on the Right declaring in the House-Senate Conference Committee, bring it to the marketplace sooner rather that the Second Amendment to the Constitu- where no one shows the political will nec- than later? tion’s language about ‘‘the right of the peo- essary to move it forward. Somehow we have Whether or not we are in the 21st Century, ple to keep and bear arms not being in- to inspire these people to do the right thing. we have certainly turned a numerical mile- fringed’’ is an automatic license to own any We must begin to demand a regulatory and stone. This year begins, for the first time, firearm you want, protected from govern- statutory framework that protects our chil- with a ‘‘2.’’ In my recent Third Inaugural Ad- mental intrusion. And the people on the Left dren—even from themselves. dress, I had an opportunity to look back at answer by saying that what we have to do is Here are some of the issues that we can the 19th Century’s Last Will and Testament outlaw guns entirely. But the reality is that and should begin demanding receive serious as it appeared in The Grand Rapids Herald, there are some 240 million guns in this coun- consideration: on December 31, 1900. The Editor was Arthur try, well over 90 million of them handguns, (1) Require background checks for all guns VandenBurg, who would later become our which are not just going to go away. purchased at gun shows. All dealers should U.S. Senator. The Will bequeathed inven- The missing link to much more effective be federally licensed, requiring them to con- tions, books and reading, an honest ballot regulation has to be keyed to our concern for duct a background check prior to selling a box, the need for equal civil rights, care for our children. Has anyone missed the point of firearm. There are now more than 4,000 an- the disadvantaged, and concerns about arma- this speech so far? That while we continue to nual gun shows dedicated primarily to the ments. I made the observation that it ap- talk about this issue, to debate this issue, to sale or exchange of firearms. Our friends at peared that 100 years later we were still fight over gun ownership rights, children are The Grand Rapids Press supported this re- struggling with many of the same issues. dying everywhere in America, including our quirement in an editorial on September 29, own community. Whatever the Constitu- 1999. Gun violence being perpetrated by chil- tional rights of adults are, we have always (2) Require trigger locks. Conservative Re- dren, or at them, was nowhere to be found in had a Constitutional basis to be more republican Governor Christine Todd Whitman, the years 1899 or 1900. It is a product of the strictive and more protective about our chil- on October 13, 1999, made New Jersey the age we now live in—perhaps just the last 25 dren. As Mayor and a practicing trial lawyer fourth state in the nation to prohibit the years. I hope that what we have unfortu- for more than 30 years, I suggest that this is sale of any new handgun without a trigger nately found to be true about the social a point of entry into better solutions. By fo- lock. In 1998 New York City passed a local problems which are still with us from 100 cusing on protecting our children, we can ordinance making sellers responsible for years ago, would not be true for this issue 100 avoid most, if not all of the most divisive issuing trigger locks. When that didn’t get years from now. You know, one definition of legal issues. the job done, on October 14, 1999, the city insanity is doing the same thing over and But first we have to slow down the Michi- passed an ordinance punishing gun owners over again, and expecting different results. gan Legislature. Fifty-six weapons bills were with a year in jail if they fail to use trigger We can, we should, and we must change our introduced in Lansing in 1999. Let me de- locks. Chicago, San Francisco, and the State strategy toward guns and children to achieve scribe only two of them. One dealt with car- of Massachusetts all have similar require- a better outcome. rying concealed weapons, or ‘‘CCW.’’ Here in ments. According to a Wall Street Journal/ I can think of no greater cause behind Kent County, as in most of the densely popu- NBC News poll last July, 94% of women and which we all can join, than saving the lives 81% of men support requiring that guns have lated counties in Michigan, our concealed of our young people. I have attended the fu- safety triggers. If we can implement this weapons permit board is very conservative. nerals for two of my brother Jim’s three rule without new state legislation, I will ask Few permits are issued, and then only for a children—one dead of natural causes, the the City Commission to do so. If not, I will very real need. Other, more rural counties other from a car accident. Burying children, lobby for the necessary state law change to are sometimes more liberal in their ap- having their lives abruptly cut off, is truly a do so. proach. Somehow this difference between tragedy. urban and rural counties has offended cer- (3) California, in addition to outlawing tain members of the Legislature because of ‘‘Saturday Night Specials,’’ has passed a law Over the last 10 years, our community has its ‘‘lack of uniformity.’’ So a bill was limiting sales of handguns to one per month. grown in stature in this West Michigan re- rushed into both chambers to strip away Republican Governor Bill Owens of Colorado gion, in this State, and even beyond. Pro- that local discretion and make Michigan a has endorsed raising the legal age to buy a tecting our children is an issue that can and ‘‘shall issue’’ state, which means that unless gun from 18 to 21. To keep firearms out of should transcend party politics and conserv- the applicant was nuts or a convicted felon, children’s reach, he wants a law requiring ative and liberal ideologies. I am confident he gets a permit. Overnight, virtually any safe storage. Finally, he would make ‘‘straw that we can make a difference. Let us com- person wanting to carry a concealed weapon purchases,’’ the guys that buy in bulk for re- mit to doing so.∑

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1980 CONGRESSIONAL RECORD — SENATE March 30, 2000 MESSAGES FROM THE PRESIDENT S. 2323. A bill to amend the Fair Labor Brig. Gen. Leroy Barnidge Jr, 0000 Standards Act of 1938 to clarify the treat- Brig. Gen. John L. Barry, 0000 Messages from the President of the ment of stock options under the Act. Brig. Gen. Walter E.L. Buchanan III, 0000 United States were communicated to f Brig. Gen. Richard W. Davis, 0000 the Senate by Mr. Williams, one of his Brig. Gen. Robert R. Dierker, 0000 secretaries. EXECUTIVE REPORTS OF A Brig. Gen. Michael N. Farage, 0000 EXECUTIVE MESSAGES REFERRED COMMITTEE Brig. Gen. Jack R. Holbein Jr, 0000 As in executive session the Presiding The following executive reports of a Brig. Gen. Charles L. Johnson II, 0000 Brig. Gen. Theodore W. Lay II, 0000 Officer laid before the Senate messages committee were submitted: Brig. Gen. Teddie M. McFarland, 0000 from the President of the United By Mr. WARNER for the Committee on Brig. Gen. Michael C. McMahan, 0000 States submitting sundry nominations Armed Services. Brig. Gen. Timothy J. McMahon, 0000 which were referred to the appropriate The following named officer for appoint- Brig. Gen. Duncan J. McNabb, 0000 committees. ment in the United States Air Force to the Brig. Gen. Howard J. Mitchell, 0000 (The nominations received today are grade indicated while assigned to a position Brig. Gen. Bentley B. Rayburn, 0000 of importance and responsibility under title Brig. Gen. John F. Regni, 0000 printed at the end of the Senate pro- 10, U.S.C., section 601: ceedings.) Brig. Gen. Victor E. Renuart Jr, 0000 To be general Brig. Gen. Lee P. Rodgers, 0000 f Gen. Lester L. Lyles, 0000 Brig. Gen. Glen D. Shaffer, 0000 Brig. Gen. Charles N. Simpson, 0000 The following named officer for appoint- MESSAGES FROM THE HOUSE Brig. Gen. James N. Soligan, 0000 ment in the United States Air Force to the At 4:28 p.m., a message from the Brig. Gen. Michael P. Wiedemer, 0000 grade indicated while assigned to a position Brig. Gen. Michael W. Wooley, 0000 House of Representatives, delivered by of importance and responsibility under title Brig. Gen. Bruce A. Wright, 0000 Mr. Hays, one of its reading clerks, an- 10, U.S.C., section 601: nounced that the House has passed the The following Air National Guard of the To be lieutenant general United States officer for appointment in the following bill, in which it requests the Maj. Gen. Michael E. Zettler, 0000 concurrence of the Senate: Reserve of the Air Force to the grade indi- The following named officer for appoint- cated under title 10, U.S.C., section 12203: H.R. 3908. An act making emergency sup- ment as Vice Chief of Staff, United States To be brigadier general plemental appropriations for the fiscal year Air Force, and appointment to the grade in- Col. David F. Wherley Jr., 0000 ending September 30, 2000, and for other pur- dicated while assigned to a position of im- The following named Air National Guard of poses. portance and responsibility under title 10, the United States officers for appointment to The message also announced that U.S.C., sections 601 and 8034: the grade indicated in the Reserve of the Air pursuant to section 4(b) of Public Law To be general Force under title 10, U.S.C., sections 12203 94–201 (20 U.S.C. 2103(b)), and upon the Lt. Gen. John W. Handy, 0000 and 12212: recommendation of the Minority Lead- The Following named officers for appoint- To be colonel er, the Speaker has reappointed the fol- ment to the grade indicated in the United James L. Abernathy, 0000 lowing individual from private life to States Air Force and for regular appoint- David S. Angle, 0000 the Board of Trustees of the American ment (identified by an asterisk (*)) under David E. Avenell, 0000 Folklife Center in the Library of Con- title 10, U.S.C., sections 624, 628, and 531: Travis D. Balch, 0000 gress on the part of the House: Mr. Wil- To be major Joseph G. Balskus, 0000 liam L. Kinney of South Carolina. Terrance A. Harms, 0000 Anthony B. Basile, 0000 The message further announced that *Frederick E. Snyder, Jr. 0000 Daniel W. Beck, 0000 the House disagrees to the amendment Krista K. Wenzel, 0000 Donald M. Boone, 0000 Richard S. Cain, 0000 The following Air National Guard of the of the Senate to the bill (H.R. 2559) to Craig E. Campbell, 0000 United States officers for appointment in the amend the Federal Crop Insurance Act Donald H. Chamberlain, 0000 Reserve of the Air Force to the grades indi- to strengthen the safety net for agri- Michael G. Colangelo, 0000 cated under title 10, U.S.C., section 12203: cultural producers by providing greater Arthur O. Compton, 0000 access to more affordable risk manage- To be major general James D. Conrad, 0000 ment tools and improved protection Brig. Gen. James F. Barnette, 0000 Douglas T. Cromack, 0000 from production and income loss, to Brig. Gen. Gilbert R. Dardis, 0000 Thomas L. Dodds, 0000 improve the efficiency and integrity of Brig. Gen. David B. Poythress, 0000 Patrick F. Dunn, 0000 Brig. Gen. Joseph K. Simeone, 0000 Claude J. Eichelberger, 0000 the Federal crop insurance program, Brig. Gen. Richard E. Spooner, 0000 William H. Etter, 0000 and for other purposes, and agrees to Brig. Gen. Steven W. Thu, 0000 Dante M. Ferraro, Jr., 0000 the conference asked by the Senate on Brig. Gen. Bruce F. Tuxill, 0000 Kathleen E. Fick, 0000 the disagreeing votes of the two Houses To be brigadier general Ronald K. Girlinghouse, 0000 Thomas M. Greene, 0000 thereon; and appoints Mr. COMBEST, Col. Shelby G. Bryant, 0000 David J. Hatley, 0000 Mr. BARRETT of Nebraska, Mr. BOEH- Col. Kenneth R. Clark, 0000 Thomas J. Haynes, 0000 NER, Mr. EWING, Mr. POMBO, Mr. STEN- Col. Gregory B. Gardner, 0000 Debora F. Herbert, 0000 HOLM, Mr. CONDIT, Mr. PETERSON of Col. John B. Handy, 0000 Randall D. Herman, 0000 Col. Jon D. Jacobs, 0000 Minnesota, and Mr. DOOLEY of Cali- Allison A. Hickey, 0000 Col. Clifton W. Leslie Jr., 0000 fornia, as managers of the conference Robert A. Hickey, 0000 Col. John A. Love, 0000 on the part of the House. Randall E. Horn, 0000 Col. Douglas R. Moore, 0000 William E. Hudson, 0000 f Col. Eugene A. Sevi, 0000 Thomas Ingargiola, 0000 Col. David E.B. Strohm, 0000 MEASURE REFERRED John C. Inglis, 0000 Col. Harry M. Wyatt III, 0000 Richard W. Johnson, 0000 The following bill was read the first The following named officer for appoint- and second time by unanimous consent Verle L. Johnston Jr. 0000 ment in the United States Air Force to the Richard W. Kimbler, 0000 and referred as indicated. grade indicated while assigned to a position Debra N. Larrabee, 0000 H.R. 3908. An act making emergency sup- of importance and responsibility under Title Michael L. Leeper, 0000 plemental appropriations for the fiscal year 10, U.S.C., section 601: Alan E. Lew, 0000 ending September 30, 2000, and for other pur- To be lieutenant general Connie S. Lintz, 0000 poses; to the Committee on Appropriations. Maj. Gen. Ronald E. Keys, 0000 Salvatore J. Lombardi, 0000 Henry J. Maciog, 0000 f The following named officers for appoint- Naomi D. Manadier, 0000 ment in the United States Air Frce to the MEASURES PLACED ON THE Gregory L. Marston, 0000 grade indicated under title 10, U.S.C., section Eugene A. Martin, 0000 CALENDAR 624: Thaddeus J. Martin, 0000 The following bills were read the sec- To be major general Craig M. McCormick, 0000 ond time, and placed on the calendar: Brig. Gen. Gary A. Ambrose, 0000 Dennis W. Menefee, 0000 S. 2314. A bill for the relief of Elian Gon- Brig. Gen. Brian A. Arnold, 0000 Dennis J. Moore, 0000 zalez and other family members. Brig. Gen. Thomas L. Baptiste, 0000 Maria A. Morgan, 0000

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1981 Barbara J. Nelson, 0000 Brenda F. Mosley, 0000 the Army under title 10, U.S.C., sections 1552 Robert B. Newman, Jr., 0000 Roger W. Olsen, 0000 and 12203: Christopher M. Nixon, 0000 Analiza Y. Padderatz, 0000 To be colonel Donald D. Parden, 0000 Robert M. Pontius, 0000 James W. Hutts, 0000 Francis W. Pedrotty, 0000 Nathaniel Powell, Jr., 0000 Timothy J. Hyland, 0000 Kathleen T. Perry, 0000 Ann B. Richardson, 0000 Bronislaw A. Zamojda, 0000 Thomas F. Prenger, 0000 Douglas S. Rinehart, 0000 John A. Ramsey, 0000 Margaret Rivera, 0000 The following named officers for appoint- Marvin L. Riddle, 0000 Lynele Rockwell, 0000 ment to the grades indicated in the United Renny M. Rogers, 0000 Gemryl L. Samuels, 0000 States Army and for regular appointment in Russell H. Sahr, 0000 Catherine M. Schempp, 0000 the Medical Service Corps (MS) and, Medical Lois H. Schmidt, 0000 Scott R. Severin, 0000 Corps (MC), as indicated, under title 10, Timothy W. Scott, 0000 Kathleen Y. Shackle, 0000 U.S.C., sections 531, 624, and 3064: Jack F. Scroggs, 0000 Ronald L. Shippee, 0000 To be lieutenant colonel Samuel S. Sivewright, 0000 Debra L. Spittler, 0000 Paul R. Hulkovich, 0000 John B. Soileau, Jr. 0000 Daniel A. Strickman, 0000 To be major Benjamin J. Spraggins, 0000 Robert J. Thompson, 0000 Jay T. Stevenson, 0000 Wren H. Walters, Jr., 0000 Michael A. Weber, 0000 David K. Tanaka, 0000 Lisa D. Weatherington, 0000 The following named officers for appoint- Timothy G. Tarris, 0000 Noel R. Webster, 0000 ment to the grade indicated in the United Wayne L. Thomas, 0000 Betty J. Wiley, 0000 States Army in the Medical Corps under title James K. Townsend, 0000 Timothy D. Williamson, 0000 10, U.S.C., sections 624 and 3064: Terrance R. Tripp, 0000 The following Army National Guard of the To be major Kay L. Troutt, 0000 United States officers for appointment in the Scott R. Antoine, 0000 Brian A. Truman, 0000 Reserve of the Army to the grade indicated Vincent G. Becker, 0000 Curtis M. Whitaker, 0000 under title 10, U.S.C., Section 12203: Bal R. Bhullar, 0000 Mark A. White, 0000 To be major general Jon M. Bruce, 0000 Kennard R. Wiggins Jr., 0000 Brig. Gen. William A. Cugno, 0000 Sellas P. Coble, 0000 Brent E. Winget, 0000 Brig. Gen. Bradley D. Gambill, 0000 Thomas R. Coomes, 0000 Darryll D.M. Wong, 0000 Brig. Gen. Marianne Mathewson-Chapman, Marc D. Davis, 0000 The following named officer for appoint- 0000 James M. Ditolla, 0000 ment in the United States Army to the grade Brig. Gen. Michael H. Taylor, 0000 Jason R. Dittrich, 0000 indicated under title 10, U.S.C., section 624: Brig. Gen. Francis D. Vavala, 0000 Charles R. Downey, Jr., 0000 To be brigadier general To be brigadier general Travis A. Dugan, 0000 Samuel J. Eallonardo III, 0000 Col. Robert E. Gaylord, 0000 Col. John A. Bathke, 0000 Jonathan C. Eugenio, 0000 The following Army National Guard of the Col. Barbaranette T. Bolden, 0000 Todd A. Farrer, 0000 United States officer for appointment in the Col. Ronald S. Chastain, 0000 Edmund W. Higgins, 0000 Reserve of the Army to the Army to the Col. Ronald G. Crowder, 0000 Philip G. Hirshman, 0000 grade indicated under title 10, U.S.C., section Col. Ricky D. Erlandson, 0000 Cheuk Y. Hong, 0000 12203: Col. Dallas W. Fanning, 0000 Elizabeth D. Kassapidis, 0000 Col. Donald J. Goldhorn, 0000 To be brigadier general David C. Kottra, 0000 Col. Larry W. Haltom, 0000 Col. David E. Glines, 0000 Alexander A. Kucewicz, 0000 Col. William E. Ingram, Jr., 0000 Alex Loberarodriguez, 0000 The following named officers for appoint- Col. John T. King, Jr., 0000 Matthew J. Martin, 0000 ment to the grade indicated in the United Col. Randall D. Mosley, 0000 Vincent M. Messbarger, 0000 States Army in the Nurse Corps, Medical Col. Richard C. Nash, 0000 Todd A. Miller, 0000 Service Corps, Medical Specialist Corps and Col. Phillip E. Oates, 0000 Carolyn Y. Millerconley, 0000 Veterinary Corps under title 10, U.S.C., sec- Col. Richard D. Read, 0000 Mary V. Mirto, 0000 tions 624 and 3064: Col. Andrew M. Schuster, 0000 Charles A. Mullins, 0000 To be colonel Col. David A. Sprynczynatyk, 0000 John F. Nicholson, 0000 Col. Ronald B. Stewart, 0000 Jaime Albornoz, 0000 Shawn D. Parsley, 0000 Col. Warner I. Sumpter, 0000 Carlos M. Arroyo, 0000 Robert L. Richard, 0000 Col. Clyde A. Vaughn, 0000 Katherine A. Babb, 0000 Paul E. Rieck, 0000 John M. Beus, 0000 The following named officers for appoint- Brian A. Sauter, 0000 James A. Blagg, 0000 ment to the grade indicated in the United Frederick K. Swiger, 0000 Larry G. Carpenter, 0000 States Army in the Judge Advocate Gen- Shawn A. Tassone, 0000 David S. Carter, 0000 eral’s Corps under title 10, U.S.C. sections 624 Albert W. Taylor, 0000 Michael B. Cates, 0000 and 3064: William Warlick, 0000 Maureen Coleman, 0000 To be colonel David C. Wells, 0000 Brian J. Commons, 0000 Lyle W. Cayce, 0000 Warren T. Withers, 0000 Patricia A. Cordts, 0000 Malinda E. Dunn, 0000 Patrick J. Woodman, 0000 Michael D. Daley, 0000 Anthony M. Helm, 0000 The following named officers for regular William G. Davies, 0000 William M. Mayes, 0000 appointment in the grades indicated in the Stephen L. Denny, 0000 Michele M. Miller, 0000 United States Army Nurse Corps (AN), Med- Sharon S. Deruvo, 0000 Melvin G. Olmscheid, 0000 ical Corps (MC), Dental Corps (DE), Medical Mary R. Deutsch, 0000 John F. Phelps, 0000 Specialist Corps (SP), Veterinary Corps (VC), Donna M. Diamond, 0000 Fred T. Pribble, 0000 and Judge Advocate General’s Corps (JA) Kathleen N. Dunemn, 0000 Steven T. Salata, 0000 under title 10, U.S.C., sections 531 and 3064: Princess L. Facen, 0000 Mortimer C. Shea, Jr., 0000 To be colonel Bradley D. Freeman, 0000 Paul L. Snyders, 0000 Timothy D. Gordon, 0000 William A. Stranko II, 0000 Martha C. Lupo, 0000 Greg A. Griffin, 0000 Manuel E. Supervielle, 0000 Indira Wesley, 0000 David S. Heintz, 0000 Marc L. Warren, 0000 John M. Wesley, 0000 Joseph C. Hightower, 0000 Roger D. Washington, 0000 To be lieutenant colonel Nancy S. Hodge, 0000 The following named Army National Guard Karen L. Cozean, 0000 Sally S. Hoedebecke, 0000 of the United States officers for appointment Michael E. Faran, 0000 William J. Huleatt, Jr., 0000 to the grade indicated in the Reserve of the Todd R. Granger, 0000 Dorene Hurt, 0000 Army under title 10, U.S.C., sections 12203 Warren S. Mathey, 0000 Leland L. Jurgensmeier, 0000 and 12211: Christine M. Piper, 0000 William S. Kirk, 0000 Phillip R. Pittman, 0000 Brian E. Knapp, 0000 To be colonel David Schuckenbrock, 0000 Jeffrey N. Legrande, 0000 James M. Dapore, 0000 Calvin Y. Shiroma, 0000 Larry C. Lynch, 0000 Richard Parker, 0000 Ray N. Taylor, 0000 Francis L. McVeigh, 0000 Michael J. Wilson, 0000 Elizabeth A. Milford, 0000 The following named officers for appoint- To be major Judith J. Minderler, 0000 ment to the grade indicated in the Reserve of Susan C. Altenburg, 0000

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1982 CONGRESSIONAL RECORD — SENATE March 30, 2000 Morgan L. Bailey, 0000 John P. Lay, 0000 Bruce H. Baker Jr., 0000 Elizabeth A. Bowie, 0000 Walter S. Leitch, 0000 Kenneth J. Baker, 0000 Wilfredo Cordero, 0000 Andrew H. Lin, 0000 Albert Bardayan, 0000 Debra R. Cox, 0000 Brian F. Malloy, 0000 Newton R. Bardwell III, 0000 Sylvia R. Dennis, 0000 Jason D. Marquart, 0000 Roosevelt Barfield, 0000 Margaret L. Dixon, 0000 Laura N. Marquart, 0000 Lonnie L. Barham, 0000 JoAnn S. Doleman, 0000 Scott F. McClellan, 0000 Rodney J. Barham, 0000 Ann M. Everett, 0000 Karin L. McElroy, 0000 Steven R. Barner, 0000 Dorothy F. Galberth, 0000 Jennifer H. Mcgee, 0000 John I. Barnes III, 0000 Christine D. Garner, 0000 Valencia B. Meza, 0000 Robert L. Barnes Jr., 0000 Robert C. Gerlach, 0000 Steven C. Miller, 0000 Daniel W. Barr, 0000 Benny F. Harrell, 0000 Beverly J. Morgan, 0000 Richard A. Baylor, 0000 Walt Hinton, 0000 Philip S. Mullenix, 0000 Robert A. Bean Jr., 0000 Emmons V. Holbrook, 0000 Sean W. Mulvaney, 0000 Mark D. Becher, 0000 Barbara M. Keltz, 0000 Kevin M. Nakamura, 0000 Bruce E. Beck, 0000 Daniel O. Kennedy, 0000 Kenneth J. Nelson, 0000 Carl B. Beckmann Jr., 0000 Dorothy J. Legg, 0000 Duc H. Nguyen, 0000 Terrence W. Beltz, 0000 Patricia A. Merrill, 0000 John P. O’Brien, 0000 Dan A. Berkebile, 0000 Joseph M. Molloy, 0000 Jason A. Pates, 0000 Gerald R. Betty, 0000 Debra A. Ramp, 0000 Theresa A. Pechaty, 0000 Warren K. Beyer, 0000 Doris A. Reeves, 0000 Sylvia F. Perez, 0000 William G Bickel, 0000 Lue D. Reeves, 0000 Jose Perezvelazquez, 0000 Courtland C. Bivens III, 0000 Catherine F. Ryan, 0000 America Planas, 0000 Robert D. Bloomquist, 0000 Robert Savage, 0000 Richard D. Reed, 0000 Terry L. Bortz, 0000 Adoracion G. Soria, 0000 Carolyn Richardson, 0000 Phillip E. Bowen, 0000 Karen A. Spurgeon, 0000 Eric R. Richter, 0000 John L. Brackin, 0000 Benjamin Stinson, 0000 Christopher Rivera, 0000 Thomas M. Bradley, 0000 Palacestine Tabson, 0000 Terry W. Roberts, 0000 George R. Brady, 0000 Irene E. Williford, 0000 Kevin K. Robitaille, 0000 Paul M. Brady, 0000 To be captain Matthew M. Ruest, 0000 James A. Brattain, 0000 John R. Rault, 0000 Eric D. Aguila, 0000 Harlan I. Rumjahn, 0000 Maureen A. Salafai, 0000 Allen E. Brewer, 0000 Deborah Albrecht, 0000 Robert K. Brinson, 0000 Elena Antedomenico, 0000 John D. Schaber, 0000 Paula I. Schasberger, 0000 Sans C. Broussard, 0000 Jennifer Bager, 0000 Harold E. Brown, 0000 Troy R. Baker, 0000 John K. Shin, 0000 James E. Simmons, 0000 Charles R. Brule, Sr. 0000 Jeffrey A. Banks, 0000 Robert O. Brunson, 0000 Netta F. Stewart, 0000 Thad J. Barkdull, 0000 John A. Bucy, 0000 Neil Stockmaster, 0000 Patrick A. Barrett, 0000 Harold G. Bunch, 0000 Juanita Stokes, 0000 Sanaz Bayati, 0000 Andrew C. Burton, 0000 Burton L. Stover, 0000 Jeremy T. Beauchamp, 0000 Philip C. Caccese, 0000 Chris A. Strode, 0000 Amit K. Bhavsar, 0000 Matthew P. Cacciatore, Jr., 0000 Drew A. Swank, 0000 Robert E. Blease, 0000 Ann Moore Campbell, 0000 Douglas M. Tilton, 0000 Andrew S. Bostaph, 0000 Roland L. Candee, 0000 Evelyn Townsend, 0000 Jonathan K. Branch, 0000 James J. Caporizo III, 0000 George Vonhilsheimer, 0000 Annamae Campbell, 0000 Ronald A. Cassaras, 0000 Daniel W. Carlson, 0000 Jean E. Wardrip, 0000 Charles R. Chadwick, 0000 Mark G. Carmichael, 0000 Christopher Warner, 0000 Charles A. Chambers, IV, 0000 Ambrose M. Carroll, 0000 Sylvia V. Waters, 0000 Elizabeth A Checchia, 0000 Michael E. Clark, 0000 Thomas M. Wertin, 0000 Peter Paul Herellia, 0000 Corinne M. Conroy, 0000 David A. Weston, 0000 James Young Chilton, 0000 John H. Craddock, 0000 Ronald L. White, 0000 Thomas R. Christensen, 0000 Lisa E. Crosby, 0000 Grace F. Wieting, 0000 Robert M. Christian, 0000 Frederick Davidson, 0000 Ronald V. Wilson, 0000 John G. Christiansen, Jr., 0000 Danny R. Denkins, 0000 Gary H. Wynn, 0000 Bobby Guy Christopher, 0000 David H. Dennison, 0000 Charles L. Young, 0000 Danny Dean Clark, 0000 Ronald D. Desalles, 0000 The following named officer for appoint- James E. Cobb, 0000 Thomas E. Ellwood, 0000 ment in the United States Army to the grade McKinley Collins, Jr., 0000 Jody L. Ennis, 0000 indicated under title 10, U.S.C., section 3069 Thomas Patrick Collins, 0000 Susan K. Escallier, 0000 and in accordance with Article II, Section 2 Dennis Conway, 0000 Stephanie Foster, 0000 of the Constitution of the United States: Lawrence D. Cooper, 0000 Travis C. Frazier, 0000 To be brigadier general, Nurse Corps April M. Corniea, 0000 Dennis J. Geyer, 0000 Col. William T. Bester, 0000 Calvin Edward Coufal, 0000 Michael A. Gladu, 0000 Terry Ray Council, 0000 The following named officers for appoint- Brian L. Gladwell, 0000 Ardwood R. Courtney, Jr., 0000 ment to the grade indicated in the Reserve of Blondell S. Glenn, 0000 Homer T. Cox III, 0000 the Army under title, 10 U.S.C., section 12203: James W. Graham, 0000 Mark E. Craig, 0000 Sheri K. Green, 0000 To be colonel John V. Crandall, 0000 William Grief, 0000 Thomas W. Acosta Jr., 0000 Stanley E. Crow, 0000 Britney Grimes, 0000 Steven Alan Adams, 0000 Rita K. Cucchiara, 0000 Michael Hamilton, 0000 Augustus D. Aikens Jr., 0000 Thomas W. Current, 0000 Kwasi L. Hawks, 0000 Jeffrey C. Akamatsu, 0000 Thomas E. Dacar, 0000 Brian A. Hemann, 0000 William E. Aldridge, 0000 Willie D. Davenport, 0000 Jeffrey Hirsch, 0000 Robert F. Altherr Jr., 0000 Jack L. Davis, 0000 Richard W. Hussey, 0000 Ronald D. Anderson, 0000 John T. Davis, 0000 Jerry K. Izu, 0000 Steven D. Anderson, 0000 Milton P. Davis, 0000 Edgar Jimenez, 0000 William V. Anderson, 0000 John E. Davoren, 0000 David E. Johnson, 0000 Michael D. Armour, 0000 Gary W. Dawson, 0000 Jeremy D. Johnson, 0000 Philip L. Arthur, 0000 Thomas Dawayne Dean, 0000 Samuel L. Jones, 0000 Deborah A. Ashenhurst, 0000 Philip M. Dehennis, 0000 Ryan J. Keneally, 0000 Robbie L. Asher, 0000 Joseph P. Dejohn, 0000 Julie S. Kerr, 0000 John M. Atkins, 0000 Paul Morton Dekanel, 0000 Julie M. Kissel, 0000 Milton G. Avery, 0000 Santiago Delvalle, 0000 Stuart R. Koser, 0000 Robert A. Avery, 0000 Joseph G. Depaul, 0000 Michael L. Kramer, 0000 William P. Babcock, 0000 Carolyn J. Derby, 0000 Michael Krasnokutsky, 0000 Steven A. Backer, 0000 Ronald Edgar Dewitt, 0000 Gregory T. Lang, 0000 James D. H. Bacon, 0000 Neil Dial, 0000 Jennifer L. Lay, 0000 Gregory P. Bailey 0000 Richard W. Dillon, 0000

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1983 David T. Dorrough, 0000 Charles H. Hunt, Jr., 0000 David B. Nelson, 0000 Raymond S. Doyle, 0000 Peter V. Ingalsbe, 0000 Stephen D. Nichols, 0000 Gilford C. Dudley, Jr., 0000 Harold D. Ireland, 0000 Joseph Frank Noferi, 0000 John Frederick Dugger, 0000 Charles Nathan Jay, 0000 Oliver L. Norrell III, 0000 James J. Dunphy, Jr., 0000 Larry D. Jayne, 0000 Mark D. Nyvold, 0000 Warren L. Dupuis, 0000 Roy Jack Jensen, 0000 Paul F. O’Connell, 0000 Paul W. Dvorak, 0000 Calvin S. Johnson, 0000 Hershell W. O’Donnell, 0000 William Thomas Egan, 0000 William G. Johnson, 0000 Walter Stephen O’Reilly, 0000 Michael E. Eichinger, 0000 William J. Johnson, Jr, 0000 Victor M. Ortizmercado, 0000 Gary F. Eischeid, 0000 William Carlyle Johnston, 0000 Karlynn P. O’Shaughnessy, 0000 Gary R. Engel, 0000 Daniel Lee Joling, 0000 Henry J. Ostermann, 0000 Ernest T. Erickson, 0000 Christopher Reed Jones, 0000 James Edward Otto, 0000 Richard M. Etheridge, 0000 David C. Jones, 0000 Clarence H. Overbay III, 0000 Arthur Dale Evans, 0000 David R. Jones, Jr., 0000 Benjamin F. Overbey, 0000 Peter Frank Falco, 0000 Charles Alfred Justice, 0000 Jan Guenther Papra, 0000 Clarence Faubus, 0000 Edward T. Kamarad, 0000 John Henry Paro, 0000 Charles B. Faulconer, Jr., 0000 Gregory Ray Keech, 0000 David M. Parquette, 0000 Dan W. Faust III, 0000 Michael Aaron Kelly, 0000 George J. Pecharka, Jr., 0000 Samuel L. Ferguson, 0000 Jeffrey J. Kennedy, 0000 Lter Stephen Pedigo, 0000 Robert Michael Field, 0000 Stanley R. Keolanui, Jr., 0000 George A. B. Peirce, 0000 William H. Finck, 0000 Richard Joseph Kiehart, 0000 Alan R. Peterson, 0000 Michael P. Finn, 0000 Craig Stephen King, 0000 Karl F. Peterson, 0000 Robert L. Finn, 0000 Randy Warren King, 0000 William H. Petty, 0000 Lynn E. Fite, 0000 Bruce Eric Kramme, 0000 Joseph Carl Phillips, 0000 Dennis R. Flanery, 0000 Doris Jean Kubik, 0000 Nickey Wayne Philpot, 0000 George M. Flattley, 0000 John J. Kuhle, 0000 D. Darrell Eugene Pickett, 0000 Dale P. Foster, 0000 Susan E. Kuwana, 0000 Robert Kent Pinkerton, 0000 Michael J. Foy III, 0000 Timothy M. Lambert, 0000 Robert L. Pitts, 0000 Lloyd J. Freckleton, 0000 Gary S. Landrith, 0000 Carl Joe Posey, 0000 Clarence C. Freels, 0000 Joseph A. Laneski, 0000 Rick Lynn Powell, 0000 William Roland Frost, 0000 Richard Frank Lange, 0000 James Frederick Preston, 0000 Cherie Annette Fuchs, 0000 Konrad B. Langlie, 0000 Louis P. Preziosi, 0000 Wesley J. Fudger, Jr., 0000 George D. Lanning, 0000 John M. Prickett, 0000 Joe R. Gaines, Jr., 0000 Lawrence M. Larsen, 0000 Robert M. Puckett, 0000 John Duane Gaines, 0000 Thomas Lebovic, 0000 Barney Pultz, 0000 Paul Vincent Gambino, 0000 Ralph L. Ledgewood, 0000 Walter L. Pyron, 0000 Daniel Michael Ganci, 0000 Myron C. Lepp, 0000 Terry Lee Quarles, 0000 Ernest L. Gandy, 0000 Glenn Jeffrey Lesniak, 0000 Paul J. Raffaeli, 0000 James P. Gardner, 0000 James R. Lile, 0000 Thomas H. Redfern, 0000 Dennis V. Garrison, Jr., 0000 Stephen David Lindner, 0000 Johnny H. Reeder, 0000 Paul C. Genereux, Jr., 0000 Thomas Richard Logeman, 0000 Eldon Philip Regua, 0000 Robert L. Giacumo, 0000 Ralph Daniel Long, 0000 Price Lewis Reinert, 0000 Jerry M. Gill, 0000 Rodney W. Loos, 0000 Robert Reinke, Jr., 0000 Paul D. Golden, 0000 Walter E. Lorcheim, 0000 Joseph Warren Reiter, 0000 David S. Gordon, 0000 Vernon Lee Lowrey, 0000 Barry L. Reynolds, 0000 John Leggett Graham, 0000 Gilbert Lozano Jr., 0000 John F. Reynolds, 0000 Frank Joseph Grass, 0000 Stephen L. Lynch, 0000 James Lance Richards, 0000 Melvin Jake Graves, 0000 Cheryl Marie Machina, 0000 Douglas G. Richardson, 0000 Billy R. Green, 0000 David Clarence Mackey, 0000 Philip A. Richardson, 0000 Linda Diane Green, 0000 Michael J. Madison, 0000 Mark C. Ricketts, 0000 Oscar Charles Greenleaf, 0000 Carlos A. Maldonado, 0000 Raynor J. Ricks Jr., 0000 David J. Griffith, 0000 Jeffery Eugene Marshall, 0000 Kenneth Wayne Rigby, 0000 John Lawrence Gronski, 0000 Eugene C. Martin, 0000 James Francis Riley, 0000 Lindsay H. Gudridge, 0000 Robert A. Martinez, 0000 Isabelo Rivera, 0000 Terry Glynn Hammett, 0000 Oliver J. Mason, Jr., 0000 David Lee Roberts, 0000 Ralph Bryan Hanes, 0000 Larry W. Massey, 0000 Paul Edwin Roberts, 0000 Philip Lawrence Hanrahan, 0000 Bobby E. Mayfield, 0000 David P. Robinson, 0000 Eric A. Hanson, 0000 John M. McAuley, 0000 Steven Ray Robinson, 0000 Russell S. Hargis, 0000 Kevin R. McBride, 0000 Frank Gerard Romano, 0000 Robert C. Hargreaves, 0000 Henry C. McCann, 0000 Debra C. Rondem, 0000 Joe Lee Harkey, 0000 Timothy G. McCarthy, 0000 Timothy L. Rootes, 0000 Daniel Joseph Harlan, 0000 Morris E. McCoskey, 0000 Lawrence Henry Ross, 0000 Thomas Wayne Harrington, 0000 John William McCoy, Jr., 0000 Thomas Warren Round, 0000 George Ray Harris, 0000 James P. McDermott, 0000 Joel Ross Rountree, 0000 George W. Harris, 0000 Daniel J. McHale, 0000 David H. Russell, 0000 Robert Alan Harris, 0000 Donald E. McLean, 0000 Michael H. Russell, 0000 Donnan R. Harrison III, 0000 Nolan R. Meadows, 0000 Larry D. Rutherford, 0000 Michael F. Hau, 0000 Robert E. Meier, 0000 Loretta R. Ryan, 0000 Spencer L. Hawley, 0000 Robert James Meier, 0000 Frank Albert Sampson, 0000 David Raymond Hays, 0000 Terrence John Merkel, 0000 Stephen M. Sarcione, 0000 James D. Head, 0000 James Richard Messinger, 0000 Steven D. Saunders, 0000 Mark S. Heffner, 0000 Donald Dean Meyer, 0000 Joseph M. Scaturo, 0000 Gerald M. Heinle, 0000 Neil E. Miles, 0000 Otto Byron Schacht, 0000 John W. S. Heltzel, 0000 Lonnie R. Miller, 0000 Helen P. Schenck, 0000 Richard Eugene Hens, 0000 Scott D. Miller, Jr., 0000 Robert W. Scherer, 0000 John Raymond Henstrand, 0000 James F. Minor, 0000 Paul A. Schneider, 0000 Patrick R. Heron, 0000 Peter Francis Mohan, 0000 Edward C. Schrader, 0000 Michael J. Hersey, 0000 William Monk III, 0000 Gordon W. Schukei, 0000 John B. Hershman, 0000 Raymond B. Montgomery, 0000 James D. Schultz Jr., 0000 Ruby Lee Hobbs, 0000 Randall W. Moon, 0000 Stephen Peter Schultz, 0000 Dudley B. Hodges III, 0000 David Fidel Morado, 0000 John Thomas Schwenner, 0000 Mary Josephine Hogan, 0000 Jane Phyllis Morey, 0000 Mark W. Scott, 0000 Richard Edward Holland, 0000 Jill E. Morgenthaler, 0000 Michael F. Scotto, 0000 Henry Vance Holt, 0000 Glenn David Mudd, 0000 Gale Hadley Sears, 0000 Herbert Lewis Holtz, 0000 Richard O. Murphy, 0000 Bernard Seidl, 0000 Thomas French Hopkins, 0000 Margaret E. Myers, 0000 Stephen Ridgely Seiter, 0000 Gary Wayne Hornback, 0000 Charles R. Nearhood, 0000 Charles R. Seitz, 0000 David Eugene Hriczak, 0000 Daniel J. Nelan, 0000 Ronald George Senez, 0000

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1984 CONGRESSIONAL RECORD — SENATE March 30, 2000 Kenneth J. Senkyr, 0000 Samuel R. Young, 0000 Mary E. Garr, 0000 MS Christopher T. Serpa, 0000 Vincent A. Zike Jr., 0000 Kathryn M. Gaylord, 0000 AN Walter S. Shanks, 0000 The following named Army National Guard David G. Gilbertson, 0000 MS Hugh Dunham Shine, 0000 of the United States Officers for appoint- Mark H. Glad, 0000 MS Kenneth R. Simmons Jr., 0000 ment to the grade indicated in the Reserve of Ricardo A. Glenn, 0000 MS James L. Simpson, 0000 the Army under title 10, U.S.C., sections Robert E. Gray, 0000 MS Robert G. Skiles Jr., 0000 12203 and 12211: *Steven W. Grimes, 0000 AN James A. Slagen, 0000 Christina M. Hackman, 0000 AN William A. Slotter, 0000 To be colonel *Karen A. Hagen, 0000 AN Carlon L. Smith, 0000 James G. Ainslie, 0000 Christine S. Halder, 0000 MS David B. Smith, 0000 Shawn W. Flora, 0000 Teresa I. Hall, 0000 AN David C. Smith, 0000 Douglas McCready, 0000 Rita K. Hannah, 0000 AN Edward H. Smith, 0000 Theresa M. Odekirk, 0000 Bryant E. Harp, Jr., 0000 MS John F. Smith, 0000 Thomas M. Penton Jr., 0000 *Sally C. Harvey, 0000 MS Kenneth Eugene Smith, 0000 The following named officer for appoint- Bruce E. Haselden, 0000 MS Roy C. Smith, 0000 ment to the grade indicated in the United Bernard F. Hebron, 0000 MS Sherwood J. Smith, 0000 States Army under title 10, U.S.C., sections Heidi A. Heckel, 0000 SP Steven W. Smith, 0000 531 and 624: David Hernandez, 0000 AN Karl P. Smulligan, 0000 Claude Hines, Jr., 0000 MS To be lieutenant colonel Arnold H. Soeder, 0000 Mark E. Hodges, 0000 AN David L. Spencer, 0000 Jane H. Edwards, 0000 Charlotte L. Hough, 0000 AN Terrance J. Spoon, 0000 The following named officers for appoint- Robert E. Housley, Jr., 0000 MS David William Starr, 0000 ment to the grade indicated in the United Randolph. G. Howard, Jr., 0000 MS Michael R. Staszak, 0000 States Army and for Regular appointment in Linda L. Hundley, 0000 AN Michael E. Stephany, 0000 the Nurse Corps (AN), Medical Service Corps Donna L. Hunt, 0000 AN James Melvin Stewart, 0000 (MS), Medical Specialist Corps (SP) and Vet- Thomas C. Jackson, II, 0000 MS Richard W. Stewart, 0000 erinary Corps (VC) (identified by an aster- Clifette Johnson, II, 0000 AN John M. Stoen, 0000 isk(*)) under title 10, U.S.C., sections 624, 531, Richard N. Johnson, 0000 MS Gregory Wayne Stokes, 0000 and 3064: Daria D. Jones, 0000 AN James C. Suttle Jr., 0000 To be lieutenant colonel David D. Jones, 0000 MS Richard E. Swan, 0000 Sandra D. Jordan, 0000 AN Thomas B. Sweeney, 0000 Jeffrey J. Adamovicz, 0000 MS Van A. Joy, 0000 MS Derek C. Swope, 0000 Roxanne Ahrman, 0000 AN Philip Kahue, 0000 MS Doris P. Tackett, 0000 Matthew J. Anderson, 0000 AN Jung S. Kim, 0000 AN Michael Graham Temme, 0000 Randall G. Anderson, 0000 MS Joshua P. Kimball, 0000 MS Lance Morell Tharel, 0000 Debra C. Aparicio, 0000 AN Michael S. Lagutchik, 0000 VC Randal Edward Thomas, 0000 Donald F. Archibald, 0000 MS Marsha A. Langlois, 0000 MS Carey Garland Thompson, 0000 David R. Ardner, 0000 MS *Terry J. Lantz, 0000 MS Frederick T. Thurston, 0000 Kimberly K. Armstrong, 0000 AN *James L. Larabee, 0000 AN Jack Thomas Tomarchio, 0000 Cheryl M. Bailly, 0000 AN William J. Layden, 0000 MS Stephen Craig Truesdell, 0000 Francis W. Bannister, 0000 MS John R. Lee, 0000 MS Verlyn E. Tucker, 0000 Linda M. Bauer, 0000 AN Cathy E. Leppiaho, 0000 MS Robert J. Udland, 0000 *Terry K. Besch, 0000 VC Patricia M. Leroux, 0000 AN Robert J. Vandermale, 0000 Steven G. Bolint, 0000 MS Gloria R. Long, 0000 AN Jacob A. Vangoor, 0000 Lori L. Bond, 0000 AN LEslie S. Lund, 0000 AN Larry D. Vanhorn, 0000 Crystal M. Briscoe, 0000 VC Lisa C. Macphee, 0000 MS Gary Wallace Varney, 0000 Hortense R. Britt, 0000 AN Leo H. Mahony, Jr., 0000 SP Robert Willard Vaughan, 0000 *Henrietta W. Brown, 0000 AN Lance S. Maley, 0000 MS Russell Owen Vernon, 0000 David P. Budinger, 0000 MS Thirsa Martinez, 0000 MS Bert F. Vieta, 0000 Kay D. Burkman, 0000 VC Bruce W. McVeigh, 0000 MS Pedro G. Villarreal, 0000 *Spencer J. Campbell, 0000 MS John R. Mercier, 0000 MS William G. Vincent, 0000 Brian T. Canfield, 0000 MS Talford V. Mindingall, 0000 MS Jeffery R. Vollmer, 0000 *Charles E. Cannon, 0000 MS Ulises Miranda, III, 0000 MS Keith Richard Votava, 0000 *Calvin B. Carpenter, 0000 VC Rafael C. Montagno, 0000 MS William D. R. Waff, 0000 *Margaret N. Carter, 0000 VC Octavio C. Montvazquez, 0000 MS Charles M. Wagner, 0000 Janice E. Carver, 0000 AN Connie J. Moore, 0000 AN Gary F. Wainwright, 0000 Thomas H. Chapman, Jr., 0000 AN Josef H. Moore, 0000 SP Layne J. Walker, 0000 Steven H. Chowen, 0000 MS Janet Moser, 0000 VC Martin H. Walker, 0000 *James A. Church, 0000 AN Shonna L. Mulkey, 0000 MS Sally Wallace, 0000 Edward T. Clayson, 0000 MS Michael C. Mullins, 0000 MS Kendall Scott Wallin, 0000 *Russell E. Coleman, 0000 MS Davette L. Murray, 0000 MS Joseph W. Ward III, 0000 John M. Collins, 0000 MS Susan M. Myers, 0000 AN Kenneth Robert Warner, 0000 John P. Collins, 0000 MS Jane E. Newman, 0000 AN Herbert R. Waters III, 0000 Joyce Craig, 0000 AN Douglas E. Newson, 0000 AN Michael K. Webb, 0000 *Joseph F. Creedon, Jr., 0000 SP *Vicki J. Nichols, 0000 AN Roy Landrum Weeks Jr., 0000 Peter C. Dancy, Jr., 0000 MS Kimberly A. Niko, 0000 AN Frederick H. Welch, 0000 Sheryl L. Darrow, 0000 AN Mary C. Oberhart, 0000 AN James M. Wells, 0000 Raymond A. Degenhardt, 0000 AN John F. Pare, 0000 AN Michael J. Wersosky, 0000 *Donald W. Degroff, 0000 MS Jessie J. Payton, Jr., 0000 MS Mary E. Lynch Westmoreland, 0000 Danny R. Deuter, 0000 MS Joseph A. Pecko, 0000 MS Grant L. White, 0000 Cheryl D. Dicarlo, 0000 VC Jerome Penner, III, 0000 MS Francis B. Williams, 0000 George A. Dilly, 0000 SP Suzanne R. Pieklik, 0000 AN Stanley O. Williams, 0000 Laurie L. Duran, 0000 AN Fonzie J. Quancefitch, 0000 VC Richard J. Willinger, 0000 Rhonda L. Earls, 0000 AN *Doris A. Reeves, 0000 AN Cecil Mason Willis, 0000 Wanda I. Echevarria, 0000 AN *Lue D. Reeves, 0000 AN Joel William Wilson, 0000 Samuel E. Eden, 0000 MS Michael L. Reiss, 0000 MS Tony N. Wingo, 0000 Richard T. Edwards, 0000 MS George C. Renison, 0000 VC Anthony E. Winstead, 0000 Brenda K. Ellison, 0000 SP Karolyn Rice, 0000 MS Larry V. Wise, 0000 *Richard J. Elliston, 0000 MS Maria D. Risaliti, 0000 AN Paul K. Wohl, 0000 Steven D. Euhus, 0000 MS Christopher V. Roan, 0000 MS Bruce M. Wood, 0000 *Ann M. Everett, 0000 AN George A. Roark, 0000 MS Glenn R. Worthington, 0000 Sheri L. Ferguson, 0000 AN Laura W. Rogers, 0000 AN Barry Gene Wright, 0000 Julie A. Finch, 0000 AN Miguel A. Rosado, 0000 AN Kathy J. Wright, 0000 Daniel J. Fisher, 0000 MS Denise M. Roskovensky, 0000 AN Neil Yamashiro, 0000 Elaine D. Fleming, 0000 AN Robbin V. Rowell, 0000 SP Earl M. Yerrick Jr., 0000 Lorraine A. Fritz, 0000 AN Yolanda Ruizisales, 0000 AN David Keith Young, 0000 Mary S. Gambrel, 0000 AN Michael P. Ryan, 0000 MS Richard S. W. Young, 0000 Alexander Gardner, III, 0000 MS Kristine A. Sapuntzoff, 0000 AN

