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

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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, FRIDAY, JUNE 30, 2000 No. 86 House of Representatives The House was not in session today. Its next meeting will be held on Monday, July 10, 2000, at 12:30 p.m. Senate FRIDAY, JUNE 30, 2000

The Senate met at 9:31 a.m. and was PLEDGE OF ALLEGIANCE in the Chamber during votes in order called to order by the President pro The Honorable LINCOLN D. CHAFEE, a to expedite the conclusion of the pro- tempore [Mr. THURMOND]. Senator from the State of Rhode Is- ceedings. land, led the Pledge of Allegiance, as f PRAYER follows: RESERVATION OF LEADER TIME The Chaplain, Dr. Lloyd John I pledge allegiance to the Flag of the The PRESIDING OFFICER. Under Ogilvie, offered the following prayer: United States of America, and to the Repub- the previous order, the leadership time Spirit of the living God, fall afresh on lic for which it stands, one nation under God, is reserved. this Senate Chamber, enter the mind indivisible, with liberty and justice for all. and heart of each Senator, and reign as f f Sovereign over all that is said and done RECOGNITION OF THE ACTING MEASURE PLACED ON this day. We confess that it is some- MAJORITY LEADER CALENDAR—H.R. 4680 times easier to use pious words to pray The PRESIDING OFFICER (Mr. L. Mr. SPECTER. Mr. President, before about Your presence and power than it CHAFEE). The Senator from Pennsyl- we proceed to the Wellstone amend- is to turn over the control of our lives vania. ment, I understand there is a bill at and our work to You. We are strong f the desk due for its second reading. willed people, we want things done our The PRESIDING OFFICER. The SCHEDULE way, and often we are better at manip- clerk will report. ulation than meditation and medi- Mr. SPECTER. Mr. President, on be- The legislative clerk read as follows: ation. Built right into our two party half of the majority leader, I have been A bill (H.R. 4680) to amend title XVIII of system is the potential for discord and asked to announce, as manager of the the Social Security Act to provide for a vol- the lack of civility. It is so easy for us bill, that the Senate will immediately untary program for prescription drug cov- to get suited up like mountain climb- resume consideration of H.R. 4577, the erage under the Medicare Program, to mod- ers and then scramble over molehills. Labor, Health and Human Services, ernize the Medicare Program, and for other Procedures can become more impor- and Education appropriations bill. purposes. tant than progress and winning more Under the previous order, there are Mr. SPECTER. Mr. President, on be- crucial than being willing to work to- several votes remaining on amend- half of the majority leader, I object to gether. Now at the beginning of this ments to the bill, including the further proceedings on that bill at this day remind the Senators and all of us Wellstone amendment regarding drug time. who serve with them that this is Your pricing, the Helms amendment regard- The PRESIDING OFFICER. Under Senate, that we are accountable to ing school facilities, the Harkin the rule, the bill will be placed on the You, and that we could not breathe our amendment regarding IDEA, and any calendar. next breath without Your permission. amendment that is not cleared within (Action taken on June 29, 2000 but Keep our attention on what needs to be the managers’ package, and disposition not printed in that edition of the done now rather than on how what is of the point of order, along with a vote RECORD.) said and done now will impact the No- on final passage of the Labor-HHS ap- f vember election. In our mind’s eye we propriations bill, and possibly a vote picture a day in which we put You and on the adoption of the conference re- MEASURE PLACED ON our Nation first. We humble ourselves port to accompany the military con- CALENDAR—S. 2808 lest we be humiliated by missing the struction appropriations bill. Mr. FRIST. Mr. President, I under- call to greatness. In Your all powerful The leader has asked that I pass on stand there is a bill at the desk due for name. Amen. his message to urge Senators to remain its second reading.

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

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VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6186 CONGRESSIONAL RECORD — SENATE June 30, 2000 The PRESIDING OFFICER. The minutes for explanation prior to a vote Mr. REID. I announce that the Sen- clerk will report. on Wellstone amendment No. 3698. ator from California (Mrs. BOXER), the The legislative clerk read as follows: Mr. WELLSTONE. Mr. President, Senator from Hawaii (Mr. INOUYE), the A bill (S. 2808) to amend the Internal Rev- this amendment reinstates the Bush Senator from Vermont (Mr. LEAHY), enue Code of 1986 to temporarily suspend the administration’s policy of requiring a and the Senator from New York (Mr. Federal fuels tax. reasonable pricing clause in the NIH MOYNIHAN) are necessarily absent. Mr. FRIST. I object to further pro- drug patent licensing agreements and The result was announced—yeas 56, ceedings on this bill at this time. cooperative research agreements with nays 39, as follows: The PRESIDING OFFICER. The bill pharmaceutical companies unless [Rollcall Vote No. 168 Leg.] will be placed on the calendar. waived on public interest grounds. It YEAS—56 f does not apply to universities. A very Abraham Enzi McCain THE DEPARTMENTS OF LABOR, similar amendment passed by a 2-to-1 Allard Fitzgerald McConnell Ashcroft Frist HEALTH AND HUMAN SERVICES, margin in the House of Representa- Murkowski tives. Bennett Gorton Nickles AND EDUCATION, AND RELATED Biden Gramm All this says is, when it is our public Roberts AGENCIES APPROPRIATIONS, 2001 Bond Grams Santorum dollars—taxpayer money, our constitu- Breaux Hagel The PRESIDING OFFICER. Under Sessions ents’ money—we expect that the drug Brownback Helms Shelby Bunning Hutchinson the previous order, the Senate will now companies, when they benefit from all Smith (NH) Burns Hutchison resume consideration of H.R. 4577, Smith (OR) this, will agree to charge our constitu- Campbell Inhofe Snowe which the clerk will report. ents a reasonable price. Cochran Kerrey The legislative clerk read as follows: I think this is an amendment that Collins Kyl Specter Stevens A bill (H.R. 4577) making appropriations should command widespread support. I Coverdell Landrieu for the Departments of Labor, Health and Craig Lautenberg Thomas have offered this amendment with Sen- Thompson Human Services, and Education, and related Crapo Lieberman Thurmond agencies for the fiscal year ending Sep- ator JOHNSON. It has support from the DeWine Lott National Council of Senior Citizens, Dodd Lugar Torricelli tember 30, 2001, and for other purposes. Domenici Mack Warner Pending: Families USA, and the Committee to NAYS—39 Helms amendment No. 3697, to prohibit the Preserve Social Security and Medicare. expenditure of certain appropriated funds for I also want to say that I think Sen- Akaka Feingold Lincoln ator LEVIN, last night, hit the nail on Baucus Feinstein Mikulski the distribution or provision of, or the provi- Bayh Graham Murray sion of a prescription for, postcoital emer- the head when he said: It is bad enough Bingaman Grassley Reed gency contraception. that we have exorbitant prices. It is Bryan Gregg Reid Wellstone amendment No. 3698, to provide worse when we actually subsidize the Byrd Harkin Robb for a limitation on the use of funds for cer- research, and then we do not ask any- Chafee, L. Hollings Rockefeller tain agreements involving the conveyance of Cleland Jeffords Roth licensing of a drug. thing in return from these companies. Conrad Johnson Sarbanes Harkin amendment No. 3699, to fully fund The PRESIDING OFFICER. The Sen- Daschle Kennedy Schumer the programs of the Individuals with Disabil- ator from Pennsylvania. Dorgan Kerry Voinovich ities Education Act. Mr. SPECTER. Mr. President, the ob- Durbin Kohl Wellstone Edwards Levin Wyden Mr. SPECTER. Mr. President, one jective of the Wellstone amendment is item came up in the course of the con- laudable in trying to have reasonable NOT VOTING—5 sideration of the bill on which I com- prices. The difficulty is that this was Boxer Inouye Moynihan Hatch Leahy mented I would respond to regarding tried 7 or 8 years ago and was found to the increase in this bill over last year’s be very counterproductive. Instead of The