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1985 Patrick D. Sargent, 0000 MS To be lieutenant commander States Navy under title 10, U.S.C., section Wayne R. Smetana, 0000 MS Dan C. Hunter, 0000 624: Susan G. Smith, 0000 AN Jerry K. Stokes, 0000 To be lieutenant commander Earle Smith, II, 0000 MS To be lieutenant Robert J. Werner, 0000 Wade L. Smith, Jr., 0000 MS The following named officer for appoint- Nancy E. Soltez, 0000 AN John L. Grinold, 0000 ment to the grade indicated in the United Kerry L. Souza, 0000 AN James P. Ingram, 0000 States Navy under title 10, U.S.C., section Emery Spaar, 0000 MS George S. Lesiak, 0000 624: Glenna M. Spears, 0000 AN Edward P. Neville, 0000 Debra A. Spencer, 0000 AN Landon C. Smith, 0000 To be captain Joyce D. Stanley, 0000 AN Michael R. Tasker, 0000 Carl M. June, 0000 Barry T. Steever, 0000 AN To be lieutenant (junior grade) The following named officer for appoint- Marc J. Stevens, 0000 MS Craig D. Arendt, 0000 ment to the grade indicated in the United John R. Stewart, 0000 MS Robert E. Asmann, 0000 States Marine Corps under title 10, U.S.C., Robinette J. Struttonamaker, 0000 SP William B. Bangert, 0000 section 624: Stephanie M. Sweeny, 0000 AN Christopher F. Beaubien, 0000 To be major John R. Taber, 0000 VC Kevin S. Brown, 0000 Joseph L. Baxter Jr., 0000 Regina L. Tellitocci, 0000 AN Jerry C. Crocker, 0000 Robert D. Tenhet, 0000 MS (The above nominations were reported Nicholas A. Czaruk, 0000 with the recommendation that they be con- John H. Trakowski, Jr., 0000 MS Gary L. Durden, 0000 firmed.) Joe M. Truelove, 0000 MS Patrick W. Finney, 0000 *Corina Van De Pol, 0000 MS Bret M. Grabbe, 0000 f Lorna M. Vanderzanden, 0000 VC Robert C. Hicks, 0000 EXECUTIVE AND OTHER Linda J. Vanweelden, 0000 AN Kathryn E. Hitchcock, 0000 COMMUNICATIONS Keith R. Vesely, 0000 VC Adam R. Hudson III, 0000 Jimmy C. Villiard, 0000 VC Robert H. Keller, 0000 The following communications were Robert W. Wallace, 0000 MS John R. Martin, 0000 laid before the Senate, together with Kevin M. Walsh, 0000 AN Richard T. McCarty, 0000 accompanying papers, reports, and doc- Jasper W. Watkins, III, 0000 MS Scott W. McGhee, 0000 uments, which were referred as indi- Virgil G. Wiemers, 0000 AN Thomas D. McKay, 0000 cated: Patricia A. Wilhelm, 0000 AN Stephen E. Mongold, 0000 EC–8274. A communication from the Direc- James A. Wilkes, 0000 MS Todd D. Moore, 0000 tor, Policy Directives and Instructions *Kathleen J. Wiltsie, 0000 AN Todd J. Nethercott, 0000 Branch, Immigration and Naturalization Kelly A. Wolgast, 0000 AN Matthew S. Pederson, 0000 Service, Department of Justice, transmit- John S. Wong, 0000 AN Derek J. Purdy, 0000 ting, pursuant to law, the report of a rule en- John F. Zeto, 0000 MS Edward J. Robledo, 0000 titled ‘‘Adjustment of Status for Certain Na- The following named officer for appoint- Adam Schneider, 0000 tionals of Nicaragua and Cuba’’ (RIN1115– ment to the grade indicated in the United Forrest S. Yount, 0000 AF04), received March 28, 2000; to the Com- States Navy under title 10, U.S.C., section The following named officer for appoint- mittee on the Judiciary. 624: ment to the grade indicated in the United EC–8275. A communication from the Direc- To be commander States Navy under title 10, U.S.C., section tor, Policy Directives and Instructions Stan M. Aufderheide, 0000 624: Branch, Immigration and Naturalization To be commander Service, Department of Justice, transmit- The following named officer for appoint- ting, pursuant to law, the report of a rule en- ment to the grade indicated in the United Robert F. Blythe, 0000 titled ‘‘Adjustment of Status for Certain Na- States Navy under title 10, U.S.C., section The following named officer for appoint- tionals of Haiti’’ (RIN1115–AF33), received 624: ment to the grade indicated in the United March 28, 2000; to the Committee on the Ju- To be commander States Navy under title 10, U.S.C., section diciary. Michael T. Bourque, 0000 624: EC–8276. A communication from the Direc- tor, Office of Regulations Management, De- The following named officers for appoint- To be lieutenant commander partment of Veterans Affairs, transmitting, ment to the grades indicated in the United George P. Haig, 0000 pursuant to law, the report of a rule entitled States Navy under title 10, U.S.C., section The following named officer for appoint- ‘‘Eligibility Reporting Requirements’’ 624: ment to the grade indicated in the United (RIN2900–AJ09), received March 28, 2000; to To be commander States Navy under title 10, U.S.C., section the Committee on Veterans’ Affairs. Marian L. Celli, 0000 624: EC–8277. A communication from the Gen- Elizabeth B. Gaskin, 0000 To be lieutenant commander eral Counsel, National Credit Union Admin- Jeanne Y. Ling, 0000 Melvin J. Hendricks, 0000 istration, transmitting, pursuant to law, the To be lieutenant commander report of a rule entitled ‘‘12 CFR Parts 724 The following named officer for appoint- and 725; Trustees and Custodians of Pension Miguel A. Franco, 0000 ment to the grade indicated in the United Plans; Share Insurance and Appendix’’, re- The following named officer for appoint- States Navy under title 10, U.S.C., section ceived March 28, 2000; to the Committee on ment to the grade indicated in the United 624: Banking, Housing, and Urban Affairs. States Navy under title 10, U.S.C., section To be lieutenant commander EC–8278. A communication from the Assist- 624: Jon E. Lazar, 0000 ant Secretary, Legislative Affairs, Depart- To be lieutenant commander The following named officer for appointment of State, transmitting, pursuant to law, the report of a rule entitled ‘‘Visas: William R. Mahoney, 0000 ment to the grade indicated in the United Documentation of Immigrants and Non- States Navy under title 10, U.S.C., section The following named officer for appoint- immigrants under the Immigration and Na- 624: ment to the grade indicated in the United tionality Act, as Amended’’, received March States Navy under title 10, U.S.C., section To be lieutenant commander 28, 2000; to the Committee on Foreign Rela- 624: Lawrence R. Lintz, 0000 tions. To be lieutenant commander The following named officer for appoint- EC–8279. A communication from the Execu- Stephen R. Silva, 0000 ment to the grade indicated in the United tive Director, Committee for Purchase from People who are Blind or Severely Disabled, The following named officer for appoint- States Navy under title 10, U.S.C., section 624: transmitting, pursuant to law, the report of ment to the grade indicated in the United a rule relative to additions to the Procure- States Naval Reserve under title 10, U.S.C., To be lieutenant commander ment List, received March 28, 2000; to the section 12203: David E. Lowe, 0000 Committee on Governmental Affairs. To be captain The following named officer for appoint- EC–8280. A communication from the Chair- Graeme Anthony Browne, 0000 ment to the grade indicated in the United man, Federal Maritime Commission, trans- The following named officers for regular States Navy under title 10, U.S.C., section mitting, pursuant to law, the Commission’s appointment to the grades indicated in the 624: report under the Government in the Sun- United States Navy under title 10, U.S.C., To be lieutenant commander shine Act for calendar year 1999; to the Com- section 531: mittee on Governmental Affairs. Michael S. Nicklin, 0000 EC–8281. A communication from the Chair- To be commander The following named officer for appoint- man, Federal Prison Industries, Inc., Depart- John P. LaBanc, 0000 ment to the grade indicated in the United ment of Justice, transmitting, pursuant to

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1986 CONGRESSIONAL RECORD — SENATE March 30, 2000 law, the 1999 annual report; to the Com- Aerospatiale Model ATR42–200, ATR42–300, By Mrs. FEINSTEIN (for herself, Mr. mittee on Governmental Affairs. and ATR42–320 Series Airplanes; Docket No. KYL, and Mr. GRASSLEY): EC–8282. A communication from the Acting 99–NM–94 (3–22/3–23)’’ (RIN2120–AA64) (2000– S. 2328. A bill to prevent identity fraud in Administrator, Rural Utilities Services, De- 0169), received March 23, 2000; to the Com- consumer credit transactions and credit re- partment of Agriculture, transmitting, pur- mittee on Commerce, Science, and Transpor- ports, and for other purposes; to the Com- suant to law, the report of a rule entitled ‘‘7 tation. mittee on Banking, Housing, and Urban Af- CFR Part 1710, Subpart E: Load Forecasts’’ EC–8291. A communication from the Pro- fairs. (RIN0572–AB05), received March 28, 2000; to gram Analyst, Federal Aviation Administra- By Mrs. LINCOLN (for herself and Mr. the Committee on Agriculture, Nutrition, tion, Department of Transportation, trans- HUTCHINSON): and Forestry. mitting, pursuant to law, the report of a rule S. 2329. A bill to improve the administra- entitled ‘‘Airworthiness Directives; British EC–8283. A communication from the Acting tion of the Animal and Plant Health Inspec- Aerospace Model BAe 146 and Avro 146–RJ Administrator, Rural Utilities Services, De- tion Service of the Department of Agri- Series; Docket No. 99–NM–347 (3–22/3–23)’’ partment of Agriculture, transmitting, pur- culture, and for other purposes; to the Com- (RIN2120–AA64) (2000–0168), received March suant to law, the report of a rule entitled ‘‘7 mittee on Agriculture, Nutrition, and For- 23, 2000; to the Committee on Commerce, CFR Part 1721: Post-Loan Policies and Pro- estry. cedures for Insured Electric Loans, Advance Science, and Transportation. By Mr. ROTH (for himself, Mr. MUR- of Funds’’, received March 28, 2000; to the EC–8292. A communication from the Pro- KOWSKI, Mr. ROBB, Mr. NICKLES, and Committee on Agriculture, Nutrition, and gram Analyst, Federal Aviation Administra- Mr. MACK): Forestry. tion, Department of Transportation, trans- EC–8284. A communication from the Assist- mitting, pursuant to law, the report of a rule S. 2330. A bill to amend the Internal Rev- ant Administrator for Fisheries, Office of entitled ‘‘Airworthiness Directives; Airbus enue Code of 1986 to repeal the excise tax on Sustainable Fisheries, National Marine Fish- Model A319, A320, A321, A330, and A340 Series telephone and other communication serv- eries Service, Department of Commerce, Airplanes; Docket No. 99–NM–349 (3–23/3–27)’’ ices; to the Committee on Finance. transmitting, pursuant to law, the report of (RIN2120–AA64) (2000–0178), received March By Mr. HOLLINGS: a rule entitled ‘‘Financial Assistance for 27, 2000; to the Committee on Commerce, S. 2331. A bill to direct the Secretary of the Chesapeake Bay Stock Assessments to En- Science, and Transportation. Interior to recalculate the franchise fee owed courage Research Projects for Improvement EC–8293. A communication from the Pro- by Forth Sumter Tours, Inc., a concessioner in the Stock Conditions of the Chesapeake gram Analyst, Federal Aviation Administra- providing services to Fort Sumter National Bay Fisheries’’ (RIN0648–ZA81), received tion, Department of Transportation, trans- Monument, South Carolina; to the Com- March 28, 2000; to the Committee on Com- mitting, pursuant to law, the report of a rule mittee on Energy and Natural Resources. merce, Science, and Transportation. entitled ‘‘Airworthiness Directives; By Mr. GRAMS: EC–8285. A communication from the Acting AlliedSignal ALF502 and LF507 Series Tur- S. 2332. A bill to amend the Agricultural Director, Office of Sustainable Fisheries, Na- bofan Engines; Docket No. 96–ANE–36 (3–23/3– Market Transition Act to permit a producer tional Marine Fisheries Service, Department 27)’’ (RIN2120–AA64) (2000–0175), received to lock in a loan deficiency payment rate for of Commerce, transmitting, pursuant to law, March 27, 2000; to the Committee on Com- a portion of a crop; to the Committee on Ag- the report of a rule entitled ‘‘Fisheries of the merce, Science, and Transportation. riculture, Nutrition, and Forestry. Exclusive Economic Zone Off Alaska; Pol- EC–8294. A communication from the Pro- By Mr. REED (for himself and Mr. lock in the Statistical Area 620 of the Gulf of gram Analyst, Federal Aviation Administra- BINGAMAN): Alaska’’, received March 28, 2000; to the Com- tion, Department of Transportation, trans- S. 2333. A bill to amend the Federal Food, mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule Drug, and Cosmetic Act to grant the food tation. entitled ‘‘Airworthiness Directives; and Drug Administration the authority to EC–8286. A communication from the Pro- Eurocopter Deutschland GMBH Model MBB– regulate the manufacture, sale, and distribu- gram Analyst, Federal Aviation Administra- BK 117 Helicopters; Docket No. 98–SW–77 (3– tion of tobacco and other products con- tion, Department of Transportation, trans- 24/3–27)’’ (RIN2120–AA64) (2000–0178), received taining nicotine, tar, additives, and other po- mitting, pursuant to law, the report of a rule March 27, 2000; to the Committee on Com- tentially harmful constituents, and for other entitled ‘‘Airworthiness Directives; The New merce, Science, and Transportation. purposes; to the Committee on Health, Edu- EC–8295. A communication from the Pro- Piper Aircraft, Inc. PA–31 Series Airplanes; cation, Labor, and Pensions. gram Analyst, Federal Aviation Administra- Docket No. 99–CE–49 (3–23/3–27)’’ (RIN2120– By Mr. L. CHAFEE (for himself and tion, Department of Transportation, trans- AA64) (2000–0178), received March 27, 2000; to Mr. JEFFORDS): mitting, pursuant to law, the report of a rule the Committee on Commerce, Science, and S. 2334. A bill to amend the Internal Rev- Transportation. entitled ‘‘Airworthiness Directives; General Electric Company CF34 Series Turbofan En- enue Code of 1986 to extend expensing of en- EC–8287. A communication from the Pro- vironmental remedication costs for an addi- gram Analyst, Federal Aviation Administra- gines; Correction; Docket No. 99–NE–49 (3–23/ 3–27)’’ (RIN2120–AA64) (2000–0177), received tional 6 years and to include sites in me- tion, Department of Transportation, trans- tropolis statistical areas; to the Committee mitting, pursuant to law, the report of a rule March 27, 2000; to the Committee on Com- merce, Science, and Transportation. on Finance. entitled ‘‘Airworthiness Directives; Cessna Mr. L. CHAFEE: Aircraft Company 150, 152, 172, 177, 180, 182, EC–8296. A communication from the Pro- gram Analyst, Federal Aviation Administra- S. 2335. A bill to authorize the Secretary of 185, 188, 206, 207, 210 and 337 Series Airplanes; the Army to carry out a program to provide Docket No. 97–CE–114 (3–22/3–23)’’ (RIN2120– tion, Department of Transportation, transmitting, pursuant to law, the report of a rule assistance in the remediation and restora- AA64) (2000–0167), received March 23, 2000; to tion of brownfields, and for other purposes; the Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives; Eurocopter France Model SA330f, SA330G, to the Committee on Environment and Pub- Transportation. lic Works. EC–8288. A communication from the Pro- SA330J, AS332C, AS332L, AS332L1, and By Mr. BINGAMAN (for himself, Mr. gram Analyst, Federal Aviation Administra- AS332L2; Request for Comments; Docket No. CRAIG, Mr. SCHUMER, and Mrs. MUR- tion, Department of Transportation, trans- 2000–SW–06 (3–24/3–27)’’ (RIN2120–AA64) (2000– RAY): mitting, pursuant to law, the report of a rule 0174), received March 27, 2000; to the Com- entitled ‘‘Airworthiness Directives; Fair- mittee on Commerce, Science, and Transpor- S. 2336. A bill to authorize funding for net- child Aircraft Corporation SA226 and SA227; tation. working and information technology re- Docket No. 99–CE–52 (3–20/3–23)’’ (RIN2120– f search and development at the Department AA64) (2000–0171), received March 23, 2000; to of Energy for fiscal years 2001 through 2005, the Committee on Commerce, Science, and PETITIONS AND MEMORIALS and for other purposes; to the Committee on Transportation. The following petitions and memo- Energy and Natural Resources. EC–8289. A communication from the Pro- rials were laid before the Senate and By Mr. SANTORUM (for himself and Mr. KYL): gram Analyst, Federal Aviation Administra- were referred or ordered to lie on the S. 2337. A bill to amend the Internal Rev- tion, Department of Transportation, trans- table as indicated: mitting, pursuant to law, the report of a rule enue Code of 1986 to allow individuals a re- entitled ‘‘Airworthiness Directives; Bom- POM–450. A resolution adopted by the fundable credit against income tax for the bardier Inc. Models DHC–6–1, DHC–6–100, Council of the Borough of South River, Mid- purchase of private health insurance, and to DHC–6–200, and DHC–6–300 Airplanes; Docket dlesex County, New Jersey relative to Medi- establish State health insurance safety-net No. 99–CE–44 (3–20/3–23)’’ (RIN2120–AA64) care; to the Committee on Finance. programs; to the Committee on Finance. (2000–0170), received March 23, 2000; to the f By Mr. SCHUMER (for himself, Mr. Committee on Commerce, Science, and INTRODUCTION OF BILLS AND KENNEDY, Mr. DURBIN, Mr. LAUTEN- Transportation. JOINT RESOLUTIONS BERG, Mr. REED, Mr. TORRICELLI, Mr. EC–8290. A communication from the Pro- LEVIN, Mr. ROBB, Mr. MOYNIHAN, Mrs. gram Analyst, Federal Aviation Administra- The following bills and joint resolu- BOXER, Mr. DODD, and Mr. DASCHLE): tion, Department of Transportation, trans- tions were introduced, read the first S. 2338. A bill to enhance the enforcement mitting, pursuant to law, the report of a rule and second times by unanimous con- of gun violence laws; to the Committee on entitled ‘‘Airworthiness Directives; sent, and referred as indicated: the Judiciary.

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1987 SUBMISSION OF CONCURRENT AND All indications are that there is an Vermont, and New Jersey—have stat- SENATE RESOLUTIONS alarming growth of this highly utes that entitle consumers to one free The following concurrent resolutions invasive crime. I believe the time has personal credit report annually. This and Senate resolutions were read, and come to do something about it. A na- act makes this a national requirement. referred (or acted upon), as indicated: tional credit bureau has reported that Every consumer across this Nation the total number of identity theft in- would have access to a free credit re- By Mrs. BOXER (for herself, Mr. AKAKA, Mr. BIDEN, Mr. BINGAMAN, quiries to its Theft Victim Assistance port. In addition, consumers could re- Ms. COLLINS, Mr. DASCHLE, Mr. DODD, Department grew from 35,000 theft in- view the personal information col- Mr. DORGAN, Mr. DURBIN, Mr. FEIN- quiries in 1992 to over one-half million lected about them by individual ref- GOLD, Mrs. FEINSTEIN, Mr. GRAHAM, in 1997. That is over a 1,400-percent in- erence services for a reasonable fee. Mr. HARKIN, Mr. INOUYE, Mr. KERRY, crease. It is national. It touches every With greater access to their own per- Mr. KENNEDY, Ms. LANDRIEU, Mr. State and it impacts every area of our sonal information, consumers can LAUTENBERG, Mr. LEAHY, Mr. LEVIN, citizenry. proactively check their records for evi- Mrs. LINCOLN, Ms. MIKULSKI, Mr. The United States Postal Inspection dence of identity theft and uncover MOYNIHAN, Mrs. MURRAY, Mr. ROBB, Service reports that 50,000 people a Mr. REED, Mr. SARBANES, Mr. SCHU- other errors. MER, Ms. SNOWE, Mr. SPECTER, Mr. year have become victims of identity We have worked with the staff of the TORRICELLI, Mr. WELLSTONE, and Mr. theft since it first began collecting in- Federal Trade Commission in pre- WYDEN): formation on identity theft in the mid- paring this legislation. I believe the 3. Res. 279. A resolution expressing the 1990s. In total, the Treasury Depart- staff of the FTC is supportive of this sense of the Senate that the United States ment estimates that identity theft an- bill. This bill is also supported by the Senate Committee on Foreign Relations nually causes between $2 and $3 billion Consumer Federation of America. should hold hearings and the Senate should in losses from credit cards alone. We try to empower victims in this act on the Convention on the Elimination of The legislation I introduce today, All Forms of Discrimination Against Women bill. This legislation calls for measures (CEDAW); to the Committee on Foreign Re- along with Senators KYL and GRASS- to help identity theft victims recover lations. LEY, tackles this issue. It makes it from the crime. In cases of identity By Mr. WELLSTONE: harder for criminals to access another theft, all too often victims get treated S. Res. 280. A resolution expressing the person’s private information, it gives as if they were the criminals. Victims sense of the Senate with respect to United consumers more tools to uncover receive hostile notices from creditors States relations with the Russian Federation fraudulent activity conducted in their who mistakenly believe they have not in view of the situation in Chechnya; to the name, and it expands the authority of Committee on Foreign Relations. paid their bills. Victims’ access to the Social Security Administration to credit is jeopardized, and they can f prosecute identity theft. spend years trying to restore their STATEMENTS ON INTRODUCED The Identity Theft Prevention Act good name. BILLS AND JOINT RESOLUTIONS makes it harder for criminals to steal This legislation calls upon the credit personal information. First, it closes a By Mrs. FEINSTEIN (for herself, industry to assist victims in notifying loophole in the Fair Credit Reporting Mr. KYL, and Mr. GRASSLEY): credit issuers of fraudulent charges by Act that permits personal identifying S. 2328. A bill to prevent identity developing a single model credit re- information such as Social Security fraud in consumer credit transactions porting form. However, should the numbers, one’s mother’s maiden name, and credit reports, and for other pur- credit industry fail to implement these and birth date to be distributed with- poses; to the Committee on Banking, measures, the Federal Trade Commis- out restriction to marketers. This sen- Housing and Urban Affairs. sion would then be authorized to take sitive information would be treated IDENTITY THEFT PREVENTION ACT OF 2000 action. under this bill like any other part of Maureen Mitchell, an identity theft Mrs. FEINSTEIN. Mr. President, I the credit report, with its disclosure rise to send to the desk a bill cospon- victim, recently described why this as- restricted to businesses needing the sistance is needed at a hearing before sored by Senator KYL of Arizona and data for extensions of credit, employ- the Judiciary Committee Sub- Senator GRASSLEY of Iowa for reference ment applications, insurance applica- to committee. committee on Terrorism, Technology, tions, or other permissible purposes. and Government Information, a sub- The bill is entitled the ‘‘Identity This bill codifies, also, the practice Theft Prevention Act of 2000.’’ committee on which I am ranking of placing fraud alerts on a consumer’s member. She said: The crime of identity theft has be- credit file and gives the Federal Trade come one of the major law enforcement Commission the authority to impose I have logged over 400 hours of time trying to clear my name and restore my good cred- challenges of the new economy because fines against credit issuers that ignore vast quantities of sensitive personal in- it. Words are unable to adequately express the alert. Too many credit issuers are the gamut of emotions that I feel as a vic- formation are now vulnerable to crimi- presently ignoring fraud alerts to the tim. nal interception and misuse. detriment of identity theft victims. Another victim wrote to me: What is identity theft? Identity theft Additionally, the bill requires credit occurs when one person uses another bureaus to investigate discrepancies I have spent an ungodly number of hours person’s Social Security number, birth trying to correct the damage that has been between their records and the address, done by the individual who stole my iden- date, driver’s license number, or other birth date, and other personal informa- tity. Professionally, as a teacher and a tutor, identifying information to obtain cred- tion submitted as a part of an individ- my hours are worth $35. I have been robbed it cards, car loans, phone plans, or ual’s application for credit, so that of $5,250 in time. I have been humiliated in other services in the potential victim’s telltale signs of fraudulent applica- my local stores because checks have been re- name. Of course, the victim does not tions such as incorrect addresses are jected at the checkout. I am emotionally know the theft has happened until he immediately flagged. drained. I am a victim and Congress needs to or she receives bills for items he or she The bill improves how credit card recognize me as such. didn’t buy; plans for which he or she companies monitor requests for new We try in this bill to do that. didn’t contract, and so on. credit cards or changes of address. For This legislation targets the theft and Identity thieves get personal infor- example, it requires that credit card misuse of another person’s Social Secu- mation in a myriad of ways. They steal holders always be notified at their rity number, a major cause of identity wallets and purses containing identi- original address when a duplicate card theft. While the Social Security Ad- fication cards. They use personal infor- is sent to a new address. ministration has the ability to impose mation found on the Internet. They This legislation also gives consumers civil penalties for misusing a Social steal mail, including preapproved cred- more access to the personal informa- Security number to falsely obtain gov- it offers and credit statements. They tion collected about them, which is a ernment benefits, it has no authority fraudulently obtain credit reports or critical tool in combating identity over other offenses involving the mis- they get someone else’s personnel theft. Currently, six States—Colorado, use of Social Security numbers. This records at work. Georgia, Massachusetts, Maryland, bill gives them that authority. The

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1988 CONGRESSIONAL RECORD — SENATE March 30, 2000 Identity Theft Prevention Act author- ranks second nationally in acreage and The federal government has had the izes the Social Security Administra- production of catfish. The baitfish in- American consumer on ‘‘hold’’ for too tion to impose civil monetary penalties dustry is not far behind, selling more long when it comes to this tax. The against any individual who: than 15 million pounds of fish annually, telephone excise tax has been around (1) knowingly uses another’s Social with a cash value in excess of $43 mil- for over 102 years. In fact, it was first Security number on the basis of false lion. I have been a great supporter of imposed in 1898—just 22 years after the information provided by them or an- this industry since my days in the telephone itself was invented. So other person; House of Representatives and I am con- quickly was it imposed that it almost (2) falsely represents a number to be cerned about the impact the double seems that Uncle Sam was there to col- a Social Security number when it is breasted cormorant is having on this lect it before Alexander Graham Bell not; industry. In the words of one of my could put down the receiver from the That means, makes up a number, constituents, ‘‘The double-crested cor- first call. In fact, the tax is so old that which people do. morant has become a natural dis- Bell himself would have paid it! (3) alters a Social Security card; or aster!’’ I am pleased that the Fish and This tax on talking—as it is known— (4) compels the disclosure of a Social Wildlife Service has agreed to develop currently stands at 3%. Today, about Security card in violation of the law. a national management plan for the 94% of all American families have tele- I think these provisions enable the double breasted cormorant. I am hope- phone service. That means that vir- Social Security Administration to ful that an effective management pro- tually every family in the United throw its full weight into the inves- gram will be the result of these efforts. States must tack an additional 3% on tigation and civil prosecution of iden- One of my first priorities since com- to their monthly phone bill. The fed- tity theft involving Social Security ing to Congress in 1992 has been to eral tax applies to local phone service; numbers. work to make government more effi- it applies to long distance service; and In conclusion, I hope my colleagues cient and effective. To specifically ad- it even applies in some cases to the find this bill worthy and pass it. This dress what I see as an inequity among extra amounts paid for state and local bill implements a number of practical, government agencies regarding this taxes. It is estimated that this tax concrete measures to close down the issue, I am introducing a bill today costs the American public more than $5 flow of private information to individ- that gives Wildlife Service employees billion per year. uals with criminal intent. In this new as much authority to manage and take The telephone excise tax is a classic technology-driven economy, consumers migratory birds as any U.S. Fish and story of a tax that has been severed don’t need to be left vulnerable. They Wildlife Service employee. After all, from its original justifications, but shouldn’t be left without recourse to Wildlife Services biologists are profes- lives on solely to collect money. predators who are out to steal their sional wildlife managers providing the In truth, the federal phone tax has good name. front line of defense against such prob- had more legislative lives than a cat. I think we have a very practical solu- lems. With this legislation I would like When the tax was originally imposed, tion. It is well thought out. It is well to recognize the excellent job that Teddy Roosevelt was leading the drafted. It has been worked out with Wildlife Services has done and is doing Rough Riders up San Juan Hill. At that the staff of the FTC. My hope is, when for bird management. time, it was billed as a luxury tax, as it goes to the Banking Committee, that Currently, USDA-Wildlife Services is only a small portion of the American committee would take a good look at it required to apply for and receive a per- public even had telephones. The tax and pass it. This is an increasing prob- mit from the U.S. Fish and Wildlife was repealed in the early 20th century lem. There is no reason to believe it Service before they can proceed with but then was reinstated at the begin- will stop. Without Congress providing any bird collection or management ac- ning of World War I. It was repealed basic protections to individuals who tivities. This process is redundant and and reinstated a few more times until are the victims, it will continue to unnecessary. Oftentimes, Wildlife Serv- 1941, when it was made permanent to grow. ices finds that by the time a permit ar- raise money for World War II. In the rives, the birds for which the permit mid-60s, Congress scheduled the elimi- By Mrs. LINCOLN (for herself was applied for are already gone. I hope nation of the phone tax, which had and Mr. HUTCHINSON): that this legislation will lead to a more reached levels of 10 and 25 percent. But S. 2329. A bill to improve the admin- streamlined effort for management once again, the demands of war inter- purposes and I urge both agencies, istration of the Animal and Plant vened, as the elimination of the tax USDA and the Fish and Wildlife Serv- Health Inspection Service of the De- was delayed to help pay for Vietnam. ice, to work together to accomplish partment of Agriculture, and for other In 1973, the phone tax began to phase- purposes; to the Committee on Agri- this goal. I would like to thank my colleague out, but one year before it was about to culture, Nutrition, and Forestry. be eliminated, it rose up yet again— from Arkansas, Senator TIM HUTCH- LEGISLATION TO IMPROVE THE ANIMAL AND this time justified by the rationale of INSON, for joining me in this effort and PLANT HEALTH INSPECTION SERVICE look forward to working with my col- deficit reduction—and has remained Mrs. LINCOLN. Mr. President, the leagues to ensure that government is with us ever since. Wildlife Services Division of the United This tax is a pure money grab by the operating efficiently. States Department of Agriculture federal government—it does not pass needs assistance in expediting proper By Mr. ROTH (for himself, Mr. any of the traditional criteria used for bird management activities. I am here MURKOWSKI, Mr. ROBB, Mr. evaluating tax policy. First, this phone today to introduce legislation that ac- NICKLES, and Mr. MACK): tax is outmoded. Once upon a time, it complishes this goal. S. 2330. A bill to amend the Internal could have been argued that telephone Proper migratory bird management Revenue Code of 1986 to repeal the ex- service was a luxury item and that is important to the state of Arkansas cise tax on telephone and other com- only the rich would be affected. As we for a number of reasons. We are deemed munication service; to the Committee all know, there is nothing further from ‘‘The Natural State’’ due to the numer- on Finance. the truth today. ous outdoor recreational opportunities LEGISLATION TO REPEAL THE TELEPHONE Second, the federal phone tax is un- that exist in the state. Fishing, hunt- EXCISE TAX fair. Because this tax is a flat 3%, it ing, and bird watching opportunities ∑ Mr. ROTH. Mr. President, I rise applies disproportionately to low and abound throughout Arkansas. Main- today—along with Senator BREAUX and middle income people. For example, taining proper populations of wildlife, others—to introduce a bill to repeal studies show that an American family especially migratory birds, is essential the telephone excise tax. It is a tax making less than $50,000 per year for sustaining a balanced environment. that is outdated, unfair, and complex spends at least 2% of its income on In Arkansas, aquaculture production for both consumers to understand and telephone service. A family earning has taken great strides in recent years. for the collectors to administer. It can- less than $10,000 per year spends over The catfish industry in the state has not be justified on any tax policy 9% of its income on telephone service. grown rapidly and Arkansas currently grounds. Imposing a tax on those families for a

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1989 service that is a necessity in a modern here to policies that are a relic from a guished colleague, Senator ROTH, a bill society is simply not fair. different time. In 1987, even before the that will repeal the federal excise on Third, the federal phone tax is com- deregulation of the telecommuni- telephone service. This tax is outdated, plex. Once upon a time, phone service cations market, the Treasury Depart- highly regressive and has lasted en- was simple—there was one company ment concluded that there were ‘‘no tirely too long. who provided it. It was an easy tax to strong arguments in favor of the com- The ‘‘tax on talking’’ was originally administer. Now, however, phone serv- munications excise tax.’’ levied as a luxury tax to fund the Span- ice is intertwined with data services In today’s economy, the arguments ish-American War. At the time, only a and Internet access, and it brings for repeal are even stronger. Earlier small number of wealthy individuals about a whole new set of complexities. this year, the National Governors As- had access to telephone service. Tele- For instance, a common way to provide sociation issued a report concluding phones are no longer luxuries that only high speed Internet access is through a that ‘‘policymakers need to create a the very wealthy can afford. They are digital subscriber line. This DSL line telecommunications tax structure that basic fixtures in every American house- allows a user to have simultaneous ac- more accurately reflects the new eco- hold. And with the creation of the cess to the Internet and to telephone nomic realities of the market and to Internet, telephone service has become communications. How should it be ensure that current state tax policy the lifeline of the new economy. This taxed? Should the tax be apportioned? does not inhibit growth in the tele- expansion of telephone service and its Should the whole line be tax free? And communications industry.’’ Moreover, many uses has revealed the regressive what will we do when cable, wireless, the Advisory Commission on Elec- nature of the ‘‘tax on talking.’’ Today, and satellite companies provide voice tronic Commerce, which Congress es- it is low-income families who are hit and data communications over the tablished to study the issue of Internet the hardest by this excise tax, since same system? The burdensome com- taxation, appears to have reached near they pay a higher percentage of their plexity of today will only become more unanimous agreement that the phone income on telephone service than high- difficult tomorrow. excise tax should be repealed. er income families. As these questions are answered, we Mr. President, it is time to end the Mr. President, with the almost uni- run the risk of distorting the market federal phone tax. For too long while versal subscription to telephone serv- by favoring certain technologies. There America has been listening to a dial ice, the repeal of this telephone tax are already numerous exceptions and tone, Washington has been hearing a would provide tax relief to virtually carve-outs to the phone tax. For in- dollar tone. This tax is outmoded. It every family in the United States. I stance, private communications serv- has been here since Alexander Graham urge my colleagues to cosponsor this ices are exempt from the tax. That al- Bell himself was alive. It is unfair. We important piece of legislation. It is lows large, sophisticated companies to are today taxing a poor family with a time we ended over 100 years of Ameri- establish communications networks tax that was originally meant for lux- cans paying this regressive and unnec- and avoid paying any federal phone ury items. And it is complex. Only a essary tax on telephone service.∑ tax. It goes without saying that Amer- communications engineer can today ican families do not have that same op- understand the myriad of taxes levied By Mr. HOLLINGS: tion. on a common phone bill and only the S. 2331. A bill to direct the Secretary With new technology, we also may federal government has the where- of the Interior to recalculate the fran- exacerbate the inequities of the tax withal to keep track of who and what chise fee owned by Fort Sumter Tours, and contribute to the digital divide. will be taxed. Mr. President, it is time Inc., a concessioner providing services For example, consider two families we hung up the phone tax once and for to Fort Sumter National Monument, that decide it’s time to connect their all. I urge my colleagues to join me in South Carolina; to the Committee on ∑ homes to the Internet. The first family supporting its repeal. Energy and Natural Resources. installs another phone line for regular ∑ Mr. ROBB. Mr. President, I rise Internet access. The second family de- today to introduce legislation with sev- FORT SUMTER NATIONAL MONUMENT CONCESSIONS cides to buy a more expensive, dedi- eral of my colleagues on the Finance ∑ cated high speed line for Internet ac- Committee to repeal the telephone ex- Mr. HOLLINGS. Mr. President, I rise cess. The first family definitely gets cise tax that originated during the today to introduce legislation in an at- hit with the phone tax, while the sec- Spanish American War. Fiscal dis- tempt to settle a long-standing dispute ond family may end up paying no tax cipline in the past seven years has put between the National Park Service at all on their connection. I can’t see us in a position that we could not have (NPS) and Fort Sumter Tours, Inc. any policy rationale for that result. imagined even a few short years ago. (FST) regarding the calculation of Speaking of complexity, let me ask if We now have opportunities to strength- FST’s Concessioner Franchise Fees. anyone has taken a look at their most en Social Security and Medicare, pay Fort Sumter National Monument was recent phone bill. It is a labyrinth of down our burgeoning national debt and established by Congress in 1948 and is taxes and fees piled one on top of an- make investments that keep our econ- located in the harbor of Charleston, other. We may not be able to figure out omy rolling. Along the way, we will South Carolina. Congress directed that what all the fees are for; but we do have opportunities to correct inequi- the National Park Service (NPS) know that they add a big chunk to our ties in the Tax Code. Currently, all ‘‘Shall maintain and preserve it [the phone bill. According to a recent study, users of telephone services pay a 3% ex- fort] for the benefit and enjoyment of the mean tax rate across the country cise tax on their use. Repealing this the people of the United States.’’ (16 on telecommunications is slightly over tax will make phone service and inter- USC 450ee et. seq.) 18%. That is about a 6% rise in the last net access more affordable for hard- Since 1962, the private concessioner, 10 years. In my little state of Delaware, working families. In order to decrease Fort Sumter Tours, Inc. (FST), has the average tax rate on telecommuni- the expanding digital divide, we must provided visitors with service to this cations now stands at 12%. I can’t con- eliminate policies that discourage fam- national monument. In 1985, FST was trol the state and local taxes that have ilies from connecting to the internet. asked by NPS to acquire a new been imposed, but I can do my part While I continue to believe that the landside docking facility and invest in with respect to the federal taxes. I seek best use of our growing surplus is to a new boat that would cost FST over $1 to remove this burden from the citizens pay down the debt and strengthen So- million. In exchange for these invest- of my state—and all Americans across cial Security and Medicare, I am ments, an agreement was reached be- the country. pleased that we are entering a period tween FST and the NPS to provide a The technological changes in Amer- where we can consider legislation that fifteen-year contract, with a franchise ica have increased productivity and will sustain our high technology fee set by the NPS at 4.25 percent of revolutionized our economy. As mem- growth at the same time that we are gross receipts. bers of Congress, we need to make sure shrinking the digital divide.∑ By statutory law all park conces- that our tax policies do not stifle that ∑ Mr. BREAUX. Mr. President, I am sionaires are required to pay a fran- economic expansion. We should not ad- pleased to cosponsor with my distin- chise fee based upon a percentage of

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1990 CONGRESSIONAL RECORD — SENATE March 30, 2000 their gross receipts. In 1992 the NPS (iii) the 3 arbitrators shall conduct the ar- Mr. President, by taking the ap- unilaterally attempted to increase bitration. proach I am about to outline, I have FST’s franchise fee from 4.25 percent to (3) COMMENCEMENT AND COMPLETION.—An ensured that regions of the country 12 percent and a dispute has existed arbitration proceeding under paragraph (1)— that are currently able to utilize an ever since. This increase was based (A) shall commence not later than 30 days after the date on which an arbitrator or arbi- earlier LDP are not placed at a dis- upon a Franchise Fee Analysis (FFA) tration panel is selected under paragraph (2); advantage. The components of this leg- prepared by the NPS, which FST and islation are simple, yet provide a com- claims to be inconsistent with Park (B) shall be completed with a decision ren- mon-sense approach to a problem faced Service guidelines existing at that dered not later than 240 days after that date. by producers in states such as Min- time. I believe if errors have been made (4) APPLICABLE LAW.— nesota. they need to be corrected. (A) RELEVANT TIME PERIOD.—The law appli- My ‘‘Loan Deficiency Payment Flexi- While the Courts have ruled that the cable to the recalculation of the franchise bility Act’’ would correct this inequity NPS has the authority to raise the fee under this subsection shall be the law applicable to franchise fee determinations in by directing the Secretary of Agri- franchise fee, that is not the actual dis- culture to announce that harvest has pute. The actual dispute is whether the effect at the beginning of the period for which the franchise fee is payable. begun on a particular commodity (i.e. NPS calculated the increase in these (B) PREVIOUS DECISIONS.—No previous judi- corn or soybeans) and that producers fees appropriately. This legislation cial decision regarding the franchise fee dis- throughout the United States may now provides for arbitration between FST pute that is the subject of arbitration under utilize the Loan Deficiency Payment. and the NPS to settle a dispute that this subsection may be introduced in evi- Essentially my bill does two things: has lasted for almost eight years. By dence or considered by the arbitrator or arbi- It establishes an earlier, more flexi- the NPS’s own account, FST has been a tration panel for any purpose. ble starting date when all producers (5) FEES AND COSTS.—If the franchisee is valuable service benefiting thousands would have the option of ‘‘locking in’’ and thousands of visitors to Fort Sum- the prevailing party in binding arbitration, that day’s LDP. They would be able to ter National Monument. It is time for the arbitrator or arbitration panel shall do so once throughout the duration of the NPS and FST to settle their dif- award the franchisee reasonable attorney’s fees and costs for all proceedings involving the harvest season. ferences and move forward. the disputed franchise fee consistent with— Allows a producer to lock-in an LDP Mr. President, I ask unanimous con- (A) section 504 of title 5, United States sent that the text of the bill be printed for up to 85% of his or her actual yield. Code; and Because the LDP is ‘‘locked in’’ on in the RECORD. (B) section 2412 of title 28, United States paper, no payments are actually made There being no objection, the bill was Code. ordered to be printed in the RECORD, as (d) BIDS AND PROPOSALS.—Until such date until the crop is harvested and we follows: as any arbitration under this Act is com- avoid the problems posed by the old de- Be it enacted by the Senate and House of Rep- pleted and is no longer subject to appeal, the ficiency payment system due to unan- resentatives of the United States of America in Secretary— ticipated high or low yields. Congress assembled, (1) shall not solicit or accept a bid or pro- Although there is no guarantee that SECTION 1. RECALCULATION OF FRANCHISE posal for any contract for passenger service the LDP will be better in the early FEE. to Fort Sumter National Monument; and summer versus the fall, my legislation (a) DEFINITIONS.—In this section: (2) shall offer to the franchisee annual ex- (1) FRANCHISEE.—The term ‘‘franchisee’’ tensions of the concessions contract in effect will afford farmers the opportunity to means Fort Sumter Tours, Inc., a conces- on the date of enactment of this Act.∑ evaluate the markets and base their sioner providing service to Fort Sumter Na- decision on what best fits their man- tional Monument, South Carolina. By Mr. GRAMS: agement plan. (2) SECRETARY.—The term ‘‘Secretary’’ S. 2332. A bill to amend the Agricul- I urge my colleagues to cosponsor means the Secretary of the Interior. tural Market Transition Act to permit and support this legislation.∑ (b) RECALCULATION OF FRANCHISE FEE.— a producer to lock in a loan deficiency Not later than 30 days after the date of en- By Mr. REED (for himself and actment of this Act, the Secretary shall— payment rate for a portion of a crop; to (1) recalculate the amount (if any) of the the Committee on Agriculture, Nutri- Mr. BINGAMAN): franchise fee owed by the franchisee; and tion, and Forestry. S. 2333. A bill to amend the Federal (2) notify the franchisee of the recalculated THE LOAN DEFICIENCY PAYMENT FLEXIBILITY Food, Drug, and Cosmetic Act to grant amount. ACT the Food and Drug Administration the (c) ARBITRATION.— ∑ Mr. GRAMS. Mr. President, I rise authority to regulate the manufacture, (1) IN GENERAL.—If the amount of the fran- today to introduce the Loan Deficiency sale, and distribution of tobacco and chise fee as recalculated under subsection (a) other products containing nicotine, is not acceptable to the franchisee— Payment Flexibility Act. The idea for (A) the franchisee, not later than 5 days this legislation came from Peter tar, additives, and other potentially after receipt of notification under subsection Kalenberg, a producer from Stewart, harmful constituents and for other pur- (b)(2), shall so notify the Secretary; and MN, and is an example of how a good poses; to the Committee on Health, (B) the amount of the franchise fee owed idea can be transformed into sound Education, Labor, and Pensions. shall be determined through binding arbitra- public policy. It is supported by such TOBACCO REGULATORY FAIRNESS ACT OF 2000 tion that provides for a trial-type hearing organizations as the Minnesota Corn ∑ Mr. REED. Mr. President, I rise that— (i) includes the opportunity to call and Growers, the Minnesota Farm Bureau today to introduce legislation with my cross-examine witnesses; and Federation, and the Minnesota Wheat distinguished colleague, Senator (ii) is subject to supervision by the United Growers Association. These and many BINGAMAN, that we hope will mark the States District Court for the District of Co- other groups have recognized the need beginning of a dialogue on an issue lumbia in accordance with the title 9, United for this legislation. that has tremendous implications for States Code. As you know, Loan Deficiency Pay- our nation’s public health, and more (2) SELECTION OF ARBITRATOR OR ARBITRA- ments, otherwise known as LDPs, were specifically, the health and well-being TION PANEL.— a key component of the 1996 Farm bill of our children. Today, we are intro- (A) AGREEMENT ON ARBITRATOR.—For a pe- and have helped cushion the blow of riod of not more than 30 days after the ducing the ‘‘Tobacco Regulatory Fair- franchisee gives notification under para- low commodity prices and restricted ness Act of 2000’’. graph (1)(A), the Secretary and the demand. However, producers in Min- The goal of this legislation is quite franchisee shall attempt to agree on the se- nesota and other northern states have simple—to grant the Food and Drug lection of an arbitrator to conduct the arbi- questioned the fairness of how the LDP Administration (FDA) the authority it tration. is administered. States farther south needs to regulate the manufacture, la- (B) PANEL.—If at any time the Secretary or are able to begin harvest before farm- beling, advertising, distribution and the franchisee declares that the parties are ers in states such as Minnesota and are sale of tobacco products. unable to agree on an arbitrator— therefore able to ‘‘lock in’’ a more fa- A week ago, the Supreme Court ruled (i) the Secretary and the franchisee shall each select an arbitrator; vorable LDP. This has the potential of 5 to 4 that the FDA does not have the (ii) not later than 10 days after 2 arbitra- impacting market signals and driving authority to regulate tobacco products, tors are selected under clause (i), the 2 arbi- down the futures price before harvest thus nullifying regulations promul- trators shall select a third arbitrator; and has begun in northern states. gated by the agency in August 1996.

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1991 While a slim majority of the court among high-schoolers. Currently, over (6) There is no minimum age requirement found that the agency lacked the juris- one-third of New England high school in Federal law that an individual must reach diction necessary to act on this class of students under age 18 use tobacco prod- to legally buy cigarettes and other tobacco products, the Justices in the majority ucts. In Rhode Island, over one third of products. high school students smoke. (7) The Food and Drug Administration is and minority both opinions acknowl- the most qualified Federal agency to regu- edged the clear threat unregulated to- Indeed, tobacco use continues to per- late tobacco products. bacco products poses to public health. meate the ranks of the young. For dec- (8) It is inconsistent for the Food and Drug In the majority opinion, Justice San- ades, the tobacco industry has inge- Administration to regulate the manufacture, dra Day O’Connor stated that tobacco niously promoted its products. It has sale, and distribution of other nicotine-con- was ‘‘perhaps the single most signifi- done so with total disregard for the taining products used as substitutes for ciga- cant threat to public health in the health of its customers. It has relied rette smoking and tobacco use and not be United States.’’ Similarly, Justice Ste- upon cool, youthful images to sell its able to regulate tobacco products in a com- parable manner. phen G. Breyer, a former professor of products. The tobacco industry has SEC. 3. DEFINITIONS. mine at Harvard University School of taken an addiction that prematurely kills and dressed it up as a glamorous Section 201 of the Federal Food, Drug, and Law, pointed out in the dissenting Cosmetic Act (21 U.S.C. 321) is amended by opinion that FDA’s ability to regulate symbol of success and sex appeal. By providing the FDA with the ap- adding at the end the following: tobacco products clearly fit into its ‘‘(kk) The term ‘tobacco product’ means propriate and unambiguous authority, basic authority, ‘‘the overall protec- cigarettes, cigars, little cigars, pipe tobacco, we can be assured that these products tion of the public health.’’ smokeless tobacco, snuff, and chewing to- comply with minimum health and safe- Although the court upheld the 1998 bacco. ty standards. Tobacco should be regu- ruling by the United States Court of ‘‘(ll) The term ‘tobacco additive’ means lated in the same way every other any substance the intended use of which re- Appeals for the Fourth Circuit, the de- product we consume is regulated. sults or may reasonably be expected to re- cision does not dispute, and, in fact, it I will concede that there are some sult, directly or indirectly, in its becoming a reaffirms that the FDA is the most ap- formidable challenges ahead—but these component or otherwise affecting the char- propriate agency to regulate tobacco challenges are not insurmountable. acteristics of any tobacco product. products, given the general scope of its ‘‘(mm) The term ‘constituent’ means any During the 1998 debate on the McCain element of cigarette mainstream or authority and its emphasis on pro- tobacco bill, a majority of my col- tecting the public health. Now, it is a sidestream smoke which is present in quan- leagues on both sides of the aisle tities which represent a potential health haz- matter of Congress taking action to agreed our country needed a national ard or where the health effect is unknown. clearly give the FDA the long overdue tobacco control policy. While we may ‘‘(nn) The term ‘tar’ means mainstream authority it requires. not have succeeded then, we cannot total articulate matter minus nicotine and So today, I introduce this legislation and must not allow the progress the water.’’. as a challenge to my colleagues to do FDA has made in limiting minors’ ac- SEC. 4. ENFORCEMENT. what is right—to debate and pass legis- cess to tobacco be lost. Section 301 of the Federal Food, Drug, and lation that will once and for all give We all know that tobacco is a sub- Cosmetic Act (21 U.S.C. 331) is amended— FDA the tools it needs to enact regula- stance that not only reduces the qual- (1) in subsections (a), (b), (c), (g), and (k), tions that will help to protect children ity of one’s life in the short term, but by striking ‘‘or cosmetic’’ and inserting ‘‘cosmetic, or tobacco product’’; and and others from the dangers of tobacco. with lifelong use results in untimely (2) by adding at the end the following: After the long and protracted debate death. We have an opportunity this ‘‘(u) The manufacture, sale, distribution, in the Senate two years ago on the year to make a real difference. and advertising of tobacco products in viola- McCain tobacco bill, I am sure that Through the legislation I am intro- tion of regulations promulgated by the Sec- most of my colleagues are familiar ducing today, I call my colleagues to retary pursuant to chapter X.’’. with the numerous statistics that are action in the ongoing fight to protect SEC. 5. REGULATION OF TOBACCO PRODUCTS. often cited in relation to the dangers of the long term health of the children of The Federal Food, Drug, and Cosmetic Act smoking and its devastating impact on this country. (21 U.S.C. 301 et seq.) is amended by adding society in terms of health care costs, I urge my colleagues to join me in at the end the following: lost productivity, disability, and loss of this commitment to enacting legisla- ‘‘CHAPTER X—TOBACCO PRODUCTS life. However, I believe these figures tion granting FDA the authority to ‘‘SEC. 1000. REGULATION OF TOBACCO PROD- bear repeating. It is estimated that regulate tobacco products. UCTS. today, some 50 million Americans are Mr. President, I ask unanimous con- ‘‘(a) REGULATIONS.—Not later than 1 year sent to have the text of the bill be after the date on which the Secretary re- addicted to tobacco, and one out of ceives the recommendations described in sec- every three long-term users will die printed in the RECORD. There being no objection, the bill was tion 1003(f), the Secretary shall promulgate from a disease related to their tobacco regulations governing the manufacture, sale, ordered to be printed in the RECORD, as use. and distribution of tobacco products in ac- The cost of tobacco use not only re- follows: cordance with the provisions of the chapter. sults in lives lost, but also has a con- S. 2333 ‘‘(b) FOOD AND DRUG ADMINISTRATION.— siderable toll on health care expenses. Be it enacted by the Senate and House of Rep- Regulations promulgated under subsection It is estimated that the health care resentatives of the United States of America in (a) shall designate the Food and Drug Ad- Congress assembled, ministration as the Federal agency that reg- costs associated with treating tobacco- SECTION 1. SHORT TITLE. ulates the manufacture, distribution, and related disease totals over $80 billion a This Act may be cited as the ‘‘Tobacco sale of tobacco products. year—with almost half being paid for Regulatory Fairness Act of 2000’’. ‘‘(c) LIMITATION.—Regulations promulgated by taxpayer financed health care pro- SEC. 2. FINDINGS. under subsection (a) may not prohibit the grams. Congress makes the following findings: manufacture, distribution, or sale of a to- We also know that tobacco addiction (1) Cigarette smoking and tobacco use bacco product solely on the basis that such is clearly a problem that starts with cause approximately 450,000 deaths each year product causes a disease. children: almost 90 percent of adult in the United States. ‘‘(d) SALE OR DISTRIBUTION.—Under regula- (2) Cigarette smoking accounts for ap- tions promulgated under subsection (a) it smokers started using tobacco at or be- proximately $65,000,000,000 in lost produc- shall be unlawful to— fore age 18. Each year, one million chil- tivity and health care costs. ‘‘(1) sell a tobacco product to an individual dren become regular smokers—and one- (3) In spite of the well-established dangers under the age of 18 years; third of them will die prematurely of of cigarette smoking and tobacco use, there ‘‘(2) sell a tobacco product to an individual lung cancer, emphysema, and similar is no Federal agency that has any authority if such tobacco product is intended for use by tobacco caused diseases. Unless current to regulate the manufacture, sale, distribu- an individual under the age of 18 years; and trends are reversed, five million kids tion, and use of tobacco products. ‘‘(3) sell or distribute a tobacco product if (4) The tobacco industry spends approxi- under 18 alive today will die from to- the label of such product does not display mately $4,000,000,000 each year to promote the following statement: ‘Federal Law Pro- bacco related diseases. tobacco products. hibits Sale To Minors’. In Rhode Island, while overall ciga- (5) Each day 3,000 children try cigarettes ‘‘(e) MANUFACTURING.—Regulations pro- rette use is declining slightly, it has for the first time, many of whom become mulgated under subsection (a) governing the increased by more than 25 percent lifelong addicted smokers. manufacture of tobacco products shall—

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1992 CONGRESSIONAL RECORD — SENATE March 30, 2000 ‘‘(1) require that all additives used in the the Secretary shall appoint to the advisory ‘‘(1) modify the warning labels required by manufacture of tobacco products are safe; committee 10 individuals who are qualified the Federal Cigarette Labeling and Adver- and by training and experience to evaluate and tising Act (15 U.S.C. 1331 et seq.) and the ‘‘(2) classify as a drug any nicotine-con- make recommendations regarding regula- Comprehensive Smokeless Tobacco Health taining product that does not meet the defi- tions governing the manufacture, distribu- Education Act of 1986 (15 U.S.C. 4401 et seq.) nition of a tobacco product. tion, sale, labeling and advertising of to- if the modification in the content of the ‘‘SEC. 1001. ADULTERATED TOBACCO PRODUCTS. bacco products. label does not weaken the health message ‘‘(a) IN GENERAL.—A tobacco product shall ‘‘(2) EXPERTS.—The members described contained in the label and is in the best in- be deemed to be adulterated— under paragraph (1), not including the chair- terests of the public health as determined by ‘‘(1) if such product consists in whole or in person of such advisory committee, shall the Secretary; and part of any filthy, putrid, or decomposed consist of— ‘‘(2) increase the size and placement of substance, or is otherwise contaminated by ‘‘(A) one expert in the field of nicotine ad- such required labels.’’. any poisonous or deleterious substance that diction; SEC. 6. CONFORMING AMENDMENTS. may render such product injurious to health; ‘‘(B) one expert in the field of pharma- (a) RECORDS.—Section 703 of the Federal ‘‘(2) if such product has been prepared, cology; Food, Drug, and Cosmetic Act (21 U.S.C. 373) packed, or held under insanitary conditions ‘‘(C) one expert in the field of food and is amended— in which such product may have been con- drug law; (1) by striking ‘‘or cosmetics’’ each place it taminated with filth, or in which such prod- ‘‘(D) one expert in the field of public edu- appears and inserting ‘‘cosmetics, or tobacco uct may have been rendered injurious to cation; products’’; and health; and ‘‘(E) one expert in the field of toxicology; (2) by striking ‘‘or cosmetic’’ each place it ‘‘(3) if the container for such product is ‘‘(F) two experts representing the interests appears and inserting ‘‘cosmetic, or tobacco composed, in whole or in part, of any poi- of family medicine, internal medicine, or pe- product’’. sonous or deleterious substance that may diatrics; and (b) FACTORY INSPECTIONS.—Section 704 of render the contents of such product injurious ‘‘(G) two consumer representatives from the Federal Food, Drug, and Cosmetic Act to health. the public health community. (21 U.S.C. 374) is amended— ‘‘(b) REGULATIONS.—The Secretary may by ‘‘(3) EX OFFICIO.—The advisory committee (1) in subsection (a)(1)— regulation prescribe good manufacturing shall have the following as ex officio mem- (A) by striking ‘‘or cosmetics’’ each place practices for tobacco products. Such regula- bers: it appears and inserting ‘‘cosmetics, or to- tions may be modeled after current good ‘‘(A) The Director of the National Cancer bacco products’’; and manufacturing practice regulations for other Institute. (B) by striking ‘‘or restricted devices’’ each products regulated under this Act. ‘‘(B) The Director of the National Heart, place it appears and inserting ‘‘restricted de- ‘‘SEC. 1002. MISBRANDED TOBACCO PRODUCTS. Lung, and Blood Institute. vices, or tobacco products’’; and ‘‘A tobacco product shall be deemed to be ‘‘(C) The Director of National Institute on (2) in subsection (b), by striking ‘‘or cos- misbranded— Drug Abuse. metic’’ and inserting ‘‘cosmetic, or tobacco ‘‘(1) if the labeling of such product is false ‘‘(D) The Director of the Centers for Dis- product’’.∑ ease Control and Prevention. or misleading in any particular; ∑ Mr. BINGAMAN. Mr. President, ‘‘(2) if in package form unless such product ‘‘(E) The Surgeon General of the Public bears a label containing— Health Service. today I am very proud to be here with ‘‘(A) the name and place of business of the ‘‘(4) CHAIRPERSON.—The chairperson of the my friend and colleague, Senator Jack tobacco product manufacturer, packer, or advisory committee shall be appointed by REED, to introduce the Tobacco Regu- distributor; and the Secretary with the advice and consent of lation Fairness Act of 2000. ‘‘(B) an accurate statement of the quantity the Commissioner of Food and Drugs. I urge all of my colleagues in the of the contents in terms of weight, measure, ‘‘(d) FUNCTION.—The advisory committee Senate to join this effort, for it is time or numerical count, shall— ‘‘(1) review the available scientific evi- for Congress to take action. We must except that under subparagraph (B) of this ensure that the Food and Drug Admin- paragraph reasonable variations shall be per- dence on the effects of tobacco products on mitted, and exemptions as to small packages human health; istration can regulate the manufac- shall be established, by regulations promul- ‘‘(2) review the manufacturing process of ture, labeling, advertising, distribution gated by the Secretary; tobacco products, including the use of addi- and sale of tobacco products. ‘‘(3) if any word, statement, or other infor- tives, sprayed on chemicals, product develop- While many are disappointed with mation required by or under authority of ment, and product manipulation; last week’s Supreme Court ruling on this chapter to appear on the label or label- ‘‘(3) review the role of nicotine as part of FDA regulation of tobacco products, ing is not prominently placed thereon with the smoking habit, including its addictive properties and health effects; and the ruling reflects reality. Congress such conspicuousness (as compared with has not acted to give FDA the author- other words, statements or designs in the la- ‘‘(4) review current Federal, State, and beling) and in such terms as to render it local laws governing the manufacture, dis- ity it needs to regulate tobacco prod- likely to be read and understood by the ordi- tribution, sale, labeling and advertising of ucts. The Supreme Court’s decision un- nary individual under customary conditions tobacco products. derscores this fact and heightens the of purchase and use; ‘‘(e) AUTHORITY.—The advisory committee need for Congress to pass meaningful may hold hearings and receive testimony ‘‘(4) if such product has an established and comprehensive legislation to en- and evidence as the committee determines to name, unless its label bears, to the exclusion be appropriate. sure FDA authority over tobacco prod- of any other nonproprietary name, its estab- ‘‘(f) RECOMMENDATIONS.—Not later than 1 ucts. lished name is prominently printed in type year after the Secretary has appointed all This legislation is the key to pre- as required by the Secretary by regulation; members to the advisory committee, such venting tobacco use by teenagers and ‘‘(5) if the Secretary has issued regulations committee shall prepare and submit rec- requiring that the labeling of such product adolescents and to preventing the sales ommendations regarding regulations to be of tobacco products to children. If we bear adequate directions for use, or adequate promulgated under section 1000 to the Sec- warnings against use by children, that are retary. can prevent kids from smoking, we can necessary for the protection of users unless ‘‘SEC. 1004. REGISTRATION. head off a tremendous amount of the labeling of such product conforms in all ‘‘Not later than 120 days after the date of human disease and suffering, medical respects to such regulations; and enactment of this chapter, any manufacturer costs, and loss of life. While even to- ‘‘(6) if such product was manufactured, pre- directly or indirectly engaged in the manu- bacco companies say that they are pared, propagated, or processed in an estab- facture, distribution, or sale of tobacco prod- lishment not duly registered as required against kids smoking, we must look at ucts shall register with the Secretary the the facts. According to the American under section 1004. name and place of business of such manufac- ‘‘SEC. 1003. ADVISORY COMMITTEE. turer. Cancer Society, in the course of this ‘‘(a) ESTABLISHMENT.—There is established ‘‘SEC. 1005. ADVERTISING. Congress, almost 600,000 children will in the Food and Drug Administration a To- ‘‘(a) REGULATIONS.—The Federal Trade try tobacco products for the first time. bacco and Nicotine Products Advisory Com- Commission, after consultation with the Of those, nearly 200,000 will become ad- mittee (hereafter referred to as the ‘advisory Secretary and upon receipt of approval by dicted to nicotine. Additionally, over committee’). the Secretary, shall promulgate regulations more than 90,000 people will die from ‘‘(b) PURPOSE.—The advisory committee governing the advertising of all tobacco tobacco related cancers. shall assist the Secretary in developing the products. In 1997, a study by the Center for Dis- regulations described in section 1000. ‘‘(b) LABELS.—The Federal Trade Commis- ‘‘(c) MEMBERSHIP.— sion, after consultation with the Secretary ease Control showed that children and ‘‘(1) IN GENERAL.—Not later than 60 days and upon receipt of approval by the Sec- adolescents were able to buy tobacco after the date of enactment of this chapter, retary, may promulgate regulations that— products 67 percent of the times they

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1993 tried. The CDC found that most young the country. The first bill, entitled the characterization and planning, site de- smokers were able to buy their own ‘‘State and Local Brownfields Revital- sign and construction, environmental cigarettes and were seldom asked for ization Act of 2000’’, will authorize the restoration, and preparation for site identification. While strides have been U.S. Army Corps of Engineers to reme- development on brownfields sites made in the past 2 years, it is impera- diate and restore brownfield sites owned by state, regional, or local gov- tive that change continue. The bottom owned by state and local governments. ernments. When selecting these line is that the Supreme Court made The second bill, S. 2334, which I intro- projects, the Corps must consider its decision and Congress must act so duce with Senator JEFFORDS, will ex- whether the project would improve that we can continue to make inroads pand coverage of the federal public health and safety, encourage into youth smoking prevention. brownfields tax incentive and extend it sustainable economic and environ- Mr. President, this legislation des- for an additional six years. I also am mental redevelopment in areas serv- ignates the Food and Drug Administra- adding my name as a co-sponsor to the iced by existing infrasture, and help tion as the Federal agency that regu- ‘‘Small Business Brownfields Redevel- cure or expand parks, greenways, or lates the manufacture, distribution and opment Act of 1999’’, S. 1408, authored other recreational property. sale of tobacco products. This Act will by Senator JEFFORDS. Along with these Activities by the Corps would be con- serve to provide the Secretary of initiatives, I am announcing my inten- tingent upon a 35 percent match in Health and Human Services with the tion to develop broader legislation to cash or in-kind contribution by the authority to promulgate regulations remove barriers to the redevelopment state, regional, or local government. governing the manufacture, sale and and restoration of brownfields. The bill limits the Corps to spending distribution of tobacco products. Addi- Brownfields are abandoned, idled, or $3,250,000 on an individual site. How- tionally, the legislation also estab- under-used commercial or industrial ever, the Secretary of the Army could lishes a federal minimum age of sale of properties at which development or ex- increase the cap to $5,000,000 if he de- tobacco products of 18 and require the pansion is hindered by the presence, or termines that the size of the site or the label to state ‘‘Federal Law Prohibits potential presence of hazardous level of contamination warrants addi- Sale to Minors.’’ substantives. Countless numbers of tional funds. To carry out the provi- Mr. President, in 1989 and again in brownfield sites blight our commu- sions of this Act, the bill authorizes 1992, I introduced a bill to require the nities, pose health and environmental annual appropriations of $100 million Food and Drug Administration to regu- hazards, erode our cities’ tax base, and for fiscal years 2001 through 2005. late the manufacture and sale of to- contribute to urban sprawl. In fact, in I believe this bill would make a sig- bacco products. ‘‘The Tobacco Health 210 cities surveyed by the U.S. Con- nificant, positive contribution to the and Safety Act of 1992’’ had a com- ference of Mayors, an estimated 21,000 revitalization of our communities. Re- panion bill with Representative Mi- brownfields sites covering more than cently, I toured two sites along the chael Synar in the House. These bills 81,000 acres were identified. But, we banks of the Woonasquatucket River in were very similar legislative attempts stand to reap enormous economic, en- Providence. At the turn of the century to regulate tobacco by bringing it vironmental, and social benefits with these sites housed a woollen mill and a under the jurisdiction of the Federal the successful redevelopment of lace and braid factory. They have been Food and Drug Administration. brownfield sites. The redevelopment of abandoned, but debris and contamina- I believed then and I believe now that brownfields capitalizes on existing in- tion soils remain. They also threaten the FDA is the appropriate regulatory frastructure, creates a robust tax base the river and the children that inevi- entity to address this vital issue. To do for local governments, attracts new tably explore these abandoned prop- anything else is unacceptable. It is businesses and jobs, mitigates urban erties. City officials and local residents time to give the FDA the full authority sprawl, and reduces the environmental have a wonderful vision for the cleanup to regulate the manufacture, sale, la- and health risks to communities. of these sites that would create a bike beling, advertising, and promotion of Yet, many of these contaminated path and a park along the tobacco products. sites sit abandoned because of the pres- Woonasquatucket River. This effort is The bill we introduce today is a fair ence of hazardous substances. Devel- integral to the success of the and equitable approach to the issue. It opers that would otherwise restore Woonasquatucket River Greenway represents a strong commitment to these properties choose not to for fear Project, a public-private initiative to health promotion and disease preven- of becoming tangled in liability under increase recreational and green space tion. I urge my colleagues to support the Comprehensive Environmental Re- in low-income neighborhoods, thereby this bill and work with us to act upon sponse, Compensation, and Liability promoting economic reinvestment in this as a public health issue before we Act of 1980, commonly referred to as the area. adjourn this year.∑ Superfund. I believe it is critical that Despite selection of this project as a Congress take action to ensure that federal Brownfields Showcase Commu- By Mr. L. CHAFEE (for himself the federal government provides fund- nity and contributions totaling over $1 and Mr. JEFFORDS): ing and incentives to recycle our na- million by the City and State, the com- S. 2334. A bill to amend the Internal tion’s contaminated land, remove bar- munity is unable to complete remedi- Revenue Code of 1986 to extend expens- riers to development, and ally per- ation activities. And, because the area ing of environmental remediation costs ceived fears associated with Superfund is intended for use as a local park and for an additional 6 years and to include liability. The bills I am introducing will not generate an income stream, sites in metropolitan statistical areas. today are a step toward resolving those the community cannot utilize a loan. LEGISLATION TO EXTEND EXPENSING OF concerns. In the meantime, the area remains an ENVIRONMENTAL REMEDIATION COSTS Let me take a moment to take a mo- eyesore. This bill would revitalize the ment to explain each one. neighborhoods surrounding the By Mr. L. CHAFEE: The first bill I am introducing today Woonasquatucket River, as well as S. 2335. A bill to authorize the Sec- is the ‘‘State and Local Brownfields many other projects around the coun- retary of the Army to carry out a pro- Revitalization Act of 2000.’’ This legis- try. gram to provide assistance in the reme- lation would authorize the U.S. Army The Army Corps of Engineers is not diation and restoration of brownfields, Corps of Engineers to establish and im- new to brownfields redevelopment. The and for other purposes; to the Com- plement a program to assist state, re- Corps currently conducts pre-remedial mittee on Environment and Public gional, and local governments in the activities at brownfields sites for EPA Works. remediation and restoration of on a fee-for-service basis. However, STATE AND LOCAL BROWNFIELDS brownfields sites tied to the quality, current law precludes it from carrying REVITALIZATION ACT OF 2000 conservation, and sustainable use of out the necessary cleanup activities. In ∑ Mr. L. CHAFEE. Mr. President, today the nation’s waterways and watershed addition, the Corps is limited to con- I am introducing a pair of bills to en- ecosystems. ducting activities for which EPA will hance the pace and effectiveness of Additionally, this bill would provide provide reimbursement. I believe that brownfields redevelopment throughout authority to the Corps to conduct site EPA’s brownfields budget is inadequate

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1994 CONGRESSIONAL RECORD — SENATE March 30, 2000 to complete the task at hand. My bill tional issue, because abandoned or have included: the 1998 Fernbach will address these deficiencies and spur underused properties dot every commu- award; the 1998 Gordon Bell prize; revitalization at many sites. nity, large and small. The bills I have awards for the best overall paper as The second bill (S. 2334), which I am introduced and co-sponsored today are well and the best of show award at the introducing with Senator JEFFORDS ad- critical components of the bigger pic- Supercomputing 1998 conference; the dresses two key deficiencies in current ture, but we can do more. To combest paper and a number of special law. It would expand the definition of a plement these initiatives, I am an- awards at the Supercomputing 1999 targeted area to include any brownfield nouncing today that I intend to work conference, the Maxwell prize in ap- site located within a metropolitan sta- on legislation to provide funding plied mathematics, and the 2000 Nor- tistical area making the current tax through the U.S. Environmental Pro- bert Wiener Prize in applied mathe- incentives more useful; and extending tection Agency for assessment and matics. it for an additional six years. cleanup of brownfields, and clarify li- The future potential of these pro- Under current law, parties that reme- ability to encourage the transfer of grams is immense and not limited to diate brownfields sites in targeted property. I would also like to provide the computation, networking, and in- areas are eligible to expense, or deduct, assurances that while we work to fa- formation sciences. There is also great the costs of environmental restoration cilitate state cleanup programs, EPA potential for helping not only the mis- in the year the costs are incurred. A will take action at a brownfields site sion needs of the Department of Energy targeted area is any population census when necessary to protect human but also the broader scientific commu- tract with a poverty rate of more than health and the environment. nity and the public through increased 20 percent, any empowerment zone or As I have studied CERCLA and Rhode understanding of biological systems, enterprise community, or any site Island’s Superfund sites, I have heard energy and environmental systems, deemed to an EPA pilot project before from many people of all political chemical, physical, and plasma sys- February 1, 1997. This tax incentive is stripes that brownfields legislation can tems, and high energy and nuclear sys- scheduled to expire at the end of 2001. be achieved on a bipartisan basis. They tems. This understanding is key to our The vast underutilization of the ex- have urged us to address the issues as more efficient and environmentally isting tax incentive highlights the need soon as possible. I have visited friendly production and utilization of for a re-examination of the goals we brownfields sites in Rhode Island and energy and material goods. are pursuing. As chairman of the Envi- have seen the potential that exists to The notable features of the bill in- ronment and Public Works Sub- revitalize our communities if we can clude: an authorization for increased committee on Superfund, Waste Con- provide sufficient funding, clarify li- funding similar in scope to what is proposed in the House of Representatives trol, and Risk Assessment, I have ability issues, and remove other bar- for the National Science Foundation heard complaints that parties eager to riers to redevelopment. I am hopeful computational efforts; an open com- utilize the existing federal tax incen- that if we work in a bipartisan manner, petition for funding; a collaborative tive have not done so for one of two we will be successful in passing program between DOE program offices; reasons. The first reason is the limita- brownfields legislation that the Presi- building partnerships between labora- tion on the areas covered by the incen- dent can sign this year.∑ tive. Unless the project constitutes an tories, universities, and industry; a early EPA pilot project or lies within By Mr. BINGAMAN (for himself, focus on solutions to networking and an impoverished community, the tax Mr. CRAIG, Mr. SCHUMER, and information technology problems that incentive does not apply. In addition, Mrs. MURRAY): are critical to the achieving DOE mis- the tax incentive expires frequently, S. 2336. A bill to authorize funding sions; and management of funding pro- which creates uncertainty. for networking and information tech- vided to NNSA laboratories adminis- Let me provide an example. Let us nology research and development at tered by the sponsoring program of the assume that a party is willing to pur- the Department of Energy for fiscal Department. This last provision is con- chase contaminated land and clean it years 2001 through 2005, and for other sistent with the legislation which cre- up in order to redevelop the property. purposes; to the Committee on Energy ated the NNSA in that it maintains ac- However, a party may be unable to and Natural Resources. countability for new money authorized make the acquisition and complete the NETWORKING AND INFORMATION TECHNOLOGY by this bill in DOE civilian programs remediation within one calendar year. RESEARCH AND DEVELOPMENT OF ENERGY so that such funding will remain with- Uncertain as to whether the tax incen- MISSIONS ACT in the purview of civilian programs tive will be reinstated in the next year ∑ Mr. BINGAMAN. Mr. President, under the oversight of the authorizing may discourage the party from taking today I am pleased to introduce the committee for this legislation, while on the risk. To address this issue, the ‘‘Networking and Information Tech- maintaining the principle that funding bill extends the tax incentive until the nology Research and Development for at laboratories under the purview of end of calendar year 2007. I believe that Department of Energy Missions Act,’’ the NNSA be consistent with their gen- this will provide certainty to those which is cosponsored by Senators eral programmatic missions. who see the wisdom in redeveloping CRAIG, SCHUMER, and MURRAY. I ask unanimous consent that the these untapped properties of value. This bipartisan bill is in recognition text of the bill be printed in the In addition, I am pleased to add my of the critical contributions and future RECORD. name as co-sponsor to the Small Busi- potential of computing programs with- There being no objection, the bill was ness Brownfield Redevelopment Act of in the Department of Energy’s Office of ordered to be printed in the RECORD, as 1999 (S. 1408) offered by Senators JEF- Science. These programs have played a follows: FORDS, MOYNIHAN, SCHUMER, LAUTEN- key role in the development of high S. 2336 BERG, LIEBERMAN, and LEAHY. This bill performance computing, networking, Be it enacted by the Senate and House of Rep- is an important component of my vi- and information technology. Some of resentatives of the United States of America in Congress assembled, sion for brownfields redevelopment their notable accomplishments have SECTION 1. SHORT TITLE. throughout the nation. S. 1408 provides included: the establishment of the first This Act may be cited as ‘‘Networking and $50 million to the Small Business Ad- national supercomputer center, the de- Information Technology Research and Devel- ministration to finance projects that velopment of mathematical algorithm opment for Department of Energy Missions assist qualified small businesses, or libraries for high performance com- Act’’. prospective small business owners, in puting, the development of a critical SEC. 2. FINDINGS. carrying out site assessment and clean- interface and other software packages The Congress finds the following: up activities at brownfields sites. I be- to support high speed parallel inter- (1) The Department of Energy, especially connection of supercomputers, and the in its Office of Science research programs, lieve that this bill will assist small has played a key role in the development of businesses in Rhode Island and the development of a fundamental compo- high performance computing, networking country cleanup brownfield sites. nent of how information is routed on and information technology. Important con- In conclusion, I would like to empha- the internet. Recent recognition of the tributions by the Department include pio- size that brownfields are a critical na- scientists supported by this program neering the concept of remote, interactive

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1995 access to supercomputers; developing the $25,000,000 in each fiscal year for a program hibits access to health insurance for first interactive operating system for super- of collaborative projects involving remote millions of Americans: discrimination computers; establishing the first national access to high-performance computing assets in the tax code. Most Americans obtain supercomputer center; laying the mathe- or remote experimentation over network fa- health insurance through their place of matical foundations for high performance cilities. The program shall give priority to work, and for good reason: workers re- computing with numerical linear algebra li- cross-disciplinary projects that involve more braries now used by thousands of researchers than one office within the Office of Science ceive their employer’s contribution to- worldwide; leading the transition to mas- of the Department of Energy or that couple ward health insurance completely free sively parallel supercomputing by developing the Office of Science with Departmental en- from federal taxation (including pay- software for parallel virtual machines; and ergy technology offices. roll taxes). This is effectively a $120 contributing to the development of the (c) PROGRAM LINE AUTHORITY.—To the ex- billion per year federal subsidy for em- Internet with software that is now used in tent consistent with their national security ployer-provided health insurance. By the TCP/IP system responsible for routing mission, laboratories administered by the contrast, individuals who purchase information packages to their correct des- National Nuclear Security Administration their own health insurance get vir- tinations. may compete for funding authorized in this tually no tax relief. They must buy in- Act to the same extent and on the same (2) The Department of Energy’s contribu- surance with after-tax dollars, forcing tions to networking and information tech- terms as other Department of Energy offices nology have played a key role in the Depart- and laboratories. Such funding at labora- many to earn twice as much income be- ment’s ability to accomplish its statutory tories administered by the National Nuclear fore taxes in order to purchase the missions in the past, in particular through Security Administration shall be under the same insurance. This hidden health tax the development of remote access to its fa- direct programmatic control of the spon- penalty effectively punishes people cilities. Continued accomplishments in these soring program for the funding in the De- who try to buy their insurance outside areas will be needed to continue to carry out partment of Energy. the workplace. these missions in the future. (d) MERIT REVIEW.—All grants, contracts, The Fair Care for the Uninsured Act (3) The Department of Energy, through its cooperative agreements, or other financial would remedy this situation by cre- portfolio of unique facilities for scientific re- assistance awarded under programs author- ating a parallel system for working ized in this Act shall be made only after search including high energy and nuclear families who do not have access to physics laboratories, neutron source and being subject to independent merit review by synchrotron facilities, and computing and the Department of Energy. health insurance through the work- communications facilities such as the Na- SEC. 4. AUTHORIZATION OF APPROPRIATIONS. place. Specifically, this legislation cre- tional Energy Research Scientific Com- There are authorized to be appropriated to ates a refundable tax credit of $1,000 puting Center and Energy Sciences Network, the Secretary of Energy for the purposes of per adult and up to $3,000 per family has a unique and vital role in advancing the carrying out section 203 of the High-Perform- (indexed for inflation), for the purchase scientific research, networking and informa- ance Computing Act of 1991 (15 U.S.C. 5523) of private health insurance; would be tion technology infrastructure for the na- and this Act $190,000,000 for fiscal year 2001; available to individuals and families tion. $250,000,000 for fiscal year 2002; $285,000,000 for who don’t have access to coverage (4) The challenge of remote creation of, ac- fiscal year 2003; $300,000,000 for fiscal year through the workplace or a federal gov- ∑ cess to, visualization of, and simulation with 2004; and $300,000,000 for fiscal year 2005. ernment program; enables individuals petabyte-scale (1,000,000 gigabyte) data sets generated by experiments at DOE scientific By Mr. SANTORUM (for himself to use their credit to shop for a basic plan that best suits their needs which facilities is common to a number of different and Mr. KYL): scientific disciplines. Effective treatment of S. 2337. A bill to amend the Internal would be portable from job to job; and these problems will likely require collabo- Revenue Code of 1986 to allow individ- allows individuals to buy more gen- rative efforts between the university, na- uals a refundable credit against income erous coverage with after-tax dollars. tional laboratory and industrial sectors and And of course the states could supple- involve close interactions of the broader sci- tax for the purchase of private health insurance, and to establish State ment the credit. entific community with computational, net- This legislation complements a bi- health insurance safety-net programs; working and information scientists. partisan consensus which is emerging (5) The solution of contemporary chal- to the Committee on Finance. around this means for addressing the lenges facing the Department of Energy in THE FAIR CARE FOR THE UNINSURED ACT developing and using high-performance com- serious problem of uninsured Ameri- ∑ Mr. SANTORUM. Mr. President, I cans: Instead of creating new govern- puting, networking, communications, and in- rise to join my friend and colleague, formation technologies will be of immense ment entitlements to medical services, value to the entire nation. Potential benefits Senator JON KYL of Arizona, in intro- tax credits provide public financing to include: effective earth, climate, and energy ducing the Fair Care for the Uninsured help uninsured Americans buy private systems modeling; understanding aging and Act of 2000, legislation aimed at ensur- health insurance. Representative DICK fatigue effects in materials crucial to energy ing that all Americans, regardless of ARMEY has been a leader in this field systems; promoting energy-efficient chem- income, have a basic level of resources for some time now, having introduced ical production through rational catalyst de- to purchase health insurance. last year similar legislation in the sign; predicting the structure and functions As we all know, the growing ranks of House of Representatives. And just re- of the proteins coded by DNA and their re- uninsured Americans—currently 44 sponse to chemical and radiation damage; cently, Senators JEFFORDS and BREAUX designing more efficient combustion sys- million and increasing at a rate of introduced their own version of health tems; and understanding turbulent flow in 100,000 per month—remains a major na- insurance tax credit proposal here in plasmas in energy and advanced materials tional problem that must be addressed the Senate. I applaud their efforts for applications. as Congress considers improvements to advancing this important public policy SEC. 3. DEPARTMENT OF ENERGY PROGRAMS. our healthcare delivery system. The initiative. (a) HIGH-PERFORMANCE COMPUTING ACT uninsured are three times as likely not A tax credit for the purchase of in- PROGRAM.—Section 203(a) of the High-Per- to receive needed medical care, at least surance would make it possible for formance Computing Act of 1991 (15 U.S.C. twice as more likely to need hos- many more people to obtain insurance, 5523(a)) is amended— pitalization for avoidable conditions thereby helping to lower the total cost (1) in paragraph (3), by striking ‘‘and’’; like pneumonia and diabetes, and four of insurance. In reducing the amount of (2) in paragraph (4), by striking the period and inserting ‘‘; and’’; and times more likely to rely on an emer- uncompensated care that is offset (3) by adding after paragraph (4) the fol- gency room or have no regular source through cost shifting to private insur- lowing: of care than Americans who are pri- ance plans, and in substantially in- ‘‘(5) conduct an integrated program of re- vately insured. creasing the insurance base, a health search, development, and provision of facili- The Fair Care for the Uninsured Act insurance tax credit will help relieve ties to develop and deploy to scientific and represents a major step toward helping some of the spiraling costs of our technical users the high-performance com- the uninsured obtain health coverage health care delivery system. It would puting and collaboration tools needed to ful- through the creation of a new tax cred- also encourage insurance companies to fill the statutory missions of the Depart- ment of Energy.’’. it for the purchase of private health in- write policies geared to the size of the (b) COMPUTATION, NETWORKING AND INFOR- surance, a concept which enjoys bipar- credit, thus offering more options and MATION TECHNOLOGY COLLABORATIVE PRO- tisan support. making it possible for low income fam- GRAM.—Within the funds authorized under This legislation directly addresses ilies to obtain coverage without paying this Act, the Secretary shall provide up to one of the main barriers which now in- much more than the available credits.

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1996 CONGRESSIONAL RECORD — SENATE March 30, 2000 It is time that we reduced the tax stores. Under current law, the ATF is dence while away from home on quali- bias against families who do not have only allowed to conduct one unan- fied official extended duty in deter- access to coverage through their place nounced inspection of a licensed dealer mining the exclusion of gain from the of work or existing government pro- a year. The bill would allow the ATF to sale of such residence. grams, and to encourage the creation conduct four compliance inspections S. 622 of an effective market for family-se- annually of licensed firearms dealers, At the request of Mr. KENNEDY, the lected and family-owned plans, where importers, and manufacturers. name of the Senator from Indiana (Mr. Americans have more choice and con- In addition, this legislation will au- BAYH) was added as a cosponsor of S. trol over their health care dollars. The thorize funds to hire an additional 1,000 622, a bill to enhance Federal enforce- Fair Care for the Uninsured Act would local, state and federal prosecutors to ment of hate crimes, and for other pur- create tax fairness where currently expand the Project Exile program in poses. none exists by requiring that all Amer- high gun-crime areas. In cases where S. 784 federal law enforcement authorities icans receive the same tax encourage- At the request of Mr. L. CHAFEE, his ment to purchase health insurance, re- defer to state prosecutors, this funding name was added as a cosponsor of S. gardless of employment. would ensure that state prosecutors 784, a bill to establish a demonstration It is my hope that my colleagues will have sufficient resources. Furthermore, project to study and provide coverage join me in endorsing this approach to ENFORCE authorizes funding for fed- of routine patient care costs for medi- provide people who purchase health in- eral prosecutors and gun enforcement care beneficiaries with cancer who are surance on their own similar tax treat- teams to coordinate efforts with local enrolled in an approved clinical trial ment as those who have access to in- law enforcement and to determine program. surance through their employer.∑ where federal prosecution is warranted. ENFORCE will also create a com- S. 821 By Mr. SCHUMER (for himself, prehensive ballistics DNA testing net- At the request of Mr. LAUTENBERG, Mr. KENNEDY, Mr. DURBIN, Mr. work. The Act would triple current the name of the Senator from Nevada LAUTENBERG, Mr. REED, Mr. funding for ballistics testing programs (Mr. REID) was added as a cosponsor of TORRICELLI, Mr. LEVIN, Mr. to support the deployment of 150 ballis- S. 821, a bill to provide for the collec- ROBB, Mr. MOYNIHAN, Mrs. tics imaging units, helping to link bul- tion of data on traffic stops. BOXER, Mr. DODD, and Mr. lets and shell casings to the crime-guns S. 1017 DASCHLE): they were fired from. At the request of Mr. MACK, the name S. 2338. A bill to enhance the enforce- ENFORCE will expand to 50 cities of the Senator from Tennessee (Mr. ment of gun violence laws; to the Com- and counties the Youth Crime Gun FRIST) was added as a cosponsor of S. mittee on the Judiciary. Interdiction Initiative (YCGII), which 1017, a bill to amend the Internal Rev- THE EFFECTIVE NATIONAL FIREARMS OBJEC- would dramatically increase tracing of enue Code of 1986 to increase the State TIVES FOR RESPONSIBLE, COMMONSENSE EN- crime guns to find sources. Partici- ceiling on the low-income housing FORCEMENT (ENFORCE) ACT pating cities and counties’ law enforce- credit. ∑ Mr. SCHUMER. Mr. President, I rise ment agencies would submit and share S. 1020 today to introduce on behalf of myself identifying information about crime At the request of Mr. SMITH of New and Senators KENNEDY, DURBIN, LAU- guns and conduct law enforcement in- Hampshire, his name was added as a TENBERG, REED, TORRICELLI, LEVIN, vestigations regarding illegal youth cosponsor of S. 1020, a bill to amend ROBB, MOYNIHAN, BOXER, DODD, and Mr. users of firearms and illegal traffickers chapter 1 of title 9, United States Code, DASCHLE, the Effective National Fire- of firearms to youth. The Secretary of to provide for greater fairness in the arms Objectives For Responsible, Com- the Treasury would provide an annual arbitration process relating to motor monsense Enforcement Act. This bill, I report on the types and sources of re- vehicle franchise contracts. believe, bridges the gap between those covered crime guns and the number of S. 1215 who reflexively support the gun lobby investigations associated with YCGII. At the request of Mr. DODD, the name and those who strongly support gun The bill would also fund $10 million of the Senator from Wisconsin (Mr. control. for smart gun technology research and KOHL) was added as a cosponsor of S. The ENFORCE Act is the culmina- development. New state-of-the-art in- 1215, a bill to amend title 38, United tion of years of research into gun trac- novations could limit a gun’s use to its States Code, to authorize the Secretary ing and gun trafficking. It is the next owner or other authorized users—and of Veterans Affairs to furnish phase in stopping gun violence. It is a could therefore prevent accidental headstones or markers for marked bill and an approach to gun crime that shooting deaths of children, detect gun graves of, or to otherwise commemo- works smarter and works harder. theft, and stop criminals from seizing rate, certain individuals. This bill works smarter by ridding us and using the guns of police officers S. 1399 of many of the laws that have shielded against them. illegal gun traffickers and dirty gun ENFORCE is a comprehensive pack- At the request of Mr. ROBB, his name dealers from prosecution. It uses the age of measures that will strengthen was added as a cosponsor of S. 1399, a latest in gun tracing data and ballis- the enforcement of existing gun laws bill to amend title 38, United States tics technology to make it possible for and target high crime-gun dealers to Code, to provide that pay adjustments law enforcement to zero in on the bad reduce gun violence and to keep fire- for nurses and certain other health- apples, throw the book at them, and arms out of the hands of children and care professionals employed by the De- leave the rest alone. It works harder by criminals. The gun lobby has been call- partment of Veterans Affairs shall be finally giving ATF the street agents ing for more enforcement. This is as made in the manner applicable to Fed- they need to crack down on high crime tough and effective an enforcement bill eral employees generally and to revise gun dealers and to prosecute more gun as ever drafted. Gun rights and gun the authority for the Secretary of Vet- crimes. control supporters ought to step up to erans Affairs to make further locality Let me outline a few provisions in the plate and pass it.∑ pay adjustments for those professionals. this legislation. First, this bill will f fund 500 new ATF agents and inspec- S. 1408 tors to crack down on dirty gun deal- ADDITIONAL COSPONSORS At the request of Mr. JEFFORDS, the ers. These new agents will target high- S. 309 name of the Senator from Rhode Island crime gun dealers who supply firearms At the request of Mr. MCCAIN, the (Mr. L. CHAFEE,) was added as a cospon- to criminals and juveniles and crack name of the Senator from Alabama sor of S. 1408, a bill to amend the Small down on violent gun criminals and ille- (Mr. SHELBY) was added as a cosponsor Business Investment Act of 1958 to pro- gal gun traffickers at gun shows, gun of S. 309, a bill to amend the Internal mote the cleanup of abandoned, idled, stores, and on the streets. Revenue Code of 1986 to provide that a or underused commercial or industrial ENFORCE will also give ATF the au- member of the uniformed services shall facilities, the expansion or redevelop- thority to investigate high crime-gun be treated as using a principal resi- ment of which are complicated by real

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1997 or perceived environmental contamina- S. 1969 S. 2123 tion, and for other purposes. At the request of Mr. CRAIG, the At the request of Ms. LANDRIEU, the S. 1498 name of the Senator from Oregon (Mr. names of the Senator from Arkansas At the request of Mr. BURNS, the SMITH of Oregon) was added as a co- (Mr. HUTCHINSON), the Senator from name of the Senator from Maryland sponsor of S. 1969, a bill to provide for Mississippi (Mr. COCHRAN), and the (Mr. SARBANES) was added as a cospon- improved management of, and in- Senator from New Hampshire (Mr. sor of S. 1498, a bill to amend chapter creases accountability for, outfitted SMITH) were added as cosponsors of S. 55 of title 5, United States Code, to au- activities by which the public gains ac- 2123, a bill to provide Outer Conti- thorize equal overtime pay provisions cess to and occupancy and use of Fed- nental Shelf Impact assistance to State for all Federal employees engaged in eral land, and for other purposes. and local governments, to amend the wildland fire suppression operations. S. 1975 Land and Water Conservation Fund ACK S. 1608 At the request of Mr. M , the name Act of 1965, the Urban Park and Recre- of the Senator from Alaska (Mr. MUR- ation Recovery Act of 1978, and the At the request of Mr. CRAIG, the KOWSKI) was added as a cosponsor of S. name of the Senator from Montana Federal Aid in Wildlife Restoration Act 1975, a bill to amend the Internal Rev- (commonly referred to as the Pittman- (Mr. BURNS) was added as a cosponsor enue Code of 1986 to modify the tax on of S. 1608, a bill to provide annual pay- Robertson Act) to establish a fund to generation-skipping transfers to elimi- ments to the States and counties from meet the outdoor conservation and nate certain traps for the unwary and National Forest System lands managed recreation needs of the American peo- otherwise improve the fairness of such by the Forest Service, and the revested ple, and for other purposes. tax. Oregon and California Railroad and re- S. 2158 S. 2005 conveyed Coos Bay Wagon Road grant At the request of Mr. MURKOWSKI, the lands managed predominately by the At the request of Mr. BURNS, the names of the Senator from Oklahoma names of the Senator from Utah (Mr. Bureau of Land Management, for use (Mr. NICKLES) and the Senator from Ar- HATCH), the Senator from Alaska (Mr. by the counties in which the lands are izona (Mr. KYL) were added as cospon- situated for the benefit of the public MURKOWSKI), and the Senator from sors of S. 2158, a bill to amend the Har- schools, roads, emergency and other Texas (Mrs. HUTCHISON) were added as monized Tariff Schedule of the United public purposes; to encourage and pro- cosponsors of S. 2005, a bill to repeal States to eliminate the duty on certain vide new mechanism for cooperation the modification of the installment steam or other vapor generating boil- between counties and the Forest Serv- method. ers used in nuclear facilities. S. 2018 ice and the Bureau of Land Manage- S. 2234 ment to make necessary investments At the request of Mrs. HUTCHISON, the in federal lands, and reaffirm the posi- name of the Senator from North Caro- At the request of Mr. ROBB, his name tive connection between Federal Lands lina (Mr. HELMS) was added as a co- was added as a cosponsor of S. 2234, a counties and Federal Lands; and for sponsor of S. 2018, a bill to amend title bill to designate certain facilities of other purposes. XVIII of the Social Security Act to re- the United States Postal Service. S. 1762 vise the update factor used in making S. 2235 payments to PPS hospitals under the At the request of Mrs. LINCOLN, the At the request of Ms. COLLINS, the medicare program. names of the Senator from Iowa (Mr. name of the Senator from Iowa (Mr. S. 2058 HARKIN), the Senator from New Mexico GRASSLEY) was added as a cosponsor of (Mr. BINGAMAN), the Senator from Lou- At the request of Mr. GRAHAM, the S. 2235, a bill to amend the Public isiana (Mr. BREAUX), and the Senator name of the Senator from Massachu- Health Act to revise the performance from South Carolina (Mr. HOLLINGS) setts (Mr. KERRY) was added as a co- standards and certification process for were added as cosponsors of S. 1762, a sponsor of S. 2058, a bill to extend filing organ procurement organizations. deadlines for applications for adjust- bill to amend the Watershed Protection S. 2246 and Flood Prevention Act to authorize ment of status of certain Cuban, Nica- raguan, and Haitian nationals. At the request of Mr. BOND, the name the Secretary of Agriculture to provide of the Senator from Mississippi (Mr. S. 2087 cost share assistance for the rehabilita- COCHRAN) was added as a cosponsor of At the request of Mr. WARNER, the tion of structural measures con- S. 2246, a bill to amend the Internal name of the Senator from New Hamp- structed as part of water resources Revenue Code of 1986 to clarify that shire (Mr. GREGG) was added as a co- projects previously funded by the Sec- certain small businesses are permitted sponsor of S. 2087, a bill to amend title retary under such Act or related laws. to use the cash method of accounting 10, United States Code, to improve ac- S. 1806 even if they use merchandise or inven- cess to benefits under the TRICARE At the request of Mr. BINGAMAN, the tory. program; to extend and improve cer- name of the Senator from Illinois (Mr. tain demonstration programs under the S. 2255 DURBIN) was added as a cosponsor of S. Defense Health Program; and for other At the request of Mr. MCCAIN, the 1806, a bill to authorize the payment of purposes. name of the Senator from Vermont a gratuity to certain members of the (Mr. LEAHY) was added as a cosponsor Armed Forces who served at Bataan S. 2097 of S. 2255, a bill to amend the Internet and Corregidor during World War II, or At the request of Mr. JOHNSON, his Tax Freedom Act to extend the mora- the surviving spouses of such members, name was added as a cosponsor of S. torium through calendar year 2006. and for other purposes. 2097, a bill to authorize loan guarantees in order to facilitate access to local S. 2277 S. 1883 television broadcast signals in At the request of Mr. BINGAMAN, the At the request of Mr. ROTH, the unserved and underserved areas, and names of the Senator from Kentucky name of the Senator from Vermont for other purposes. (Mr. JEFFORDS) was added as a cospon- (Mr. MCCONNELL) and the Senator from At the request of Mr. BAUCUS, his Virginia (Mr. ROBB) were added as co- sor of S. 1883, a bill to amend title 5, name was added as a cosponsor of S. United States Code, to eliminate an in- sponsors of S. 2277, a bill to terminate 2097, supra. the application of title IV of the Trade equity on the applicability of early re- At the request of Mr. LEAHY, his tirement eligibility requirements to Act of 1974 with respect to the People’s name was added as a cosponsor of S. Republic of China. military reserve technicians. 2097, supra. S. 1932 At the request of Mr. ROBB, his name S. 2285 At the request of Mr. L. CHAFEE, his was added as a cosponsor of S. 2097, At the request of Mr. LOTT, the name name was added as a cosponsor of S. supra. of the Senator from Georgia (Mr. 1932, a bill to amend the Ricky Ray He- At the request of Mr. HATCH, his COVERDELL) was added as a cosponsor mophilia Relief Fund Act of 1998 to re- name was added as a cosponsor of S. of S. 2285, a bill instituting a Federal vise and extend certain provisions. 2097, supra. fuels tax holiday.