motion to table was agreed to. bill. encouraging tests and development of Mr. SPECTER. Mr. President, I move This year’s bill contains a program pharmaceutical products, it discour- to reconsider the vote. level of $104.5 billion for fiscal year aged them. We have already adopted Mr. McCONNELL. I move to lay that 2001. This is a $7.9 billion increase over the Wyden amendment which provides motion on the table. fiscal year 2000, which had a program for a study on this issue. The motion to lay on the table was level of $96.6 billion. When assertions There are some very important mat- agreed to. have been made that the bill has grown ters raised by the Senator from Min- AMENDMENT NO. 3697 by 20.4 percent—that is over 20 per- nesota. Our subcommittee will hold The PRESIDING OFFICER. Under cent—that is not correct. That calcula- hearings on this subject shortly upon the previous order, there will now be 2 tion is made by comparing the fiscal our return in July to try to find out minutes for explanation prior to the year 2001 program level of $104.5 billion whether the NIH ought to have a share vote on the Helms amendment No. 3697. with the fiscal year 2000 budget author- of the patents or what would be a fair Mr. SPECTER. Mr. President, I ask ity level of $86.5 billion. That is not an approach. There has been substantial unanimous consent that the next votes accurate comparison. experience with what the Senator from in this series be limited to 10 minutes When you compare the 2001 actual Minnesota suggests in the 1992, 1993, each. program level to the 2000 program 1994 range, and it was counter- The PRESIDING OFFICER. Without level, the real increase is 8.2 percent. productive. That is why, although the objection, it is so ordered. The Senate will be in order. There This question has come up with some objective is laudable, I am forced to op- are a considerable number of votes to frequency. I thought it would be useful pose the amendment. to make that explanation. I move to table the Wellstone amend- come. Mr. BYRD. Mr. President, I thank Mr. President, I think we are now ment and ask for the yeas and nays. prepared to proceed to the Wellstone The PRESIDING OFFICER. Is there a the Chair for trying to get order. Will amendment. sufficient second? Senators please respect the Chair. Mr. WELLSTONE. Mr. President, be- There appears to be a sufficient sec- Mr. ROBB. Mr. President, lest there fore we proceed, could I ask my col- ond. be any confusion on the vote we are league, is it 2 minutes equally divided The question is on agreeing to the about to cast, it is my understanding or 4 minutes equally divided on each motion to table the Wellstone amend- that minors who seek a prescription amendment? ment No. 3698. The clerk will call the drug from a school-based health clinic Mr. SPECTER. Mr. President, the roll. can do so only after receiving consent Senator from Minnesota is correct. The assistant legislative clerk called from a parent or guardian. Given that Each side has 1 minute, and then we go the roll. this standard is already in place, I to the vote. Mr. NICKLES. I announce that the don’t believe it is the place of the fed- Mr. WELLSTONE. I thank the Sen- Senator from Utah (Mr. HATCH), is nec- eral government to instruct states and ator. essarily absent. localities what specific services can or AMENDMENT NO. 3698 I further announce that, if present cannot be offered in these clinics—I The PRESIDING OFFICER. Under and voting, the Senator from Utah (Mr. trust communities to decide for them- the previous order, there will now be 2 HATCH), would vote ‘‘yes.’’ selves what services should be offered