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1998 CONGRESSIONAL RECORD — SENATE March 30, 2000 S. 2291 LEAHY, Mr. LEVIN, Mrs. LINCOLN, Ms. SENATE RESOLUTION 280—EX- At the request of Mr. DASCHLE, the MIKULSKI, Mr. MOYNIHAN, Mrs. MUR- PRESSING THE SENSE OF THE name of the Senator from South Da- RAY, Mr. ROBB, Mr. REED, Mr. SAR- SENATE WITH RESPECT TO kota (Mr. JOHNSON) was added as a co- BANES, Mr. SCHUMER, Ms. SNOWE, Mr. UNITED STATES RELATIONS sponsor of S. 2291, a bill to provide as- SPECTER, Mr. TORRICELLI, Mr. WITH THE RUSSIAN FEDERATION sistance for efforts to improve con- IN VIEW OF THE SITUATION IN WELLSTONE, and Mr. WYDEN) submitted servation of, recreation in, erosion con- CHECHNYA trol of, and maintenance of fish and the following resolution; which was referred to the Committee on Foreign Mr. WELLSTONE submitted the fol- wildlife habitat of the Missouri River lowing resolution; which was referred Relations: in the State of South Dakota, and for to the Committee on Foreign Rela- other purposes. S. RES. 279 tions: S. 2293 Whereas the United States has shown lead- S. RES. 280 At the request of Mr. SANTORUM, the ership in promoting human rights, including Whereas the Senate of the United States name of the Senator from Oklahoma the rights of women and girls, and was in- unanimously passed Senate Resolution 262 (Mr. INHOFE) was added as a cosponsor strumental in the development of inter- on February 24, 2000, condemning the indis- of S. 2293, a bill to amend the Federal national human rights treaties and norms, criminate use of force by the Government of Deposit Insurance Act and the Federal including the International Convention on the Russian Federation against the people of Home Loan Bank Act to provide for the the Elimination of all Forms of Discrimina- Chechnya, encouraging peace negotiations between the Government of the Russian Fed- payment of Financing Corporation in- tion Against Women (CEDAW); Whereas the Senate has already agreed to eration and the leadership of the Chechen terest obligations from balances in the Government, and urging the Government of the ratification of several important human deposit insurance funds in excess of an the Russian Federation to immediately rights treaties, including the Genocide Con- established ratio and, after such obli- grant international organizations full and vention, the Convention Against Torture, gations are satisfied, to provide for re- unimpeded access into Chechnya in order to the International Covenant on Civil and Po- provide humanitarian assistance and inves- bates to insured depository institu- litical Rights, and the Convention on the tions of such excess reserves. tigate alleged atrocities and war crimes; Elimination of All Forms of Racial Discrimi- Whereas the Committee of Foreign Rela- S. 2299 nation; tions of the Senate received credible evi- At the request of Mr. L. CHAFEE, the Whereas CEDAW establishes a worldwide dence and testimony reporting grave human name of the Senator from North Caro- commitment to combat discrimination rights violations on both sides of the war in lina (Mr. HELMS) was added as a co- against women and girls; Chechnya; sponsor of S. 2299, a bill to amend title Whereas 165 countries of the world have Whereas the Committee on Foreign Rela- XIX of the Social Security Act to con- ratified or acceded to CEDAW and the United tions of the Senate received credible evidence and testimony that Russian forces in tinue State Medicaid disproportionate States is among a small minority of countries, including Afghanistan, North Korea, Chechnya caused the deaths of countless share hospital (DSH) allotments for fis- thousands of innocent civilians and the dis- cal year 2001 at the levels for fiscal Iran, and Sudan, which have not; Whereas CEDAW is helping combat vio- placement of well over 250,000 innocents; year 2000. forcibly relocated refugee populations; and lence and discrimination against women and committed widespread atrocities including S. 2300 girls around the world; summary executions, arbitrary detentions, At the request of Mr. THOMAS, the Whereas CEDAW has had a significant and torture, and rape; name of the Senator from Utah (Mr. positive impact on legal developments in Whereas the Government of the Russian BENNETT) was added as a cosponsor of countries as diverse as Uganda, Colombia, Federation continues its military campaign S. 2300, a bill to amend the Mineral Brazil, and South Africa, including, on citi- in Chechnya through the use of indiscrimi- Leasing Act to increase the maximum zenship rights in Botswana and Japan, inher- nate force, causing further dislocation of acreage of Federal leases for coal that itance rights in Tanzania, property rights people from their homes, the deaths of un- may be held by an entity in any 1 and political participation in Costa Rica; armed civilians and widespread suffering; State. Whereas the Administration has proposed Whereas this war contributes to ethnic ha- a small number of reservations, under- tred and religious intolerance within the S. RES. 90 standings, and declarations to ensure that Russian Federation, and could divert much- At the request of Mr. HATCH, the U.S. ratification fully complies with all con- needed international development assist- name of the Senator from Massachu- stitutional requirements, including states’ ance, undercut the ability of the inter- setts (Mr. KERRY) was added as a co- and individuals’ rights; national community to trust the Russian sponsor of S. Res. 90, a resolution des- Whereas the legislatures of California, Federation as a signatory to international agreements, generate political instability ignating the 30th day of April 2000 as Iowa, Massachusetts, New Hampshire, New within the Russian Federation, and be a con- York, North Carolina, South Dakota, and ‘‘Dia de los Ninos: Celebrating Young tinuing threat to the peace in the region; Americans,’’ and for other purposes. Vermont have endorsed U.S. ratification of and S. RES. 271 CEDAW; Whereas the Senate again expresses its Whereas more than one hundred U.S.- At the request of Mr. L. CHAFEE, his deep concern over the war and humanitarian name was added as a cosponsor of based, civic, legal, religious, education, and tragedy in Chechnya, and its desire for a environmental organizations, including S.Res. 271, a resolution regarding the peaceful and durable settlement to the con- many major national membership organiza- flict: Now, therefore, be it human rights situation in the People’s tions, support U.S. ratification of CEDAW; Resolved, That it is the sense of the Senate Republic of China. Whereas ratification of CEDAW would that— f allow the United States to nominate a rep- (1) the lack of vigorous and sustained ac- resentative to the CEDAW oversight com- tion of most Western governments, including SENATE RESOLUTION 279—EX- that of the United States, to respond to the PRESSING THE SENSE OF THE mittee; and Whereas 2000 is the 21st anniversary of the conflict in Chechnya could be too easily in- SENATE THAT THE UNITED adoption of CEDAW by the United Nations terpreted by the Government of the Russian STATES SENATE COMMITTEE ON General Assembly: Now, therefore, be it Federation as indifference to it and thus FOREIGN RELATIONS SHOULD allow that government to intensify and ex- HOLD HEARINGS AND THE SEN- Resolved, That it is the sense of the Senate pand its military campaign there, further ATE SHOULD ACT ON THE CON- that— contributing to the suffering of the Chechen VENTION ON THE ELIMINATION (1) the Senate Foreign Relations Com- people; mittee should hold hearings on the conven- (2) the President of the Russian Federa- OF ALL FORMS OF DISCRIMINA- tion, Vladimir Putin, is responsible for the tion on the Elimination of All Forms of TION AGAINST WOMEN (CEDAW) conduct of Russian troops in and around Discrimnation Against Women (CEDAW); Mrs. BOXER (for herself, Mr. AKAKA, Chechnya and has an obligation to ensure and Mr. BIDEN, Mr. BINGAMAN, Ms. COLLINS, compliance with international humanitarian law and human rights norms, including the Mr. DASCHLE, Mr. DODD, Mr. DORGAN, (2) the Senate should act on CEDAW by obligation to prevent present and future Mr. DURBIN, Mr. FEINGOLD, Mrs. FEIN- July 19, 2000, the 20th anniversary of the signing of the convention by the United atrocities there, and to investigate fully STEIN, Mr. GRAHAM, Mr. HARKIN, Mr. States. atrocities already committed, and to ini- INOUYE, Mr. KERRY, Mr. KENNEDY, Ms. tiate, where appropriate, prosecutions LANDRIEU, Mr. LAUTENBERG, Mr. against those accused;

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S1999 (3) the Government of the Russian Federa- (B) provided full and unimpeded access well over 250,000 innocents; forcibly re- tion and the leadership of the Chechen Gov- into and around Chechnya to international located refugee populations; and com- ernment should immediately cease military monitors to assess and report on the situa- mitted widespread atrocities including operations in Chechnya and seek a nego- tion there and to investigate alleged atroc- summary executions, arbitrary deten- tiated settlement to the conflict there; ities and war crimes; tions, torture, and rape. While they (4) the President of the Russian Federation (C) granted international humanitarian should— agencies full and unimpeded access to claim to have begun to open up access (A) act immediately to end human rights Chechen civilians, including those in ref- to the region, the Russian government violations by Russian soldiers in Chechnya; ugee, detention, and ‘‘filtration’’ camps, or continues to effectively deny inter- (B) allow immediate, full, and unimpeded any other facility where citizens of national organizations full and access into and around Chechnya inter- Chechnya are detained; and unimpeded access into Chechnya to as- national monitors to assess and report on (D) begun to investigate fully atrocities sess and report on the situation there, the situation there and to investigate al- committed in Chechnya, including those al- to investigate alleged atrocities and leged in Alkhan-Yurt and Grozny, and initi- leged atrocities and war crimes; war crimes, and to provide humani- (C) allow international humanitarian agen- ated, where appropriate, prosecutions tarian relief. cies immediate, full, and unimpeded access against those accused. I am not alone in my concern about to Chechen civilians, including those in ref- Mr. WELLSTONE. Mr. President, I the situation in Chechnya. Last No- ugee, detention, and ‘‘filtration’’ camps, or rise today to draw attention to the vember both the House and Senate any other facility where citizens of continuing war in Chechnya and to re- passed resolutions expressing grave Chechnya are detained; and mind the international community concern regarding the armed conflict (D) investigate fully atrocities committed that our lack of vigorous and sustained in Chechnya, including those alleged in in the North Caucasus region of the action to respond to the conflict there Alkhan-Yurt and Grozny, and initiate, where Russian Federation and condemning could be too easily interpreted by the appropriate, prosecutions against those ac- the violence in Chechnya. On February cused; Russian Government as indifference to 24 of this year, the Senate unanimously (5) the President of the United States of it. We must act to again remind the agreed to Senate Resolution 262, call- America should— newly elected President of the Russian ing for a peaceful resolution to the con- (A) affirm respect for human rights, demo- Federation, Vladimir Putin, that he is flict in Chechnya, and Senate Resolu- cratic rule of law, and international account- responsible for the conduct of Russian ability as a foundation of United States for- tion 261, regarding the detention of the troops in and around Chechnya and has journalist Andrei Babitsky. Finally, eign policy; an obligation to ensure compliance (B) affirm respect for human rights, demo- just a few weeks ago on March 9, Sen- cratic rule of law, and international account- with international humanitarian law ate Resolution 269, regarding relations ability as a condition for continued United and human rights norms; and we must with the Russian Federation given its States-Russian cooperation; act to urge the Government of the Rus- conduct in Chechnya, was referred to (C) conduct a full and comprehensive re- sian Federation and the leadership of the Senate Foreign Relations Com- view of United States foreign policy toward the Chechen Government to imme- mittee. the Russian Federation with respect to its diately cease military operations in We have all read editorials on conduct in Chechnya, and its implications Chechnya and to seek a negotiated just Chechnya in the news media written by for United States-Russian relations; settlement to the conflict there. (D) promote peace negotiations between our own colleagues, witnessed a joint Today I am offering a Resolution conference on Chechnya by the Com- the Government of the Russian Federation which urges the Administration to and the leadership of the Chechen Govern- monwealth of Independent States ment through third-party mediation by the sponsor a Resolution condemning the Inter-parliamentary Assembly and the OSCE Assistance Group in Chechnya, the Russian Federation’s conduct in European Parliament, heard claims by United Nations, or other appropriate parties; Chechnya at the annual United Nations a leading Russian human rights activ- (E) publicly and openly support societal Human Rights Commission meeting ist who is also a member of the Russian forces in the Russian Federation working to that is currently underway in Geneva, Parliament offering fierce criticism of preserve democracy there, including empow- Switzerland, to support the appoint- the Russian government’s efforts in ering human rights activists and promoting ment of a U.N. Special Rapporteur for Chechnya, and listened as just this programs designed to strengthen the inde- Chechnya, and to place the war in past week at the annual meeting of the pendent media, trade unions, political par- Chechnya at the top of the agenda of ties, and other institutions of a democratic U.N. Human Rights Commission meet- civil society there; and all high-level diplomatic meetings in- ing in Geneva, Secretary Albright ob- (F) take further, more tangible steps to volving the United States and the Rus- jected to the indiscriminate use of demonstrate to the Government of the Rus- sian Federation. The United States force against civilians in Chechnya and sian Federation that the United States must publicly and actively affirm re- proclaimed that allegations of Russian strongly condemns its conduct in Chechnya spect for human rights, democratic human rights violations are serious and its unwillingness to find a just political rule of law and international account- and must be addressed urgently. In a solution to the conflict there, including— ability as a foundation of United phone call to congratulate President (i) sponsoring a Resolution at the 56th an- States policy and not simply pay them Putin on his victory in the Presidential nual meeting of the United Nations Human Rights Commission in Geneva, Switzerland, lip service. election, President Clinton expressed expressing the Commission’s serious concern Sunday night we watched as acting his hope that Mr. Putin would carry about reports of very grave violations of President Vladimir Putin was elected out impartial and transparent inves- human rights and humanitarian law in President of the Russian Federation. tigations of reported human rights vio- Chechnya, and including provisions, such as As the President of a fully sovereign lations in Chechnya and provide the establishment of a Commission of In- state I do not question President prompt and full access for inter- quiry, to investigate accusations of viola- Putin’s authority to combat what it national organizations and the press. tions of the Geneva Convention Relative to perceives as terrorism on its own soil But, Mr. President, even after all this the Protection of Civilian Persons in Time of and to ensure the integrity of its bor- commentary, and numerous meetings War, and other international humanitarian ders, nor do I dismiss credible reports law; designed to press the Russians to (ii) supporting the appointment of a United of grave violations of human rights on change course, the situation has Nations Special Rapporteur for Chechnya; both sides of this war. I do, however, changed hardly at all. and condemn the continuing indiscriminate I fully support Secretary Albright’s (iii) placing the war in Chechnya at the top use of force by the Russian military in decision to address the allegations of of the agenda of all high-level diplomatic Chechnya and the blatant disregard it gross human rights abuses by Russian meetings involving the United States and continues to show for international hu- soldiers in Chechnya in her address to the Russian Federation; and manitarian law there. the U.N. Commission on Human (6) the President of the United States Last month the Senate Foreign Rela- Rights, and the President’s raising this should not reverse actions taken under para- tions Committee heard evidence and graph (5)(f) until the Government of the Rus- issue again in his phone call to Presi- sian Federation has— testimony reporting that Russian dent Putin, but the grave situation in (A) acted forcefully and effectively to end forces in Chechnya have caused the Chechnya demands that we do more. human rights violations by Russian soldiers deaths of countless thousands of inno- The annual meeting of the U.N. Com- in Chechnya; cent civilians and the displacement of mission on Human Rights provides a

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2000 CONGRESSIONAL RECORD — SENATE March 30, 2000 major forum for addressing human On page 30, strike line 9 and insert the fol- rection of and for approval by the Board, rights concerns and for expressing lowing: ‘‘means by which local television shall prescribe regulations to implement the international commentary on the broadcast signals, and related signals (in- provisions of this Act and shall do so not cluding high-speed Internet access and Na- later than 120 days after funds authorized to human rights performance of all national Weather Service broadcasts),’’. be appropriated under section 10 of this Act tions. The Government of the Russian On page 33, between lines 23 and 24, insert have been appropriated in a bill signed into Federation must be held accountable the following: law. for its conduct in Chechnya and should (B) ADDITIONAL PRIORITY.—Among projects (2) ELEMENTS.—The regulations prescribed be forced to defend itself against alle- receiving a priority under subparagraph (A), under paragraph (1) shall— gations of grave human rights viola- the Board should also give an additional pri- (A) set forth the form of any application to tions there, in the full light of public ority to projects which also provide related be submitted to the Board under this Act; scrutiny. signals (including high-speed Internet access (B) set forth time periods for the review and National Weather Service broadcasts). and consideration by the Board of applica- The administration should bring a On page 33, line 24, strike ‘‘(B)’’ and insert tions to be submitted to the Board under resolution expressing the Commission’s ‘‘(C)’’. this Act, and for any other action to be serious concern about reports of gross taken by the Board with respect to such ap- human rights abuses and other viola- AMENDMENT NO. 2893 plications; tions of humanitarian law in On page 25, strike line 10 and all that fol- (C) provide appropriate safeguards against Chechnya, including provisions urging lows through page 33, line 25, and insert the the evasion of the provisions of this Act; following: (D) set forth the circumstances in which an the establishment of a Commission of signals of local television stations, and re- Inquiry to investigate violations of the applicant, together with any affiliate of an lated signals (including high-speed Internet applicant, shall be treated as an applicant Geneva Convention and other inter- access and National Weather Service broad- for a loan guarantee under this Act; national humanitarian law. It must casts), for households located in unserved (E) include requirements that appropriate also support the appointment of a areas and underserved areas. parties submit to the Board any documents United Nations Special Rapporteur for SEC. 3. LOCAL TELEVISION LOAN GUARANTEE and assurances that are required for the ad- Chechnya to assess and report on the BOARD. ministration of the provisions of this Act; situation there, and place the war in (a) ESTABLISHMENT.—There is established and the LOCAL Television Loan Guarantee Chechnya at the top of the agenda of (F) include such other provisions con- Board (in this Act referred to as the sistent with the purpose of this Act as the all high-level diplomatic meetings in- ‘‘Board’’). Board considers appropriate. volving the United States and the Rus- (b) MEMBERS.— (3) CONSTRUCTION.—(A) Nothing in this Act sian Federation. (1) IN GENERAL.—Subject to paragraph (2), shall be construed to prohibit the Board Mr. President, it is high time the the Board shall consist of the following from requiring, to the extent and under cir- United States expressed its commit- members: cumstances considered appropriate by the ment to human rights, democratic rule (A) The Secretary of the Treasury, or the Board, that affiliates of an applicant be sub- of law, and international account- designee of the Secretary. ject to certain obligations of the applicant as (B) The Chairman of the Board of Gov- a condition to the approval or maintenance ability through concrete action. We ernors of the Federal Reserve System, or the must send a message to the Russian of a loan guarantee under this Act. designee of the Chairman. (B) If any provision of this Act or the ap- Federation, as well as the inter- (C) The Secretary of Agriculture, or the plication of such provision to any person or national community, that respect for designee of the Secretary. entity or circumstance is held to be invalid these important principles will be a (2) REQUIREMENT AS TO DESIGNEES.—An in- by a court of competent jurisdiction, the re- condition for continued cooperation dividual may not be designated a member of mainder of this Act, or the application of with the United States. We must de- the Board under paragraph (1) unless the in- such provision to such person or entity or mand concrete action by the Govern- dividual is an officer of the United States circumstance other than those as to which it pursuant to an appointment by the Presi- ment of the Russian Federation to end is held invalid, shall not be affected thereby. dent, by and with the advice and consent of (c) AUTHORITY LIMITED BY APPROPRIATIONS human rights violations by Russian the Senate. ACTS.—The Board may approve loan guaran- soldiers in Chechnya, to investigate, (c) FUNCTIONS OF THE BOARD.— tees under this Act only to the extent pro- where appropriate, those accused of (1) IN GENERAL.—The Board shall determine vided for in advance in appropriations Acts. violations, and to ease the suffering of whether or not to approve loan guarantees The Board may delegate to the Adminis- civilians there. We must not be di- under this Act. The Board shall make such trator (as defined in section 5 of this Act) the verted by verbal commitments by the determinations consistent with the purpose authority to approve loan guarantees of up of this Act and in accordance with this sub- Russian leadership that never come to to $20,000,000. To the extent the Adminis- section and section 4 of this Act. trator is delegated such authority, the Ad- fruition. We need to exercise our lead- (2) CONSULTATION AUTHORIZED.— ministrator shall comply with the terms of ership now. The international commu- (A) IN GENERAL.—In carrying out its func- this Act applicable to the Board. nity and the people of Chechnya de- tions under this Act, the Board shall consult (d) REQUIREMENTS AND CRITERIA APPLICA- serve no less. with such departments and agencies of the BLE TO APPROVAL.— Federal Government as the Board considers (1) IN GENERAL.—The Board shall utilize f appropriate, including the Department of the underwriting criteria developed under AMENDMENTS SUBMITTED Commerce, the Department of Agriculture, subsection (g), and any relevant information the Department of the Treasury, the Depart- provided by the departments and agencies ment of Justice, the Department of the Inte- with which the Board consults under section LAUNCHING OUR COMMUNITIES’ rior, the Board of Governors of the Federal 3, to determine which loans may be eligible ACCESS TO LOCAL TELEVISION Reserve System, the Federal Communica- for a loan guarantee under this Act. ACT OF 2000 tions Commission, the Federal Trade Com- (2) PREREQUISITES.—In addition to meeting mission, and the National Aeronautics and the underwriting criteria under paragraph Space Administration. (1), a loan may not be guaranteed under this BAUCUS (AND OTHERS) (B) RESPONSE.—A department or agency Act unless— AMENDMENTS NOS. 2892–2893 consulted by the Board under subparagraph (A) the loan is made to finance the acquisi- (A) shall provide the Board such expertise tion, improvement, enhancement, construc- (Ordered to lie on the table.) and assistance as the Board requires to carry tion, deployment, launch, or rehabilitation Mr. BAUCUS (for himself, Mr. LEAHY, out its functions under this Act. of the means by which local television broad- and Mr. ROBB) submitted two amend- (3) APPROVAL BY MAJORITY VOTE.—The de- cast signals, and related signals (including ments intended to be proposed by them termination of the Board to approve a loan high-speed Internet access and National to the bill (S. 2097) to authorize loan guarantee under this Act shall be by a vote Weather Service broadcasts), will be deliv- guarantees in order to facilitate access of a majority of the Board. ered to an unserved area or underserved to local television broadcast signals in SEC. 4. APPROVAL OF LOAN GUARANTEES. area; (B) the proceeds of the loan will not be unserved and underserved areas, and (a) AUTHORITY TO APPROVE LOAN GUARAN- TEES.—Subject to the provisions of this sec- used for operating expenses; for other purposes; as follows: tion and consistent with the purpose of this (C) the proposed project, as determined by AMENDMENT NO. 2892 Act, the Board may approve loan guarantees the Board in consultation with the National On page 25, line 10, insert after ‘‘local tele- under this Act. Telecommunications and Information Ad- vision stations’’ the following: ‘‘, and related (b) REGULATIONS.— ministration, is not likely to have a substan- signals (including high-speed Internet access (1) REQUIREMENTS.—The Administrator (as tial adverse impact on competition that out- and National Weather Service broadcasts),’’. defined in section 5 of this Act), under the di- weighs the benefits of improving access to

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S2001 the signals of a local television station in an LEAHY (AND BAUCUS) and assistance as the Board requires to carry unserved area or underserved area; AMENDMENTS NOS. 2894–2895 out its functions under this Act. (D) the loan is provided by an insured de- (3) APPROVAL BY MAJORITY VOTE.—The depository institution (as that term is defined (Ordered to lie on the table.) termination of the Board to approve a loan in section 3 of the Federal Deposit Insurance Mr. LEAHY (for himself and Mr. BAU- guarantee under this Act shall be by a vote Act) that is acceptable to the Board, and has CUS) submitted two amendments in- of a majority of the Board. terms, in the judgment of the Board, that tended to be proposed by them to the SEC. 4. APPROVAL OF LOAN GUARANTEES. are consistent in material respects with the bill, S. 2097, supra; as follows: (a) AUTHORITY TO APPROVE LOAN GUARAN- terms of similar obligations in the private AMENDMENT NO. 2894 TEES.—Subject to the provisions of this sec- capital market; tion and consistent with the purpose of this (E) repayment of the loan is required to be On page 25, line 10, insert after ‘‘local tele- Act, the Board may approve loan guarantees made within a term of the lesser of— vision stations’’ the following: ‘‘, and related signals (including high-speed Internet access under this Act. (i) 25 years from the date of the execution and National Weather Service broadcasts),’’. of the loan; or (b) REGULATIONS.— On page 30, strike line 9 and insert the fol- (ii) the economically useful life, as deter- (1) REQUIREMENTS.—The Administrator (as lowing: ‘‘means (including spectrum rights) mined by the Board or in consultation with defined in section 5 of this Act), under the di- by which local television broadcast signals, persons or entities deemed appropriate by rection of and for approval by the Board, and related signals (including high-speed the Board, of the primary assets to be used shall prescribe regulations to implement the Internet access and National Weather Serv- in the delivery of the signals concerned; and provisions of this Act and shall do so not ice broadcasts),’’. (F) the loan meets any additional criteria later than 120 days after funds authorized to On page 33, between lines 23 and 24, insert developed under subsection (g). be appropriated under section 10 of this Act the following: have been appropriated in a bill signed into (3) PROTECTION OF UNITED STATES FINANCIAL (B) ADDITIONAL PRIORITY.—Among projects law. INTERESTS.—The Board may not approve the receiving a priority under subparagraph (A), LEMENTS.—The regulations prescribed guarantee of a loan under this Act unless— (2) E the Board should also give an additional pri- under paragraph (1) shall— (A) the Board has been given documenta- ority to projects which also provide related (A) set forth the form of any application to tion, assurances, and access to information, signals (including high-speed Internet access be submitted to the Board under this Act; persons, and entities necessary, as deter- and National Weather Service broadcasts). (B) set forth time periods for the review mined by the Board, to address issues rel- On page 33, line 24, strike ‘‘(B)’’ and insert and consideration by the Board of applica- evant to the review of the loan by the Board ‘‘(C)’’. tions to be submitted to the Board under for purposes of this Act; and AMENDMENT NO. 2895 this Act, and for any other action to be (B) the Board makes a determination in taken by the Board with respect to such ap- writing that— On page 25, strike line 10 and all that fol- plications; (i) to the best of its knowledge upon due lows through page 33, line 25, and insert the (C) provide appropriate safeguards against inquiry, the assets, facilities, or equipment following: signals of local television stations, and re- the evasion of the provisions of this Act; covered by the loan will be utilized economi- (D) set forth the circumstances in which an cally and efficiently; lated signals (including high-speed Internet access and National Weather Service broad- applicant, together with any affiliate of an (ii) the terms, conditions, security, and applicant, shall be treated as an applicant schedule and amount of repayments of prin- casts), for households located in unserved areas and underserved areas. for a loan guarantee under this Act; cipal and the payment of interest with re- (E) include requirements that appropriate spect to the loan protect the financial inter- SEC. 3. LOCAL TELEVISION LOAN GUARANTEE BOARD. parties submit to the Board any documents ests of the United States and are reasonable; and assurances that are required for the ad- (iii) to the extent possible, the value of col- (a) ESTABLISHMENT.—There is established the LOCAL Television Loan Guarantee ministration of the provisions of this Act; lateral provided by an applicant is at least and equal to the unpaid balance of the loan Board (in this Act referred to as the ‘‘Board’’). (F) include such other provisions con- amount covered by the loan guarantee (the sistent with the purpose of this Act as the (b) MEMBERS.— ‘‘Amount’’ for purposes of this clause); and if Board considers appropriate. the value of collateral provided by an appli- (1) IN GENERAL.—Subject to paragraph (2), the Board shall consist of the following (3) CONSTRUCTION.—(A) Nothing in this Act cant is less than the Amount, the additional shall be construed to prohibit the Board required collateral is provided by any affil- members: (A) The Secretary of the Treasury, or the from requiring, to the extent and under cir- iate of the applicant; and if the combined cumstances considered appropriate by the value of collateral provided by an applicant designee of the Secretary. (B) The Chairman of the Board of Gov- Board, that affiliates of an applicant be sub- and any affiliate is not at least equal to the ject to certain obligations of the applicant as Amount, the collateral from such affiliate ernors of the Federal Reserve System, or the designee of the Chairman. a condition to the approval or maintenance represents all of such affiliate’s assets; of a loan guarantee under this Act. (iv) all necessary and required regulatory (C) The Secretary of Agriculture, or the designee of the Secretary. (B) If any provision of this Act or the ap- and other approvals, spectrum rights, and plication of such provision to any person or (2) REQUIREMENT AS TO DESIGNEES.—An in- delivery permissions have been received for dividual may not be designated a member of entity or circumstance is held to be invalid the loan, the project under the loan, and the the Board under paragraph (1) unless the in- by a court of competent jurisdiction, the re- Other Debt, if any, under subsection (f)(2)(B); dividual is an officer of the United States mainder of this Act, or the application of (v) the loan would not be available on rea- pursuant to an appointment by the Presi- such provision to such person or entity or sonable terms and conditions without a loan dent, by and with the advice and consent of circumstance other than those as to which it guarantee under this Act; and the Senate. is held invalid, shall not be affected thereby. (vi) repayment of the loan can reasonably (c) FUNCTIONS OF THE BOARD.— (c) AUTHORITY LIMITED BY APPROPRIATIONS be expected. (1) IN GENERAL.—The Board shall determine ACTS.—The Board may approve loan guaran- (e) CONSIDERATIONS.— whether or not to approve loan guarantees tees under this Act only to the extent pro- (1) TYPE OF MARKET.— under this Act. The Board shall make such vided for in advance in appropriations Acts. (A) PRIORITY CONSIDERATIONS.—To the determinations consistent with the purpose The Board may delegate to the Adminis- maximum extent practicable, the Board of this Act and in accordance with this sub- trator (as defined in section 5 of this Act) the shall give priority in the approval of loan section and section 4 of this Act. authority to approve loan guarantees of up guarantees under this Act in the following (2) CONSULTATION AUTHORIZED.— to $20,000,000. To the extent the Adminis- order: First, to projects that will serve the (A) IN GENERAL.—In carrying out its func- trator is delegated such authority, the Ad- greatest number of households in unserved tions under this Act, the Board shall consult ministrator shall comply with the terms of areas; and second, to projects that will serve with such departments and agencies of the this Act applicable to the Board. the greatest number of households in under- Federal Government as the Board considers (d) REQUIREMENTS AND CRITERIA APPLICA- served areas. In each instance, the Board appropriate, including the Department of BLE TO APPROVAL.— shall consider the project’s estimated cost Commerce, the Department of Agriculture, (1) IN GENERAL.—The Board shall utilize per household to be served. the Department of the Treasury, the Depart- the underwriting criteria developed under (B) ADDITIONAL PRIORITY.—Among projects ment of Justice, the Department of the Inte- subsection (g), and any relevant information receiving a priority under subparagraph (A), rior, the Board of Governors of the Federal provided by the departments and agencies the Board should also give an additional pri- Reserve System, the Federal Communica- with which the Board consults under section ority to projects which also provide related tions Commission, the Federal Trade Com- 3, to determine which loans may be eligible signals (including high-speed Internet access mission, and the National Aeronautics and for a loan guarantee under this Act. and National Weather Service broadcasts). Space Administration. (2) PREREQUISITES.—In addition to meeting (C) PROHIBITION.—The Board may not ap- (B) RESPONSE.—A department or agency the underwriting criteria under paragraph prove a loan guarantee under this Act for a consulted by the Board under subparagraph (1), a loan may not be guaranteed under this *** (A) shall provide the Board such expertise Act unless—

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2002 CONGRESSIONAL RECORD — SENATE March 30, 2000 (A) the loan is made to finance the acquisi- greatest number of households in unserved acceptable documentation evidencing the tion, improvement, enhancement, construc- areas; and second, to projects that will serve maintenance of such debt rating; tion, deployment, launch, or rehabilitation the greatest number of households in under- ‘‘(IV) for purposes of subclause (i)(I)(bb), of the means (including spectrum rights) by served areas. In each instance, the Board the term ‘net equity’ means the value of the which local television broadcast signals, and shall consider the project’s estimated cost issued and outstanding voting and nonvoting related signals (including high-speed Inter- per household to be served. interests of the entity, less the total liabil- net access and National Weather Service (B) ADDITIONAL PRIORITY.—Among projects ities of the entity, as recorded under gen- broadcasts), will be delivered to an unserved receiving a priority under subparagraph (A), erally accepted accounting principles for the area or underserved area; the Board should also give an additional pri- fiscal quarter ended immediately prior to (B) the proceeds of the loan will not be ority to projects which also provide related the date on which the subject loan is used for operating expenses; signals (including high-speed Internet access approved;’’. (C) the proposed project, as determined by and National Weather Service broadcasts). the Board in consultation with the National (C) PROHIBITION.—The Board may not ap- JOHNSON AMENDMENT NO. 2898 Telecommunications and Information Ad- prove a loan guarantee under this Act for a ministration, is not likely to have a substan- *** Mr. JOHNSON proposed an amend- tial adverse impact on competition that out- ment to amendment No. 2897 proposed weighs the benefits of improving access to by Mr. GRAMM to the bill, S. 2097, the signals of a local television station in an supra; as follows: unserved area or underserved area; BUNNING AMENDMENT NO. 2896 (D) the loan is provided by an insured de- In lieu of the language proposed to be in- pository institution (as that term is defined Mr. BUNNING proposed an amend- serted, insert the following: in section 3 of the Federal Deposit Insurance ment to the bill, S. 2097, supra; as ‘‘(D) the loan is provided by an insured de- Act) that is acceptable to the Board, and has follows: pository institution (as defined in section 3 terms, in the judgment of the Board, that On page 33, between lines 11 and 12, insert of the F.D.I. Act) that is acceptable to the are consistent in material respects with the the following: Board, or any lender that (i) has not fewer terms of similar obligations in the private (4) REQUIREMENT RELATING TO APPLICANT than one issue of outstanding debt that is capital market; RECEIVING ENTIRE GUARANTEE AMOUNT.—The rated within the highest three rating cat- (E) repayment of the loan is required to be entire amount of the guarantee available egories of a nationally recognized statistical made within a term of the lesser of— under subsection (f) may not be provided for rating agency; or (ii) has provided financing (i) 25 years from the date of the execution the guarantee of a single loan unless the ap- to entities with outstanding debt from the of the loan; or plicant for the loan agrees to provide in each Rural Utilities Service and which possess, in (ii) the economically useful life, as deter- unserved area and underserved area of each the judgment of the Board, the expertise, ca- mined by the Board or in consultation with State the signals of all local television sta- pacity and capital strength to provide fi- persons or entities deemed appropriate by tions broadcast in such State. nancing pursuant to this Act and has terms, the Board, of the primary assets to be used in the judgment of the Board, that are con- in the delivery of the signals concerned; and sistent in material respects with the terms (F) the loan meets any additional criteria GRAMM AMENDMENT NO. 2897 of similar obligations in the private capital developed under subsection (g). Mr. GRAMM proposed an amendment market; (3) PROTECTION OF UNITED STATES FINANCIAL to the bill, S. 2097, supra; as follows: INTERESTS.—The Board may not approve the guarantee of a loan under this Act unless— On page 30, strike line 22 and all that fol- THE GAS TAX REPEAL ACT (A) the Board has been given documenta- lows through page 31, line 3, and insert the tion, assurances, and access to information, following: persons, and entities necessary, as deter- ‘‘(D)(i) the loan (including Other Debt, as KENNEDY (AND OTHERS) mined by the Board, to address issues rel- defined in subsection (f)(2)(B))— AMENDMENT NO. 2899 evant to the review of the loan by the Board ‘‘(I) is provided by any entity engaged in for purposes of this Act; and the business of commercial lending— (Ordered to lie on the table.) (B) the Board makes a determination in ‘‘(aa) if the loan is made in accordance Mr. KENNEDY (for himself, Mr. writing that— with loan-to-one-borrower and affiliate DASCHLE, Mr. AKAKA, Mrs. BOXER, Mr. (i) to the best of its knowledge upon due transaction restrictions to which the entity DURBIN, Mr. SARBANES, Mr. inquiry, the assets, facilities, or equipment is subject under applicable law; or WELLSTONE, Mr. REED, Ms. MIKULSKI, ‘‘(bb) if subclause (aa) does not apply, the covered by the loan will be utilized economi- and Mr. ROBB) submitted an amend- loan is made only to a borrower that is not cally and efficiently; ment intended to be proposed by them (ii) the terms, conditions, security, and an affiliate of the entity and only if the schedule and amount of repayments of prin- amount of the loan and all outstanding loans to the bill (S. 2285) instituting a Fed- cipal and the payment of interest with re- by that entity to that borrower and any of eral fuels tax holiday; as follows: spect to the loan protect the financial inter- its affiliates does not exceed 10 percent of At the appropriate place, insert the fol- ests of the United States and are reasonable; the net equity of the entity; or lowing: (iii) to the extent possible, the value of col- ‘‘(II) is provided by a nonprofit corporation TITLE II— lateral provided by an applicant is at least engaged primarily in commercial lending, if equal to the unpaid balance of the loan the Board determines that the nonprofit cor- SEC. 201. SHORT TITLE. amount covered by the loan guarantee (the poration has one or more issues of out- This title may be cited as the ‘‘Minimum ‘‘Amount’’ for purposes of this clause); and if standing long term debt that is rated within Wage Increase Act of 2000’’. the value of collateral provided by an appli- the highest 3 rating categories of a nation- SEC. 202. MINIMUM WAGE. cant is less than the Amount, the additional ally recognized statistical rating organiza- Section 6(a)(1) of the Fair Labor Standards required collateral is provided by any affil- tion, and that such rating will not decline Act of 1938 (29 U.S.C. 206(a)(1)) is amended to iate of the applicant; and if the combined upon the nonprofit corporation’s approval read as follows: value of collateral provided by an applicant and funding of the loan; ‘‘(1) except as otherwise provided in this and any affiliate is not at least equal to the ‘‘(ii)(I) no loan (including Other Debt as de- section, not less than— Amount, the collateral from such affiliate fined in subsection (f)(2)(B)) may be made by ‘‘(A) $5.15 an hour beginning September 1, represents all of such affiliate’s assets; a governmental entity or affiliate thereof, or 1997, (iv) all necessary and required regulatory a Government-sponsored enterprise as de- ‘‘(B) $5.65 an hour during the year begin- and other approvals, spectrum rights, and fined in section 1404(e)(1)(A) of the Financial ning April 1, 2000, and delivery permissions have been received for Institutions Reform, Recovery, and Enforce- ‘‘(C) $6.15 an hour beginning April 1, 2001;’’. the loan, the project under the loan, and the ment Act of 1989 (12 U.S.C. 1811 note) or any SEC. 203. MINIMUM WAGE IN THE COMMON- Other Debt, if any, under subsection (f)(2)(B); affiliate thereof; WEALTH OF THE NORTHERN MAR- (v) the loan would not be available on rea- ‘‘(II) any loan (including Other Debt as de- IANA ISLANDS. sonable terms and conditions without a loan fined in subsection (f)(2)(B)) must have (a) IN GENERAL.—Subject to subsection (b), guarantee under this Act; and terms, in the judgment of the Board, that the provisions of section 6 of the Fair Labor (vi) repayment of the loan can reasonably are consistent in material respects with the Standards Act of 1938 (29 U.S.C. 206) shall be expected. terms of similar obligations in the private apply to the Commonwealth of the Northern (e) CONSIDERATIONS.— capital market; Mariana Islands. (1) TYPE OF MARKET.— ‘‘(III) if a nonprofit corporation fails to (b) TRANSITION.— (A) PRIORITY CONSIDERATIONS.—To the maintain the debt rating required by sub- (1) IN GENERAL.—Notwithstanding sub- maximum extent practicable, the Board clause (i)(II), the subject loan shall be sold to section (a), the minimum wage applicable to shall give priority in the approval of loan another entity described in clause (i) the Commonwealth of the Northern Mariana guarantees under this Act in the following through an arm’s length transaction, and the Islands under section 6(a)(1) of the Fair order: First, to projects that will serve the Board shall by regulation specify forms of Labor Standards Act of 1938 (29 U.S.C.

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S2003 206(a)(1)) shall be $3.55 an hour beginning on apparatus, the Secretary of Transportation poration has one or more issues of out- the date that is 30 days after the date of en- is authorized, subject to the provisions of standing long term debt that is rated within actment of this section. this Section, to approve loans guarantees re- the highest 3 rating categories of a nation- (2) INCREASES IN MINIMUM WAGE.— lating to space launch vehicles. For this pur- ally recognized statistical rating organiza- (A) IN GENERAL.—On the date that is 6 pose, the credit assistance program estab- tion, and, if the Board determines that the months after the date of enactment of this lished in Section 1503 of Chapter 1 of Subtitle making of the loan by such nonprofit cor- Act, and every 6 months thereafter, the min- E of the Transportation Equity Act for the poration will cause a decline in the debt rat- imum wage applicable to the Commonwealth 21st Century, Pub. L. No. 105–178, is expanded ing mentioned above, the Board at its discre- of the Northern Mariana Islands under sec- to include projects for the design, develop- tion may disapprove the loan guarantee on tion 6(a)(1) of the Fair Labor Standards Act ment, and construction of space transpor- this basis; of 1938 (29 U.S.C. 206(a)(1)) shall be increased tation systems and infrastructure, including ‘‘(ii)(I) no loan (including Other Debt as de- by $0.50 per hour (or such a lesser amount as launch and reentry vehicles subject to the li- fined in subsection (f)(2)(B)) may be made for may be necessary to equal the minimum censing requirements of Section 70104 of purposes of this Act by a governmental enti- wage under such section) until such time as Title 49, United States Code. ty or affiliate thereof, or by the Federal Ag- the minimum wage applicable to the Com- ‘‘(b) FUNDING.—To fund the cost to the ricultural Mortgage Corporation, or any in- monwealth of the Northern Mariana Islands Government of loan guarantees provided stitution supervised by the Office of Federal under this subsection is equal to the min- under this Section for space transportation Housing Enterprise Oversight, the Federal imum wage set forth in section 6(a)(1) of systems and infrastructure projects, there is Housing Finance Board, or any affiliate of such Act for the date involved. authorized to be appropriated $250 million such entities; (B) FURTHER INCREASES.—With respect to for Fiscal Year 2001, and such other sums as ‘‘(II) any loan (including Other Debt as de- dates beginning after the minimum wage ap- may be necessary for each of Fiscal Years fined in subsection (f)(2)(B)) must have plicable to the Commonwealth of the North- 2002 through 2005. From funds made available terms, in the judgment of the Board, that ern Mariana Islands is equal to the minimum under this subsection, the Secretary of are consistent in material respects with the wage set forth in section 6(a)(1) of the Fair Transportation, for the administration of terms of similar obligations in the private Labor Standards Act of 1938 (29 U.S.C. the program, may use not more than $2 mil- capital market; 206(a)(1)), as provided in subparagraph (A), lion for each of Fiscal Years 2001 through ‘‘(III) for purposes of subclause (i)(I)(bb), such applicable minimum wage shall be im- 2005. For each of Fiscal Years 2001 through the term ‘net equity’ means the value of the mediately increased so as to remain equal to 2005, principal amount of Federal credit in- total assets of the entity, less the total li- the minimum wage set forth in section struments made available for space transpor- abilities of the entity, as recorded under gen- 6(a)(1) of such Act for the date involved. tation systems and infrastructure projects erally accepted accounting principles for the shall be limited to the same amounts set fiscal quarter ended immediately prior to THE LAUNCHING OUR COMMU- forth in Section 1503 of Chapter 1 of Subtitle the date on which the subject loan is approved;’’. NITIES’ ACCESS TO LOCAL TELE- E of the Transportation Equity Act for the 21st Century, Pub. L. No. 105–178. VISION ACT OF 2000 ‘‘(c) REGULATORY AUTHORITY.—To carry ESTUARY HABITAT RESTORATION out the provisions of this Section, the Sec- PARTNERSHIP ACT OF 1999 retary shall, within 120 days after enactment BAUCUS (AND OTHERS) of this Act, adopt such regulations as he rea- AMENDMENT NO. 2900 sonably deems necessary. Such regulations SMITH AMENDMENT NO. 2904 shall not be inconsistent with the provisions Mr. BAUCUS (for himself, Mr. LEAHY, Mr. SMITH of New Hampshire pro- Mr. ROBB, Mr. KENNEDY, Mr. STEVENS, of Section 5 of S. 2097, the ‘‘Launching Our Communities’ Access to Local Television posed an amendment to the bill (S. 835) Mr. WELLSTONE, Mr. BURNS, Mr. MUR- Act of 2000.’’ to encourage the restoration of estuary KOWSKI, Mrs. LINCOLN, and Mr. INOUYE) habitat through more efficient project proposed an amendment to the bill, S. GRAMM (FOR HATCH) AMENDMENT financing and enhanced coordination of 2097, supra; as follows: NO. 2902 Federal and non-Federal restoration On page 25, line 10, insert after ‘‘local tele- programs, and for other purposes; as Mr. GRAMM (for Mr. HATCH) provision stations’’ the following: ‘‘, and related follows: signals (including high-speed Internet access posed an amendment to the bill, S. and National Weather Service broadcasts),’’. 2097, supra; as follows: Strike all after the enacting clause and insert the following: On page 30, strike line 9 and insert the fol- On page 49, strike lines 1 through 13 and in- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. lowing: ‘‘means by which local television sert the following: broadcast signals, and related signals (in- (a) SHORT TITLE.—This Act may be cited as SEC. 8. DEFINITIONS. cluding high-speed Internet access and Na- the ‘‘Estuary Habitat and Chesapeake Bay tional Weather Service broadcasts),’’. On page 50, line 23, strike ‘‘10.’’ and insert Restoration Act of 2000’’. On page 33, between lines 23 and 24, insert ‘‘9.’’ (b) TABLE OF CONTENTS.—The table of con- the following: tents of this Act is as follows: (B) ADDITIONAL CONSIDERATIONS.—To the JOHNSON (AND OTHERS) Sec. 1. Short title; table of contents. maximum extent practicable the Board AMENDMENT NO. 2903 TITLE I—ESTUARY HABITAT should give additional consideration to RESTORATION projects which also provide related signals Mr. JOHNSON (for himself, Mr. GRAMM, Mr. THOMAS, Mr. GRAMS, and Sec. 101. Short title. (including high-speed Internet access and Sec. 102. Findings. National Weather Service broadcasts). Mr. BURNS) proposed an amendment to Sec. 103. Purposes. On page 33, line 24, strike ‘‘(B)’’ and insert the bill, S. 2097, supra; as follows: Sec. 104. Definitions. ‘‘(C)’’. On page 30, strike line 22 and all that fol- Sec. 105. Establishment of Collaborative lows through page 31, line 3, and insert the Council. BREAUX AMENDMENT NO. 2901 following: Sec. 106. Duties of Collaborative Council. ‘‘(D)(i) the loan (including Other Debt, as Sec. 107. Cost sharing of estuary habitat res- Mr. BREAUX proposed an amend- defined in subsection (f)(2)(B))— toration projects. ment to the bill, S. 2097, supra; as fol- ‘‘(I) is provided by any entity engaged in Sec. 108. Monitoring and maintenance of es- lows: the business of commercial lending— tuary habitat restoration At the appropriate place insert the fol- ‘‘(aa) if the loan is made in accordance projects. lowing: with loan-to-one-borrower and affiliate Sec. 109. Cooperative agreements; memo- Section 4(d)(2)(a) of S. 2097 is amended by transaction restrictions to which the entity randa of understanding. Sec. 110. Distribution of appropriations for striking the word ‘‘launch,’’. is subject under applicable law; or estuary habitat restoration ac- S. 2097 is amended by inserting the fol- ‘‘(bb) if subclause (aa) does not apply, the tivities. lowing Section 5A: loan is made only to a borrower that is not Sec. 111. Authorization of appropriations. ‘‘SEC. 5A. APPROVAL AND ADMINISTRATION OF an affiliate of the entity and only if the Sec. 112. National estuary program. LOAN GUARANTEES RELATING TO amount of the loan and all outstanding loans Sec. 113. General provisions. LAUNCH VEHICLES. by that entity to that borrower and any of TITLE II—CHESAPEAKE BAY ‘‘(a) AUTHORITY TO APPROVE LOAN GUARAN- its affiliates does not exceed 10 percent of RESTORATION TEES RELATING TO LAUNCH VEHICLES.—To the net equity of the entity; or further the purposes of this Act including to ‘‘(II) is provided by a nonprofit corpora- Sec. 201. Short title. reduce costs necessary to facilitate access to tion, including the National Rural Utilities Sec. 202. Findings and purposes. local television broadcast signals in Cooperative Finance Corporation, engaged Sec. 203. Chesapeake Bay restoration. unserved and underserved areas, without un- primarily in commercial lending, if the TITLE III—LONG ISLAND SOUND necessarily creating a new administrative Board determines that such nonprofit cor- Sec. 301. Reauthorization.