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6187 in their school-based clinics, based on The PRESIDING OFFICER. Is there a utes for explanation prior to a vote on their values and priorities. sufficient second? Harkin amendment No. 3699. The Sen- The PRESIDING OFFICER. When the There is a sufficient second. ator from Iowa is recognized for 1 conversations in the well have con- The question is on agreeing to table minute. cluded, we will be able to continue. the Helms amendment (No. 3697). The Mr. HARKIN. Mr. President, this is a The Senator from North Carolina is clerk will call the roll. simple amendment. It fully funds the recognized for 1 minute. The legislative clerk called the roll. Individuals With Disabilities Edu- Mr. HELMS. Mr. President, I thank Mr. NICKLES. I announce that the cation Act. As far as I know, this is the the Chair. Senator from Utah (Mr. HATCH) is nec- first time we in the Senate have had a I ask unanimous consent that it be in essarily absent. chance to vote directly on whether to I further announce that, if present order for me to make my remarks from take the action to fully fund IDEA. and voting, the Senator from Utah (Mr. my chair. I cannot say it any better than our The PRESIDING OFFICER. Without HATCH) would vote ‘‘no.’’ Mr. REID. I announce that the Sen- colleague from Vermont, Senator JEF- objection, it is so ordered. FORDS, said it Wednesday night: ator from California (Mrs. BOXER), the Mr. HELMS. I thank the Chair. Senator from Hawaii (Mr. INOUYE), the This body has gone on record in vote after Mr. President, a basic question—and Senator from Vermont (Mr. LEAHY), vote that we should fully fund IDEA. If we I think a significant one—pending with and the Senator from New York (Mr. can’t fully fund IDEA now with the budget this amendment is: Should the tax- surpluses and the economy we have, when MOYNIHAN) are necessarily absent. payers be required to pay for the con- will we do it? I do not believe anyone can ra- The result was announced—yeas 41, tionally argue that this is not the time to troversial ‘‘morning-after pill’’—which nays 54, as follows: is identified as an abortifacient—to be fulfill that promise. [Rollcall Vote No. 169 Leg.] distributed to schoolgirls on school I could not have said it any better. YEAS—41 property? The answer, Mr. President, is This is the first time I know of the absolutely not. Akaka Edwards Lincoln Senate has ever gone on record. This is Baucus Feingold Mikulski the vote to fully fund IDEA. We have But as CRS reported to me, federal Bayh Feinstein Murray law does, indeed, permit the ‘‘morning- Biden Graham Reid the surpluses. We have the money. after pill’’ to be distributed at school- Bingaman Harkin Robb Let’s meet our goal. Bryan Hollings Rockefeller The PRESIDING OFFICER. The Sen- health clinics. Byrd Jeffords Sarbanes ator from Pennsylvania. I urge my colleagues to prohibit Campbell Kennedy Schumer Chafee, L. Kerrey funds from the Labor, HHS, and Edu- Snowe Mr. SPECTER. Mr. President, the Cleland Kerry cation appropriations bill to be used to Specter education budget now is $4.5 billion Collins Landrieu Torricelli distribute the ‘‘morning-after pill’’ on Daschle Lautenberg over last year. We have increased IDEA school property. Dodd Levin Wellstone by $1.3 billion. Sometimes we talk The PRESIDING OFFICER. All time Durbin Lieberman Wyden about big spenders. Adding $8.75 billion has expired. Who seeks recognition in NAYS—54 is going to put a burden on the biggest opposition? The Senator from Iowa. Abraham Fitzgerald McCain spenders in this Chamber to support Mr. HARKIN. How much time re- Allard Frist McConnell this kind of an increase. I want to see mains? Ashcroft Gorton Murkowski a lot more funding in a lot more places, Bennett Gramm Nickles The PRESIDING OFFICER. One Bond Grams Reed including IDEA, but this is just over minute. Breaux Grassley Roberts the top. I say that with great respect Mr. HARKIN. Mr. President, let’s Brownback Gregg Roth for my esteemed colleague. make it clear. We are not talking Bunning Hagel Santorum Mr. President, I raise a point of order Burns Helms Sessions about an abortion bill. What we are Cochran Hutchinson Shelby under 302(f) of the Budget Act that this talking about is a contraceptive pill a Conrad Hutchison Smith (NH) amendment would exceed the sub- young woman would get, the morning Coverdell Inhofe Smith (OR) committee’s 302(b) allocation and is Craig Johnson Stevens after she may have been the victim of Crapo Kohl Thomas not in order. rape or incest. This amendment does DeWine Kyl Thompson Mr. HARKIN. Mr. President, I move not deal with RU–486, it clearly states Domenici Lott Thurmond to waive the applicable sections of that it is about denying contraceptive serv- Dorgan Lugar Voinovich act for the consideration of the pending Enzi Mack Warner ices, and it has no exception for young amendment, and I ask for the yeas and victims of rape or incest. NOT VOTING—5 nays. Right now, under existing law, some Boxer Inouye Moynihan The PRESIDING OFFICER. Is there a localities have chosen to provide mi- Hatch Leahy sufficient second? nors access to contraceptive pills The motion was rejected. There is a sufficient second. through community health centers and Mr. HELMS. Mr. President, I move to The question is on agreeing to the other programs that are based in the reconsider the vote. motion. The clerk will call the roll. school. The decision to provide school- Mr. SANTORUM. I move to lay that The assistant legislative clerk called based contraceptive services is a local motion on the table. the roll. The motion to lay on the table was decision under current law. A local de- Mr. NICKLES. I announce that the agreed to. cision. Not a federal one. But this Mr. SPECTER. Mr. President, on be- Senator from Utah (Mr. HATCH) is nec- amendment would change that. essarily absent. half of Senator HELMS, I ask unani- This amendment says if a young mous consent to vitiate the yeas and I further announce that if present woman has unprotected sex, or even if nays. and voting, the Senator from Utah (Mr. she is the victim of rape or incest, and The PRESIDING OFFICER. Without HATCH) would vote ‘‘no.’’ is panic stricken the next morning, she objection, it is so ordered. Mr. REID. I announce that the Sen- cannot take a contraceptive pill the The question is on agreeing to ator from California (Mrs. BOXER), the next morning, not knowing whether amendment No. 3697. Senator from Hawaii (Mr. INOUYE), the she is pregnant or not, in order to pre- The amendment (No. 3697) was agreed Senator from Vermont (Mr. LEAHY), vent a pregnancy from occurring. to. and the Senator from New York (Mr. That is what this is about. Mr. SANTORUM. Mr. President, I MOYNIHAN), are necessarily absent. And I want to reiterate that the move to reconsider the vote. The yeas and nays resulted—yeas 40, Helms amendment has no exception for Mr. GRAMM. I move to lay that mo- nays 55, as follows: the victims of rape or incest. tion on the table. [Rollcall Vote No. 170 Leg.] The PRESIDING OFFICER. The time The motion to lay on the table was YEAS—40 of the Senator is expired. agreed to. Akaka Bingaman Cleland Mr. SPECTER. I move to table the AMENDMENT NO. 3699 Baucus Breaux Collins amendment, and I ask for the yeas and The PRESIDING OFFICER. Under Bayh Bryan Daschle nays. the previous order, there will be 2 min- Biden Chafee, L. Dodd

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6188 CONGRESSIONAL RECORD — SENATE June 30, 2000 Dorgan Kerry Reid to benefit the homeless one of his high- fice of the Health Resources and Services Ad- Durbin Kohl Robb est priorities. I would also like to ex- ministration for the awarding of grants to Edwards Landrieu Rockefeller community partnerships in rural areas for Feinstein Lautenberg tend my thanks to Senators DOMENICI, Sarbanes the purchase of automated external Harkin Levin FEINSTEIN, MIKULSKI, SARBANES, JEF- Snowe defibrillators and the training of individuals Hollings Lieberman Torricelli FORDS, KENNEDY, BINGAMAN, Jeffords Lincoln in basic cardiac life support’’. Wellstone WELLSTONE, LINCOLN CHAFEE, DODD, Johnson Mikulski Wyden Ms. COLLINS. Mr. President, I am Kennedy Murray LEAHY, DURBIN, SNOWE, EDWARDS and pleased that the managers have accept- Kerrey Reed MOYNIHAN, all of whom cosigned a letter to appropriators which I and Sen- ed the amendment that I introduced NAYS—55 with my colleague from Wisconsin. I ator REED sent earlier this year calling Abraham Fitzgerald Murkowski thank the distinguished Chairman and Allard Frist for an increase in funding for mental Nickles Ranking Member of the Labor-HHS Ap- Ashcroft Gorton Roberts health and substance abuse treatment Bennett Graham Roth propriations Subcommittee for their Bond Gramm for the homeless. Santorum Like all Americans, homeless men assistance and support. Our amend- Brownback Grams Schumer ment will improve access to automated Bunning Grassley and women need decent shelter, but in Sessions external defibrillators, or AEDs, in Burns Gregg Shelby many cases, homeless people also need Byrd Hagel Smith (NH) rural areas, where they are sorely Campbell Helms treatment to address the