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0655 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2004 CONGRESSIONAL RECORD — SENATE March 30, 2000 TITLE I—ESTUARY HABITAT areas, shellfish beds, sea grass meadows, kelp carried out, but not less often than quar- RESTORATION beds, river deltas, and river and stream terly. SEC. 101. SHORT TITLE. banks under tidal influence. (d) COLLABORATIVE COUNCIL PROCEDURES.— This title may be cited as the ‘‘Estuary (5) ESTUARY HABITAT RESTORATION ACTIV- (1) QUORUM.—Three members of the Col- Habitat Restoration Partnership Act of ITY.— laborative Council shall constitute a 2000’’. (A) IN GENERAL.—The term ‘‘estuary habi- quorum. SEC. 102. FINDINGS. tat restoration activity’’ means an activity (2) VOTING AND MEETING PROCEDURES.—The Congress finds that— that results in improving degraded estuary Collaborative Council shall establish proce- (1) estuaries provide some of the most eco- habitat (including both physical and func- dures for voting and the conduct of meetings logically and economically productive habi- tional restoration), with the goal of attain- by the Council. tat for an extensive variety of plants, fish, ing a self-sustaining system integrated into SEC. 106. DUTIES OF COLLABORATIVE COUNCIL. the surrounding landscape. wildlife, and waterfowl; (a) ESTUARY HABITAT RESTORATION STRAT- (B) INCLUDED ACTIVITIES.—The term ‘‘estu- (2) the estuaries and coastal regions of the EGY.— ary habitat restoration activity’’ includes— United States are home to one-half the popu- (1) IN GENERAL.—Not later than 1 year after lation of the United States and provide es- (i) the reestablishment of physical features the date of enactment of this Act, the Col- and biological and hydrologic functions; sential habitat for 75 percent of the commer- laborative Council, in consultation with non- (ii) except as provided in subparagraph cial fish and 80 to 90 percent of the rec- Federal participants, including nonprofit (C)(ii), the cleanup of contamination related reational fish catches of the United States; sectors, as appropriate, shall develop an es- to the restoration of estuary habitat; (3) estuaries are gravely threatened by tuary habitat restoration strategy designed (iii) the control of non-native and invasive habitat alteration and loss from pollution, to ensure a comprehensive approach to the species; development, and overuse; selection and prioritization of estuary habi- (iv) the reintroduction of native species (4) successful restoration of estuaries de- tat restoration projects and the coordination through planting or natural succession; and mands the coordination of Federal, State, of Federal and non-Federal activities related (v) other activities that improve estuary and local estuary habitat restoration pro- to restoration of estuary habitat. habitat. grams; and (2) INTEGRATION OF PREVIOUSLY AUTHORIZED (C) EXCLUDED ACTIVITIES.—The term ‘‘estu- (5) the Federal, State, local, and private ary habitat restoration activity’’ does not ESTUARY HABITAT RESTORATION PLANS, PRO- cooperation in estuary habitat restoration include— GRAMS, AND PARTNERSHIPS.—In developing activities in existence on the date of enact- (i) an act that constitutes mitigation for the estuary habitat restoration strategy, the ment of this Act should be strengthened and the adverse effects of an activity regulated Collaborative Council shall— new public and public-private estuary habi- or otherwise governed by Federal or State (A) conduct a review of— tat restoration partnerships established. law; or (i) Federal estuary management or habitat SEC. 103. PURPOSES. (ii) an act that constitutes restitution for restoration plans; and The purposes of this Act are— natural resource damages required under any (ii) Federal programs established under (1) to establish a voluntary program to re- Federal or State law. other law that provide funding for estuary store 1,000,000 acres of estuary habitat by habitat restoration activities; (6) ESTUARY HABITAT RESTORATION 2010; (B) develop a set of proposals for— PROJECT.—The term ‘‘estuary habitat res- (2) to ensure coordination of Federal, toration project’’ means an estuary habitat (i) using programs established under this State, and community estuary habitat res- restoration activity under consideration or Act or any other Act to maximize the incen- toration programs, plans, and studies; selected by the Collaborative Council, in ac- tives for the creation of new public-private (3) to establish effective estuary habitat cordance with this title, to receive financial, partnerships to carry out estuary habitat restoration partnerships among public agen- technical, or another form of assistance. restoration projects; and cies at all levels of government and between (ii) using Federal resources to encourage (7) ESTUARY HABITAT RESTORATION STRAT- the public and private sectors; increased private sector involvement in estu- EGY.—The term ‘‘estuary habitat restoration (4) to promote efficient financing of estu- strategy’’ means the estuary habitat restora- ary habitat restoration activities; and ary habitat restoration activities; and tion strategy developed under section 106(a). (C) ensure that the estuary habitat res- (5) to develop and enhance monitoring and toration strategy is developed and will be (8) FEDERAL ESTUARY MANAGEMENT OR HABI- research capabilities, through use of the en- implemented in a manner that is consistent TAT RESTORATION PLAN.—The term ‘‘Federal vironmental technology innovation program estuary management or habitat restoration with the findings and requirements of Fed- associated with the National Estuarine Re- plan’’ means any Federal plan for restora- eral estuary management or habitat restora- search Reserve System (established by section of degraded estuary habitat that— tion plans. tion 315 of the Coastal Zone Management Act (A) was developed by a public body with (3) ELEMENTS TO BE CONSIDERED.—Con- of 1972 (16 U.S.C. 1461)), to ensure that res- the substantial participation of appropriate sistent with the requirements of this section, toration efforts are based on sound scientific public and private stakeholders; and the Collaborative Council, in the develop- understanding and innovative technologies. (B) reflects a community-based planning ment of the estuary habitat restoration SEC. 104. DEFINITIONS. process. strategy, shall consider— In this title: (A) the contributions of estuary habitat (9) SECRETARY.—The term ‘‘Secretary’’ (1) COLLABORATIVE COUNCIL.—The term means the Secretary of the Army, or a des- to— ‘‘Collaborative Council’’ means the inter- ignee. (i) wildlife, including endangered and agency council established by section 105. threatened species, migratory birds, and (10) UNDER SECRETARY.—The term ‘‘Under (2) DEGRADED ESTUARY HABITAT.—The term Secretary’’ means the Under Secretary for resident species of an estuary watershed; ‘‘degraded estuary habitat’’ means estuary Oceans and Atmosphere of the Department (ii) fish and shellfish, including commer- habitat where natural ecological functions of Commerce, or a designee. cial and sport fisheries; have been impaired and normal beneficial (iii) surface and ground water quality and SEC. 105. ESTABLISHMENT OF COLLABORATIVE uses have been reduced. COUNCIL. quantity, and flood control; (3) ESTUARY.—The term ‘‘estuary’’ means— (a) COLLABORATIVE COUNCIL.—There is es- (iv) outdoor recreation; and (A) a body of water in which fresh water tablished an interagency council to be (v) other areas of concern that the Collabo- from a river or stream meets and mixes with known as the ‘‘Estuary Habitat Restoration rative Council determines to be appropriate salt water from the ocean, including the area Collaborative Council’’. for consideration; located in the Great Lakes Biogeographic (b) MEMBERSHIP.— (B) the estimated historic losses, esti- Region and designated as a National Estua- (1) IN GENERAL.—The Collaborative Council mated current rate of loss, and extent of the rine Research Reserve under the Coastal shall be composed of the Secretary, the threat of future loss or degradation of each Zone Management Act of 1972 (16 U.S.C. 1451 Under Secretary, the Administrator of the type of estuary habitat; and et seq.) as of the date of enactment of this Environmental Protection Agency, and the (C) the most appropriate method for select- Act; and Secretary of the Interior (acting through the ing a balance of smaller and larger estuary (B) the physical, biological, and chemical Director of the United States Fish and Wild- habitat restoration projects. elements associated with such a body of life Service), or their designees. (4) ADVICE.—The Collaborative Council water. (2) CHAIRPERSON; LEAD AGENCY.—The Sec- shall seek advice in restoration of estuary (4) ESTUARY HABITAT.— retary, or designee, shall chair the Collabo- habitat from experts in the private and non- (A) IN GENERAL.—The term ‘‘estuary habi- rative Council, and the Department of the profit sectors to assist in the development of tat’’ means the complex of physical and hy- Army shall serve as the lead agency. an estuary habitat restoration strategy. drologic features and living organisms with- (c) CONVENING OF COLLABORATIVE COUN- (5) PUBLIC REVIEW AND COMMENT.—Before in estuaries and associated ecosystems. CIL.—The Secretary shall— adopting a final estuary habitat restoration (B) INCLUSIONS.—The term ‘‘estuary habi- (1) convene the first meeting of the Col- strategy, the Collaborative Council shall tat’’ includes salt and fresh water coastal laborative Council not later than 30 days publish in the Federal Register a draft of the marshes, coastal forested wetlands and other after the date of enactment of this Act; and estuary habitat restoration strategy and coastal wetlands, maritime forests, coastal (2) convene additional meetings as often as provide an opportunity for public review and grasslands, tidal flats, natural shoreline appropriate to ensure that this title is fully comment.

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(b) PROJECT APPLICATIONS.— required non-Federal cooperation for the SEC. 108. MONITORING AND MAINTENANCE OF (1) IN GENERAL.—An application for an es- project. ESTUARY HABITAT RESTORATION tuary habitat restoration project shall origi- (2) NONPROFIT ENTITIES.—Notwithstanding PROJECTS. nate from a non-Federal organization and section 221(b) of the Flood Control Act of (a) DATABASE OF RESTORATION PROJECT IN- shall require, when appropriate, the approval 1970 (42 U.S.C. 1962d–5b), for any project un- FORMATION.—The Under Secretary shall of State or local agencies. dertaken under this section, the Secretary maintain an appropriate database of infor- (2) FACTORS TO BE TAKEN INTO ACCOUNT.—In may, after coordination with the official re- mation concerning estuary habitat restora- determining the eligibility of an estuary sponsible for the political jurisdiction in tion projects funded under this title, includ- habitat restoration project for financial as- which a project would occur, allow a non- ing information on project techniques, sistance under this title, the Collaborative profit entity to serve as the non-Federal in- project completion, monitoring data, and Council shall consider the following: terest. other relevant information. (A) Whether the proposed estuary habitat (3) MAINTENANCE AND MONITORING.—A co- (b) REPORT.— restoration project meets the criteria speci- operation agreement entered into under (1) IN GENERAL.—The Collaborative Council fied in the estuary habitat restoration strat- paragraph (1) shall provide for maintenance shall biennially submit a report to the Com- egy. and monitoring of the estuary habitat res- mittee on Environment and Public Works of (B) The technical merit and feasibility of toration project to the extent determined the Senate and the Committee on Transpor- the proposed estuary habitat restoration necessary by the Collaborative Council. tation and Infrastructure of the House of project. (e) LEAD COLLABORATIVE COUNCIL MEM- Representatives on the results of activities (C) Whether the non-Federal persons pro- BER.—The Collaborative Council shall des- carried out under this title. posing the estuary habitat restoration ignate a lead Collaborative Council member (2) CONTENTS OF REPORT.—A report under project provide satisfactory assurances that for each proposed estuary habitat restora- paragraph (1) shall include— they will have adequate personnel, funding, tion project. The lead Collaborative Council (A) data on the number of acres of estuary and authority to carry out and properly member shall have primary responsibility habitat restored under this title, including maintain the estuary habitat restoration for overseeing and assisting others in imple- the number of projects approved and com- project. menting the proposed project. pleted that comprise those acres; (D) Whether, in the State in which a pro- (f) AGENCY CONSULTATION AND COORDINA- (B) the percentage of restored estuary posed estuary habitat restoration project is TION.—In carrying out this section, the Col- habitat monitored under a plan to ensure to be carried out, there is a State dedicated laborative Council shall, as the Collabo- that short-term and long-term restoration source of funding for programs to acquire or rative Council determines it to be necessary, goals are achieved; restore estuary habitat, natural areas, and consult with, cooperate with, and coordinate (C) an estimate of the long-term success of open spaces. its activities with the activities of other ap- varying restoration techniques used in car- (E) Whether the proposed estuary habitat propriate Federal agencies. rying out estuary habitat restoration restoration project will encourage the in- (g) BENEFITS AND COSTS OF ESTUARY HABI- projects; creased coordination and cooperation of Fed- TAT RESTORATION PROJECTS.—The Collabo- (D) a review of how the information de- eral, State, and local government agencies. rative Council shall evaluate the benefits scribed in subparagraphs (A) through (C) has (F) The amount of private funds or in-kind and costs of estuary habitat restoration been incorporated in the selection and imple- contributions for the estuary habitat res- projects in accordance with section 907 of the mentation of estuary habitat restoration toration project. Water Resources Development Act of 1986 (33 projects; (G) Whether the proposed habitat restora- U.S.C. 2284). (E) a review of efforts made to maintain an tion project includes a monitoring plan to (h) AUTHORIZATION OF APPROPRIATIONS.— appropriate database of restoration projects ensure that short-term and long-term res- There is authorized to be appropriated to the funded under this title; and toration goals are achieved. Department of the Army for the administra- (F) a review of the measures taken to pro- (H) Other factors that the Collaborative tion and operation of the Collaborative vide the information described in subpara- Council determines to be reasonable and nec- Council $4,000,000 for each of fiscal years 2001 graphs (A) through (C) to persons with re- essary for consideration. through 2005. sponsibility for assisting in the restoration (3) PRIORITY ESTUARY HABITAT RESTORATION SEC. 107. COST SHARING OF ESTUARY HABITAT of estuary habitat. RESTORATION PROJECTS. PROJECTS.—An estuary habitat restoration SEC. 109. COOPERATIVE AGREEMENTS; MEMO- project shall be given a higher priority in re- (a) IN GENERAL.—No financial assistance in RANDA OF UNDERSTANDING. ceipt of funding under this title if, in addi- carrying out an estuary habitat restoration In carrying out this title, the Collabo- tion to meeting the selection criteria speci- project shall be available under this title rative Council may— fied in this section— from any Federal agency unless the non-Fed- (1) enter into cooperative agreements with (A) the estuary habitat restoration project eral applicant for assistance demonstrates Federal, State, and local government agen- is part of an approved Federal estuary man- that the estuary habitat restoration project cies and other persons and entities; and agement or habitat restoration plan; meets— (2) execute such memoranda of under- (B) the non-Federal share with respect to (1) the requirements of this title; and standing as are necessary to reflect the the estuary habitat restoration project ex- (2) any criteria established by the Collabo- agreements. rative Council under this title. ceeds 50 percent; SEC. 110. DISTRIBUTION OF APPROPRIATIONS (b) FEDERAL SHARE.—The Federal share of (C) there is a program within the water- FOR ESTUARY HABITAT RESTORA- the cost of an estuary habitat restoration shed of the estuary habitat restoration TION ACTIVITIES. and protection project assisted under this project that addresses sources of water pollu- The Secretary shall allocate funds made title shall be not more than 65 percent. tion that would otherwise re-impair the re- available to carry out this title based on the (c) NON-FEDERAL SHARE.—The non-Federal need for the funds and such other factors as stored habitat; or share of the cost of an estuary habitat res- (D) the estuary habitat restoration project are determined to be appropriate to carry toration project may be provided in the form out this title. includes— of land, easements, rights-of-way, services, (i) pilot testing; or or any other form of in-kind contribution de- SEC. 111. AUTHORIZATION OF APPROPRIATIONS. (ii) a demonstration of an innovative tech- termined by the Collaborative Council to be (a) AUTHORIZATION OF APPROPRIATIONS nology having potential for improved cost- an appropriate contribution equivalent to UNDER OTHER LAW.—Funds authorized to be effectiveness in restoring— the monetary amount required for the non- appropriated under section 908 of the Water (I) the estuary that is the subject of the Federal share of the estuary habitat restora- Resources Development Act of 1986 (33 U.S.C. project; or tion project. 2285) and section 206 of the Water Resources (II) any other estuary. (d) ALLOCATION OF FUNDS BY STATES TO PO- Development Act of 1996 (33 U.S.C. 2330) may (c) INTERIM ACTIONS.— LITICAL SUBDIVISIONS.—With the approval of be used by the Secretary in accordance with (1) IN GENERAL.—Pending completion of the the Secretary, a State may allocate to any this title to assist States and other non-Fed- estuary habitat restoration strategy devel- local government, area-wide agency des- eral persons in carrying out estuary habitat oped under subsection (a), the Collaborative ignated under section 204 of the Demonstra- restoration projects or interim actions under Council may pay the Federal share of the tion Cities and Metropolitan Development section 106(c). cost of an interim action to carry out an es- Act of 1966 (42 U.S.C. 3334), regional agency, (b) AUTHORIZATION OF APPROPRIATIONS.— tuary habitat restoration activity. or interstate agency, a portion of any funds There are authorized to be appropriated to (2) FEDERAL SHARE.—The Federal share disbursed in accordance with this title for the Secretary to carry out estuary habitat shall not exceed 25 percent. the purpose of carrying out an estuary habi- restoration activities— (d) COOPERATION OF NON-FEDERAL PART- tat restoration project. (1) $40,000,000 for fiscal year 2001; NERS.— (e) INNOVATIVE TECHNOLOGY COSTS.—The (2) $50,000,000 for fiscal year 2002; and (1) IN GENERAL.—The Collaborative Council Federal share of the incremental additional (3) $75,000,000 for each of fiscal years 2003 shall not select an estuary habitat restora- cost of including in a project pilot testing or through 2005. tion project until a non-Federal interest has a demonstration of an innovative technology SEC. 112. NATIONAL ESTUARY PROGRAM. entered into a written agreement with the described in section 106(b)(3)(D) shall be 100 (a) GRANTS FOR COMPREHENSIVE CONSERVA- Secretary in which it agrees to provide the percent. TION AND MANAGEMENT PLANS.—Section

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2006 CONGRESSIONAL RECORD — SENATE March 30, 2000 320(g)(2) of the Federal Water Pollution Con- (4) the cooperative program described in Federal agencies and State and local au- trol Act (33 U.S.C. 1330(g)(2)) is amended by paragraph (3) serves as a national and inter- thorities in developing strategies to— inserting ‘‘and implementation’’ after ‘‘de- national model for the management of estu- ‘‘(I) improve the water quality and living velopment’’. aries; and resources in the Chesapeake Bay ecosystem; (b) AUTHORIZATION OF APPROPRIATIONS.— (5) there is a need to expand Federal sup- and Section 320(i) of the Federal Water Pollution port for monitoring, management, and res- ‘‘(II) obtain the support of the appropriate Control Act (33 U.S.C. 1330(i)) is amended by toration activities in the Chesapeake Bay officials of the agencies and authorities in striking ‘‘1987’’ and all that follows through and the tributaries of the Bay in order to achieving the objectives of the Chesapeake ‘‘1991’’ and inserting the following: ‘‘1987 meet and further the original and subsequent Bay Agreement; and through 1991, such sums as may be necessary goals and commitments of the Chesapeake ‘‘(v) implementing outreach programs for for fiscal years 1992 through 2000, and Bay Program. public information, education, and participa- $25,000,000 for each of fiscal years 2001 and (b) PURPOSES.—The purposes of this title tion to foster stewardship of the resources of 2002’’. are— the Chesapeake Bay. SEC. 113. GENERAL PROVISIONS. (1) to expand and strengthen cooperative ‘‘(c) INTERAGENCY AGREEMENTS.—The Ad- (a) ADDITIONAL AUTHORITY FOR ARMY CORPS efforts to restore and protect the Chesapeake ministrator may enter into an interagency OF ENGINEERS.—The Secretary— Bay; and agreement with a Federal agency to carry (1) may carry out estuary habitat restora- (2) to achieve the goals established in the out this section. ‘‘(d) TECHNICAL ASSISTANCE AND ASSIST- tion projects in accordance with this title; Chesapeake Bay Agreement. ANCE GRANTS.— and SEC. 203. CHESAPEAKE BAY RESTORATION. ‘‘(1) IN GENERAL.—In cooperation with the (2) shall give estuary habitat restoration The Federal Water Pollution Control Act Chesapeake Executive Council, the Adminis- projects the same consideration as projects is amended by striking section 117 (33 U.S.C. trator may provide technical assistance, and relating to irrigation, navigation, or flood 1267) and inserting the following: assistance grants, to nonprofit organiza- control. ‘‘SEC. 117. CHESAPEAKE BAY. tions, State and local governments, colleges, (b) INAPPLICABILITY OF CERTAIN LAW.—Sec- ‘‘(a) DEFINITIONS.—In this section: universities, and interstate agencies to carry tions 203, 204, and 205 of the Water Resources ‘‘(1) ADMINISTRATIVE COST.—The term ‘ad- out this section, subject to such terms and Development Act of 1986 (33 U.S.C. 2231, 2232, ministrative cost’ means the cost of salaries conditions as the Administrator considers 2233) shall not apply to an estuary habitat and fringe benefits incurred in administering appropriate. restoration project selected in accordance a grant under this section. ‘‘(2) FEDERAL SHARE.— with this title. ‘‘(2) CHESAPEAKE BAY AGREEMENT.—The ‘‘(A) IN GENERAL.—Except as provided in (c) ESTUARY HABITAT RESTORATION MIS- term ‘Chesapeake Bay Agreement’ means the subparagraph (B), the Federal share of an as- SION.—The Secretary shall establish restora- formal, voluntary agreements executed to sistance grant provided under paragraph (1) tion of estuary habitat as a primary mission achieve the goal of restoring and protecting shall be determined by the Administrator in of the Army Corps of Engineers. the Chesapeake Bay ecosystem and the liv- accordance with guidance issued by the Ad- (d) FEDERAL AGENCY FACILITIES AND PER- ing resources of the Chesapeake Bay eco- ministrator. SONNEL.— system and signed by the Chesapeake Execu- ‘‘(B) SMALL WATERSHED GRANTS PROGRAM.— (1) IN GENERAL.—Federal agencies may co- tive Council. operate in carrying out scientific and other The Federal share of an assistance grant pro- ‘‘(3) CHESAPEAKE BAY ECOSYSTEM.—The programs necessary to carry out this title, vided under paragraph (1) to carry out an im- term ‘Chesapeake Bay ecosystem’ means the and may provide facilities and personnel, for plementing activity under subsection (g)(2) ecosystem of the Chesapeake Bay and its wa- the purpose of assisting the Collaborative shall not exceed 75 percent of eligible project tershed. Council in carrying out its duties under this costs, as determined by the Administrator. ‘‘(4) CHESAPEAKE BAY PROGRAM.—The term title. ‘‘(3) NON-FEDERAL SHARE.—An assistance ‘Chesapeake Bay Program’ means the pro- grant under paragraph (1) shall be provided (2) REIMBURSEMENT FROM COLLABORATIVE gram directed by the Chesapeake Executive on the condition that non-Federal sources COUNCIL.—Federal agencies may accept reim- Council in accordance with the Chesapeake bursement from the Collaborative Council provide the remainder of eligible project Bay Agreement. for providing services, facilities, and per- costs, as determined by the Administrator. ‘‘(5) CHESAPEAKE EXECUTIVE COUNCIL.—The sonnel under paragraph (1). ‘‘(4) ADMINISTRATIVE COSTS.—Administra- term ‘Chesapeake Executive Council’ means (e) ADMINISTRATIVE EXPENSES AND STAFF- tive costs shall not exceed 10 percent of the the signatories to the Chesapeake Bay ING.—Not later than 180 days after the date annual grant award. ‘‘(e) IMPLEMENTATION AND MONITORING of enactment of this Act, the Comptroller Agreement. IGNATORY JURISDICTION.—The term GRANTS.— General of the United States shall submit to ‘‘(6) S ‘signatory jurisdiction’ means a jurisdiction ‘‘(1) IN GENERAL.—If a signatory jurisdic- Congress and the Secretary an analysis of of a signatory to the Chesapeake Bay Agree- tion has approved and committed to imple- the extent to which the Collaborative Coun- ment. ment all or substantially all aspects of the cil needs additional personnel and adminis- ‘‘(b) CONTINUATION OF CHESAPEAKE BAY Chesapeake Bay Agreement, on the request trative resources to fully carry out its duties PROGRAM.— of the chief executive of the jurisdiction, the under this title. The analysis shall include ‘‘(1) IN GENERAL.—In cooperation with the Administrator— recommendations regarding necessary addi- Chesapeake Executive Council (and as a ‘‘(A) shall make a grant to the jurisdiction tional funding. member of the Council), the Administrator for the purpose of implementing the manage- TITLE II—CHESAPEAKE BAY shall continue the Chesapeake Bay Program. ment mechanisms established under the RESTORATION ‘‘(2) PROGRAM OFFICE.— Chesapeake Bay Agreement, subject to such SEC. 201. SHORT TITLE. ‘‘(A) IN GENERAL.—The Administrator shall terms and conditions as the Administrator This title may be cited as the ‘‘Chesapeake maintain in the Environmental Protection considers appropriate; and Bay Restoration Act of 2000’’. Agency a Chesapeake Bay Program Office. ‘‘(B) may make a grant to a signatory ju- SEC. 202. FINDINGS AND PURPOSES. ‘‘(B) FUNCTION.—The Chesapeake Bay Pro- risdiction for the purpose of monitoring the (a) FINDINGS.—Congress finds that— gram Office shall provide support to the Chesapeake Bay ecosystem. (1) the Chesapeake Bay is a national treas- Chesapeake Executive Council by— ‘‘(2) PROPOSALS.— ure and a resource of worldwide significance; ‘‘(i) implementing and coordinating ‘‘(A) IN GENERAL.—A signatory jurisdiction (2) over many years, the productivity and science, research, modeling, support serv- described in paragraph (1) may apply for a water quality of the Chesapeake Bay and its ices, monitoring, data collection, and other grant under this subsection for a fiscal year watershed were diminished by pollution, ex- activities that support the Chesapeake Bay by submitting to the Administrator a com- cessive sedimentation, shoreline erosion, the Program; prehensive proposal to implement manage- impacts of population growth and develop- ‘‘(ii) developing and making available, ment mechanisms established under the ment in the Chesapeake Bay watershed, and through publications, technical assistance, Chesapeake Bay Agreement. other factors; and other appropriate means, information ‘‘(B) CONTENTS.—A proposal under subpara- (3) the Federal Government (acting pertaining to the environmental quality and graph (A) shall include— through the Administrator of the Environ- living resources of the Chesapeake Bay eco- ‘‘(i) a description of proposed management mental Protection Agency), the Governor of system; mechanisms that the jurisdiction commits the State of Maryland, the Governor of the ‘‘(iii) in cooperation with appropriate Fed- to take within a specified time period, such Commonwealth of Virginia, the Governor of eral, State, and local authorities, assisting as reducing or preventing pollution in the the Commonwealth of Pennsylvania, the the signatories to the Chesapeake Bay Chesapeake Bay and its watershed or meet- Chairperson of the Chesapeake Bay Commis- Agreement in developing and implementing ing applicable water quality standards or es- sion, and the Mayor of the District of Colum- specific action plans to carry out the respon- tablished goals and objectives under the bia, as Chesapeake Bay Agreement signato- sibilities of the signatories to the Chesa- Chesapeake Bay Agreement; and ries, have committed to a comprehensive co- peake Bay Agreement; ‘‘(ii) the estimated cost of the actions pro- operative program to achieve improved ‘‘(iv) coordinating the actions of the Envi- posed to be taken during the fiscal year. water quality and improvements in the pro- ronmental Protection Agency with the ac- ‘‘(3) APPROVAL.—If the Administrator finds ductivity of living resources of the Bay; tions of the appropriate officials of other that the proposal is consistent with the

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S2007 Chesapeake Bay Agreement and the national peake Bay Agreement signatories for wet- anced ecosystem in response to improve- goals established under section 101(a), the lands, riparian forests, and other types of ments in the quality and character of the Administrator may approve the proposal for habitat associated with the Chesapeake Bay waters of the Chesapeake Bay. a grant award. ecosystem; and ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) FEDERAL SHARE.—The Federal share of ‘‘(E) the restoration, protection, and en- There is authorized to be appropriated to an implementation grant under this sub- hancement goals established by the Chesa- carry out this section $30,000,000 for each of section shall not exceed 50 percent of the peake Bay Agreement signatories for living fiscal years 2001 through 2006.’’. cost of implementing the management mech- resources associated with the Chesapeake TITLE III—LONG ISLAND SOUND anisms during the fiscal year. Bay ecosystem. SEC. 301. REAUTHORIZATION. ON-FEDERAL SHARE.—An implementa- MALL WATERSHED GRANTS PROGRAM.— ‘‘(5) N ‘‘(2) S Section 119(e) of the Federal Water Pollu- tion grant under this subsection shall be The Administrator, in cooperation with the tion Control Act (33 U.S.C. 1269(e)) is amend- made on the condition that non-Federal Chesapeake Executive Council, shall— ed— sources provide the remainder of the costs of ‘‘(A) establish a small watershed grants (1) in paragraph (1), by striking ‘‘1991 implementing the management mechanisms program as part of the Chesapeake Bay Pro- through 2001’’ and inserting ‘‘2001 through during the fiscal year. gram; and 2006’’; and ‘‘(6) ADMINISTRATIVE COSTS.—Administra- ‘‘(B) offer technical assistance and assist- (2) in paragraph (2), by striking ‘‘not to ex- tive costs shall not exceed 10 percent of the ance grants under subsection (d) to local ceed $3,000,000 for each of the fiscal years 1991 annual grant award. governments and nonprofit organizations through 2001’’ and inserting ‘‘not to exceed ‘‘(7) REPORTING.—On or before October 1 of and individuals in the Chesapeake Bay re- $10,000,000 for each of fiscal years 2001 each fiscal year, the Administrator shall gion to implement— make available to the public a document ‘‘(i) cooperative tributary basin strategies through 2006’’. that lists and describes, in the greatest prac- that address the water quality and living re- f ticable degree of detail— source needs in the Chesapeake Bay eco- NOTICES OF HEARINGS ‘‘(A) all projects and activities funded for system; and the fiscal year; ‘‘(ii) locally based protection and restora- COMMITTEE ON RULES AND ADMINISTRATION ‘‘(B) the goals and objectives of projects tion programs or projects within a watershed Mr. MCCONNELL. Mr. President, I funded for the previous fiscal year; and that complement the tributary basin strate- wish to announce that the Committee ‘‘(C) the net benefits of projects funded for gies. on Rules and Administration will meet ‘‘(h) STUDY OF CHESAPEAKE BAY PRO- previous fiscal years. at 9:30 a.m., Wednesday, April 5, 2000, in ‘‘(f) FEDERAL FACILITIES AND BUDGET CO- GRAM.— ORDINATION.— ‘‘(1) IN GENERAL.—Not later than April 22, Room SR–301 Russell Senate Office ‘‘(1) SUBWATERSHED PLANNING AND RES- 2001, and every 5 years thereafter, the Ad- Building, to receive testimony on po- TORATION.—A Federal agency that owns or ministrator, in coordination with the Chesa- litical parties in America. operates a facility (as defined by the Admin- peake Executive Council, shall complete a For further information concerning istrator) within the Chesapeake Bay water- study and submit to Congress a comprehen- this meeting, please contact Hunter shed shall participate in regional and sub- sive report on the results of the study. Bates at the Rules Committee on 4– watershed planning and restoration pro- ‘‘(2) REQUIREMENTS.—The study and report 6352. grams. shall— ‘‘(2) COMPLIANCE WITH AGREEMENT.—The ‘‘(A) assess the state of the Chesapeake COMMITTEE ON ENERGY AND NATURAL head of each Federal agency that owns or oc- Bay ecosystem; RESOURCES cupies real property in the Chesapeake Bay ‘‘(B) assess the appropriateness of commit- Mr. MURKOWSKI. Mr. President, I watershed shall ensure that the property, ments and goals of the Chesapeake Bay Pro- would like to announce that a hearing and actions taken by the agency with re- gram and the management strategies estab- has been scheduled before the Com- spect to the property, comply with the lished under the Chesapeake Bay Agreement mittee on Energy and Natural Re- Chesapeake Bay Agreement, the Federal for improving the state of the Chesapeake sources. Agencies Chesapeake Ecosystem Unified Bay ecosystem; The hearing will take place Thurs- Plan, and any subsequent agreements and ‘‘(C) assess the effectiveness of manage- plans. ment strategies being implemented on the day, April 6, 2000, at 9:30 a.m. in room ‘‘(3) BUDGET COORDINATION.— date of enactment of this subsection and the SD–366 of the Dirksen Senate Office ‘‘(A) IN GENERAL.—As part of the annual extent to which the priority needs are being Building in Washington, D.C. budget submission of each Federal agency met; The purpose of this hearing is to ex- with projects or grants related to restora- ‘‘(D) make recommendations for the im- amine the energy potential of the 1002 tion, planning, monitoring, or scientific in- proved management of the Chesapeake Bay area of the Arctic Coastal Plain; the vestigation of the Chesapeake Bay eco- Program either by strengthening strategies role this energy could play in National system, the head of the agency shall submit being implemented on the date of enactment security; the role this energy could to the President a report that describes of this subsection or by adopting new strate- play in reducing U.S. dependence on plans for the expenditure of the funds under gies; and this section. ‘‘(E) be presented in such a format as to be imported oil; and the legislative provi- ‘‘(B) DISCLOSURE TO THE COUNCIL.—The readily transferable to and usable by other sions of S. 2214. head of each agency referred to in subpara- watershed restoration programs. Those who wish to submit written graph (A) shall disclose the report under that ‘‘(i) SPECIAL STUDY OF LIVING RESOURCE testimony should write to the Com- subparagraph with the Chesapeake Executive RESPONSE.— mittee on Energy and Natural Re- Council as appropriate. ‘‘(1) IN GENERAL.—Not later than 180 days sources, U.S. Senate, Washington, D.C. ‘‘(g) CHESAPEAKE BAY PROGRAM.— after the date of enactment of this sub- 20510. Presentation of oral testimony is ‘‘(1) MANAGEMENT STRATEGIES.—The Ad- section, the Administrator shall commence a ministrator, in coordination with other 5-year special study with full participation by Committee invitation only. For fur- members of the Chesapeake Executive Coun- of the scientific community of the Chesa- ther information, please contact Jo cil, shall ensure that management plans are peake Bay to establish and expand under- Meuse or Brian Malnak at (202) 224– developed and implementation is begun by standing of the response of the living re- 6730. signatories to the Chesapeake Bay Agree- sources of the Chesapeake Bay ecosystem to SUBCOMMITTEE ON WATER AND POWER ment to achieve and maintain— improvements in water quality that have re- Mr. SMITH. Mr. President, I would ‘‘(A) the nutrient goals of the Chesapeake sulted from investments made through the like to announce for the information of Bay Agreement for the quantity of nitrogen Chesapeake Bay Program. the Senate and the public that an over- and phosphorus entering the Chesapeake Bay ‘‘(2) REQUIREMENTS.—The study shall— and its watershed; ‘‘(A) determine the current status and sight hearing has been scheduled before ‘‘(B) the water quality requirements nec- trends of living resources, including grasses, the Subcommittee on Water and essary to restore living resources in the benthos, phytoplankton, zooplankton, fish, Power. Chesapeake Bay ecosystem; and shellfish; The hearing will take place on ‘‘(C) the Chesapeake Bay Basinwide Toxins ‘‘(B) establish to the extent practicable the Wednesday, April 12, 2000 at 2:30 p.m. in Reduction and Prevention Strategy goal of rates of recovery of the living resources in room SD–366 of the Dirksen Senate Of- reducing or eliminating the input of chem- response to improved water quality condi- fice Building in Washington, D.C. ical contaminants from all controllable tion; The purpose of this hearing is to ex- sources to levels that result in no toxic or ‘‘(C) evaluate and assess interactions of bioaccumulative impact on the living re- species, with particular attention to the im- amine federal actions affecting hydro- sources of the Chesapeake Bay ecosystem or pact of changes within and among trophic power operations on the Columbia on human health; levels; and River system. ‘‘(D) habitat restoration, protection, and ‘‘(D) recommend management actions to Because of the limited time available enhancement goals established by Chesa- optimize the return of a healthy and bal- for the hearing, witnesses may testify

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2008 CONGRESSIONAL RECORD — SENATE March 30, 2000 by invitation only. However, those The PRESIDING OFFICER. Without the Administration’s effort to review wishing to submit written testimony objection, it is so ordered. approximately 40 million acres of na- for the hearing record should send two COMMITTEE ON FOREIGN RELATIONS tional forest lands for increased pro- copies of their testimony to the Sub- Mr. GRAMM. Mr. President, I ask duction. committee on Water and Power, Com- unanimous consent that the Com- The PRESIDING OFFICER. Without mittee on Energy and Natural Re- mittee on Foreign Relations be author- objection, it is so ordered. sources, United States Senate, 364 ized to meet during the session of the SUBCOMMITTEE ON SUPERFUND, WASTE Dirksen Senate Office Building, Wash- Senate on Thursday, March 30, 2000 at CONTROL, AND RISK ASSESSMENT ington, D.C. 20510–6150. 9:30 am and 2:00 pm to hold a hearing Mr. GRAMM. Mr. President I ask For further information, please call and a roundtable discussion. unanimous consent that the Sub- Trici Heninger, Staff Assistant, or Col- The PRESIDING OFFICER. Without committee on Superfund, Waste Con- leen Deegan, Counsel, at (202) 224–8115. objection, it is so ordered. trol, and Risk Assessment be author- SUBCOMMITTEE ON WATER AND POWER COMMITTEE ON GOVERNMENTAL AFFAIRS ized to meet during the session of the Mr. SMITH. Mr. President, I would Mr. GRAMM. Mr. President, I ask Senate on Thursday, March 30, 10:30 like to announce for the information of unanimous consent that the Com- a.m., to conduct a hearing to receive the Senate and the public that a legis- mittee on Governmental Affairs be au- testimony regarding the Administra- lative hearing has been scheduled be- thorized to meet during the session of tion’s FY 2001 budget for programs fore the Subcommittee on Water and the Senate on Thursday, March 30, 2000 within EPA’s Office of Solid Waste and Power. at 10:00 a.m. for a nominations hearing Emergency Response. The hearing will take place on Tues- to consider the nominations of Alan The PRESIDING OFFICER. Without day, April 25, 2000 at 2:30 p.m. in room Kessler to be a Governor on the United objection, it is so ordered. SD–366 of the Dirksen Senate Office States Postal Service and Carol Waller f Building in Washington, D.C. Pope to be a Member of the Federal PRIVILEGE OF THE FLOOR The purpose of this hearing is to re- Labor Relations Authority. ceive testimony on S. 2239, a bill ‘‘To The PRESIDING OFFICER. Without Mr. JOHNSON. Mr. President, I ask authorize the Bureau of Reclamation objection, it is so ordered. unanimous consent that a fellow of to provide cost sharing for the endan- Senator BAUCUS, Deb Jackson, be ex- COMMITTEE ON THE JUDICIARY tended floor privileges for the remain- gered fish recovery implementation Mr. GRAMM. Mr. President, I ask der of the day. programs for the Upper Colorado River unanimous consent that the Com- The PRESIDING OFFICER. Without and San Juan River basins.’’ mittee on the Judiciary be authorized Because of the limited time available objection, it is so ordered. to meet to conduct a markup on Thurs- for the hearing, witnesses may testify day, March 30, 2000, at 10:00 a.m., in f by invitation only. However, those SD226. wishing to submit written testimony ESTUARY HABITAT RESTORATION The PRESIDING OFFICER. Without for the hearing record should send two PARTNERSHIP ACT OF 1999 objection, it is so ordered. copies of their testimony to the Sub- Mr. SMITH of New Hampshire. Mr. COMMITTEE ON RULES AND ADMINISTRATION committee on Water and Power, Com- President, I ask unanimous consent Mr. GRAMM. Mr. President, I ask mittee on Energy and Natural Re- that the Senate proceed to the consid- unanimous consent that the Com- sources, United States Senate, 364 eration of Calendar No. 323, S. 835. mittee on Rules and Administration be Dirksen Senate Office Building, Wash- The PRESIDING OFFICER (Mr. SES- authorized to meet during the session ington, D.C. 20510–6150. SIONS). Without objection, it is so or- of the Senate on Thursday, March 30, For further information, please call dered. 2000, at 9:30 a.m., to conduct an over- Trici Heninger, Staff Assistant, or Col- The clerk will report the bill by title. sight hearing on the operations of the leen Deegan, Counsel, at (202) 224–8115. The assistant legislative clerk read Architect of the Capitol. as follows: f The PRESIDING OFFICER. Without AUTHORITY FOR COMMITTEES TO objection, it is so ordered. A bill (S. 835) to encourage the restoration MEET of estuary habitat through more efficient SELECT COMMITTEE ON INTELLIGENCE project financing and enhanced coordination COMMITTEE ON ENERGY AND NATURAL Mr. GRAMM. Mr. President, I ask of Federal and non-Federal restoration pro- RESOURCES unanimous consent that the Select grams, and for other purposes, which had Mr. GRAMM. Mr. President, I ask Committee on Intelligence be author- been reported from the Committee on Envi- unanimous consent that the Com- ized to meet during the session of the ronment and Public Works, with an amend- mittee on Energy and Natural Re- Senate on Thursday, March 30, 2000 at ment, as follows: sources be authorized to meet during 2:00 p.m., to hold a closed hearing on (The part of the bill intended to be the session of the Senate on Thursday intelligence matters. inserted is shown in italic.) March 30, at 9:30 a.m. to conduct a The PRESIDING OFFICER. Without S. 835 hearing. The committee will receive objection, it is so ordered. Be it enacted by the Senate and House of testimony on S. 882, a bill to strength- SUBCOMMITTEE ON CONSTITUTION, FEDERALISM Representatives of the United States of America en provisions in the Energy Policy Act AND PROPERTY RIGHTS in Congress assembled, of 1992; and S. 1776, a bill to amend the Mr. GRAMM. Mr. President, I ask SECTION 1. SHORT TITLE. Energy Policy Act of 1992 to revise the unanimous consent that the Sub- This Act may be cited as the ‘‘Estuary energy policy of the United States in committee on Constitution, Fed- Habitat Restoration Partnership Act of order to reduce greenhouse gas emis- eralism and Property Rights be author- 1999’’. sions, advance global climate science, ized to meet to conduct a hearing on SEC. 2. FINDINGS. promote technology development, and Thursday, March 30, 2000 at 2:00 p.m., in Congress finds that— increase citizen awareness, and for SD226. (1) estuaries provide some of the most eco- The PRESIDING OFFICER. Without logically and economically productive habi- other purposes. tat for an extensive variety of plants, fish, The PRESIDING OFFICER. Without objection, it is so ordered. wildlife, and waterfowl; objection, it is so ordered. SUBCOMMITTEE ON FOREST AND PUBLIC LANDS (2) the estuaries and coastal regions of the COMMITTEE ON FINANCE Mr. GRAMM. Mr. President, I ask United States are home to one-half the popu- Mr. GRAMM. Mr. President, I ask unanimous consent that the Sub- lation of the United States and provide es- unanimous consent that the Com- committee on Forests and Public sential habitat for 75 percent of the Nation’s mittee on Finance be authorized to Lands of the Committee on Energy and commercial fish catch and 80 to 90 percent of meet during the session of the Senate Natural Resources be authorized to its recreational fish catch; (3) estuaries are gravely threatened by on Thursday, March 30, 2000, for an meet during the session of the Senate habitat alteration and loss from pollution, Open Executive Session to mark up and on Thursday, March 30 at 2:30 p.m., to development, and overuse; report out an original bill regarding conduct an oversight hearing. The sub- (4) successful restoration of estuaries de- Marriage Tax Penalty Relief. committee will receive testimony on mands the coordination of Federal, State,

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S2009 and local estuary habitat restoration pro- or otherwise governed by Federal or State (A) conduct a review of— grams; and law; or (i) Federal estuary management or habitat (5) the Federal, State, local, and private (ii) an act that constitutes restitution for restoration plans; and cooperation in estuary habitat restoration natural resource damages required under any (ii) Federal programs established under activities in existence on the date of enact- Federal or State law. other law that provide funding for estuary ment of this Act should be strengthened and (6) ESTUARY HABITAT RESTORATION habitat restoration activities; new public and public-private estuary habi- PROJECT.—The term ‘‘estuary habitat res- (B) develop a set of proposals for— tat restoration partnerships established. toration project’’ means an estuary habitat (i) using programs established under this SEC. 3. PURPOSES. restoration activity under consideration or or any other Act to maximize the incentives The purposes of this Act are— selected by the Collaborative Council, in ac- for the creation of new public-private part- (1) to establish a voluntary program to re- cordance with this Act, to receive financial, nerships to carry out estuary habitat res- store 1,000,000 acres of estuary habitat by technical, or another form of assistance. toration projects; and 2010; (7) ESTUARY HABITAT RESTORATION STRAT- (ii) using Federal resources to encourage (2) to ensure coordination of Federal, EGY.—The term ‘‘estuary habitat restoration increased private sector involvement in estu- State, and community estuary habitat res- strategy’’ means the estuary habitat restora- ary habitat restoration activities; and toration programs, plans, and studies; tion strategy developed under section 6(a). (C) ensure that the estuary habitat res- (3) to establish effective estuary habitat (8) FEDERAL ESTUARY MANAGEMENT OR HABI- toration strategy is developed and will be restoration partnerships among public agen- TAT RESTORATION PLAN.—The term ‘‘Federal implemented in a manner that is consistent cies at all levels of government and between estuary management or habitat restoration with the findings and requirements of Fed- the public and private sectors; plan’’ means any Federal plan for restora- eral estuary management or habitat restora- (4) to promote efficient financing of estu- tion of degraded estuary habitat that— tion plans. ary habitat restoration activities; and (A) was developed by a public body with (3) ELEMENTS TO BE CONSIDERED.—Con- (5) to develop and enhance monitoring and the substantial participation of appropriate sistent with the requirements of this section, research capabilities to ensure that restora- public and private stakeholders; and the Collaborative Council, in the develop- tion efforts are based on sound scientific un- (B) reflects a community-based planning ment of the estuary habitat restoration derstanding. process. strategy, shall consider— SEC. 4. DEFINITIONS. (9) SECRETARY.—The term ‘‘Secretary’’ (A) the contributions of estuary habitat In this Act: means the Secretary of the Army, or a to— (1) COLLABORATIVE COUNCIL.—The term designee. (i) wildlife, including endangered and ‘‘Collaborative Council’’ means the inter- (10) UNDER SECRETARY.—The term ‘‘Under threatened species, migratory birds, and agency council established by section 5. Secretary’’ means the Under Secretary for resident species of an estuary watershed; (2) DEGRADED ESTUARY HABITAT.—The term Oceans and Atmosphere of the Department (ii) fish and shellfish, including commer- ‘‘degraded estuary habitat’’ means estuary of Commerce, or a designee. cial and sport fisheries; habitat where natural ecological functions SEC. 5. ESTABLISHMENT OF COLLABORATIVE (iii) surface and ground water quality and have been impaired and normal beneficial COUNCIL. quantity, and flood control; uses have been reduced. (a) COLLABORATIVE COUNCIL.—There is es- (iv) outdoor recreation; and (3) ESTUARY.—The term ‘‘estuary’’ means— tablished an interagency council to be (v) other areas of concern that the Collabo- (A) a body of water in which fresh water known as the ‘‘Estuary Habitat Restoration rative Council determines to be appropriate from a river or stream meets and mixes with Collaborative Council’’. for consideration; salt water from the ocean, including the area (b) MEMBERSHIP.— (B) the estimated historic losses, esti- located in the Great Lakes Biogeographic Re- (1) IN GENERAL.—The Collaborative Council mated current rate of loss, and extent of the gion and designated as a National Estuarine shall be composed of the Secretary, the threat of future loss or degradation of each Research Reserve under the Coastal Zone Man- Under Secretary, the Administrator of the type of estuary habitat; and agement Act of 1972 (16 U.S.C. 1451 et seq.) as of Environmental Protection Agency, and the (C) the most appropriate method for select- the date of enactment of this Act; and Secretary of the Interior (acting through the ing a balance of smaller and larger estuary (B) the physical, biological, and chemical Director of the United States Fish and Wild- habitat restoration projects. elements associated with such a body of life Service), or their designees. (4) ADVICE.—The Collaborative Council water. (2) CHAIRPERSON; LEAD AGENCY.—The Sec- shall seek advice in restoration of estuary (4) ESTUARY HABITAT.— retary, or designee, shall chair the Collabo- habitat from experts in the private and non- (A) IN GENERAL.—The term ‘‘estuary habi- rative Council, and the Department of the profit sectors to assist in the development of tat’’ means the complex of physical and hy- Army shall serve as the lead agency. an estuary habitat restoration strategy. drologic features and living organisms with- (c) CONVENING OF COLLABORATIVE COUN- (5) PUBLIC REVIEW AND COMMENT.—Before in estuaries and associated ecosystems. CIL.—The Secretary shall— adopting a final estuary habitat restoration (B) INCLUSIONS.—The term ‘‘estuary habi- strategy, the Collaborative Council shall tat’’ includes salt and fresh water coastal (1) convene the first meeting of the Col- publish in the Federal Register a draft of the marshes, coastal forested wetlands and other laborative Council not later than 30 days estuary habitat restoration strategy and coastal wetlands, maritime forests, coastal after the date of enactment of this Act; and grasslands, tidal flats, natural shoreline (2) convene additional meetings as often as provide an opportunity for public review and areas, shellfish beds, sea grass meadows, kelp appropriate to ensure that this Act is fully comment. beds, river deltas, and river and stream carried out, but not less often than quar- (b) PROJECT APPLICATIONS.— banks under tidal influence. terly. (1) IN GENERAL.—An application for an es- OLLABORATIVE OUNCIL ROCEDURES (5) ESTUARY HABITAT RESTORATION (d) C C P .— tuary habitat restoration project shall origi- ACTIVITY.— (1) QUORUM.—Three members of the Col- nate from a non-Federal organization and (A) IN GENERAL.—The term ‘‘estuary habi- laborative Council shall constitute a shall require, when appropriate, the approval tat restoration activity’’ means an activity quorum. of State or local agencies. that results in improving degraded estuary (2) VOTING AND MEETING PROCEDURES.—The (2) FACTORS TO BE TAKEN INTO ACCOUNT.—In habitat (including both physical and func- Collaborative Council shall establish proce- determining the eligibility of an estuary tional restoration), with the goal of attain- dures for voting and the conduct of meetings habitat restoration project for financial as- ing a self-sustaining system integrated into by the Council. sistance under this Act, the Collaborative the surrounding landscape. SEC. 6. DUTIES OF COLLABORATIVE COUNCIL. Council shall consider the following: (B) INCLUDED ACTIVITIES.—The term ‘‘estu- (a) ESTUARY HABITAT RESTORATION (A) Whether the proposed estuary habitat ary habitat restoration activity’’ includes— STRATEGY.— restoration project meets the criteria speci- (i) the reestablishment of physical features (1) IN GENERAL.—Not later than 1 year after fied in the estuary habitat restoration and biological and hydrologic functions; the date of enactment of this Act, the Col- strategy. (ii) except as provided in subparagraph laborative Council, in consultation with non- (B) The technical merit and feasibility of (C)(ii), the cleanup of contamination related Federal participants, including nonprofit the proposed estuary habitat restoration to the restoration of estuary habitat; sectors, as appropriate, shall develop an es- project. (iii) the control of non-native and invasive tuary habitat restoration strategy designed (C) Whether the non-Federal persons pro- species; to ensure a comprehensive approach to the posing the estuary habitat restoration (iv) the reintroduction of native species selection and prioritization of estuary habi- project provide satisfactory assurances that through planting or natural succession; and tat restoration projects and the coordination they will have adequate personnel, funding, (v) other activities that improve estuary of Federal and non-Federal activities related and authority to carry out and properly habitat. to restoration of estuary habitat. maintain the estuary habitat restoration (C) EXCLUDED ACTIVITIES.—The term ‘‘estu- (2) INTEGRATION OF PREVIOUSLY AUTHORIZED project. ary habitat restoration activity’’ does not ESTUARY HABITAT RESTORATION PLANS, PRO- (D) Whether, in the State in which a pro- include— GRAMS, AND PARTNERSHIPS.—In developing posed estuary habitat restoration project is (i) an act that constitutes mitigation for the estuary habitat restoration strategy, the to be carried out, there is a State dedicated the adverse effects of an activity regulated Collaborative Council shall— source of funding for programs to acquire or

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2010 CONGRESSIONAL RECORD — SENATE March 30, 2000 restore estuary habitat, natural areas, and Department of the Army for the administra- SEC. 9. COOPERATIVE AGREEMENTS; MEMO- open spaces. tion and operation of the Collaborative RANDA OF UNDERSTANDING. (E) Whether the proposed estuary habitat Council $4,000,000 for each of fiscal years 2000 In carrying out this Act, the Collaborative restoration project will encourage the in- through 2004. Council may— (1) enter into cooperative agreements with creased coordination and cooperation of Fed- SEC. 7. COST SHARING OF ESTUARY HABITAT eral, State, and local government agencies. RESTORATION PROJECTS. Federal, State, and local government agencies and other persons and entities; and (F) The amount of private funds or in-kind (a) IN GENERAL.—No financial assistance in contributions for the estuary habitat res- carrying out an estuary habitat restoration (2) execute such memoranda of under- toration project. project shall be available under this Act standing as are necessary to reflect the (G) Whether the proposed habitat restora- from any Federal agency unless the non-Fed- agreements. tion project includes a monitoring plan to eral applicant for assistance demonstrates SEC. 10. DISTRIBUTION OF APPROPRIATIONS ensure that short-term and long-term res- that the estuary habitat restoration project FOR ESTUARY HABITAT RESTORA- toration goals are achieved. TION ACTIVITIES. meets— The Secretary shall allocate funds made (H) Other factors that the Collaborative (1) the requirements of this Act; and Council determines to be reasonable and nec- available to carry out this Act based on the (2) any criteria established by the Collabo- need for the funds and such other factors as essary for consideration. rative Council under this Act. (3) PRIORITY ESTUARY HABITAT RESTORATION are determined to be appropriate to carry (b) FEDERAL SHARE.—The Federal share of out this Act. PROJECTS.—An estuary habitat restoration the cost of an estuary habitat restoration SEC. 11. AUTHORIZATION OF APPROPRIATIONS. project shall be given a higher priority in re- and protection project assisted under this (a) AUTHORIZATION OF APPROPRIATIONS ceipt of funding under this Act if, in addition Act shall be not more than 65 percent. to meeting the selection criteria specified in UNDER OTHER LAW.—Funds authorized to be (c) NON-FEDERAL SHARE.—The non-Federal this section— appropriated under section 908 of the Water share of the cost of an estuary habitat res- (A) the estuary habitat restoration project Resources Development Act of 1986 (33 U.S.C. toration project may be provided in the form is part of an approved Federal estuary man- 2285) and section 206 of the Water Resources of land, easements, rights-of-way, services, agement or habitat restoration plan; Development Act of 1996 (33 U.S.C. 2330) may or any other form of in-kind contribution de- (B) the non-Federal share with respect to be used by the Secretary in accordance with termined by the Collaborative Council to be the estuary habitat restoration project ex- this Act to assist States and other non-Fed- an appropriate contribution equivalent to ceeds 50 percent; or eral persons in carrying out estuary habitat the monetary amount required for the non- (C) there is a program within the water- restoration projects or interim actions under shed of the estuary habitat restoration Federal share of the estuary habitat restora- section 6(c). tion project. project that addresses sources of water pollu- (b) AUTHORIZATION OF APPROPRIATIONS.— tion that would otherwise re-impair the re- (d) ALLOCATION OF FUNDS BY STATES TO PO- There are authorized to be appropriated to stored habitat. LITICAL SUBDIVISIONS.—With the approval of the Secretary to carry out estuary habitat (c) INTERIM ACTIONS.— the Secretary, a State may allocate to any restoration activities— (1) IN GENERAL.—Pending completion of the local government, area-wide agency des- (1) $40,000,000 for fiscal year 2000; estuary habitat restoration strategy devel- ignated under section 204 of the Demonstra- (2) $50,000,000 for fiscal year 2001; and oped under subsection (a), the Collaborative tion Cities and Metropolitan Development (3) $75,000,000 for each of fiscal years 2002 Council may pay the Federal share of the Act of 1966 (42 U.S.C. 3334), regional agency, through 2004. cost of an interim action to carry out an es- or interstate agency, a portion of any funds SEC. 12. NATIONAL ESTUARY PROGRAM. tuary habitat restoration activity. disbursed in accordance with this Act for the (a) GRANTS FOR COMPREHENSIVE CONSERVA- (2) FEDERAL SHARE.—The Federal share purpose of carrying out an estuary habitat TION AND MANAGEMENT PLANS.—Section shall not exceed 25 percent. restoration project. 320(g)(2) of the Federal Water Pollution Con- (d) COOPERATION OF NON-FEDERAL PART- SEC. 8. MONITORING AND MAINTENANCE OF trol Act (33 U.S.C. 1330(g)(2)) is amended by NERS.— ESTUARY HABITAT RESTORATION inserting ‘‘and implementation’’ after ‘‘de- (1) IN GENERAL.—The Collaborative Council PROJECTS. velopment’’. shall not select an estuary habitat restora- (a) DATABASE OF RESTORATION PROJECT IN- (b) AUTHORIZATION OF APPROPRIATIONS.— tion project until a non-Federal interest has FORMATION.—The Under Secretary shall Section 320(i) of the Federal Water Pollution entered into a written agreement with the maintain an appropriate database of infor- Control Act (33 U.S.C. 1330(i)) is amended by Secretary in which it agrees to provide the mation concerning estuary habitat restora- striking ‘‘1987’’ and all that follows through required non-Federal cooperation for the tion projects funded under this Act, includ- ‘‘1991’’ and inserting the following: ‘‘1987 project. ing information on project techniques, through 1991, such sums as may be necessary (2) NONPROFIT ENTITIES.—Notwithstanding project completion, monitoring data, and for fiscal years 1992 through 1999, and section 221 of the Flood Control Act of 1970 other relevant information. $25,000,000 for each of fiscal years 2000 and (42 U.S.C. 1962d–5b(b)), for any project under- (b) REPORT.— 2001’’. taken under this section, the Secretary may, (1) IN GENERAL.—The Collaborative Council SEC. 13. GENERAL PROVISIONS. after coordination with the official respon- shall biennially submit a report to the Com- (a) ADDITIONAL AUTHORITY FOR ARMY CORPS sible for the political jurisdiction in which a mittee on Environment and Public Works of OF ENGINEERS.—The Secretary— project would occur, allow a nonprofit entity the Senate and the Committee on Transpor- (1) may carry out estuary habitat restora- to serve as the non-Federal interest. tation and Infrastructure of the House of tion projects in accordance with this Act; (3) MAINTENANCE AND MONITORING.—A co- Representatives on the results of activities and operation agreement entered into under carried out under this Act. (2) shall give estuary habitat restoration paragraph (1) shall provide for maintenance (2) CONTENTS OF REPORT.—A report under projects the same consideration as projects and monitoring of the estuary habitat res- paragraph (1) shall include— relating to irrigation, navigation, or flood toration project to the extent determined (A) data on the number of acres of estuary control. necessary by the Collaborative Council. habitat restored under this Act, including (b) INAPPLICABILITY OF CERTAIN LAW.—Sec- (e) LEAD COLLABORATIVE COUNCIL MEM- the number of projects approved and com- tions 203, 204, and 205 of the Water Resources BER.—The Collaborative Council shall des- pleted that comprise those acres; Development Act of 1986 (33 U.S.C. 2231, 2232, ignate a lead Collaborative Council member (B) the percentage of restored estuary 2233) shall not apply to an estuary habitat for each proposed estuary habitat restora- habitat monitored under a plan to ensure restoration project selected in accordance tion project. The lead Collaborative Council that short-term and long-term restoration with this Act. member shall have primary responsibility goals are achieved; (c) ESTUARY HABITAT RESTORATION MIS- for overseeing and assisting others in imple- (C) an estimate of the long-term success of SION.—The Secretary shall establish restora- menting the proposed project. varying restoration techniques used in car- tion of estuary habitat as a primary mission (f) AGENCY CONSULTATION AND COORDINA- rying out estuary habitat restoration of the Army Corps of Engineers. TION.—In carrying out this section, the Col- projects; (d) FEDERAL AGENCY FACILITIES AND laborative Council shall, as the Collabo- (D) a review of how the information de- PERSONNEL.— rative Council determines it to be necessary, consult with, cooperate with, and coordinate scribed in subparagraphs (A) through (C) has (1) IN GENERAL.—Federal agencies may co- its activities with the activities of other ap- been incorporated in the selection and imple- operate in carrying out scientific and other propriate Federal agencies. mentation of estuary habitat restoration programs necessary to carry out this Act, (g) BENEFITS AND COSTS OF ESTUARY HABI- projects; and may provide facilities and personnel, for TAT RESTORATION PROJECTS.—The Collabo- (E) a review of efforts made to maintain an the purpose of assisting the Collaborative rative Council shall evaluate the benefits appropriate database of restoration projects Council in carrying out its duties under this and costs of estuary habitat restoration funded under this Act; and Act. projects in accordance with section 907 of the (F) a review of the measures taken to pro- (2) REIMBURSEMENT FROM COLLABORATIVE Water Resources Development Act of 1986 (33 vide the information described in subpara- COUNCIL.—Federal agencies may accept reim- U.S.C. 2284). graphs (A) through (C) to persons with re- bursement from the Collaborative Council (h) AUTHORIZATION OF APPROPRIATIONS.— sponsibility for assisting in the restoration for providing services, facilities, and per- There is authorized to be appropriated to the of estuary habitat. sonnel under paragraph (1).