underlying Smith (OR) needed to increase the chance that in- Cochran Hutchinson problem which has kept them on the Specter Conrad Hutchison dividuals in these communities who Stevens street. An estimated 25 percent to 40 Coverdell Inhofe percent of homeless people need pro- suffer cardiac arrest will survive. Join- Craig Kyl Thomas ing us in cosponsoring this amendment Crapo Lott Thompson grams to help them recover from drug are Senators JEFFORDS, BIDEN, ENZI, DeWine Lugar Thurmond and alcohol abuse illnesses. Despite the Domenici Mack Voinovich prevalence of these illnesses among our MURRAY, ABRAHAM, WELLSTONE, BINGA- Enzi McCain Warner MAN, ROBB, KERRY and REED. Feingold McConnell nation’s homeless, very limited funds are available to serve their specific Heart disease is the leading cause of NOT VOTING—5 treatment needs. death both in the State of Maine and Boxer Inouye Moynihan For a variety of reasons, addicted the United States. According to the Hatch Leahy homeless people often have difficulty American Heart Association, an esti- The PRESIDING OFFICER. On this accessing mainstream treatment serv- mated 250,000 Americans die each year vote, the yeas are 40, the nays are 55. ices. For example, many substance from cardiac arrest. Many of these Three-fifths of the Senators duly cho- abuse service providers are not deaths could be prevented if automated sen and sworn not having voted in the equipped to handle the complex social external defibrillators were more ac- affirmative, the motion is rejected. and health issues that homeless per- cessible. AEDs are computerized de- The point of order is sustained, and the sons present, and may reject them or vices that can shock a heart back into amendment falls. provide ineffective care. In addition, normal rhythm and restore life to a The Senate will be in order. the reality of life on the street may cardiac arrest victim. They must, how- Mr. SPECTER addressed the Chair. significantly complicate the receipt of ever, be used promptly. For every The PRESIDING OFFICER. The Sen- effective treatment. For example, minute that passes before a victim’s ator will be recognized when the well is homeless men and women may have normal heart rhythm is restored, his or cleared. difficulty in adhering to treatment her chance of survival falls by as much The Senator from Pennsylvania. schedules or may lack transportation as 10 percent. AMENDMENTS NOS. 3700 THROUGH 3731, EN BLOC to and from outpatient services. According to the American Heart As- Mr. SPECTER. Mr. President, I now Comprehensive programs which link sociation, making AEDs standard ask for the adoption of the managers’ treatment to other health, housing, so- equipment in police cars, fire trucks, package which has been cleared on cial and maintenance services often ambulances and other emergency vehi- both sides. provide the best opportunity for the cles and getting these devices into The PRESIDING OFFICER. The homeless to adhere to treatment pro- more public places could save more clerk will report. grams and ultimately achieve stability than 50,000 lives a year. Cities across The assistant legislative clerk read in their lives. The funding addressed in America have begun to recognize the as follows: my amendment will provide grants value of fast access to AEDs and are making them available to emergency The Senator from Pennsylvania [Mr. which will assist communities in pro- SPECTER], for himself and Mr. HARKIN, providing treatment services tailored to responders. In many small rural com- poses amendments numbered 3700 through best serve the needs of their own home- munities, however, limited budgets and 3731, en bloc. less population. the fact that so many rely on volunteer The amendments Nos. 3700 through I thank the Chairman of the Com- organizations for emergency services 3731, en bloc, are as follows: mittee, who has been tireless in his ef- can make acquisition and appropriate training in the use of these life-saving AMENDMENT NO. 3700 forts to increase substance abuse treatment services for all Americans in devices problematic. Our amendment (Purpose: To provide grants to develop and will increase access to AEDs and expand substance abuse services programs need, and who has been so receptive to for homeless individuals) this amendment and the needs of our trained local responders for smaller towns and rural areas in Maine and On page 34, on line 13, before the colon, in- Nation’s homeless men and women. sert the following: ‘‘, $10,000,000 shall be used Thank you, Mr. President. I yield the elsewhere where those first on the to provide grants to local non-profit private floor. scene may not be paramedics or others and public entities to enable such entities to AMENDMENT NO. 3701 who would normally have AEDs. develop and expand activities to provide sub- (Purpose: To provide funds for the Web-Based I am pleased to be joined by my col- stance abuse services to homeless individ- Education Commission) league from Wisconsin who has led this uals.’’. On Page 68, line 23 before the colon, insert effort to increase access to AEDs in Ms. COLLINS. Mr. President, I rise the following: ‘‘, of which $250,000 shall be for rural areas. today in support of the Collins-Reed the Web-Based Education Commission’’. Mr. FEINGOLD. Thank you. I would amendment to the Labor HHS Appro- like to commend my friend and col- priations bill which will increase the AMENDMENT NO. 3702 league from Maine for her leadership in availability of funds to provide sub- (Purpose: To provide funds for the purchase passing this amendment that will help stance abuse treatment services for our of automated external defibrillators and improve cardiac arrest survival rates the training of individuals in basic cardiac Nation’s homeless men and women. life support) across rural America by making AEDs I would like to extend my thanks to On page 24, line 1, strike ‘‘and’’. more accessible. Senator JACK REED who has joined as a On page 24, line 7, insert before the colon I recently visited DeForest, Wis- cosponsor of this amendment and who the following: ‘‘, and of which $4,000,000 shall consin, where the area’s citizens and has made increased funding for services be provided to the Rural Health Outreach Of- businesses recently finished a fund-

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6189 raising effort that resulted in the pur- prevent incorrect medication and adverse Department of Labor. We sought legis- chase of three new defibrillators. When drug reactions’’. latively what we had not been able to I visited with the DeForest police de- obtain in personal meetings and phone partment, they provided a real life ex- AMENDMENT NO. 3704 calls. Now, we are here again, on this ample of why we must increase the On page 50, line 20, after the dash insert same bill, asking for the same assist- availability of defibrillators: since they the following: ‘‘Except as provided by sub- ance. section (e)’’. were purchased just three months ago, On page 51, line 1 strike ‘‘December 15, For the past several years I have two people have been saved by these 2000’’ and insert in lieu thereof: ‘‘March 1, worked with several of our colleagues devices. 2001’’. to develop a comprehensive strategy to They helped show me that cardiac ar- On page 52, line 2, strike ‘‘2000’’ and insert improve the lives of our Nation’s farm- rest victims are in a race against time, in lieu thereof ‘‘2001’’. workers. and unfortunately, for those in many On page 52, after line 2, insert the fol- Almost everyone agrees that the sta- rural areas, Emergency Medical Serv- lowing new section tus quo is unacceptable. GAO estimates ‘‘(e) TERRITORIES.—None of the funds ap- that at least 50 percent of agricultural ices have simply too far to go to reach propriated by this Act may be used to with- people in need, and time runs out for hold substance abuse funding pursuant to workers in the United States do not victims of cardiac arrest. It is simply section 1926 from a territory that receives have documented status. This is a con- not possible to have EMS units next to less than $1,000,000.’’ servative estimate since these are every farm and small town across the workers who have admitted their ille- nation. This amendment will begin to AMENDMENT NO. 3705 gal status, the actual number without address this problem. (Purpose: To provide for the conduct of a work authorization is likely much Just so my colleagues are aware, I study and report on unreimbursed health higher. would like to ask my friend from care provided to foreign nationals) I respect the fact that the Depart- Maine to describe how these grants will On page 54, between lines 10 and 11, insert ment of Labor has concerns about our be made. the following: bipartisan legislation. What we have Ms. COLLINS. These grants will be SEC. . (a) STUDY.