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S2011 (e) ADMINISTRATIVE EXPENSES AND STAFF- Last October, under his chairman- as well as the economy. Recreational ING.—Not later than 180 days after the date ship, the Committee on Environment shell fishing alone in New Hampshire of enactment of this Act, the Comptroller and Public Works reported out S. 835 contributes an estimated $3 million an- General of the United States shall submit to by a voice vote. For the past 5 months, nually to the State and local economy. Congress and the Secretary an analysis of the extent to which the Collaborative Coun- his son, Senator LINCOLN CHAFEE, has New Hampshire is in the forefront of cil needs additional personnel and adminis- carried forward the effort in the Senate the national effort to identify and pro- trative resources to fully carry out its duties and helped me immensely to get where tect sensitive estuary habitats. under this Act. The analysis shall include we are today with this legislation. I am The New Hampshire Great Bay, Lit- recommendations regarding necessary addi- grateful for his leadership. I know it tle Bay and Hampton Harbor, and their tional funding. was a special matter for him to lead on tributary rivers joined the National Es- Mr. SMITH of New Hampshire. Mr. this issue and on this bill because of tuary Program in July 1995 as part of President, I ask unanimous consent what his father had done on its behalf. the New Hampshire Estuaries Project. that the committee amendment be So I am pleased to be a part of this ef- The Great Bay estuary has a rich cul- withdrawn. fort, pleased as the chairman of the En- tural history. Its beauty and resources The PRESIDING OFFICER. Without vironment and Public Works Com- attracted the Paleo Indians in the area objection, the committee amendment mittee to bring this matter to the Sen- nearly 6,000 years ago. It was also the is withdrawn. ate for final passage. site of a popular summer resort during AMENDMENT NO. 2904 To understand how important this the 1800s, as well as a shipyard. (Purpose: In the nature of a substitute) act is for protecting the environment, As a Senator from New Hampshire, I Mr. SMITH of New Hampshire. Mr. one has to understand what estuaries am proud to be involved in this histor- President, I send an amendment to the are and how valuable they are to our ical and ecological resource, and to desk and ask for its immediate consid- society. preserve it for future generations. eration. An estuary is a bay, a gulf, a sound, What we do in environmental mat- The PRESIDING OFFICER. The or an inlet where fresh water from riv- ters we should do not for the next elec- clerk will report. ers and streams meet and mixes with tion, and not for somebody’s business The assistant legislative clerk read saltwater from the ocean, or put sim- bottom line, but for the next genera- as follows: ply, it is where the river meets the sea. tion—for the generations of our grand- The Senator from New Hampshire Examples of estuaries are coastal children and their generations to come. (Mr. SMITH) proposes an amendment marshes, coastal wetlands, maritime That is why we make these decisions numbered 2904. forests, sea grass, meadows, and river to preserve these estuaries so that 1,000 Mr. SMITH of New Hampshire. Mr. deltas. years from now our descendents can President, I ask unanimous consent Estuaries represent some of the most say: We can see an estuary because that reading of the amendment be dis- environmentally and economically pro- those guys stood up when it counted pensed with. ductive habitats in the entire world. and they saved them for us. The PRESIDING OFFICER. Without Estuaries are critical for wildlife. Ap- That is a great legacy. objection, it is so ordered. proximately 50 percent of the Nation’s Unfortunately, though, many of the (The text of the amendment is print- migratory songbirds are linked to estuaries around the United States, in- ed in today’s RECORD under ‘‘Amend- coastal estuary habitat, while near 30 cluding those in New Hampshire, have ments Submitted.’’) percent of North American waterfowl been harmed by excessive urbanization Mr. SMITH of New Hampshire. Mr. rely upon coastal estuary habitat for of surrounding areas. According to the President, I am very pleased that the wintering grounds. Threatened and en- EPA’s National Water Quality Inven- Senate is taking up today an impor- dangered species depend upon estuaries tory, 38 percent of the surveyed estu- tant piece of legislation that will en- for their survival. ary habitat is impaired. S. 835 is a tre- hance our ability to protect the Na- Estuaries also play a major role in mendous step to establishing a much tion’s most valuable shoreline habi- commercial and recreational fishing as needed restoration program. tats. This bill, S. 835, the Estuary Habi- well. Approximately 70 percent of the What does S. 835 do? It does not du- tat Restoration Partnership Act, is a commercial fish catch, and 80 to 90 per- plicate any existing efforts, but instead great tribute, I think, to not only our cent of recreational fish catch, depend it builds upon current restoration leadership in the Senate but also to our in some way on estuaries. Obviously projects by establishing a community- late colleague, Senator John Chafee. I these fish swim up into those estuaries driven, incentive-based program while urge my colleagues to support this bill and spawn, and those small fish work expanding EPA’s ability to provide and move it forward quickly, to get it their way back into the oceans. grants for conservation management into law. You may not realize it, but estuaries plans. S. 835 is an example of environmental also contribute significantly to the It has a national strategy because a policy based on partnership and co- quality of life that many of us enjoy as national strategy is vital in order to operation—not on this top-down man- Americans. Over one-half of the entire coordinate current and future restora- date, overburdensome Federal regula- population of the United States lives tion efforts among both Federal, State, tion, but a partnership and a coopera- near a coastal area. and local programs. Sometimes estu- tive effort. It shows you, when you Traditionally, a great majority of aries have no State borders. They move have a partnership and have a coopera- Americans visit estuaries every year to across the borders of States and towns. tive effort and don’t try to impose reg- swim, to fish, to hunt, to dive, to bike, We have a collaborative council to ulations, what you can do. This bill is to learn, or just to view the beauty of accomplish this goal. S. 835 establishes a good example of that. It promotes the marshes and the wildlife. this council. It is chaired by the Sec- working together in a partnership situ- For many States, this tourism pro- retary of the Army with the participa- ation with the States, with local provides enormous economic benefit, and tion of the Under Secretary for Oceans grams, and with the private sector. it does in New Hampshire, as well as al- and Atmosphere, the Department of This bill will make it possible to re- most every State in the Union. Commerce, the Administrator of EPA, store 1 million acres of habitat with al- In fact, the coastal recreation and and the Secretary of Interior. most no cost to the taxpayer. Environ- tourism industry is the second largest It will be authorized to distribute mental success is what this is, and it is employer in the Nation serving 180 mil- $315 million over 5 years to community the kind of environmental success that lion Americans each year. groups to implement restoration I am very proud to support. This bill is These many attributes of estuaries projects. yet one more of the many legacies of are especially important to me because It establishes criteria to select our friend and late colleague, Senator of the rich coastline of New Hampshire. projects; for example, quantity and John Chafee of Rhode Island. He was We only have 18 or 19 miles of it, but it quality of the habitat to be restored; the principal sponsor and a longtime is rich. New Hampshire estuaries con- criteria to minimize the Federal share; champion of the estuary system in this tribute to dynamic habitat, and they criteria to address sources of pollution country. contribute to the beauty of the State that would otherwise again impair the

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2012 CONGRESSIONAL RECORD — SENATE March 30, 2000 restored habitat; and, criteria that fos- through cooperation, not confronta- our most beloved cities: Boston, New ters the development of cost-effective tion. And that is what this bill is all Orleans, San Francisco, New York, Se- and innovative technologies. about. attle—are located alongside estuaries. This bill encourages local commu- Decisions that affect local commu- While some may disagree, I would nities and the private sector to develop nities are to be made by local commu- have to strongly argue that the most partnerships to implement restoration nities. They use taxpayer dollars wise- precious estuary is Narragansett Bay, activities. Decisions of how to restore ly and effectively. located in my home State of Rhode Is- these estuaries are made by the local This bill represents the sixth report land. Rhode Island is ‘‘the Ocean communities. by the Environment and Public Works State;’’ The anchor adorns our State Another key feature of the bill is Committee since I became its chair- flag; and we have an official State that it ensures accountability through man just a few months ago. shell, the Quahog. And, we are known ongoing monitoring and evaluation. I include also the reauthorization of for our sailing, seafood and beaches. NOAA maintains a database of restora- the National Fish and Wildlife Founda- Tourism, fishing and other bay-related tion projects. Information and lessons tion Establishment Act, and a wetlands businesses fuel the regional economy. learned from one project can be incor- bill in Louisiana. As a Rhode Islander, it is clear that our porated into other restoration projects. It is only the sixth in what I hope welfare depends on a clean, healthy, The council will publish the biannual will be a long line of good, solid, and productive bay. report to Congress detailing the strong, bipartisan environmental bills. The bottom line is that we are not progress made under the act. It allows We all breathe the same air. We all doing enough for these valuable re- Congress and the public to know about like to drink clean water. We all like sources. The combination of develop- the successes and failures of the to walk the land and to have that land ment and pollution in our coastal areas projects and strategies under this sec- be clean and to enjoy the wildlife. has resulted in a widespread decline in tion. I have never been able to figure out estuary habitat. Estuaries are national S. 835 includes important provisions why Democrats perhaps would like to treasures, and they deserve a national dealing with the National Estuaries do that more than Republicans, or vice effort to protect and restore them. Program, the Chesapeake Bay Region versa. This is nonpartisan. This is bi- The Estuary Habitat Restoration Program, and the Long Island Sound. partisan. Partnership Act answers the growing I know that these provisions have This is good legislation, and many of challenge of estuary restoration. It been of particular importance to Sen- these initiatives were very important sets a goal of restoring one million ators WARNER and LIEBERMAN, and no to our beloved former colleague, John acres of estuary habitat by the year doubt they will be addressing the im- Chafee. 2010. This bill emphasizes the crucial portance of these programs on the floor I thank Senator BAUCUS and my ingredients of successful habitat res- very soon. other committee colleagues, as well as toration projects: effective coordina- However, I want to acknowledge the Senators LOTT and DASCHLE, for help- tion among different levels of govern- important role that the National Estu- ing us to continue the tradition of bi- ment; continued investment by public aries Program has played in raising na- partisan action on environmental mat- and private sector partners; and, most tional awareness on the value of these ters. That is so much a part of the leg- importantly, active participation by habitats. acy of John Chafee. local communities. The National Estuaries Program, es- I urge my colleagues to support its Some of the key provisions of the bill tablished in 1988, demonstrates what passage. are: a $315 million authorization over 5 we can accomplish when the Federal Mr. L. CHAFEE. Mr. President, I rise years for habitat restoration projects; Government, the State government, today in support of S. 835, the Estuary creation of a council to help develop a and the local government work to- Habitat Restoration Partnership Act. national strategy for habitat restora- gether in partnership without all of the Senator John H. Chafee was the spon- tion; and a cost-sharing requirement to friction and without all the confronta- sor of this bill; indeed, it was one of his help leverage Federal dollars. S. 835 tion. top environmental priorities this Con- also promotes ongoing restoration ef- Participation in the program is vol- gress. Like the many supporters of this forts by reauthorizing the Chesapeake untary, and it emphasizes watershed bill, I believe this legislation is needed Bay Program and the Long Island planning and community involvement. to turn the tide and start restoring the Sound Estuary Program. I have met with so many people at valuable estuarine habitats that are And, the bill makes a significant and the local and State level on so many of literally disappearing along our Na- necessary change in the EPA’s Na- these environmental projects who are tion’s coasts. I hope all of my col- tional Estuary Program. Up until now, knowledgeable, smart, and well-edu- leagues in the House and Senate will the 28 designated estuaries of national cated people who know these issues join me in working towards its timely significance—including Narragansett very well. They don’t need to be dic- enactment. Bay—could only use Federal funds to tated to by the Federal Government. I would like to briefly discuss the im- develop conservation and management To date, 28 conservation plans under portance of estuaries to the hundreds plans. This bill amends the program to this program have been prepared for of different animals that live in or near allow NEP grants to be used to imple- designated estuaries. I am pleased that these waterbodies. Estuaries are de- ment the conservation measures in- New Hampshire is in the process of defined as waterbodies where the river’s cluded in those plans, and it doubles veloping its own conservation plan. current meets the sea’s tide. These the authorization for the National Es- Unfortunately, though, the program waterbodies are truly unique areas tuary Program. Indeed, a central does not have sufficient resources to where life thrives. The food chain be- theme of this legislation is the need to adequately address all habitat restora- gins in estuaries, and many of them carry out projects within existing tion. Until now, in fact, only the devel- produce more harvestable human food plans and get moving with on-the- opment of a plan could be funded—not per acre than the best Mid-western ground restoration activities. their implementation. S. 835 will farmland. An astonishing variety of Responding effectively to the grow- change that. life, including animals as diverse as ing threats to our bays, sounds and This bill will increase the authoriza- lobsters, whooping cranes, manatees, other coastal waters presents a tre- tion for the program from $12 million salmon, otters, bald eagles, and sea mendous challenge: Federal resources to $25 million annually for 2001 and turtles all depend on estuaries for their are scarce, the need is great, and the 2002. survival. The San Francisco Bay area pressure on these areas is intensifying. Let me close by saying that there is alone is home to approximately 255 Yet, I am encouraged by the enormous overwhelmingly bipartisan support for bird species, 81 mammal species, 30 rep- support—at the local, State and Fed- this bill. It represents an approach to tile species and 14 amphibian species. eral levels—for taking action to arrest environmental policy that should be And we cannot forget the importance the deterioration of our estuaries, and the basis for solving environmental of estuaries to the human species. As to reverse the trend through restora- problems by dealing with these issues you look around the country—some of tion projects. And, these restoration

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S2013 projects do work. Simply by storing Estuaries are critical not only to en- critical importance of protecting and the flow of saltwater to a marsh, or vironmental health, but to economic restoring estuarine ecosystems. Estu- dredging a salt pond to its original health as well. They support commer- aries provide habitat to more than depth, we allow nature a chance to re- cial activities, such as shipping and three-quarters of the fish and shellfish vive and flourish. fishing. They are a source of drinking harvested in the United States. They As the former Mayor of Warwick, RI, water for coastal areas. They also pro- are home to thousands of species of I have experienced first hand the com- vide recreation opportunities for resi- plants and animals, including many en- plexity of restoring estuary habitat de- dents and visitors who want to boat, dangered and threatened species. They graded by pollution. The City of War- fish, or birdwatch. support millions of American jobs and wick surrounds Greenwich Bay, which In my state of North Carolina, our play a vital role in the quality of life contains some of the most productive estuaries are of vital importance. that our citizens enjoy. But the health shellfish beds in Rhode Island. In 1992, North Carolina’s estuarine system is and productivity of our estuaries are bacterial contamination closed the en- the second largest in the continental being degraded or destroyed by the tre- tire area to shell fishing. My city re- United States, encompassing more mendous increase in shoreline popu- sponded with the Greenwich Bay Ini- than 2.2 million acres. Our coastal lation and development, increasing tiative, an ongoing effort to restore the waters produce more than half the fish point and non-point source pollution estuary. With help from the State, the caught on the East Coast. North Caro- and other activities. It is estimated Federal Government and the private lina is also home to one of the last bay that, over the past century, some estu- sector, we rehabilitated sewer systems, scallop fisheries in the United States. aries have lost up to 90 percent of their installed marina pump-out stations, re- This industry depends upon submerged original habitat. duced agricultural runoff and acquired aquatic seagrasses that are extremely The Estuary Habitat Restoration sensitive land for open space conserva- sensitive to pollution and they must be Partnership Act seeks to reverse these tion. protected. Our estuary system is also trends by setting the goal of restoring A lot of progress has been made to- home to large number of pelicans, who 1 million acres of estuarine habitat by wards restoring the health of the years ago were nearly extinct but have the year 2010. It authorizes federal Greenwich Bay, but considerable work funding totaling $315 million over the remains to be done. The challenge of now rebounded dramatically in their restored habitat. Nearly ten percent of next 5 years for the U.S. Army Corps of estuary restoration is even greater at Engineers, in cooperation with NOAA, the national level. With the aid of the North Carolina’s coastal estuaries have been designated as ‘‘Outstanding Re- EPA and the U.S. Fish and Wildlife Estuary Habitat Restoration Partner- Service, to carry out estuary habitat ship Act, we can revive our most pre- source Waters’’ by the state Environ- mental Management Commission. restoration projects and provides in- cious and productive estuary resources. centives for local communities to par- When you consider this bill, please re- These waters are some of the most valuable in the state, indeed in the nation. ticipate in creative partnerships. It member that the beginnings of the food also reauthorizes the National Estuary chain that sustain life on Earth dwell I believe we must fight hard to protect Program and, for the first time, en- in the marshes and tidal pools that we them for the future. This legislation ables EPA to provide grants to imple- seek to protect. I hope my colleagues will help us do that. ment conservation and management will support this important bill. The National Estuary Program has Mr. EDWARDS. Mr. President, I rise enabled nearly thirty estuaries to de- plans as well as design the plans. Also incorporated in this measure is today to express how pleased I am that velop restoration and management S. 492, the Chesapeake Bay Restoration we will be passing S. 835, the Estuary plans—including the Albemarle and Act (CBRA), which I introduced to- Habitat Restoration Partnership Act of Pamlico Sounds in North Carolina. gether with Senators WARNER, ROBB, 1999. This legislation, introduced by This legislation is an important com- MIKULSKI and SANTORUM to reauthorize our former colleague Sen. John Chafee, ponent to insuring the continued good and enhance EPA’s Chesapeake Bay will reauthorize the National Estuary health of these estuaries, and I am ex- Program at $25 million annually and tremely pleased to see it pass the Sen- Program. Mr. President, the Chesa- will allow these funds to be used to ate. peake Bay Program (CBP) was estab- help implement and develop estuary Finally, Mr. President, I’d like to say lished in 1983 with the signing of the management plans. It will also set a a few words about the man who intro- Chesapeake Bay Agreement which for- goal of restoring 1 million acres of es- duced this legislation, our friend and mally bound the Federal Government tuary habitat over the next decade. colleague, Senator John Chafee. Sen- and the States to work together to re- I am proud to be a cosponsor of this ator Chafee was able to be a non- store and protect the Bay. It is the old- important legislation because it will partisan voice of reason on a great est EPA geographic program and the help us restore and protect our nation’s many issues. I miss him dearly. This first estuary in the nation to be tar- estuaries. Too many of our estuaries legislation is a tribute to his persever- geted for restoration as a single eco- are endangered by various forms of pol- ance and ability to develop legislation system. EPA’s participation in the lution or from overuse and develop- that we all recognize as a benefit to CBP was formally authorized in the ment. In North Carolina, we are still our nation as a whole. I thank him for Water Quality Act of 1987. The Act au- dealing with the effects of last year’s his dedication, and I am pleased that thorized $3 million annually to support devastating hurricane season; the full Senator LINCOLN CHAFEE is on hand for the activities of the Agency’s Chesa- effect on places like the Albemarle and the passage of this important measure. peake Bay Program Office in Annap- Pamlico Sounds are still being evalu- I ask unanimous consent that my olis, Maryland which coordinates Fed- ated. This legislation will enable estu- statement be placed in the RECORD fol- eral and State efforts to restore and aries like the Albemarle and Pamlico lowing the remarks of Senator CHAFEE protect the Bay and $10 million annu- Sounds to implement the restoration on this legislation. ally for matching Interstate Develop- and management plans that were de- Mr. SARBANES. Mr. President, I rise ment grants. veloped several years ago. This legisla- in strong support of S. 835, the Estuary The Chesapeake Bay Program has tion will help make them healthier, Habitat Restoration Partnership Act of evolved considerably in the years since more ecologically productive estuarine 1999. This legislation is absolutely vital it was first established and has become habitats. to the future health of our nation’s es- a model for other estuaries around the Estuaries are home to a remarkably tuaries, including our largest and most country and around the world. The Bay diverse wildlife population, and they productive estuary—the Chesapeake Program has pioneered a wide range of provide a ‘‘safe haven’’ for plant and Bay, and Maryland’s Coastal Bays, and pollution control initiatives, including animal species, many of which are en- I am proud to be an original co-sponsor biological nutrient removal technology dangered. They are essential habitats of this measure. implemented at 42 wastewater treat- for many young fish species who need H.L. Mencken once called the Chesa- ment facilities; various agricultural clean and healthy estuaries to spawn. peake Bay a ‘‘great outdoor protein nonpoint source controls, such as nu- They are also an important resting factory,’’ a description which, perhaps trient management and integrated pes- spot for many migratory bird species. more than any other, underscores the ticide management being implemented

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2014 CONGRESSIONAL RECORD — SENATE March 30, 2000 on nearly two million acres of agricul- help local groups preserve and restore tance of Long Island Sound to the re- tural land; and implementation of a stream corridors. The initiative would gion’s economic health and quality of basinwide ban on phosphate detergents make ‘‘seed grants’’ and technical as- life. Water-quality-dependent activities and a national ban on tributylin. The sistance available to local govern- such as commercial and recreational Bay Program has also been a leader in ments, nonprofit organizations and fishing, boating, and swimming con- establishing a large volunteer moni- citizens’ groups involved in river and tribute an estimated $5 billion to the toring program; creating a sophisti- stream-restoration projects. It is my regional economy each year. The cated computer modeling program; hope that the legislation will enable Sound is the leading producer of oys- identifying atmospheric deposition of the Chesapeake Bay Program to con- ters along the east coast. In addition, nitrogen as a significant pollution tinue its leadership and technology despite the many industrial facilities source for east coast estuaries; con- transfer to other groups participating and residential developments along its ducting an extensive habitat restora- in the National Estuary Program, par- shoreline, the Sound is recognized nation program including the opening of ticularly in the areas of nutrient re- tionally for its distinctive habitat hundreds of miles of prime spawning duction through new technologies, types, including tidal wetlands, tidal habitat to migratory fish through the such as biological nutrient removal; air flats, beaches, dunes, bluffs, rocky construction of fish passages; and the deposition of nitrogen to estuarine and tidal areas, eelgrass, kelp beds, and restoration of submerged aquatic vege- coastal waters; computer modeling; natural and artificial reefs. tation to support the filtering of nutri- and environmental indicators with an However, the Sound does experience ents as well as habitat for the Bay’s emphasis on measuring improvements many of the same challenges as other living resources. The CBP has also to living resources. estuaries—residential, commercial, and Mr. President, in my judgement, the spawned landmark state legislation industrial development have increased provisions contained in S. 835, will pay pollution and removed or altered habi- such as nutrient management of farms, significant dividends in the years growth management and forest con- tat, and excess nutrients have resulted ahead by helping to preserve and en- in low levels of dissolved oxygen in the servation and critical area protection. hance our nation’s estuaries, while at The 1987 Chesapeake Bay Agreement waters of the Sound. the same time improving the quality of expanded initial restoration efforts by The Long Island Sound estuary pro- life for our citizens. I want to commend targeting nutrient overenrichment as gram predated the National Estuary the Chairman and ranking member of the Bay’s major problem, and estab- Program (NEP). As early as 1985, Con- the Committee, Senators SMITH and lishing the goal to reduce by 40%, nu- gress recognized Long Island Sound as BAUCUS, for moving this legislation to trients flowing into the Bay by 2000. a national treasure when it appro- the Senate floor. In my judgement, the The pact included 28 other specific priated funding for the Long Island legislation is a real tribute and fitting commitments to address key issues in Sound Study to research, monitor, and legacy to the former Chairman of the living resources, water quality, popu- assess the water quality of the Sound. Committee and author of the legisla- lation growth and development, public When the National Estuary Program tion, John Chafee. I also want to ex- information and public access. The 1992 was created in 1987, the Long Island press my appreciation to the co-spon- Amendments to the Agreement moved Sound became a charter member. In sors of the Chesapeake Bay bill, Sen- the Program upriver, committing the the intervening years, Federal and ators WARNER, MIKULSKI, ROBB and 40% nutrient reduction goal to the ten state government, business, labor, en- SANTORUM for their assistance. I urge major tributaries to the Bay, as well as vironmental groups, and local commu- my colleagues to join me in supporting committing to retain the 40% nutrient nities in Connecticut and New York this measure. reductions as a permanent cap to be ex- Mr. LIEBERMAN. Mr. President, I have come together to make a signifi- tended beyond 2000. rise today in support of the Estuary cant commitment to cleaning up the There are signs that the general deg- Habitat Restoration Partnership Act, Sound. More recently, in 1994, the Gov- radation of Chesapeake Bay has ebbed, S. 835. When our late colleague, Sen- ernors of Connecticut and New York and actual restoration has begun. How- ator John Chafee, introduced this bill, and the Administrator of the EPA ever, numerous problems remain. he did so because he understood the jointly adopted the Long Island Sound Rapid population growth and develop- tremendous importance of estuaries to Comprehensive Conservation and Man- ment are expected in the areas of the our national economy and environ- agement Plan (CCMP) which incor- Bay watershed closest to its waters. ment. At the same time, Senator porated the results of the Long Island Loadings of nitrogen and sediments to Chafee was concerned about the consid- Sound Study. Since 1985, Federal, the Bay remain high. Toxic sediment erable challenges the nation’s estuaries state, and private funds have been well and water column contaminants are a face, such as habitat loss, concentra- spent on researching the existing con- problem in specific regions of concern tion of upstream pollutants, and coast- ditions of the Sound and identifying and some other Chesapeake Bay loca- al development. S. 835 would enable us conservation and restoration needs. tions. Of great concern are recent out- to move forward as a nation in address- These efforts bode well for the health breaks of Pfiesteria-like organisms and ing those challenges, and I am proud to of the Long Island Sound; however, the occurrence of lesions from other be a cosponsor of this bill. much work remains to be done. Last sources on striped bass and other com- Mr. President, I am particularly fall, the Long Island Sound lobster mercial and recreationally important happy to be here today because this fishery experienced a severe die-off, finfish in the Bay. Important food legislation, if passed, would have a real with losses in some ports as high as 90 chain species and populations of forage impact on the estuary nearest and percent. Preliminary research suggests fish are also declining. dearest to my own heart, the Long Is- that a combination of environmental In order to address these problems land Sound. Title 3 of the bill reauthor- stresses may have caused this dramatic and continue restoration efforts, the izes the Long Island Sound Office collapse. CBRA reauthorizes and increases fund- through 2005 and significantly in- The time has come to move from ing for EPA’s Chesapeake Bay Program creases the funding authorization. Last identifying to implementing the con- from the current level of approxi- fall, with the Connecticut and New servation and restoration projects mately $20 million to $30 million a York delegations, I introduced S. 1632 which will directly improve the water year. It encourages and assists Chesa- to reauthorize the Office and provide quality and habitat of the Long Island peake Bay Agreement signatories in significant new funding to implement Sound. The Estuary Habitat Restora- meeting nutrient reduction, water critical conservation and restoration tion Partnership Act would help make quality, toxics reduction and preven- projects which will directly improve this possible by leveraging on-the- tion and habitat restoration goals, and the health of the Sound. I am grateful ground restoration work with Federal requires that federal facilities within to my colleagues for including that re- funding and by creating market-based the watershed comply with nutrient reauthorization in the Estuary Habitat incentives for the private sector to duction and other Agreement goals. Restoration Partnership Act. work with community-based organiza- The legislation also creates a new Having grown up on the coast of Con- tions and local governments on res- small watersheds program designed to necticut, I am well aware of the impor- toration efforts. This is an important

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S2015 bill for my state and our country, and activities in existence on the date of enact- (i) an act that constitutes mitigation for I look forward to seeing it pass this ment of this Act should be strengthened and the adverse effects of an activity regulated body. new public and public-private estuary habi- or otherwise governed by Federal or State Mr. SMITH of New Hampshire. I ask tat restoration partnerships established. law; or SEC. 103. PURPOSES. (ii) an act that constitutes restitution for unanimous consent the amendment be The purposes of this Act are— natural resource damages required under any agreed to, the bill be read the third (1) to establish a voluntary program to re- Federal or State law. time and passed, the motion to recon- store 1,000,000 acres of estuary habitat by (6) ESTUARY HABITAT RESTORATION sider be laid upon the table, and that 2010; PROJECT.—The term ‘‘estuary habitat res- any additional statements be printed (2) to ensure coordination of Federal, toration project’’ means an estuary habitat in the Record. State, and community estuary habitat res- restoration activity under consideration or The PRESIDING OFFICER. Without toration programs, plans, and studies; selected by the Collaborative Council, in ac- objection, it is so ordered. (3) to establish effective estuary habitat cordance with this title, to receive financial, restoration partnerships among public agen- technical, or another form of assistance. The amendment (No. 2904) was agreed cies at all levels of government and between (7) ESTUARY HABITAT RESTORATION STRAT- to. the public and private sectors; EGY.—The term ‘‘estuary habitat restoration The bill (S. 835), as amended, was (4) to promote efficient financing of estu- strategy’’ means the estuary habitat restora- read a third time and passed, as fol- ary habitat restoration activities; and tion strategy developed under section 106(a). lows: (5) to develop and enhance monitoring and (8) FEDERAL ESTUARY MANAGEMENT OR HABI- Be it enacted by the Senate and House of research capabilities, through use of the en- TAT RESTORATION PLAN.—The term ‘‘Federal Representatives of the United States of America vironmental technology innovation program estuary management or habitat restoration in Congress assembled, associated with the National Estuarine Re- plan’’ means any Federal plan for restora- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. search Reserve System (established by section of degraded estuary habitat that— tion 315 of the Coastal Zone Management Act (a) SHORT TITLE.—This Act may be cited as (A) was developed by a public body with the ‘‘Estuary Habitat and Chesapeake Bay of 1972 (16 U.S.C. 1461)), to ensure that res- the substantial participation of appropriate Restoration Act of 2000’’. toration efforts are based on sound scientific public and private stakeholders; and understanding and innovative technologies. (b) TABLE OF CONTENTS.—The table of con- (B) reflects a community-based planning tents of this Act is as follows: SEC. 104. DEFINITIONS. process. In this title: Sec. 1. Short title; table of contents. (9) SECRETARY.—The term ‘‘Secretary’’ (1) COLLABORATIVE COUNCIL.—The term means the Secretary of the Army, or a des- TITLE I—ESTUARY HABITAT ‘‘Collaborative Council’’ means the inter- ignee. RESTORATION agency council established by section 105. (10) UNDER SECRETARY.—The term ‘‘Under Sec. 101. Short title. (2) DEGRADED ESTUARY HABITAT.—The term Secretary’’ means the Under Secretary for Sec. 102. Findings. ‘‘degraded estuary habitat’’ means estuary Oceans and Atmosphere of the Department Sec. 103. Purposes. habitat where natural ecological functions of Commerce, or a designee. have been impaired and normal beneficial Sec. 104. Definitions. SEC. 105. ESTABLISHMENT OF COLLABORATIVE Sec. 105. Establishment of Collaborative uses have been reduced. COUNCIL. (3) ESTUARY.—The term ‘‘estuary’’ means— Council. (a) COLLABORATIVE COUNCIL.—There is es- Sec. 106. Duties of Collaborative Council. (A) a body of water in which fresh water tablished an interagency council to be Sec. 107. Cost sharing of estuary habitat res- from a river or stream meets and mixes with known as the ‘‘Estuary Habitat Restoration toration projects. salt water from the ocean, including the area Collaborative Council’’. Sec. 108. Monitoring and maintenance of es- located in the Great Lakes Biogeographic (b) MEMBERSHIP.— tuary habitat restoration Region and designated as a National Estua- (1) IN GENERAL.—The Collaborative Council projects. rine Research Reserve under the Coastal shall be composed of the Secretary, the Zone Management Act of 1972 (16 U.S.C. 1451 Sec. 109. Cooperative agreements; memo- Under Secretary, the Administrator of the et seq.) as of the date of enactment of this randa of understanding. Environmental Protection Agency, and the Act; and Sec. 110. Distribution of appropriations for Secretary of the Interior (acting through the (B) the physical, biological, and chemical estuary habitat restoration ac- Director of the United States Fish and Wild- elements associated with such a body of tivities. life Service), or their designees. Sec. 111. Authorization of appropriations. water. (2) CHAIRPERSON; LEAD AGENCY.—The Sec- Sec. 112. National estuary program. (4) ESTUARY HABITAT.— retary, or designee, shall chair the Collabo- Sec. 113. General provisions. (A) IN GENERAL.—The term ‘‘estuary habi- rative Council, and the Department of the TITLE II—CHESAPEAKE BAY tat’’ means the complex of physical and hydrologic features and living organisms with- Army shall serve as the lead agency. RESTORATION ONVENING OF COLLABORATIVE COUN- in estuaries and associated ecosystems. (c) C Sec. 201. Short title. CIL.—The Secretary shall— (B) INCLUSIONS.—The term ‘‘estuary habi- Sec. 202. Findings and purposes. tat’’ includes salt and fresh water coastal (1) convene the first meeting of the Col- Sec. 203. Chesapeake Bay restoration. marshes, coastal forested wetlands and other laborative Council not later than 30 days TITLE III—LONG ISLAND SOUND coastal wetlands, maritime forests, coastal after the date of enactment of this Act; and Sec. 301. Reauthorization. grasslands, tidal flats, natural shoreline (2) convene additional meetings as often as areas, shellfish beds, sea grass meadows, kelp appropriate to ensure that this title is fully TITLE I—ESTUARY HABITAT carried out, but not less often than quar- RESTORATION beds, river deltas, and river and stream banks under tidal influence. terly. SEC. 101. SHORT TITLE. (5) ESTUARY HABITAT RESTORATION ACTIV- (d) COLLABORATIVE COUNCIL PROCEDURES.— This title may be cited as the ‘‘Estuary ITY.— (1) QUORUM.—Three members of the Col- Habitat Restoration Partnership Act of (A) IN GENERAL.—The term ‘‘estuary habi- laborative Council shall constitute a 2000’’. tat restoration activity’’ means an activity quorum. SEC. 102. FINDINGS. that results in improving degraded estuary (2) VOTING AND MEETING PROCEDURES.—The Congress finds that— habitat (including both physical and func- Collaborative Council shall establish proce- (1) estuaries provide some of the most eco- tional restoration), with the goal of attain- dures for voting and the conduct of meetings logically and economically productive habi- ing a self-sustaining system integrated into by the Council. tat for an extensive variety of plants, fish, the surrounding landscape. SEC. 106. DUTIES OF COLLABORATIVE COUNCIL. wildlife, and waterfowl; (B) INCLUDED ACTIVITIES.—The term ‘‘estu- (a) ESTUARY HABITAT RESTORATION STRAT- (2) the estuaries and coastal regions of the ary habitat restoration activity’’ includes— EGY.— United States are home to one-half the popu- (i) the reestablishment of physical features (1) IN GENERAL.—Not later than 1 year after lation of the United States and provide es- and biological and hydrologic functions; the date of enactment of this Act, the Col- sential habitat for 75 percent of the commer- (ii) except as provided in subparagraph laborative Council, in consultation with non- cial fish and 80 to 90 percent of the rec- (C)(ii), the cleanup of contamination related Federal participants, including nonprofit reational fish catches of the United States; to the restoration of estuary habitat; sectors, as appropriate, shall develop an es- (3) estuaries are gravely threatened by (iii) the control of non-native and invasive tuary habitat restoration strategy designed habitat alteration and loss from pollution, species; to ensure a comprehensive approach to the development, and overuse; (iv) the reintroduction of native species selection and prioritization of estuary habi- (4) successful restoration of estuaries de- through planting or natural succession; and tat restoration projects and the coordination mands the coordination of Federal, State, (v) other activities that improve estuary of Federal and non-Federal activities related and local estuary habitat restoration pro- habitat. to restoration of estuary habitat. grams; and (C) EXCLUDED ACTIVITIES.—The term ‘‘estu- (2) INTEGRATION OF PREVIOUSLY AUTHORIZED (5) the Federal, State, local, and private ary habitat restoration activity’’ does not ESTUARY HABITAT RESTORATION PLANS, PRO- cooperation in estuary habitat restoration include— GRAMS, AND PARTNERSHIPS.—In developing

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2016 CONGRESSIONAL RECORD — SENATE March 30, 2000 the estuary habitat restoration strategy, the source of funding for programs to acquire or consult with, cooperate with, and coordinate Collaborative Council shall— restore estuary habitat, natural areas, and its activities with the activities of other ap- (A) conduct a review of— open spaces. propriate Federal agencies. (i) Federal estuary management or habitat (E) Whether the proposed estuary habitat (g) BENEFITS AND COSTS OF ESTUARY HABI- restoration plans; and restoration project will encourage the in- TAT RESTORATION PROJECTS.—The Collabo- (ii) Federal programs established under creased coordination and cooperation of Fed- rative Council shall evaluate the benefits other law that provide funding for estuary eral, State, and local government agencies. and costs of estuary habitat restoration habitat restoration activities; (F) The amount of private funds or in-kind projects in accordance with section 907 of the (B) develop a set of proposals for— contributions for the estuary habitat res- Water Resources Development Act of 1986 (33 (i) using programs established under this toration project. U.S.C. 2284). Act or any other Act to maximize the incen- (G) Whether the proposed habitat restora- (h) AUTHORIZATION OF APPROPRIATIONS.— tives for the creation of new public-private tion project includes a monitoring plan to There is authorized to be appropriated to the partnerships to carry out estuary habitat ensure that short-term and long-term res- Department of the Army for the administra- restoration projects; and toration goals are achieved. tion and operation of the Collaborative (ii) using Federal resources to encourage (H) Other factors that the Collaborative Council $4,000,000 for each of fiscal years 2001 increased private sector involvement in estu- Council determines to be reasonable and nec- through 2005. ary habitat restoration activities; and essary for consideration. SEC. 107. COST SHARING OF ESTUARY HABITAT (C) ensure that the estuary habitat res- (3) PRIORITY ESTUARY HABITAT RESTORATION RESTORATION PROJECTS. toration strategy is developed and will be PROJECTS.—An estuary habitat restoration (a) IN GENERAL.—No financial assistance in implemented in a manner that is consistent project shall be given a higher priority in re- carrying out an estuary habitat restoration with the findings and requirements of Fed- ceipt of funding under this title if, in addi- project shall be available under this title eral estuary management or habitat restoration to meeting the selection criteria speci- from any Federal agency unless the non-Fed- tion plans. fied in this section— eral applicant for assistance demonstrates (3) ELEMENTS TO BE CONSIDERED.—Con- (A) the estuary habitat restoration project that the estuary habitat restoration project sistent with the requirements of this section, is part of an approved Federal estuary man- meets— the Collaborative Council, in the develop- agement or habitat restoration plan; (1) the requirements of this title; and ment of the estuary habitat restoration (B) the non-Federal share with respect to (2) any criteria established by the Collabo- strategy, shall consider— the estuary habitat restoration project ex- rative Council under this title. (A) the contributions of estuary habitat ceeds 50 percent; (b) FEDERAL SHARE.—The Federal share of to— (C) there is a program within the water- the cost of an estuary habitat restoration (i) wildlife, including endangered and shed of the estuary habitat restoration and protection project assisted under this threatened species, migratory birds, and project that addresses sources of water pollu- title shall be not more than 65 percent. resident species of an estuary watershed; tion that would otherwise re-impair the re- (c) NON-FEDERAL SHARE.—The non-Federal (ii) fish and shellfish, including commer- stored habitat; or share of the cost of an estuary habitat res- cial and sport fisheries; (D) the estuary habitat restoration project toration project may be provided in the form (iii) surface and ground water quality and includes— of land, easements, rights-of-way, services, quantity, and flood control; (i) pilot testing; or or any other form of in-kind contribution de- (iv) outdoor recreation; and (ii) a demonstration of an innovative tech- termined by the Collaborative Council to be (v) other areas of concern that the Collabo- nology having potential for improved cost- an appropriate contribution equivalent to rative Council determines to be appropriate effectiveness in restoring— the monetary amount required for the non- for consideration; (I) the estuary that is the subject of the Federal share of the estuary habitat restora- (B) the estimated historic losses, esti- project; or tion project. mated current rate of loss, and extent of the (II) any other estuary. (d) ALLOCATION OF FUNDS BY STATES TO PO- threat of future loss or degradation of each (c) INTERIM ACTIONS.— LITICAL SUBDIVISIONS.—With the approval of type of estuary habitat; and (1) IN GENERAL.—Pending completion of the the Secretary, a State may allocate to any (C) the most appropriate method for select- estuary habitat restoration strategy devel- local government, area-wide agency des- ing a balance of smaller and larger estuary oped under subsection (a), the Collaborative ignated under section 204 of the Demonstra- habitat restoration projects. Council may pay the Federal share of the tion Cities and Metropolitan Development (4) ADVICE.—The Collaborative Council cost of an interim action to carry out an es- Act of 1966 (42 U.S.C. 3334), regional agency, shall seek advice in restoration of estuary tuary habitat restoration activity. or interstate agency, a portion of any funds habitat from experts in the private and non- (2) FEDERAL SHARE.—The Federal share disbursed in accordance with this title for profit sectors to assist in the development of shall not exceed 25 percent. the purpose of carrying out an estuary habi- an estuary habitat restoration strategy. (d) COOPERATION OF NON-FEDERAL PART- tat restoration project. (5) PUBLIC REVIEW AND COMMENT.—Before NERS.— (e) INNOVATIVE TECHNOLOGY COSTS.—The adopting a final estuary habitat restoration (1) IN GENERAL.—The Collaborative Council Federal share of the incremental additional strategy, the Collaborative Council shall shall not select an estuary habitat restora- cost of including in a project pilot testing or publish in the Federal Register a draft of the tion project until a non-Federal interest has a demonstration of an innovative technology estuary habitat restoration strategy and entered into a written agreement with the described in section 106(b)(3)(D) shall be 100 provide an opportunity for public review and Secretary in which it agrees to provide the percent. comment. required non-Federal cooperation for the SEC. 108. MONITORING AND MAINTENANCE OF (b) PROJECT APPLICATIONS.— project. ESTUARY HABITAT RESTORATION (1) IN GENERAL.—An application for an es- PROJECTS. (2) NONPROFIT ENTITIES.—Notwithstanding tuary habitat restoration project shall origi- section 221(b) of the Flood Control Act of (a) DATABASE OF RESTORATION PROJECT IN- nate from a non-Federal organization and 1970 (42 U.S.C. 1962d–5b), for any project un- FORMATION.—The Under Secretary shall shall require, when appropriate, the approval dertaken under this section, the Secretary maintain an appropriate database of infor- of State or local agencies. may, after coordination with the official re- mation concerning estuary habitat restora- (2) FACTORS TO BE TAKEN INTO ACCOUNT.—In sponsible for the political jurisdiction in tion projects funded under this title, includ- determining the eligibility of an estuary which a project would occur, allow a non- ing information on project techniques, habitat restoration project for financial as- profit entity to serve as the non-Federal in- project completion, monitoring data, and sistance under this title, the Collaborative terest. other relevant information. Council shall consider the following: (b) REPORT.— (3) MAINTENANCE AND MONITORING.—A co- (A) Whether the proposed estuary habitat (1) IN GENERAL.—The Collaborative Council operation agreement entered into under restoration project meets the criteria speci- shall biennially submit a report to the Com- paragraph (1) shall provide for maintenance fied in the estuary habitat restoration strat- mittee on Environment and Public Works of and monitoring of the estuary habitat res- egy. the Senate and the Committee on Transpor- toration project to the extent determined (B) The technical merit and feasibility of tation and Infrastructure of the House of necessary by the Collaborative Council. the proposed estuary habitat restoration (e) LEAD COLLABORATIVE COUNCIL MEM- Representatives on the results of activities project. BER.—The Collaborative Council shall des- carried out under this title. (C) Whether the non-Federal persons pro- ignate a lead Collaborative Council member (2) CONTENTS OF REPORT.—A report under posing the estuary habitat restoration for each proposed estuary habitat restora- paragraph (1) shall include— project provide satisfactory assurances that tion project. The lead Collaborative Council (A) data on the number of acres of estuary they will have adequate personnel, funding, member shall have primary responsibility habitat restored under this title, including and authority to carry out and properly for overseeing and assisting others in imple- the number of projects approved and com- maintain the estuary habitat restoration menting the proposed project. pleted that comprise those acres; project. (f) AGENCY CONSULTATION AND COORDINA- (B) the percentage of restored estuary (D) Whether, in the State in which a pro- TION.—In carrying out this section, the Col- habitat monitored under a plan to ensure posed estuary habitat restoration project is laborative Council shall, as the Collabo- that short-term and long-term restoration to be carried out, there is a State dedicated rative Council determines it to be necessary, goals are achieved;

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(C) an estimate of the long-term success of (c) ESTUARY HABITAT RESTORATION MIS- ‘‘(2) CHESAPEAKE BAY AGREEMENT.—The varying restoration techniques used in car- SION.—The Secretary shall establish restora- term ‘Chesapeake Bay Agreement’ means the rying out estuary habitat restoration tion of estuary habitat as a primary mission formal, voluntary agreements executed to projects; of the Army Corps of Engineers. achieve the goal of restoring and protecting (D) a review of how the information de- (d) FEDERAL AGENCY FACILITIES AND PER- the Chesapeake Bay ecosystem and the liv- scribed in subparagraphs (A) through (C) has SONNEL.— ing resources of the Chesapeake Bay eco- been incorporated in the selection and imple- (1) IN GENERAL.—Federal agencies may co- system and signed by the Chesapeake Execu- mentation of estuary habitat restoration operate in carrying out scientific and other tive Council. projects; programs necessary to carry out this title, ‘‘(3) CHESAPEAKE BAY ECOSYSTEM.—The (E) a review of efforts made to maintain an and may provide facilities and personnel, for term ‘Chesapeake Bay ecosystem’ means the appropriate database of restoration projects the purpose of assisting the Collaborative ecosystem of the Chesapeake Bay and its wa- funded under this title; and Council in carrying out its duties under this tershed. (F) a review of the measures taken to pro- title. ‘‘(4) CHESAPEAKE BAY PROGRAM.—The term vide the information described in subpara- (2) REIMBURSEMENT FROM COLLABORATIVE ‘Chesapeake Bay Program’ means the pro- graphs (A) through (C) to persons with re- COUNCIL.—Federal agencies may accept reim- gram directed by the Chesapeake Executive sponsibility for assisting in the restoration bursement from the Collaborative Council Council in accordance with the Chesapeake of estuary habitat. for providing services, facilities, and per- Bay Agreement. SEC. 109. COOPERATIVE AGREEMENTS; MEMO- sonnel under paragraph (1). ‘‘(5) CHESAPEAKE EXECUTIVE COUNCIL.—The RANDA OF UNDERSTANDING. (e) ADMINISTRATIVE EXPENSES AND STAFF- term ‘Chesapeake Executive Council’ means In carrying out this title, the Collabo- ING.—Not later than 180 days after the date the signatories to the Chesapeake Bay rative Council may— of enactment of this Act, the Comptroller Agreement. (1) enter into cooperative agreements with General of the United States shall submit to ‘‘(6) SIGNATORY JURISDICTION.—The term Federal, State, and local government agen- Congress and the Secretary an analysis of ‘signatory jurisdiction’ means a jurisdiction cies and other persons and entities; and the extent to which the Collaborative Coun- of a signatory to the Chesapeake Bay Agree- (2) execute such memoranda of under- cil needs additional personnel and adminis- ment. standing as are necessary to reflect the trative resources to fully carry out its duties ‘‘(b) CONTINUATION OF CHESAPEAKE BAY PROGRAM.— agreements. under this title. The analysis shall include recommendations regarding necessary addi- ‘‘(1) IN GENERAL.—In cooperation with the SEC. 110. DISTRIBUTION OF APPROPRIATIONS Chesapeake Executive Council (and as a FOR ESTUARY HABITAT RESTORA- tional funding. TION ACTIVITIES. member of the Council), the Administrator TITLE II—CHESAPEAKE BAY shall continue the Chesapeake Bay Program. The Secretary shall allocate funds made RESTORATION available to carry out this title based on the ‘‘(2) PROGRAM OFFICE.— need for the funds and such other factors as SEC. 201. SHORT TITLE. ‘‘(A) IN GENERAL.—The Administrator shall are determined to be appropriate to carry This title may be cited as the ‘‘Chesapeake maintain in the Environmental Protection out this title. Bay Restoration Act of 2000’’. Agency a Chesapeake Bay Program Office. ‘‘(B) FUNCTION.—The Chesapeake Bay Pro- SEC. 111. AUTHORIZATION OF APPROPRIATIONS. SEC. 202. FINDINGS AND PURPOSES. gram Office shall provide support to the (a) AUTHORIZATION OF APPROPRIATIONS (a) FINDINGS.—Congress finds that— Chesapeake Executive Council by— UNDER OTHER LAW.—Funds authorized to be (1) the Chesapeake Bay is a national treas- ‘‘(i) implementing and coordinating appropriated under section 908 of the Water ure and a resource of worldwide significance; science, research, modeling, support serv- Resources Development Act of 1986 (33 U.S.C. (2) over many years, the productivity and ices, monitoring, data collection, and other 2285) and section 206 of the Water Resources water quality of the Chesapeake Bay and its activities that support the Chesapeake Bay Development Act of 1996 (33 U.S.C. 2330) may watershed were diminished by pollution, ex- Program; be used by the Secretary in accordance with cessive sedimentation, shoreline erosion, the ‘‘(ii) developing and making available, this title to assist States and other non-Fed- impacts of population growth and develop- through publications, technical assistance, eral persons in carrying out estuary habitat ment in the Chesapeake Bay watershed, and and other appropriate means, information restoration projects or interim actions under other factors; pertaining to the environmental quality and section 106(c). (3) the Federal Government (acting living resources of the Chesapeake Bay eco- (b) AUTHORIZATION OF APPROPRIATIONS.— through the Administrator of the Environ- system; There are authorized to be appropriated to mental Protection Agency), the Governor of ‘‘(iii) in cooperation with appropriate Fed- the Secretary to carry out estuary habitat the State of Maryland, the Governor of the eral, State, and local authorities, assisting restoration activities— Commonwealth of Virginia, the Governor of the signatories to the Chesapeake Bay (1) $40,000,000 for fiscal year 2001; the Commonwealth of Pennsylvania, the Agreement in developing and implementing (2) $50,000,000 for fiscal year 2002; and Chairperson of the Chesapeake Bay Commis- specific action plans to carry out the respon- (3) $75,000,000 for each of fiscal years 2003 sion, and the Mayor of the District of Colum- sibilities of the signatories to the Chesa- through 2005. bia, as Chesapeake Bay Agreement signato- peake Bay Agreement; SEC. 112. NATIONAL ESTUARY PROGRAM. ries, have committed to a comprehensive cooperative program to achieve improved ‘‘(iv) coordinating the actions of the Envi- (a) GRANTS FOR COMPREHENSIVE CONSERVA- water quality and improvements in the pro- ronmental Protection Agency with the ac- TION AND MANAGEMENT PLANS.—Section tions of the appropriate officials of other 320(g)(2) of the Federal Water Pollution Con- ductivity of living resources of the Bay; (4) the cooperative program described in Federal agencies and State and local au- trol Act (33 U.S.C. 1330(g)(2)) is amended by thorities in developing strategies to— inserting ‘‘and implementation’’ after ‘‘de- paragraph (3) serves as a national and international model for the management of estu- ‘‘(I) improve the water quality and living velopment’’. resources in the Chesapeake Bay ecosystem; (b) AUTHORIZATION OF APPROPRIATIONS.— aries; and (5) there is a need to expand Federal sup- and Section 320(i) of the Federal Water Pollution ‘‘(II) obtain the support of the appropriate Control Act (33 U.S.C. 1330(i)) is amended by port for monitoring, management, and restoration activities in the Chesapeake Bay officials of the agencies and authorities in striking ‘‘1987’’ and all that follows through achieving the objectives of the Chesapeake ‘‘1991’’ and inserting the following: ‘‘1987 and the tributaries of the Bay in order to meet and further the original and subsequent Bay Agreement; and through 1991, such sums as may be necessary ‘‘(v) implementing outreach programs for for fiscal years 1992 through 2000, and goals and commitments of the Chesapeake Bay Program. public information, education, and participa- $25,000,000 for each of fiscal years 2001 and tion to foster stewardship of the resources of 2002’’. (b) PURPOSES.—The purposes of this title are— the Chesapeake Bay. SEC. 113. GENERAL PROVISIONS. (1) to expand and strengthen cooperative ‘‘(c) INTERAGENCY AGREEMENTS.—The Ad- (a) ADDITIONAL AUTHORITY FOR ARMY CORPS efforts to restore and protect the Chesapeake ministrator may enter into an interagency OF ENGINEERS.—The Secretary— Bay; and agreement with a Federal agency to carry (1) may carry out estuary habitat restora- (2) to achieve the goals established in the out this section. tion projects in accordance with this title; ‘‘(d) TECHNICAL ASSISTANCE AND ASSIST- Chesapeake Bay Agreement. and ANCE GRANTS.— (2) shall give estuary habitat restoration SEC. 203. CHESAPEAKE BAY RESTORATION. ‘‘(1) IN GENERAL.—In cooperation with the projects the same consideration as projects The Federal Water Pollution Control Act Chesapeake Executive Council, the Adminis- relating to irrigation, navigation, or flood is amended by striking section 117 (33 U.S.C. trator may provide technical assistance, and control. 1267) and inserting the following: assistance grants, to nonprofit organiza- (b) INAPPLICABILITY OF CERTAIN LAW.—Sec- ‘‘SEC. 117. CHESAPEAKE BAY. tions, State and local governments, colleges, tions 203, 204, and 205 of the Water Resources ‘‘(a) DEFINITIONS.—In this section: universities, and interstate agencies to carry Development Act of 1986 (33 U.S.C. 2231, 2232, ‘‘(1) ADMINISTRATIVE COST.—The term ‘ad- out this section, subject to such terms and 2233) shall not apply to an estuary habitat ministrative cost’ means the cost of salaries conditions as the Administrator considers restoration project selected in accordance and fringe benefits incurred in administering appropriate. with this title. a grant under this section. ‘‘(2) FEDERAL SHARE.—

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‘‘(A) IN GENERAL.—Except as provided in ‘‘(C) the net benefits of projects funded for that complement the tributary basin strate- subparagraph (B), the Federal share of an as- previous fiscal years. gies. sistance grant provided under paragraph (1) ‘‘(f) FEDERAL FACILITIES AND BUDGET CO- ‘‘(h) STUDY OF CHESAPEAKE BAY PRO- shall be determined by the Administrator in ORDINATION.— GRAM.— accordance with guidance issued by the Ad- ‘‘(1) SUBWATERSHED PLANNING AND RES- ‘‘(1) IN GENERAL.—Not later than April 22, ministrator. TORATION.—A Federal agency that owns or 2001, and every 5 years thereafter, the Ad- ‘‘(B) SMALL WATERSHED GRANTS PROGRAM.— operates a facility (as defined by the Admin- The Federal share of an assistance grant pro- istrator) within the Chesapeake Bay water- ministrator, in coordination with the Chesa- vided under paragraph (1) to carry out an im- shed shall participate in regional and sub- peake Executive Council, shall complete a plementing activity under subsection (g)(2) watershed planning and restoration pro- study and submit to Congress a comprehen- shall not exceed 75 percent of eligible project grams. sive report on the results of the study. costs, as determined by the Administrator. ‘‘(2) COMPLIANCE WITH AGREEMENT.—The ‘‘(2) REQUIREMENTS.—The study and report shall— ‘‘(3) NON-FEDERAL SHARE.—An assistance head of each Federal agency that owns or oc- grant under paragraph (1) shall be provided cupies real property in the Chesapeake Bay ‘‘(A) assess the state of the Chesapeake on the condition that non-Federal sources watershed shall ensure that the property, Bay ecosystem; provide the remainder of eligible project and actions taken by the agency with re- ‘‘(B) assess the appropriateness of commit- costs, as determined by the Administrator. spect to the property, comply with the ments and goals of the Chesapeake Bay Pro- gram and the management strategies estab- ‘‘(4) ADMINISTRATIVE COSTS.—Administra- Chesapeake Bay Agreement, the Federal tive costs shall not exceed 10 percent of the Agencies Chesapeake Ecosystem Unified lished under the Chesapeake Bay Agreement annual grant award. Plan, and any subsequent agreements and for improving the state of the Chesapeake plans. Bay ecosystem; ‘‘(e) IMPLEMENTATION AND MONITORING ‘‘(3) BUDGET COORDINATION.— ‘‘(C) assess the effectiveness of manage- GRANTS.— ‘‘(A) IN GENERAL.—As part of the annual ment strategies being implemented on the ‘‘(1) IN GENERAL.—If a signatory jurisdic- budget submission of each Federal agency date of enactment of this subsection and the tion has approved and committed to imple- with projects or grants related to restora- extent to which the priority needs are being ment all or substantially all aspects of the tion, planning, monitoring, or scientific in- met; Chesapeake Bay Agreement, on the request vestigation of the Chesapeake Bay eco- ‘‘(D) make recommendations for the im- of the chief executive of the jurisdiction, the system, the head of the agency shall submit proved management of the Chesapeake Bay Administrator— to the President a report that describes Program either by strengthening strategies ‘‘(A) shall make a grant to the jurisdiction plans for the expenditure of the funds under being implemented on the date of enactment for the purpose of implementing the manage- this section. of this subsection or by adopting new strate- ment mechanisms established under the ‘‘(B) DISCLOSURE TO THE COUNCIL.—The gies; and Chesapeake Bay Agreement, subject to such head of each agency referred to in subpara- ‘‘(E) be presented in such a format as to be terms and conditions as the Administrator graph (A) shall disclose the report under that readily transferable to and usable by other considers appropriate; and subparagraph with the Chesapeake Executive watershed restoration programs. ‘‘(B) may make a grant to a signatory ju- Council as appropriate. risdiction for the purpose of monitoring the ‘‘(i) SPECIAL STUDY OF LIVING RESOURCE ‘‘(g) CHESAPEAKE BAY PROGRAM.— RESPONSE.— Chesapeake Bay ecosystem. ‘‘(1) MANAGEMENT STRATEGIES.—The Ad- ‘‘(2) PROPOSALS.— ministrator, in coordination with other ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(A) IN GENERAL.—A signatory jurisdiction members of the Chesapeake Executive Coun- after the date of enactment of this sub- described in paragraph (1) may apply for a cil, shall ensure that management plans are section, the Administrator shall commence a grant under this subsection for a fiscal year developed and implementation is begun by 5-year special study with full participation by submitting to the Administrator a com- signatories to the Chesapeake Bay Agree- of the scientific community of the Chesa- prehensive proposal to implement management to achieve and maintain— peake Bay to establish and expand under- ment mechanisms established under the ‘‘(A) the nutrient goals of the Chesapeake standing of the response of the living re- Chesapeake Bay Agreement. Bay Agreement for the quantity of nitrogen sources of the Chesapeake Bay ecosystem to ‘‘(B) CONTENTS.—A proposal under subpara- and phosphorus entering the Chesapeake Bay improvements in water quality that have re- graph (A) shall include— and its watershed; sulted from investments made through the ‘‘(i) a description of proposed management ‘‘(B) the water quality requirements nec- Chesapeake Bay Program. mechanisms that the jurisdiction commits essary to restore living resources in the ‘‘(2) REQUIREMENTS.—The study shall— to take within a specified time period, such Chesapeake Bay ecosystem; ‘‘(A) determine the current status and as reducing or preventing pollution in the ‘‘(C) the Chesapeake Bay Basinwide Toxins trends of living resources, including grasses, Chesapeake Bay and its watershed or meet- Reduction and Prevention Strategy goal of benthos, phytoplankton, zooplankton, fish, ing applicable water quality standards or es- reducing or eliminating the input of chem- and shellfish; tablished goals and objectives under the ical contaminants from all controllable ‘‘(B) establish to the extent practicable the Chesapeake Bay Agreement; and sources to levels that result in no toxic or rates of recovery of the living resources in ‘‘(ii) the estimated cost of the actions pro- bioaccumulative impact on the living re- response to improved water quality condi- posed to be taken during the fiscal year. sources of the Chesapeake Bay ecosystem or tion; ‘‘(3) APPROVAL.—If the Administrator finds on human health; ‘‘(C) evaluate and assess interactions of that the proposal is consistent with the ‘‘(D) habitat restoration, protection, and species, with particular attention to the im- Chesapeake Bay Agreement and the national enhancement goals established by Chesa- pact of changes within and among trophic goals established under section 101(a), the peake Bay Agreement signatories for wet- levels; and Administrator may approve the proposal for lands, riparian forests, and other types of ‘‘(D) recommend management actions to a grant award. habitat associated with the Chesapeake Bay optimize the return of a healthy and bal- ‘‘(4) FEDERAL SHARE.—The Federal share of ecosystem; and anced ecosystem in response to improve- an implementation grant under this sub- ‘‘(E) the restoration, protection, and en- ments in the quality and character of the section shall not exceed 50 percent of the hancement goals established by the Chesa- waters of the Chesapeake Bay. cost of implementing the management mech- peake Bay Agreement signatories for living ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— anisms during the fiscal year. resources associated with the Chesapeake There is authorized to be appropriated to ‘‘(5) NON-FEDERAL SHARE.—An implementa- Bay ecosystem. tion grant under this subsection shall be ‘‘(2) SMALL WATERSHED GRANTS PROGRAM.— carry out this section $30,000,000 for each of made on the condition that non-Federal The Administrator, in cooperation with the fiscal years 2001 through 2006.’’. sources provide the remainder of the costs of Chesapeake Executive Council, shall— TITLE III—LONG ISLAND SOUND implementing the management mechanisms ‘‘(A) establish a small watershed grants during the fiscal year. program as part of the Chesapeake Bay Pro- SEC. 301. REAUTHORIZATION. ‘‘(6) ADMINISTRATIVE COSTS.—Administra- gram; and tive costs shall not exceed 10 percent of the ‘‘(B) offer technical assistance and assist- Section 119(e) of the Federal Water Pollu- annual grant award. ance grants under subsection (d) to local tion Control Act (33 U.S.C. 1269(e)) is amend- ‘‘(7) REPORTING.—On or before October 1 of governments and nonprofit organizations ed— each fiscal year, the Administrator shall and individuals in the Chesapeake Bay re- (1) in paragraph (1), by striking ‘‘1991 make available to the public a document gion to implement— through 2001’’ and inserting ‘‘2001 through that lists and describes, in the greatest prac- ‘‘(i) cooperative tributary basin strategies 2006’’; and ticable degree of detail— that address the water quality and living re- (2) in paragraph (2), by striking ‘‘not to ex- ‘‘(A) all projects and activities funded for source needs in the Chesapeake Bay eco- ceed $3,000,000 for each of the fiscal years 1991 the fiscal year; system; and through 2001’’ and inserting ‘‘not to exceed ‘‘(B) the goals and objectives of projects ‘‘(ii) locally based protection and restora- $10,000,000 for each of fiscal years 2001 funded for the previous fiscal year; and tion programs or projects within a watershed through 2006’’.

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S2019 EXECUTIVE SESSION To be major general IN THE AIR FORCE f Brig. Gen. Gary A. Ambrose, 0000. Air Force nominations beginning Terrance Brig. Gen. Brian A. Arnold, 0000. A. Harms, and ending Krista K. Wenzel, EXECUTIVE CALENDAR Brig. Gen. Thomas L. Baptiste, 0000. which nominations were received by the Sen- Mr. SMITH of New Hampshire. On be- Brig. Gen. Leroy Barnidge, Jr., 0000. ate and appeared in the Congressional half of the leader, I ask unanimous Brig. Gen. John L. Barry, 0000. Record on February 23, 2000. consent that the Senate immediately Brig. Gen. Walter E.L. Buchanan III, 0000. Air Force nominations beginning James L. Abernathy, and ending Darryll D.M. Wong, proceed to executive session to con- Brig. Gen. Richard W. Davis, 0000. Brig. Gen. Robert R. Dierker, 0000. which nominations were received by the Sen- sider the military nominations re- Brig. Gen. Michael N. Farage, 0000. ate and appeared in the Congressional ported by the Armed Services Com- Brig. Gen. Jack R. Holbein Jr., 0000. Record on March 9, 2000. mittee today. Brig. Gen. Charles L. Johnson II, 0000. IN THE ARMY I further ask unanimous consent that Brig. Gen. Theodore W. Lay II, 0000. Army nominations beginning Jaime the nominations be confirmed, the mo- Brig. Gen. Teddie M. McFarland, 0000. Albornoz, and ending Timothy D. tion to reconsider be laid upon the Brig. Gen. Michael C. McMahan, 0000. Williamson, which nominations were re- table, any statements relating to the Brig. Gen. Timothy J. McMahon, 0000. ceived by the Senate and appeared in the Brig. Gen. Duncan J. McNabb, 0000. nominations be printed in the RECORD, Congressional Record on February 2, 2000. Brig. Gen. Howard J. Mitchell, 0000. Army nominations beginning Lyle W. the President be immediately notified Brig. Gen. Bentley B. Rayburn, 0000. of the Senate’s action, and the Senate Cayce, and ending Roger D. Washington, Brig. Gen. John F. Regni, 0000. which nominations were received by the Sen- return to legislative session. Brig. Gen. Victor E. Renuart, Jr., 0000. The PRESIDING OFFICER. Without ate and appeared in the Congressional Brig. Gen. Lee P. Rodgers, 0000. Record on February 7, 2000. objection, it is so ordered. Brig. Gen. Glen D. Shaffer, 0000. Army nominations beginning James M. The nominations considered and con- Brig. Gen. Charles N. Simpson, 0000. Dapore, and ending Michael J. Wilson, which firmed en bloc are as follows: Brig. Gen. James N. Soligan, 0000. nominations were received by the Senate and IN THE AIR FORCE Brig. Gen. Michael P. Wiedemer, 0000. appeared in the Congressional Record on Brig. Gen. Michael W. Wooley, 0000. The following named officer for appoint- February 23, 2000. Brig. Gen. Bruce A. Wright, 0000. ment in the United States Air Force to the Army nominations beginning James W. grade indicated while assigned to a position The following Air National Guard of the Hutts, and ending Bronislaw A. Zamojda, of importance and responsibility under title United States officer for appointment in the which nominations were received by the Sen- 10, U.S.C., section 601: Reserve of the Air Force to the grade indi- ate and appeared in the Congressional To be general cated under title 10, U.S.C., section 12203: Record on February 23, 2000. To be brigadier general Army nominations beginning Paul R. Gen. Lester L. Lyles, 0000. Hulkovich, and ending Michael A. Weber, The following named officer for appoint- Col. David F. Wherley, Jr., 0000. which nominations were received by the Sen- ment in the United States Air Force to the IN THE ARMY ate and appeared in the Congressional grade indicated while assigned to a position The following named officer for appoint- Record on February 23, 2000. of importance and responsibility under title ment in the United States Army to the grade Army nominations beginning Scott R. 10, U.S.C., section 601: indicated under title 10, U.S.C., section 624: Antoine, and ending Patrick J. Woodman, To be lieutenant general which nominations were received by the Sen- Col. Robert E. Gaylord, 0000. Maj. Gen. Michael E. Zettler, 0000. ate and appeared in the Congressional The following Army National Guard of the Record on February 23, 2000. The following named officer for appoint- United States officer for appointment in the Army nominations beginning Martha C. ment as Vice Chief of Staff, United States Reserve of the Army to the grade indicated Lupo, and ending Charles L. Young, which Air Force, and appointment to the grade in- under title 10, U.S.C., section 12203: nominations were received by the Senate and dicated while assigned to a position of im- appeared in the Congressional Record on portance and responsibility under title 10, Col. David E. Glines, 0000. February 23, 2000. U.S.C., sections 601 and 8034: The following Army National Guard of the Army nominations beginning Thomas W. To be general United States officers for appointment in the Acosta, Jr., and ending Vincent A. Zike, Jr., Lt. Gen. John W. Handy, 0000. Reserve of the Army to the grade indicated which nominations were received by the Sen- under title 10, U.S.C., Section 12203: The following Air National Guard of the ate and appeared in the Congressional United States officers for appointment in the To be major general Record on March 7, 2000. Reserve of the Air Force to the grades indi- Brig. Gen. William A. Cugno, 0000. Army nominations beginning James G. cated under title 10, U.S.C., section 12203: Brig. Gen. Bradley D. Gambill, 0000. Ainslie, and ending Thomas M. Penton, Jr., To be major general Brig. Gen. Marianne Mathewson-Chapman, which nominations were received by the Sen- ate and appeared in the Congressional Brig. Gen. James F. Barnette, 0000. 0000. Record on March 9, 2000. Brig. Gen. Gilbert R. Dardis, 0000. Brig. Gen. Michael H. Taylor, 0000. Brig. Gen. Francis D. Vavala, 0000. The following named officer for appoint- Brig. Gen. David B. Poythress, 0000. ment to the grade indicated in the United Brig. Gen. Joseph K. Simeone, 0000. To be brigadier general States Army under title 10, U.S.C., sections Brig. Gen. Richard E. Spooner, 0000. Col. John A. Bathke, 0000. 531 and 624: Brig. Gen. Steven W. Thu, 0000. Col. Barbaranette T. Bolden, 0000. To be lieutenant colonel Brig. Gen. Bruce F. Tuxill, 0000. Col. Ronald S. Chastain, 0000. To be brigadier general Col. Ronald G. Crowder, 0000. Jane H. Edwards, 0000 Col. Shelby G. Bryant, 0000. Col. Ricky D. Erlandson, 0000. Army nominations beginning Jeffrey J. Col. Kenneth R. Clark, 0000. Col. Dallas W. Fanning, 0000. Adamovicz, and ending John F. Zeto, which Col. Gregory B. Gardner, 0000. Col. Donald J. Goldhorn, 0000. nominations were received by the Senate and Col. John B. Handy, 0000. Col. Larry W. Haltom, 0000. appeared in the Congressional Record on Col. Jon D. Jacobs, 0000. Col. William E. Ingram, Jr., 0000. March 9, 2000. Col. Clifton W. Leslie, Jr., 0000. Col. John T. King, Jr., 0000. IN THE MARINE CORPS Col. John A. Love, 0000. Col. Randall D. Mosley, 0000. The following named officer for appoint- Col. Douglas R. Moore, 0000. Col. Richard C. Nash, 0000. ment to the grade indicated in the United Col. Eugene A. Sevi, 0000. Col. Phillip E. Oates, 0000. States Marine Corps under title 10, U.S.C., Col. David E.B. Strohm, 0000. Col. Richard D. Read, 0000. section 624: Col. Andrew M. Schuster, 0000. Col. Harry M. Wyatt III, 0000. To be major Col. David A. Sprynczynatyk, 0000. The following named officer for appoint- Joseph L. Baxter, Jr., 0000 ment in the United States Air Force to the Col. Ronald B. Stewart, 0000. grade indicated while assigned to a position Col. Warner I. Sumpter, 0000. IN THE NAVY of importance and responsibility under Title Col. Clyde A. Vaughn, 0000. The following named officer for appoint- 10, U.S.C., section 601: The following named officer for appointment to the grade indicated in the United To be lieutenant general ment in the United States Army to the grade States Navy under title 10, U.S.C., section 624: Maj. Gen. Ronald E. Keys, 0000. indicated under title 10, U.S.C., section 3069 and in accordance with Article II, Section 2 To be commander The following named officers for appoint- of the Constitution of the United States: ment in the United States Air Force to the Stan M. Aufderheide, 0000 grade indicated under title 10, U.S.C., section To be brigadier general, Nurse Corps The following named officer for appoint- 624: Col. William T. Bester, 0000. ment to the grade indicated in the United

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2020 CONGRESSIONAL RECORD — SENATE March 30, 2000 States Navy under title 10, U.S.C., section The following named officer for appointment on some of the things that hap- 624: ment to the grade indicated in the United pened today. Yesterday, I introduced To be commander States Navy under title 10, U.S.C., section legislation to provide permanent resi- Michael T. Bourque, 0000 624: dency to Elian Gonzalez because I Navy nominations beginning Marian L. To be captain wanted to try to diffuse what I think is Celli, and ending Miguel A. Franco, which Carl M. June, 0000 a very volatile situation in south Flor- nominations were received by the Senate and f ida. I believe Elian Gonzalez should be appeared in the Congressional Record on allowed to go to custody court and February 23, 2000. LEGISLATIVE SESSION The following named officer for appoint- allow his family—all of his family from The PRESIDING OFFICER. Under Cuba, not just Juan Gonzalez—to come ment to the grade indicated in the United the previous order, the Senate will re- States Navy under title 10, U.S.C., section here so they could be free from any en- 624: sume legislative session. cumbrances or any threats or hostility To be lieutenant commander f toward them by Fidel Castro. They can William R. Mahoney, 0000 ORDERS FOR MONDAY, APRIL 3, sit down as a family, the way a family The following named officer for appoint- 2000 should, and try to work out the fate of ment to the grade indicated in the United Elian Gonzalez. If that could not be States Navy under title 10, U.S.C., section Mr. SMITH of New Hampshire. Mr. worked out, that it go to custody 624: President, I ask unanimous consent court. when the Senate completes its business To be lieutenant commander Regretfully, we couldn’t get enough today, it adjourn until the hour of 12 Stephen R. Silva, 0000 people to support this action. So we noon on Monday, April 3. I further ask The following named officer for appoint- have postponed any action. Some have consent on Monday, immediately fol- ment to the grade indicated in the United objected and caused a series of delays lowing the prayer, the Journal of pro- States Naval Reserve under title 10, U.S.C., which did not provide the opportunity ceedings be approved to date, the section 12203: for me to have a vote here today, which morning hour be deemed expired, the To be captain I regret. It is my sincere hope that the time for the two leaders be reserved for Graeme Anthony Browne, 0000 Attorney General over the next several their use later in the day, and the Sen- Navy nominations beginning John P. days will not move to do something ate then begin a period of morning Labanc, and ending Forrest S. Yount, which that I think would be not only silly but business with Senators permitted to nominations were received by the Senate and dangerous and not in the best interests appeared in the Congressional Record on speak for up to 10 minutes each, with of Elian Gonzalez—trying to drag this February 23, 2000. the following exceptions: boy from his home in Miami and send The following named officer for appoint- One hour under the control of Sen- him off to Cuba. ment to the grade indicated in the United ator BOB SMITH; 30 minutes under the States Navy under title 10, U.S.C., section I believe Senators should go on control of Senator BROWNBACK; 30 min- 624: utes under the control of Senator record and say how they feel about To be commander this. I have heard some say, I don’t CRAIG or his designee from 3 to 3:30; Robert F. Blythe, 0000 and 2 hours under the control of Sen- want to be involved in a custody battle. I don’t either. That is not the job The following named officer for appoint- ator DURBIN or his designee. ment to the grade indicated in the United The PRESIDING OFFICER. Without of a Senator. We are asking in this res- States Navy under title 10, U.S.C., section olution, not to have a Senator interfere 624: objection, it is so ordered. Mr. SMITH of New Hampshire. I fur- with a custody battle, but to allow a To be lieutenant commander ther ask unanimous consent it be in custody proceeding to occur. George P. Haig, 0000 order for the Budget Committee to file Right now, this is an immigration The following named officer for appoint- the budget resolution between the situation. Elian Gonzalez didn’t come ment to the grade indicated in the United here the way most people immigrate to States Navy under title 10, U.S.C., section hours of 10 a.m. and 11 a.m. on Friday. The PRESIDING OFFICER. Without the United States or immigrate into 624: the United States. He came here float- To be lieutenant commander objection, it is so ordered. Mr. SMITH of New Hampshire. I fur- ing on a raft, picked up by fishermen Melvin J. Hendricks, 0000 ther ask unanimous consent that the after his mother died trying to get him The following named officer for appoint- Senate proceed to the budget resolu- here to freedom. ment to the grade indicated in the United He deserves his day in court. He de- States Navy under title 10, U.S.C., section tion at 9:30 a.m. on Tuesday, April 4, 624: providing the report is available Satur- serves to be heard, like any child in America. I want that to happen worse To be lieutenant commander day morning. than anything. I want all 100 Senators Jon E. Lazar, 0000 The PRESIDING OFFICER. Without objection, it is so ordered. to speak on this. I hope that happens. The following named officer for appoint- I want to let Janet Reno, the Attorney ment to the grade indicated in the United f General, know that I urge her to take States Navy under title 10, U.S.C., section PROGRAM 624: the time to think this thing through, To be lieutenant commander Mr. SMITH of New Hampshire. For meet with Elian Gonzalez, talk with the family, and understand that it is in Lawrence R. Lintz, 0000 the information of all Senators, the the best interests of this child that his The following named officer for appoint- Senate will be in a period of morning ment to the grade indicated in the United business during the day on Monday. No family, all of his family, come here States Navy under title 10, U.S.C., section votes will occur during Monday’s ses- from Cuba—that is what my legislation 624: sion of the Senate. The Senate will does—on permanent residency status. To be lieutenant commander begin the budget resolution on Tues- They can go back anytime they want David E. Lowe, 0000 day. Therefore, votes may be expected to. They are not provided citizenship. The following named officer for appoint- during the day and into the evening on They can come here of their own free ment to the grade indicated in the United Tuesday. Members should expect late will without Castro’s influence. They States Navy under title 10, U.S.C., section nights each session next week in an ef- can make a decision about this little 624: fort to conclude the budget resolution boy. That is the right thing to do. To be lieutenant commander by the end of next week. The leader I want to acknowledge a statement Michael S. Nicklin, 0000 urges all Members to adjust their today made by the Vice President of The following named officer for appoint- schedule accordingly. the United States, Al Gore, regarding ment to the grade indicated in the United f Elian Gonzalez. He has today supported States Navy under title 10, U.S.C., section this action that I have advocated, 624: ELIAN GONZALEZ along with Senator MACK and Senator To be lieutenant commander Mr. SMITH of New Hampshire. Mr. GRAHAM of Florida, to have permanent Robert J. Werner, 0000 President, I want to comment for a mo- residency status for Elian Gonzalez and

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ROBERT L. ARENDS, 0000 his family. I commend the Vice Presi- As I have stated, this is a decision DANIEL E. ARNOLD, 0000 dent for what he did. It was a very cou- the Attorney General has made. I ap- DAVID R. ARREOLA, 0000 SAMUEL A. ARROYO, 0000 rageous action. He parted ways with plaud the Vice President’s endorse- KENNETH R. ARTEAGA, 0000 his own administration to say that this ment, and I hope and plead with him to MATTHEW B. ASH, 0000 THOMAS G. ATKINS, 0000 is the right thing to do. You have to pick up the telephone, call some of his CAROL L. ATKINSON, 0000 give credit where credit is due, and he former colleagues, and urge them to DIANA ATWELL, 0000 JAMES S. AVRIT, 0000 gets all the credit in the world from me support this legislation or urge Janet KEVIN W. AYER, 0000 for having made that decision. I ask Reno to pull back from this insistence CHRISTOPHER B. AYRES, 0000 BALAN R. AYYAR, 0000 unanimous consent that his statement that Elian Gonzalez not have perma- MICHAEL A. BABAUTA, 0000 of March 30, today, regarding Elian nent residency status. RONALD J. BABSKI, JR., 0000 GARY J. BACKES, 0000 Gonzalez, be printed in the RECORD. I will have more to say on this when DALE E. BAILEY, 0000 There being no objection, the mate- we return on Monday. JIMMY C. BAILEY, 0000 rial was ordered to be printed in the RICHARD S. BAILEY, 0000 f RICHARD D. BAKER, 0000 RECORD, as follows: KAREN E. BAKKE, 0000 KENNETH E. BANDY, 0000 STATEMENT BY AL GORE REGARDING ELIAN ADJOURNMENT UNTIL MONDAY, BRITTON W. BANKSON, 0000 GONZALEZ, MARCH 30, 2000 APRIL 3, 2000 ALEXANDER R. BAPTY, 0000 From the very beginning, I have said that GREGORY A. BARBER, 0000 Mr. SMITH of New Hampshire. Mr. WILLIAM TERRY BARE, 0000 Elian Gonzalez’s case is at heart a custody THEODORE H. BARLOCK, 0000 matter. It is a matter that should be decided President, if there is no further busi- JAMES M. BARON, 0000 by courts that have the experience and ex- ness to come before the Senate, I now ROBERT S. BARONE, 0000 PAUL R. BARRE, 0000 pertise to resolve custody cases—with due ask unanimous consent the Senate STEPHEN L. BARRETT, 0000 process, and based on Elian’s best interests. stand in adjournment under the pre- BRYAN K. BARTELS, 0000 It now appears that our immigration laws RICHARD A. BAUMANN, 0000 vious order. JAMES R. BEAMON, 0000 may not be broad enough to allow for such There being no objection, the Senate, BARRY M. BEARD, 0000 an approach in Elian’s case. That is why I JAMES B. BEARDEN, 0000 am urging Congress to pass legislation that at 7:39 p.m., adjourned until Monday, DENNIS L. BEATTY, 0000 April 3, 2000, at 12 noon. MARGARET H. BEATY, 0000 is being sponsored by Senators BOB GRAHAM CHARLES J. BECK, 0000 and BOB SMITH—which would grant perma- f JEFFREY A. BECK, 0000 nent resident status to Elian and his family WILLIAM J. BECKER, 0000 WILLIAM C. BECKINGER, 0000 so that this case can be adjudicated properly. NOMINATIONS BENJAMIN C. BEEDE, 0000 I know that Congressman BOB MENENDEZ has ERIC A. BEENE, 0000 introduced similar legislation in the House Executive nominations received by DIANE F. BEHLER, 0000 the Senate March 30, 2000: DANIEL G. BEHNE, 0000 as well. THOMAS E. BELL, 0000 Let us be clear that the real fault in this DEPARTMENT OF TRANSPORTATION TIMOTHY R. BELL, 0000 CHRIS C. BELSON, 0000 case lies with the oppressive regime of Fidel J. RANDOLPH BABBITT, OF VIRGINIA, TO BE A MEMBER Castro. Elian should never have been forced WILSON M. BEN, 0000 OF THE FEDERAL AVIATION MANAGEMENT ADVISORY DAVID L. BENNETT, 0000 to choose between freedom and his own fa- COUNCIL FOR A TERM OF THREE YEARS. (NEW POSITION) EDWARD J. BENNINGFIELD, 0000 ther. Now we must take action, here on our ROBERT W. BAKER, OF TEXAS, TO BE A MEMBER OF ROBERT W. BENWAY, 0000 THE FEDERAL AVIATION MANAGEMENT ADVISORY own shores, to make sure that Elian’s best ROBERT F. BERKHEISER, 0000 COUNCIL FOR A TERM OF THREE YEARS. (NEW POSITION) JON H. BERRIE, 0000 interests are served. EDWARD M. BOLEN, OF MARYLAND, TO BE A MEMBER RONALD J. BEYERS, 0000 Mr. SMITH of New Hampshire. I will OF THE FEDERAL AVIATION MANAGEMENT ADVISORY JAMES M. BIEDA, 0000 COUNCIL FOR A TERM OF THREE YEARS. (NEW POSITION) WILLIAM W. BIERBAUM, 0000 read a couple lines: DEBBIE D. BRANSON, OF TEXAS, TO BE A MEMBER OF DOROTHA A. BIERNESSER, 0000 THE FEDERAL AVIATION MANAGEMENT ADVISORY From the very beginning, I have said that PAUL T. BIGELOW, 0000 COUNCIL FOR A TERM OF THREE YEARS. (NEW POSITION) STEVEN H. BILLS, 0000 Elian Gonzalez’s case is at heart a custody GEOFFREY T. CROWLEY, OF WISCONSIN, TO BE A MEM- GEORGE P. BIONDI, 0000 matter. It is a matter that should be decided BER OF THE FEDERAL AVIATION MANAGEMENT ADVI- FRANCIS J. BISHOP, JR., 0000 SORY COUNCIL FOR A TERM OF TWO YEARS. (NEW POSI- by the courts that have the experience and GRANT C. BISHOP, 0000 TION) CASEY D. BLAKE, 0000 expertise to resolve custody cases—with due ROBERT A. DAVIS, OF WASHINGTON, TO BE A MEMBER KEVIN C. BLAKLEY, 0000 process, and based on Elian’s best interests. OF THE FEDERAL AVIATION MANAGEMENT ADVISORY GREGORY O. BLANCHARD, 0000 COUNCIL FOR A TERM OF TWO YEARS. (NEW POSITION) REGINA A. BLANKE, 0000 My sentiments exactly. KENDALL W. WILSON, OF THE DISTRICT OF COLUMBIA, BRIAN S. BLANKENSHIP, 0000 Let us be clear, the real fault in the case TO BE A MEMBER OF THE FEDERAL AVIATION MANAGE- JAMES C. BLASINGAME, JR., 0000 MENT ADVISORY COUNCIL FOR A TERM OF ONE YEAR. MICHAEL A. BLAYLOCK, 0000 lies with the regime of Fidel Castro. Elian (NEW POSITION) GAGE A. BLEAKLEY, 0000 should never have been forced to choose be- IN THE ARMY DAVID D. BLOMBERG, 0000 tween freedom and his own father. Now we JOHN W. BLUMENTRITT, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHARLES H. BOARDMAN IV, 0000 must take action, here on our own shores, to IN THE UNITED STATES ARMY TO THE GRADE INDICATED KRISTINA M. BOERMEESTER, 0000 make sure that Elian’s best interests are UNDER TITLE 10, U.S.C., SECTION 624: CHARLES R. BOONE, 0000 served. KEVIN A. BOOTH, 0000 To be brigadier general, Medical Service Corps ELIZABETH B. BORELLI, 0000 That is a very powerful statement. I COL. RICHARD L. URSONE, 0000 KEVIN A. BORNHOFT, 0000 commend the Vice President for mak- MARK T. BOSWELL, 0000 IN THE AIR FORCE JOYCE M. BOUGHAN, 0000 ing it. I hope the Vice President now BRIAN D. BOURNE, 0000 can work with some of his colleagues THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KELVIN C. BOWEN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR MELVIN K. BOWEN, 0000 on the other side of the aisle who have FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED JOHN C. BOWER, 0000 been opposing this opportunity to have BY AND ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS JOSEPH H. BOWERS, 0000 624 AND 531: ROBERT V. BOWERSOX, 0000 the permanent residency status on To be lieutenant colonel ANNETTE V. BOX, 0000 Elian Gonzalez. FLOYD J. BOYER, 0000 MARLENE E. ABBOTT, 0000 JOHN V. BOYLE, 0000 This bill is a perfect solution for TAREK C. ABBOUSHI, 0000 ANTHONY G. BRADLEY, 0000 those who are not prepared to grant PAUL R. ACKERMAN, 0000 PATRICK O. BRADSHAW, 0000 R. KEVIN ADAMS, 0000 MICHAEL T. BRAMAN, 0000 full citizenship for this boy. This is a SANDRA M. ADAMS, 0000 WILLIAM C. BRANDT, 0000 compromise, not full citizenship, and it DANNY L. ADDISON, 0000 STEPHEN M. BRANNEN, 0000 EDWARD A. ADKINS, 0000 WILLIAM S. BREI, 0000 is not sending him back to Cuba. It is SAM RALPH AH, 0000 MICHAEL J. BRENNAN III, 0000 a compromise. It is one on which I have JEROME J. AKERSON, 0000 ALAN C. BRIDGES, 0000 STEVEN B. ALDERFER, 0000 DAVID A. BROMWELL, 0000 worked for a long time. It is the perfect FRANK S. ALEXA, 0000 MARK A. BRONAKOWSKI, 0000 solution for those who are concerned MARK G. ALLCOTT, 0000 MICHAEL J. BROOKS, 0000 BRUCE A. ALLEN, 0000 ROGER G. BROOKS, 0000 that the Senate would be stepping into THOMAS G. ALLEY, 0000 HEIDI S. BROTHERS, 0000 a custody matter. This bill makes this JOHN P. ALMIND, 0000 DAVID A. BROWN, 0000 a custody case, as I just said. It re- JAMES K. ALTMAN, 0000 JONATHAN D. BROWN, 0000 MARK A. ALTOBELLI, 0000 MICHAEL R. BROWN, 0000 moves the issue from the pro-Cuba or DOUGLAS L. AMON, 0000 THOMAS P. BROWN, 0000 anti-Cuba politics. It allows the issue MICHAEL D. ANDERSEN, 0000 THOMAS W. BROWN, 0000 BRIAN D. ANDERSON, 0000 TIMOTHY D. BROWN, 0000 to be settled by a judge who has the ex- GREGG D. ANDREACHI, 0000 GERALD R. BRUCE, 0000 pertise in family custody matters to WALTER G. ANDRESS, JR., 0000 ALVIN A. BRUNNER III, 0000 CRAIG L. ANFINSEN, 0000 ROBIN R. BRUNNER, 0000 resolve the status of Elian without any MICHAEL B. ANGELORO, 0000 JAMES M. BRUNO, 0000 intimidation or any threats from Fidel JOHN P. ANTON, 0000 ANTHONY R. BUCK, 0000 ALAN W. ARATA, 0000 JOSEPH E. BUDER, 0000 Castro. JOSEPH F. ARATA, 0000 GREGORY S. BUELT, 0000

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DAVID J. BUNKER, 0000 STEVEN M. DAVIS, 0000 THOMAS M. FOLTZ, 0000 ERIK D. BURGESON, 0000 WILLIAM C. DAVIS, SR., 0000 TROY N. FONTAINE, 0000 ROBYN M. BURK, 0000 THOMAS H. DEALE, 0000 ANDREW J. FORBES, 0000 ALAN W. BURKE, 0000 GREGORY H. DEAN, 0000 LANCE A. FORBES, 0000 CHRISTOPHER J. BURKE, 0000 DAVID A. DECASTRO, 0000 DUANE A. FORCADE, 0000 JOSEPH E. BURLBAUGH, 0000 VERNON L. DEFREESE, JR., 0000 BRIAN C. FORD, 0000 JAMES M. BURLINGAME, 0000 STANLEY B. * DELL, 0000 RICHARD A. FORSTER, 0000 RODNEY A. BURNETT, 0000 FRANK DEMARTINI III, 0000 MICHAEL E. FORTNEY, 0000 ANTHONY P. BURNS, 0000 BETSY L. DEMAY, 0000 MARK A. FORTUGNO, 0000 MARK E. BURNS, 0000 JOSEPH E. DEMBOWSKI III, 0000 WILLIAM W. FRANCIS, 0000 RICHARD E. BURNS, 0000 MICHAEL R. DEMBROSKI, 0000 DAVID M. FRANZ, 0000 DANIEL C. BUSCHOR, 0000 KIMBERLY BALKEMA DEMORET, 0000 CLAY R. FRASIER, 0000 KAREN R. BUTLER, 0000 STEPHEN T. DENKER, 0000 MYRON L. FREEMAN, 0000 LAWRENCE W. BUTLER, 0000 ROBERT L. DESILVA, 0000 PAUL J. FREEMAN, 0000 MARK E. BUTLER, 0000 DAVID M. DEVRIES, 0000 DAVID C. FRENCH, 0000 MICHAEL T. BYRNE, 0000 CRAIG B. DEZELL, 0000 THOMAS B. FROONINCKX, 0000 TIMOTHY J. BYRNE, 0000 RAFAEL A. DIAZ, 0000 CURTIS V. FROST, 0000 STEVEN C. CABERTO, 0000 STEVE G. DIDOMENICO, 0000 CARL J. FRUSHON, 0000 GREGORY M. CAIN, 0000 DAVID A. DIGEORGE, 0000 TIMOTHY D. FRUTH, 0000 KELLY P. CALABIO, 0000 JOSEPH C. DILL, 0000 DENNIS P. FRY, 0000 LEONARDO P. CALABRETTA, 0000 DENNIS D. DILLON, 0000 DWAYNE W. FRYE, 0000 BRIAN D. CAMPBELL, 0000 LONNIE R. DILLON, 0000 AGUSTIN FUENTES, 0000 ELIZABETH A. CAMPBELL, 0000 CHRISTOPHER P. DINENNA, 0000 RICHARD T. FUENTES, 0000 ROBERT J. CAMPBELL, 0000 JOSEPH T. DINUOVO, 0000 CHARLES H. FULGHUM, 0000 JOHN C. CANNAFAX, 0000 EDITH A. DISLER, 0000 DOUGLAS E. FULLER, 0000 MICHAEL M. CANNON, 0000 TROY L. DIXON, 0000 KATHRYN ANN FULLER, 0000 ROSARIO J. CAPUTO, 0000 SANDRA DOMINGOS, 0000 ROBERT M. FULLER, JR., 0000 MARK G. CARBO, 0000 CYNTHIA O. DOMINGUEZ, 0000 JAMES G. FULTON, 0000 DAVID B. CAREY, 0000 LANCE A. DONNELLY, 0000 DAVID W. FUNK, 0000 GLENN W. CARLSON, 0000 SUSAN M. DONNELLY, 0000 RONALD L. FUNK, 0000 DOUGLAS B. CARNEY, 0000 JOHN L. DONOVAN, 0000 ALDEN B. FURLOUGH, 0000 GEORGE C. CARPENTER II, 0000 EUGENE I. DOREMUS, 0000 DALE S. GABRIEL, 0000 ROBERT CARRIEDO, 0000 JAMES A. DORSEY, 0000 KELLY P. GAFFNEY, 0000 RODNEY D. CARROLL, 0000 RANDALL C. DORTCH, 0000 GARY C. GAGNON, 0000 MARCUS E. CARTER, 0000 DAVID J. DORYLAND, 0000 DOUGLAS A. GALIPEAU, 0000 MARK ELLIOTT CARTER, 0000 KRISTEN A. DOTTERWAY, 0000 LEOKADIA B. GALKA, 0000 MARK L. CARTER, 0000 JOSEPH J. DOUEZ, 0000 JAMES M. GALLAGHER, 0000 THORLOUGH E. CARTER, JR., 0000 BRIAN K. DOUGHERTY, 0000 EFREN V. M. GARCIA, 0000 CLAY H. CASH, 0000 MICHAEL W. DOUGLASS, 0000 JOSEPH L. GARCIA, 0000 TIMOTHY S. CASHDOLLAR, 0000 BARRY N. DOWELL, 0000 LEE J. GARCIA, 0000 JAMES P. CASHIN, 0000 JOHN M. DOWLING, 0000 SARAH L. GARCIA, 0000 KAREN M. CASTILLO, 0000 THOMAS A. DOYNE, 0000 LESTER L. GARDNER, JR., 0000 ANDREW J. CERNICKY, 0000 DANIEL A. DRAEGER, 0000 PATRICK J. GARDNER, 0000 AMY E. CHALFANT, 0000 STEVEN R. DRAGO, 0000 DARRELL F. GARGALA, 0000 RAYMOND F. CHAMBERLAND III, 0000 DON M. DRESSEL, 0000 ROBERT F. GARGIULO, 0000 WAYNE R. CHAMBERS, 0000 BENJAMIN A. DREW, JR., 0000 KYLE E. GARLAND, 0000 MARK A. CHANCE, 0000 RODGER A. DREW, JR., 0000 JOHN A. GARNER, 0000 DAVID A. CHEVESS, 0000 KEVIN B. DRISCOLL, 0000 JAMES E. GARNETT, 0000 JOHN L. CHITWOOD, 0000 PAUL A. DRIVER, 0000 JOHN D. GARRIS, 0000 CHRISTOPHER C. CHOATE, 0000 JOSEPH D. DROZD, 0000 JOHN D. GARVIN, 0000 PAWLOWSKI YANGHEE A. M. CHOI, 0000 CELESTE SANDERS DRYJANSKI, 0000 ERIC E. GATES, 0000 PATRICK W. CHRISTOPHERSON, 0000 COURTNEY ANNE DUCHARME, 0000 ANDRE L. GATHERS, 0000 TERRY S. CHURCH, 0000 DONALD E. DUCKRO, 0000 THOMAS L. GAYLORD, 0000 CHERYL A. CLABOUGH, 0000 MARK F. DUFFIELD, 0000 CHRISTINE R. GEDNEY, 0000 MICHAEL J. CLARK, 0000 DAVID A. DUKE, 0000 GORDON G. GEISON, 0000 STEPHEN A. CLARK, 0000 DOUGLAS K. * DUNBAR, 0000 DONALD S. GEORGE, 0000 ROBERT D. CLAUSEN, 0000 JOHN I. DUNHAM, JR., 0000 WILLIAM R. GEORGE, 0000 STEPHEN R. CLIATT, 0000 THOMAS C. DUNHAM, 0000 LARRY E. GERMANN, 0000 JOSEPH C. CODIROLI, 0000 DAVID G. DUNLOP, 0000 DENNIS J. GERVAIS, 0000 BENJAMIN J. COFFEY, 0000 JEFFERSON S. DUNN, 0000 RANDAL A. GESCHEIDLE, 0000 CYNTHIA D. COGBURN, 0000 KATHLEEN M. DUNNCANE, 0000 RANDALL W. GIBB, 0000 BRADLEY A. COLE, 0000 DAVID P. DUNTEMAN, 0000 BROCK E. GIBSON, 0000 ROBERT A. COLELLA, 0000 MICHAEL S. DUPERIER, 0000 DEAN B. GILBERT, 0000 LORI T. COLEMAN, 0000 DAVID J. DURGAN, 0000 DENNIS P. GILBERT, JR., 0000 KEVIN F. COLLAMORE, 0000 DOUGLAS E. DYER, 0000 GLENN S. GILBERT, 0000 IRA Q. COLLIER III, 0000 DIANNA M. DYLEWSKI, 0000 CLAIR M. GILK, 0000 DOUGLAS S. COLLINS, 0000 JOSEPH F. DYLEWSKI, 0000 SCOTT C. GILLESPIE, 0000 ADA A. CONLAN, 0000 DAVID M. EARLY, 0000 PRINCE GILLIARD, JR., 0000 CHRISTOPHER M. CONNELLY, 0000 M. ELIZABETH MASON EASTMAN, 0000 MARK A. GILLOTT, 0000 JERRY R. CONNER, 0000 CHARLES O. EDDY IV, 0000 KEITH E. GILMORE, 0000 MARK G. CONNOLLY, 0000 TIMOTHY E. EDEM, 0000 SCOTT E. GILSON, 0000 DOUGLAS P. CONSTANT, 0000 CRAIG R. EDKINS, 0000 KEVIN J. GIRKINS, 0000 JOHN P. COOK, 0000 ANNETTE W. EDWARDS, 0000 RICHARD A. GITTINS, 0000 PETER D. COOK, 0000 DAWN R. EFLEIN, 0000 ROBERT P. GIVENS, 0000 PHILIP S. COOPER, 0000 JOHN M. EGENTOWICH, 0000 AMANDA W. GLADNEY, 0000 TERRENCE P. COOPER, 0000 WILLIAM H. EICHENBERGER, 0000 STEVEN W. GODDARD, 0000 CYNTHIA S. COPERROTTI, 0000 JAMES E. EILERS, 0000 DAVID W. GOE, 0000 SCOTT E. CORCORAN, 0000 JOEY A. EISENHUT, 0000 EDWARD T. GOLDSACK, 0000 RICHARD A. CORDELL, 0000 ERIC N. EKLUND, 0000 JOSEPH N. GOMES, 0000 ANTHONY N. CORRERO, 0000 DAVID E. ELLIS, 0000 MICHAEL T. GOOD, 0000 ALBERT H. R. COUILLARD, 0000 MARK W. ELLIS, 0000 DOUGLAS G. GOODLIN, 0000 WILLIAM D. COWAN, 0000 PETER S. H. ELLIS, 0000 MICHAEL J. GOTTSTINE, 0000 ELIZABETH A. COWLES, 0000 MICHAEL D. ELLISON, 0000 ANTHONY J. GOULD, 0000 DAVID W. COX, 0000 BRUCE D. ELLWEIN, 0000 DOUGLAS R. GOULD, 0000 KAREN L. COX, 0000 DAVID W. ELSAESSER, 0000 THOMAS F. GOULD, 0000 LEEVOLKER COX, 0000 GREGORY G. EMANUEL, 0000 PAUL D. GOVEN, 0000 TIMOTHY W. COY, 0000 CHARLES G. EMMETTE, 0000 LEWIS C. GRAEFF, 0000 MICHAEL K. CRAMER, 0000 JEFFERY L. EMMONS, 0000 JENNIFER L. GRAHAM, 0000 DAVID E. CRANE, 0000 GREGORY T. ENGEL, 0000 JAMES A. GRAHN, 0000 GEORGE A. CRAWFORD, 0000 MICHAEL T. ENGLAND, 0000 JEFFREY W. GRANTHAM, 0000 LOREN A. CREA, 0000 MARY L. ENSMINGER, 0000 JAMES A. GRAY, 0000 RODERICK L. CREGIER, 0000 FRANK J. EPPICH, 0000 JON K. GRAY, 0000 MICHAEL J. CRIBBS, 0000 JOANN L. ERNO, 0000 GERALD P. GREEN, 0000 ROBERT D. CRITCHLOW, 0000 NEIL B. ERNO, 0000 JAMES D. GREEN, 0000 JEFFREY D. CROSBY, 0000 ROBERT A. ESLINGER, 0000 JAMES L. GREEN, 0000 CLINTON E. CROSIER, 0000 JAYSON S. ESPLIN, 0000 RAY A. GREEN, 0000 RODGER T. CULKIN, 0000 GARY O. ESSARY, 0000 TIMOTHY A. GREEN, 0000 DONALD R. CULP, JR., 0000 JODY A. 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NELSON, 0000 JOHN M. QUINN, 0000 ROBERT C. SCHWARZE, 0000 TIMOTHY L. NELSON, 0000 TIMOTHY J. QUINN, 0000 THOMAS A. SCOLARICI, JR., 0000 BRYAN K. NEUHAUS, 0000 MANUEL QUINONES, 0000 JOHN J. SCORSONE, 0000 ROBERT D. NEWBERRY, 0000 JOSE C. QUINTANILLA, 0000 CATHERINE B. SCOTT, 0000 MICHAEL E. NEWMAN, 0000 DAVID E. RAAB, 0000 GARY T. SCOTT, 0000 TIMOTHY R. NEWMAN, 0000 MICHAEL A. RADFORD, 0000 BARRY SEBRING, 0000 SCOTT M. NICHELSON, 0000 PATRICK J. RAGLOW, 0000 BRENT K. SEDLER, 0000 MELVIN R. NICHOLSON, 0000 PHILIP E. RAINFORTH, 0000 PETER J. SEEBECK, 0000 DANIEL R. NICKERSON, 0000 JAMES B. RAKE, 0000 HOLLY K. SEIDL, 0000 THOMAS W. NINE, 0000 BRYAN E. RAMSTACK, 0000 CALVIN J. SEIFERTH, 0000 THOMAS M. NOLTA, 0000 MARJORIE J. RANDALL, 0000 REGGIE E. SELBY, 0000 KENT H. NONAKA, 0000 NEAL J. RAPPAPORT, 0000 JERRY J. SELLERS, 0000 ROBERT J. NORRIS III, 0000 DAVID V. RATHS, 0000 ANTHONY SENCI, 0000 ALAN J. NORTHRUP, 0000 JOHN T. RAUSCH, 0000 DAVID M. SERLEY, 0000 MARK L. NOWACK, 0000 BRADLEY D. RAYNAUD, 0000 JOSEPH M. SEUFZER, 0000 ROBERT A. NUANES, 0000 CHRISTOPHER A. REAMS, 0000 PHILIP E. SEVER, 0000 JOHN M. NUNEZ, 0000 WILLIAM C. REAVES, 0000 PAUL S. SEVERANCE, 0000 MICHAEL L. NUSS, 0000 THOMAS C. REDFORD, 0000 DOUGLAS E. SEVIER, 0000 DENNIS L. OAKES, 0000 JAMES L. REECE, JR., 0000 DEBORAH A. SHACKLETON, 0000 KEVIN M. OBERRY, 0000 HENRY M. REED III, 0000 VICKI J. SHANKS, 0000 JEROME K. OBRIEN, 0000 JAMES D. REED, 0000 KARL J. SHAWHAN, 0000 MICHAEL G. OBRIEN, 0000 LAWRENCE S. REED, 0000 SANDRA L. SHEASLEY, 0000 JOHN W. OCONNOR, 0000 DIANE M. REESE, 0000 STEPHEN P. SHEEHY, 0000 JOHN M. ODEY, 0000 JOHN R. REESE, 0000 WILLIAM L. SHERMAN, 0000 MICHAEL S. ODOWD, 0000 STEVEN B. REEVES, 0000 THOMAS T. SHIELDS, JR., 0000 WILLIAM D. OETTING, 0000 PAUL A. REHME, 0000 ANDRE L. SHIPP, 0000 JOHN R. OHAIR, 0000 TIMOTHY L. REICHART, 0000 WILLIAM R. SHOBERT II, 0000 DON I. OLDS, JR., 0000 MICHAEL A. REICHERT, 0000 STEPHAN F. SHOPE, 0000 PEDRO R. OMS, 0000 JOHN R. REID, 0000 CHRISTOPHER D. SHORT, 0000 DAVID R. ONAKA, 0000 JOHN J. REIDY, 0000 MATTHEW J. SHOZDA, 0000 JAMES C. ONUSKO, 0000 SHAWN I. REILLY, 0000 CHERYL A. SHUMATE, 0000 THOMAS G. OREILLY, 0000 DEREK E. REINHARD, 0000 JOHN M .SIEVERLING, 0000 DEAN F. OSGOOD, 0000 WILLIAM R. RENFROE, 0000 ROBERT A. SILVESTRI, 0000 DAWSON S. OSLUND, 0000 GARY O. RENFROW, 0000 DAVID E. SIMMONS, 0000 EVELYN S. OTERORUIZ, 0000 NORMAN E. RENNSPIES, 0000 DAVID A. SIMON, 0000 RICHARD H. PAINTER, 0000 DOUGLAS R. REYNOLDS, 0000 JAMES J. SIMON, 0000 ABIGAIL M. PALMER, 0000 GARY S. REYNOLDS, 0000 RICHARD D. SIMPSON, 0000 GLENAE E. PALMER, 0000 RANDY B. REYNOLDS, 0000 JAMES D. SINGLETERRY, 0000 THOMAS J. PALMER, 0000 ROBERT E. RHINEHART, JR., 0000 ROBERT J. SINON, 0000 MICHAEL T. PANARISI, 0000 DAVID A. RHOADES, 0000 GLENN E. SJODEN, 0000 JOSEPH M. PANETTA, JR., 0000 BRYAN T. RIBA, 0000 KYLE T. SKALISKY, 0000 DENNIS B. PANNELL, 0000 KENNETH D. RIBLER, 0000 STANLEY E. SKAVDAL, 0000 MICHAEL B. PARK, 0000 CREIG A. RICE, 0000 TIMOTHY J. SKINNER, 0000 ANN L. PARKER, 0000 JOSEPH N. RICH, 0000 JAMES D. SLEAR, 0000 DONALD A. PARKHURST, 0000 ROBERT S. RICHARD, 0000 DARRELL D. SLONE, 0000 JOHN K. PARKS, 0000 MARK L. RICHARDSON, 0000 KEVIN SLUSS, 0000 SEAN M. PATRICK, 0000 MARK T. RICHARDSON, 0000 BRITTON M. SMEAL, 0000

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AILENE M. SMITH, 0000 GREGORY W. TORBA, 0000 MATTHEW C. YOTTER, 0000 ANTHONY C. SMITH, 0000 MICHAEL A. TORINO, 0000 JANET A. YOUNG, 0000 BRIAN P. SMITH, 0000 LILLIAN V. TORRES, 0000 MICHAEL A. YOUNG, 0000 CHARLES A. SMITH, 0000 DANIEL R. TORWEIHE, 0000 PETER M. YOUNG, VI 0000 DARYL R. SMITH, 0000 PETER J. TRAMBLEY, 0000 SCOTT A. YOUNG, 0000 KAREN J. SMITH, 0000 ANDREW C. TREMBLAY, 0000 LARRY D. YOUNGNER, 0000 LEROY K. SMITH, 0000 DENNIS W. TROSEN, 0000 JOHN R. YOUNGS, 0000 RUSSELL J. SMITH, 0000 DAVID J. TRUJILLO, 0000 LORI A. YOUNGS, 0000 VINCENT C. SMITH, 0000 PAUL C. TRULOVE, 0000 JEFFREY W. ZAK, 0000 VIRGINIA T. SMITH, 0000 MARK H. TUCKER, 0000 BARBARA J. ZANOTTI, 0000 WILLIAM J. SMITH, 0000 STEVEN M. TUCKER, 0000 EDWARD M. ZASTAWNY, 0000 GERALD S. SMITHER, JR, 0000 RUDOLPH E. TURCO, 0000 DAVID E. ZEH, 0000 ERIC A. SNADECKI, 0000 RICKEY H. TURNER, 0000 JOHN J. ZENTNER, 0000 JOSEPH C. SNOW, 0000 RICHARD D. TWIGG, 0000 JOHN J. ZIEGLER III, 0000 TROY D. SNOW, 0000 TED T. UCHIDA, 0000 DALE L. ZIMMERMAN, 0000 THOMAS J. SOBIESKI, 0000 TYRUS R. ULMER, 0000 RICHARD P. ZINS, 0000 CYRIL J. SOCHA, 0000 RICHARD T. ULRICH, 0000 PETER H. ZUPPAS, 0000 RUSSELL J. SOJOURNER, 0000 CAROLYN M. VADNAIS, 0000 BRIAN P. ZUROVETZ, 0000 STEVEN B. SOKOLY, 0000 FRED L. VALENTINE, JR., 0000 MARY K. SOLOMON, 0000 JOHN C. VALLE, 0000 IN THE ARMY STEVEN W. SORENSEN, 0000 OVOST JACQUELINE D. VAN, 0000 ROGER B. SORRELL, 0000 PETER M. VANDENBOSCH, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSE A. SOTO, 0000 JEFFREY L. VANDINE, 0000 TO THE GRADES INDICATED IN THE UNITED STATES LORRAINE M. SOUZA, 0000 DAVID A. VANLEAR, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 624: TIMOTHY E. SPAETH, 0000 BRUCE A. VANSKIVER, 0000 To be lieutenant colonel JON R. SPANGLER, 0000 JAMES C. VECHERY, 0000 GARY F. SPENCER, 0000 CURTIS K. VIALL, 0000 ROBERT V. LORING, 0000 CH RICHARD H. SPENCER, 0000 CAISSON M. VICKERY, 0000 THEODORE M. SPENCER, 0000 RUSSELL A. VIEIRA, 0000 To be major ERIC W. SPRADLING, 0000 STEVEN L. VIEIRA, 0000 JEFFREY D. WATTERS, 0000 CH DAVID A. SPRAGUE, 0000 VICTORIA C. VITUCCI, 0000 JOHN J. SPROUL, JR., 0000 BRADLEY S. VOGT, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVIN D. STAFFORD, 0000 DANIEL R. VORE, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE MATTHEW C. STAFFORD, 0000 THEODORE T. VROMAN, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: BENJAMIN T. STAGG, 0000 THOMAS S. WAGNER, 0000 JOSEPH J. STANKO, 0000 BRANDON S. WAGONER, 0000 To be colonel DAVID P. STAVEN, 0000 KIM M. WALDRON, 0000 RICHARD J. STECKBECK, 0000 ROBERT C. WALK, 0000 WILLIE D. DAVENPORT, 0000 ROBERT E. STEED, 0000 AMY L. WALKER, 0000 JAMES F. RILEY, 0000 ROBERT G. STEELE, JR., 0000 FRIEND L. WALKER, 0000 WILLIAM P. TROY, 0000 RICHARD A. STEFANSKI, 0000 KENNETH K. WALKER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SHANE T. STEGMAN, 0000 WILLIAM WALKOWIAK, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY STEVEN J. STEIN, 0000 DONNA A. WALLACE, 0000 AND FOR REGULAR APPOINTMENT IN THE JUDGE ADVO- JEFFREY A. STEINMILLER, 0000 KATHRYN C. WALLACE, 0000 CATE GENERAL’S CORPS (IDENTIFIED BY AN ASTER- JOHN L. STEVENS, 0000 DAVIS M. WALLETTE, 0000 ISK(*)) UNDER TITLE 10, U.S.C., SECTIONS 624, 531, AND 3064: RANDON C. STEWART, 0000 STEVEN P. WALSH, 0000 DAVID R. STILWELL, 0000 MARIE E. WALTERS, 0000 To be major NANCY A. PETRITS STINSON, 0000 TERESA A. WALTERS, 0000 GREGORY D. STJOHN, 0000 THOMAS E. WAND, 0000 *THOMAS N. AUBLE, 0000 MARTHA A. STOKES, 0000 MARK A. WARD, 0000 *THOMAS J. BARRETT, 0000 CAROL L. STONE, 0000 MATTHEW M. WARRENTHOMAS, 0000 *STEPHEN P. BELL, JR., 0000 STUART W. STOPKEY, 0000 LAWRENCE A. WATERMAN, 0000 *DANIEL M. BERGER, 0000 TERRY L. STOTLER, 0000 ROGER H. WATKINS, 0000 *MARK A. BLEVINS, 0000 RAYMOND T. STRASBURGER, 0000 RONALD V. WATKINS, 0000 *JEFF A. BOVARNICK, 0000 MARC F. STRATTON, 0000 THOMAS E. WATSON, 0000 *ROBERT L. BOWERS, 0000 ARNOLD H. STRELAND, 0000 JOHN W. WAYNE IV, 0000 *MARY J. BRADLEY, 0000 CHARLES M. STRIBULA, 0000 SUSAN M. WEAVER, 0000 *MARY E. BRAISTED, 0000 MARK R. STRICKLAND, 0000 ALAN D. WEBSTER, 0000 CHRISTINE M. CHOI, 0000 JAMES R. STRIGHT, 0000 ROBERT C. WEST, JR., 0000 *KERRY L. CUNEO, 0000 RICKY O. STUART, 0000 JOEL S. WESTA, 0000 *EDWARD R. DILLARD, 0000 MARK E. STUBBLEFIELD, 0000 STEVEN R. WESTERBACK, 0000 *RICHARD P. DONOGHUE, 0000 JOHN G. STUTTS, 0000 CHARLES J. WESTGATE III, 0000 *ANDREW C. EFAW, 0000 BRIAN J. STUTZ, 0000 DOUGLAS K. WESTPHAL, 0000 *PAUL F. ELKIN, 0000 PAUL J. SUAREZ, 0000 WILLIAM C. WETHOR, 0000 *KERRY L. ERISMAN, 0000 ANTHONY P. SUBER, 0000 PAUL V. WHALEN, 0000 SUSAN K. ESCALLIER, 0000 KEITH A. SULLIVAN, 0000 NANCY P. WHARTON, 0000 *WILLIAM D. FAITH III, 0000 KEVIN L. SULLIVAN, 0000 JAMES M. WHITE, 0000 *CHRISTOPHER T. FREDRIKSON, 0000 DAVID A. SUTTON, 0000 KENN WHITE, 0000 *ANDREW J. GLASS, 0000 FRANCINE I. SWAN, 0000 MARK K. WHITE, 0000 *ELIZABETH A. GOSSART, 0000 GEORGE F. SWAN, 0000 WILLIAM K. WHITE, 0000 *PATRICIA A. HARRIS, 0000 ERIC A. SWANK, 0000 NEIL S. WHITEMAN, 0000 *MARK A. HOLYCROSS, 0000 DARRYL L. SWEETWINE, 0000 JEFFREY A. WHITTALL, 0000 BRADLEY J. HUESTIS, 0000 KENNETH S. SWENSON, 0000 DAVID M. WHITTEMORE, 0000 *KIMBERLY J. HUHTA, 0000 JOSEPH A. SWILLUM, 0000 DANIEL L. WHITTEN, 0000 *ERIC T. JENSEN, 0000 JOHN R. SWONSON, 0000 CHARLES R. WHITZEL, 0000 *MAURICE J. JOHNSON, 0000 ANNEMARIE THERESE SYKES, 0000 TIMOTHY D. WIECK, 0000 DANIEL G. JORDAN, 0000 JAMES C. SYLVESTER, 0000 JEFFREY PARKER WILCOX, 0000 *JOSEPH A. KEELER, 0000 JEFFREY B. SYMMES, 0000 LINDA B. WILDES, 0000 NICHOLAS S. KING, 0000 PHILLIP P. TABER, 0000 JOSEPH T. WILEY, 0000 *AUDRIUS J. KIRVELAITIS, 0000 MARK T. TAGGART, 0000 ANDREW P. WILHELM, 0000 *NATALIE A. KOLB, 0000 GRANT L. TAKAHASHI, 0000 SCOTT A. WILHELM, 0000 *ERIC S. KRAUSS, 0000 DALE A. TAKENAKA, 0000 GREGORY A. WILHITE, 0000 ALLYSON G. LAMBERT, 0000 TODD T. TAMURA, 0000 MICHAEL A. WILKE, 0000 *JAMES M. LANGHAM, 0000 CHRISTOPHER J. TANCREDI, 0000 RICHARD R. WILLETT, 0000 *EDWARD K. LAWSON IV, 0000 MONIKA TANEDO, 0000 STEVEN E. WILLIAMS, 0000 *PATRICIA A. LEWIS, 0000 GREGORY L. TARR, 0000 SYLVIA J. WILLIAMS, 0000 *GREGORY N. MALSON, 0000 WILLIAM W. TARVIN, 0000 ANGELA S. WILLIAMSON, 0000 *IMOGENE MC GRIGGSJAMISON, 0000 WALTER F. TATUM III, 0000 JONATHAN B. WILLS, 0000 *STEVEN M. MOHLHENRICH, 0000 DOUG E. TAUSCHER, 0000 BURKE E. WILSON, 0000 *BRONTE I. MONTGOMERY, 0000 JOHN D. TAYLOR, 0000 CHARLOTTE L. WILSON, 0000 *JEFFERSON K. MOORE, 0000 JOHN S. TAYLOR, JR., 0000 JEFFERY A. WILSON, 0000 *ROBERT B. NEILL, 0000 KEVIN L. TAYLOR, 0000 JEFFREY C. WILSON, 0000 *MARTHA OCLANDER, 0000 ROBERT E. TAYLOR, 0000 MARC G. WILSON, 0000 *STEVEN R. PATOIR, 0000 GREGORY O. TEAL, 0000 ROBERT J. WILSON, 0000 *JAMES A. POLLOCK, 0000 ANDREW J. TERZAKIS, JR., 0000 JOHN J. WILT, JR., 0000 *MATTHEW D. RAMSEY, 0000 ROBERT A. TETLA, 0000 MICHAEL A. WINGFIELD, 0000 *NATHAN W. RATCLIFF, 0000 MICHAEL J. THEN, 0000 WALLACE K. WINTER, 0000 *ROBERT F. RESNICK, 0000 MAXIE C. THOM, 0000 CLAYTON J. WISNIEWSKI, 0000 *VANESSA D. RUDOLPH, 0000 GREGORY L. THOMAS, 0000 KEVIN L. WITTE, 0000 GREGG S. SHARP, 0000 LINDA M. THOMAS, 0000 JAMES R. WOLF, 0000 *KEVIN D. SMITH, 0000 MARK A. THOMAS, 0000 JON G. WOLFE, 0000 *ANGELIA J. SOLOMON, 0000 MARK R. THOMAS, 0000 DEAN A. WOLFORD, 0000 *EVAN M. STONE, 0000 STEPHEN F. THOMAS, 0000 MICHAEL J. WOLTMAN, 0000 *JEANETTE K. STONE, 0000 HOWARD E. THOMPSON, JR., 0000 GEORGE R. WOLTZ, JR., 0000 *RANDOLPH SWANSIGER, 0000 KENNETH E. THOMPSON, JR., 0000 ROBERT M. WOOD, JR., 0000 *DAVID K. WOLFE, 0000 STEVEN D. THOMPSON, 0000 DAVID E. WOODEN, 0000 *ROBERT A. YOH, 0000 TIMMIE L. THOMPSON, 0000 STEPHEN R. WOODY, 0000 IN THE NAVY WADE J. THOMPSON, 0000 KEVIN B. WOOTON, 0000 JAMES D. THORNE, 0000 ALAN J. WORLEY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL L. THORNE, 0000 JEFFREY B. WORRELL, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROGER D. THRASHER, 0000 FOREST B. WORTMAN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: RANDY P. THREET, 0000 BRUCE A. WRIGHT, 0000 KEVIN D. TILGHMAN, 0000 VICTORIA L. WUCHNICK, 0000 To be commander KEITH E. TOBIN, 0000 WILLIAM E. WYCHE, 0000 LEANNE M. YORK-SLAGLE, 0000 KENNETH E. TODOROV, 0000 PAUL M. YAMAGUCHI, 0000 PATRICK E. TOLAN, JR., 0000 TONY K. YANG, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- JOHN J. TOMICK, 0000 EUGENE YIM, 0000 POINTMENT TO THE GRADES INDICATED IN THE UNITED

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STATES NAVY UNDER TITLE 10, U.S.C., SECTIONS 531 AND DANIEL S. RATICAN, 0000 KENNETH P. NICKLES, 0000 5582: STEPHEN S. REDMOND, 0000 ERIC H. PALMER, 0000 To be commander ROBYN M. REED, 0000 MARIE I. PARRY, 0000 CHRISTOPHER H. REHKOP, 0000 KRISTIN M. PIOTROWSKI, 0000 JAMES H. FRASER, 0000 JOHN R. REINERTSON, 0000 MARY A. PONCE, 0000 JAY S. RICHARDS, 0000 WILLIAM M. RANNEY, 0000 To be lieutenant commander CHAD R. RIDDER, 0000 ERIC W. RASCH, 0000 CHARLES R. BENSON, 0000 ORA J. ROBINSON, 0000 DOUGLAS M. REINBOLD, 0000 RICHARD B. BRINKER, 0000 KENNETH D. ROGERS, 0000 ROBERT T. REYES, 0000 NICHOLAS M. CARDINALE, 0000 LUZ J. ROSAS, 0000 MATTHEW L. RIVERA, 0000 LINDA L. HEID, 0000 TREVOR A. RUSH, 0000 JILL M. ROBINSON, 0000 ELIZABETH M. KIKLA, 0000 JAMES E. RUTKOWSKI, 0000 STEPHEN W. ROELANDS, 0000 SCOTT KOOISTRA, 0000 DEBRA A. RUYLE, 0000 JESSICA D. SANFORD, 0000 MARTIN A. MAKELA, 0000 DENNIS G. SAMPSON, 0000 DEBRA R. SAUNDERS, 0000 BRYAN P. SCHUMACHER, 0000 CHRISTOPHER D. SAUFLEY, 0000 ROBERT D. SCOTT, 0000 PAUL D. SEEMAN, 0000 WILLIAM E. SCHLEMMER, 0000 ROBERT K. SEIGEL, 0000 FREDRIK D. SCHMITZ, 0000 RODNEY L. SIMON, 0000 To be lieutenant ROBERT P. SCHULHOF, JR., 0000 DANA L. K. SMITH, 0000 VANESSA P. AMBERS, 0000 CARY T. SCHULTZ, 0000 DOROTHY M. SMITH, 0000 KENNETH J. ARLINGHAUS, 0000 WESLEY B. SEARCY, 0000 MIKEL L. SMITH, 0000 DENIS E. ASHLEY, 0000 JOHN M. SHARRETTS, 0000 WAYNE E. SMITH, 0000 DOUGLAS P. BARBER, JR., 0000 DANAHE O. SIERRA, 0000 JOSEPH W. STERLING, JR., 0000 STACI M. BARBONE, 0000 RITA G. SIMMONS, 0000 NATHANIEL R. STRAUB, 0000 JOHN D. BAUER, 0000 PATTI SKINNER, 0000 BRETT M. SULLIVAN, 0000 HARVEY S. BECKMAN, 0000 DAVID L. SPENCER, 0000 JEFFREY D. THOMAS, 0000 BRODERICK C. BELLO, 0000 WILLIAM A. STEINER, 0000 MATTHEW A. TOTORO, 0000 RENE A. BELMARES, 0000 DOUGLAS E. STEPHENS, 0000 PAUL B. TRIPP, 0000 JAMES P. BENOIT, 0000 RAYMOND D. STIFF, 0000 BRYAN G. VANVELDHUIZEN, 0000 KEVIN B. BOGUCKI, 0000 RENEE R. STINEMAN, 0000 PATRICK J. VEGELER, 0000 BRYAN C. BOST, 0000 KERRY L. SULLY, 0000 BRIAN J. VOSBERG, 0000 MONICA E. BRADFORD, 0000 DOUGLAS K. TADAKI, 0000 MARK M. WADE, 0000 GEORGE E. BRESNIHAN, 0000 AUNDREA E. TAPLIN, 0000 PAUL F. WAKEFIELD, 0000 ERIC G. BROOKS, 0000 EDWIN E. TAYLOR, 0000 PETER W. WARD, 0000 DAVID S. BROWN, 0000 DENNIS A. THOMAS, 0000 NICOLE A. WAYBRIGHT, 0000 THOMAS A. BUSHAW, 0000 CAROLYN M. THOMPSON, 0000 MASON E. WEISBROD, 0000 JEROME T. CAMPBELL II, 0000 ROBERT W. TIDWELL, 0000 DANNY A. WILLIAMS, 0000 NADINE E. CATER, 0000 GEORGE A. WALBORN II, 0000 CRAIG L. WOLFE, 0000 TERENCE CHAN, 0000 CHRISTIAN T. WALLIS, 0000 WILLIAM L. WOOD, 0000 JOHN A. CHILSON, 0000 CHRISTOPHER H. WELLER, 0000 MARK A. ZIEGLER, 0000 CARMEN D. CHRISTIAN, 0000 MICHAEL T. WESTBROOK, 0000 NATHALIE M. ZIELINSKI, 0000 MARK D. CLARK, 0000 BRIAN J. WILLEMSSEN, 0000 To be ensign NOELLE COLLETTA, 0000 KEVIN R. WILLIAMS, 0000 PETER M. COLLINS, 0000 WEYLIN J. WINDOM, 0000 DWAYNE. K. HOPKINS, 0000 MICHAEL P. CONNOR, 0000 MICHAEL T. WOLFERSBERGER, 0000 JOEL W. COOTS, 0000 TODD E. YANIK, 0000 f ISABELLE E. DETTER, 0000 FREDERICK E. YEO, 0000 TIM J. DEWITT, 0000 PAUL. D. ZIEGLER, 0000 CONFIRMATIONS MATT M. DIAZ, 0000 To be lieutenant (junior grade) STANLEY S. DIMIRACK, 0000 Executive nominations confirmed by JAMES M. DIXON, 0000 ANDREAS C. ALFER, 0000 the Senate March 30, 2000: JUSTUS K. EHLERS, JR., 0000 KENNETH D. ANDERSON, 0000 JOSEPH J. ELDRED, 0000 LONNIE L. APPLEGET, 0000 IN THE AIR FORCE ELIZABETH ESCALERA, 0000 SHEILA T. ASBURY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AHMED FERGUSON, 0000 KELVIN J. ASKEW, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MICHELE A. FINNEGAN, 0000 ARNEL J. BARBA, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE DAVID A. FLORIN, 0000 JEFFREY L. BENJAMIN, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION TIMOTHY T. FOSTER, 0000 FRANKLIN W. BENNETT, 0000 601: CYNTHIA R. FRENCH, 0000 JOHN E. BLANKENSHIP, 0000 NATASHA A. GAMMON, 0000 THOMAS G. BODNOVICH, JR., 0000 To be general JEFFERSON GAYNOR, 0000 CHRISTOPHER L. BOYD, 0000 DONALD L. GEORGE, JR., 0000 TED W. BOYD, 0000 GEN. LESTER L. LYLES, 0000. BARBARA L. GERMANN, 0000 GREG A. BRAATEN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KAREN GIAIMO, 0000 CAROL R. BRANAN, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- PATRICK J. GIBBONS, 0000 ERIK K. BREITENBACH, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE KEITH S. GIBEL, 0000 DAVID S. BRINSON, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION JAMES E. GOLLADAY II, 0000 STEPHEN M. BRONAUGH, 0000 601: HECTOR GONZALEZ, 0000 CHARLES J. BYERS, 0000 MARK T. GOULD, 0000 WILLIAM S. BYERS, 0000 To be lieutenant general PETER A. HAGGE, 0000 JASON G. CANFIELD, 0000 JULIE M. HILLERY, 0000 DARYLE D. CARDONE, 0000 MAJ. GEN. MICHAEL E. ZETTLER, 0000. HEATHER M. HOLMES, 0000 JOSEPH P. CHOPEK, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JASON J. HOLMES, 0000 WILLIAM H. CLARKE, 0000 AS VICE CHIEF OF STAFF, IN THE UNITED STATES AIR FRANKLIN R. HUBBARD, 0000 ELIZABETH G. COBOS, 0000 FORCE, AND APPOINTMENT TO THE GRADE INDICATED ROSLYN J. JACKSON, 0000 RUSSELL J. CORPRON, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ALISIA G. JAHNS, 0000 MICHAEL D. CRAFTS, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601 GREGORY R. KAHLES, 0000 CHRISTOPHER R. CRERAR, 0000 AND 8034: GARY F. KEITH, 0000 JORGE R. CUADROSIBARRA, 0000 MATTHEW J. KENNEDY, 0000 PHILIP J. DAUERNHEIM, 0000 To be general MOLLY I. KETCHELL, 0000 VICTOR M. DIAZ, 0000 LINDA G. KIMSEY, 0000 JOHN D. DUNHAM, 0000 LT. GEN. JOHN W. HANDY, 0000. JOHN S. KING III, 0000 ANDREW A. EATON, 0000 THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED DAVID A. KIRK, 0000 CATHERINE A. ENGLER, 0000 STATES OFFICERS FOR APPOINTMENT IN THE RESERVE GEORGE S. KNAPP, 0000 FERNANDO M. ESTRELLA, 0000 OF THE AIR FORCE TO THE GRADE INDICATED UNDER LEOPOLD D. KREISEL, 0000 BILLY K. FAGAN, 0000 TITLE 10, U.S.C., SECTION 12203: CHRISTOPHER J. KRUS, 0000 DOUGLAS GABOS, 0000 KELLY T. LAVEDI, 0000 JOSEPH A. GOMEZ, 0000 To be major general MICHAEL R. LOCK, 0000 ROBERT D. GRIFFITH, 0000 JULIE A. LUNDSTAD, 0000 KEVIN J. GUE, 0000 BRIG. GEN. JAMES F. BARNETTE, 0000. SUE A. MAHONEY, 0000 DAWN M. HARDIN, 0000 BRIG. GEN. GILBERT R. DARDIS, 0000. MEI L. A. MARSHALL, 0000 MICHAEL C. HARVEY, 0000 BRIG. GEN. DAVID B. POYTHRESS, 0000. ALISON H. MARTZ, 0000 ERIC C. HAUN, 0000 BRIG. GEN. JOSEPH K. SIMEONE, 0000. JAMES A. MARVIN, 0000 PAMELA L. HERBIG, 0000 BRIG. GEN. RICHARD E. SPOONER, 0000. SEAN M. MAXWELL, 0000 JOSEPH E. HUGGINS, 0000 BRIG. GEN. STEVEN W. THU, 0000. MICHELE A. MCCLOSKEY, 0000 LESLIE C. L. HULLRYDE, 0000 BRIG. GEN. BRUCE F. TUXILL, 0000. KRISTINA E. MCGEE, 0000 CHRISTOPHER C. HUNT, 0000 To be brigadier general DANIEL J. MCLAUGHLIN, 0000 BOBBY J. HURT, 0000 DAVID A. MELVIN, 0000 JEFFREY H. JEFFERIES, 0000 COL. SHELBY G. BRYANT, 0000. BLAIR T. MILES, 0000 KEITH W. JEFFRIES, 0000 COL. KENNETH R. CLARK, 0000. MICHAEL W. MORGAN, 0000 GARY S. JOSHWAY, 0000 COL. GREGORY B. GARDNER, 0000. BRET J. MOSCON, 0000 MICHAEL K. KASLIK, 0000 COL. JOHN B. HANDY, 0000. MATTHEW F. MUNN, 0000 BLAKE W. KENT, 0000 COL. JON D. JACOBS, 0000. BRENDA L. NELSON, 0000 DANIEL E. KINSKE, 0000 COL. CLIFTON W. LESLIE, JR., 0000. NICHOLAS B. OLESEN, 0000 JAMES P. KOTLYN, 0000 COL. JOHN A. LOVE, 0000. CHRISTIAN A. ORTEGO, 0000 ROGER C. LANKHEET, JR., 0000 COL. DOUGLAS R. MOORE, 0000. MEGAN C. OSBORNE, 0000 BRUCE W. LAWSON, 0000 COL. EUGENE A. SEVI, 0000. TRENT L. OUTHOUSE, 0000 JASON D. LAYTON, 0000 COL. DAVID E.B. STROHM, 0000. KENNETH D. PACE, 0000 MICHAEL P. LEONARD, 0000 COL. HARRY M. WYATT III, 0000. WENDELL L. PASARABA, 0000 DAVID M. LONG, 0000 DEBORAH R. PERCELL, 0000 TRACY A. MAESTAS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANTHONY F. PERREAULT, 0000 LORENA N. MARSHALL, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ELISABETH G. PETERS, 0000 LAURA L. MC MULLEN, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE TABITHA D. PIERZCHALA, 0000 MELISSA A. MC SWAIN, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ELIZABETH L. A. PORTER, 0000 MCADAM K. H. MOGHADDAM, 0000 601: KAREN H. PORTER, 0000 MICHAEL D. MOORE, 0000 To be lieutenant general BRYAN K. RAMSEY, 0000 DEAN J. MORAN, 0000 BELINDA A. RAND, 0000 TIMOTHY J. NICHOLLS, 0000 MAJ. GEN. RONALD E. KEYS, 0000.

VerDate Mar 15 2010 23:42 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 4624 Sfmt 9801 E:\2000SENATE\S30MR0.REC S30MR0 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 30, 2000 CONGRESSIONAL RECORD — SENATE S2027 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To the brigadier general, Nurse Corps NAVY NOMINATIONS BEGINNING MARIAN L. CELLI, AND IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ENDING MIGUEL A. FRANCO, WHICH NOMINATIONS WERE CATED UNDER TITLE 10, U.S.C., SECTION 624: COL. WILLIAM T. BESTER, 0000. RECEIVED BY THE SENATE AND APPEARED IN THE CON- GRESSIONAL RECORD ON FEBRUARY 23, 2000. To be major general IN THE AIR FORCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. GARY A. AMBROSE, 0000. AIR FORCE NOMINATIONS BEGINNING TERRANCE A. TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRIG. GEN. BRIAN A. ARNOLD, 0000. HARMS, AND ENDING KRISTA K. WENZEL, WHICH NOMI- UNDER TITLE 10, U.S.C., SECTION 624: BRIG. GEN. THOMAS L. BAPTISTE, 0000. NATIONS WERE RECEIVED BY THE SENATE AND AP- BRIG. GEN. LEROY BARNIDGE, JR., 0000. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY To be lieutenant commander BRIG. GEN. JOHN L. BARRY, 0000. 23, 2000. WILLIAM R. MAHONEY, 0000 BRIG. GEN. WALTER E.L. BUCHANAN III, 0000. AIR FORCE NOMINATIONS BEGINNING JAMES L. ABER- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. RICHARD W. DAVIS, 0000. NATHY, AND ENDING DARRYLL D.M. WONG, WHICH NOMI- TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRIG. GEN. ROBERT R. DIERKER, 0000. NATIONS WERE RECEIVED BY THE SENATE AND AP- UNDER TITLE 10, U.S.C., SECTION 624: BRIG. GEN. MICHAEL N. FARAGE, 0000. PEARED IN THE CONGRESSIONAL RECORD ON MARCH 9, BRIG. GEN. JACK R. HOLBEIN, JR., 0000. 2000. BRIG. GEN. CHARLES L. JOHNSON II, 0000. To be lieutenant commander BRIG. GEN. THEODORE W. LAY II, 0000. IN THE ARMY STEPHEN R. SILVA, 0000 BRIG. GEN. TEDDIE M. MC FARLAND, 0000. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. MICHAEL C. MC MAHAN, 0000. ARMY NOMINATIONS BEGINNING JAIME ALBORNOZ, TO THE GRADE INDICATED IN THE UNITED STATES BRIG. GEN. TIMOTHY J. MC MAHON, 0000. AND ENDING TIMOTHY D. WILLIAMSON, WHICH NOMINA- NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: BRIG. GEN. DUNCAN J. MC NABB, 0000. TIONS WERE RECEIVED BY THE SENATE AND APPEARED BRIG. GEN. HOWARD J. MITCHELL, 0000. IN THE CONGRESSIONAL RECORD ON FEBRUARY 2, 2000. To be captain BRIG. GEN. BENTLEY B. RAYBURN, 0000. ARMY NOMINATIONS BEGINNING LYLE W. CAYCE, AND BRIG. GEN. JOHN F. REGNI, 0000. ENDING ROGER D. WASHINGTON, WHICH NOMINATIONS GRAEME ANTHONY BROWNE, 0000 BRIG. GEN. VICTOR E. RENUART, JR., 0000. WERE RECEIVED BY THE SENATE AND APPEARED IN THE BRIG. GEN. LEE P. RODGERS, 0000. CONGRESSIONAL RECORD ON FEBRUARY 7, 2000. NAVY NOMINATIONS BEGINNING JOHN P. LABANC, AND ENDING FORREST S. YOUNT, WHICH NOMINATIONS WERE BRIG. GEN. GLEN D. SHAFFER, 0000. ARMY NOMINATIONS BEGINNING JAMES M. DAPORE, BRIG. GEN. CHARLES N. SIMPSON, 0000. RECEIVED BY THE SENATE AND APPEARED IN THE CON- AND ENDING MICHAEL J. WILSON, WHICH NOMINATIONS GRESSIONAL RECORD ON FEBRUARY 23, 2000. BRIG. GEN. JAMES N. SOLIGAN, 0000. WERE RECEIVED BY THE SENATE AND APPEARED IN THE BRIG. GEN. MICHAEL P. WIEDEMER, 0000. CONGRESSIONAL RECORD ON FEBRUARY 23, 2000. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. MICHAEL W. WOOLEY, 0000. TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRIG. GEN. BRUCE A. WRIGHT, 0000. ARMY NOMINATIONS BEGINNING JAMES W. HUTTS, AND UNDER TITLE 10, U.S.C., SECTION 624: ENDING BRONISLAW A. ZAMOJDA, WHICH NOMINATIONS THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED WERE RECEIVED BY THE SENATE AND APPEARED IN THE To be commander STATES OFFICER FOR APPOINTMENT IN THE RESERVE CONGRESSIONAL RECORD ON FEBRUARY 23, 2000. ROBERT F. BLYTHE, 0000 OF THE AIR FORCE TO THE GRADE INDICATED UNDER ARMY NOMINATIONS BEGINNING PAUL R. HULKOVICH, TITLE 10, U.S.C., SECTION 12203: AND ENDING MICHAEL A. WEBER, WHICH NOMINATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be brigadier general WERE RECEIVED BY THE SENATE AND APPEARED IN THE TO THE GRADE INDICATED IN THE UNITED STATES NAVY CONGRESSIONAL RECORD ON FEBRUARY 23, 2000. UNDER TITLE 10, U.S.C., SECTION 624: COL. DAVID F. WHERLEY, JR., 0000. ARMY NOMINATIONS BEGINNING SCOTT R. ANTOINE, To be lieutenant commander IN THE ARMY AND ENDING PATRICK J. WOODMAN, WHICH NOMINA- TIONS WERE RECEIVED BY THE SENATE AND APPEARED GEORGE P. HAIG, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE CONGRESSIONAL RECORD ON FEBRUARY 23, 2000. IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: ARMY NOMINATIONS BEGINNING MARTHA C. LUPO, AND TO THE GRADE INDICATED IN THE UNITED STATES NAVY ENDING CHARLES L. YOUNG, WHICH NOMINATIONS WERE UNDER TITLE 10, U.S.C., SECTION 624: COL. ROBERT E. GAYLORD, 0000. RECEIVED BY THE SENATE AND APPEARED IN THE CON- GRESSIONAL RECORD ON FEBRUARY 23, 2000. To be lieutenant commander THE FOLLOWING ARMY NATIONAL GUARD OF THE ARMY NOMINATIONS BEGINNING THOMAS W. ACOSTA, UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- MELVIN J. HENDRICKS, 0000 SERVE OF THE ARMY TO THE ARMY TO THE GRADE INDI- JR., AND ENDING VINCENT A. ZIKE, JR., WHICH NOMINA- CATED UNDER TITLE 10, U.S.C., SECTION 12203: TIONS WERE RECEIVED BY THE SENATE AND APPEARED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE CONGRESSIONAL RECORD ON MARCH 7, 2000. TO THE GRADE INDICATED IN THE UNITED STATES NAVY COL. DAVID E. GLINES, 0000. ARMY NOMINATIONS BEGINNING JAMES G. AINSLIE, UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING ARMY NATIONAL GUARD OF THE AND ENDING THOMAS M. PENTON, JR., WHICH NOMINA- To be lieutenant commander UNITED STATES OFFICERS FOR APPOINTMENT IN THE TION WERE RECEIVED BY THE SENATE AND APPEARED RESERVE OF THE ARMY TO THE GRADE INDICATED IN THE CONGRESSIONAL RECORD ON MARCH 9, 2000. JON E. LAZAR, 0000 UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be major general UNDER TITLE 10, U.S.C., SECTIONS 531 AND 624: UNDER TITLE 10, U.S.C., SECTION 624: BRIG. GEN. WILLIAM A. CUGNO, 0000. To be lieutenant colonel BRIG. GEN. BRADLEY D. GAMBILL, 0000. To be lieutenant commander BRIG. GEN. MARIANNE MATHEWSON-CHAPMAN, 0000. JANE H. EDWARDS, 0000. BRIG. GEN. MICHAEL H. TAYLOR, 0000. LAWRENCE R. LINTZ, 0000 BRIG. GEN. FRANCIS D. VAVALA, 0000. ARMY NOMINATIONS BEGINNING JEFFREY J. ADAMOVICZ, AND ENDING JOHN F. ZETO, WHICH NOMINA- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be brigadier general TIONS WERE RECEIVED BY THE SENATE AND APPEARED TO THE GRADE INDICATED IN THE UNITED STATES NAVY IN THE CONGRESSIONAL RECORD ON MARCH 9, 2000. UNDER TITLE 10, U.S.C., SECTION 624: COL. JOHN A. BATHKE, 0000. COL. BARBARANETTE T. BOLDEN, 0000. IN THE MARINE CORPS To be lieutenant commander COL. RONALD S. CHASTAIN, 0000. DAVID E. LOWE, 0000 COL. RONALD G. CROWDER, 0000. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. RICKY D. ERLANDSON, 0000. TO THE GRADE INDICATED IN THE UNITED STATES MA- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. DALLAS W. FANNING, 0000. RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY COL. DONALD J. GOLDHORN, 0000. To be major UNDER TITLE 10, U.S.C., SECTION 624: COL. LARRY W. HALTOM, 0000. COL. WILLIAM E. INGRAM, JR., 0000. JOSEPH L. BAXTER, JR., 0000 To be lieutenant commander COL. JOHN T. KING, JR., 0000. MICHAEL S. NICKLIN, 0000 COL. RANDALL D. MOSLEY, 0000. NAVY COL. RICHARD C. NASH, 0000. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. PHILLIP E. OATES, 0000. TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY COL. RICHARD D. READ, 0000. UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 624: COL. ANDREW M. SCHUSTER, 0000. COL. DAVID A. SPRYNCZYNATYK, 0000. To be commander To be lieutenant commander COL. RONALD B. STEWART, 0000. COL. WARNER I. SUMPTER, 0000. STAN M. AUFDERHEIDE, 0000 ROBERT J. WERNER, 0000 COL. CLYDE A. VAUGHN, 0000. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY IN THE UNITED STATES ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C. SECTION 624: UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 3069 AND IN ACCORD- To be commander To be captain ANCE WITH ARTICLE II, SECTION 2 OF THE CONSTITUTION OF THE UNITED STATES: MICHAEL T. BOURQUE, 0000 CARL M. JUNE, 0000

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