—The Secretary of asked, year after year, is that they im- awarded on a competitive basis by the Health and Human Services shall conduct a prove it, modify it, or offer their own study to examine— Health Resources and Services Admin- (1) the experiences of hospitals in the alternate comprehensive plan. istration to community partnerships in United States in obtaining reimbursement I commend the work that the Depart- rural areas that are composed of local from foreign health insurance companies ment has done up to this point to re- emergency response entities, such as whose enrollees receive medical treatment in spond to us, but I urge Secretary Her- community training facilities, local the United States; man to finish work on this proposal emergency responders, fire and rescue (2) the identity of the foreign health insur- and submit it to Congress at the ear- departments, police, community hos- ance companies that do not cooperate with liest possible opportunity. The legisla- pitals, and local non-profit entities and or reimburse (in whole or in part) United tive calendar is short this year, and we States health care providers for medical have no time to waste. for-profit entities concerned about car- services rendered in the United States to en- diac arrest survival rates. Our amend- rollees who are foreign nationals; Mr. WYDEN. Mr. President, in Octo- ment will provide $4 million through (3) the amount of unreimbursed services ber, 1999, I came to the Senate floor to the Health Resources and Services Ad- that hospitals in the United States provide speak about an important amendment ministration for the awarding of grants to foreign nationals described in paragraph to the Labor, Health and Human Serv- to community partnerships in rural (2); and ices Appropriations Bill for Fiscal Year areas to purchase automated external (4) solutions to the problems identified in 2000 concerning farm workers. I have defibrillators and to train individuals the study. worked on this issue for over three (b) REPORT.—Not later than March 31, 2001, years. I worked with my friend, Sen- in basic cardiac life support. These the Secretary of Health and Human Services rural partnerships will also be required shall prepare and submit to the Committee ator SMITH of Oregon, as well as my to evaluate the local community emer- on Health, Education, Labor, and Pensions of colleague Senator GRAHAM of Florida, gency response times to assess whether the Senate, and the Committee on Appro- to have our bipartisan amendment they meet the standards established by priations, a report concerning the results of adopted by the managers of the bill, national public health organizations the study conducted under subsection (a), in- Senator SPECTER and Senator HARKIN. such as the American Heart Associa- cluding the recommendations described in I come to the floor today as the Sen- tion and the American Red Cross. They paragraph (4) of such subsection. ate completes debate on the Labor, must also submit to the Secretary of Mr. GRAHAM. Mr. President, last Health and Human Services appropria- Health and Human Services an applica- year, on October 7, during the consider- tions bill for fiscal year 2001 to again tion at such time, in such manner, and ation of the FY 2000 Labor-HHS-Edu- ask the administration to get serious containing such information as the cation Appropriations bill, Senators about addressing the very real prob- Secretary may require. I would like to RON WYDEN, GORDON SMITH and I of- lems in the current farm worker sys- ask my colleague from Wisconsin if he fered an amendment which was accept- tem. would like to add any additional com- ed as part of the legislation that The amendment that was adopted ments. passed. into last year’s Labor HHS appropria- Mr. FEINGOLD. Thank you. I would It directed the Department of Labor tions bill required the Department of also like to stress that these grants are to send to Congress its suggestions, or Labor to report to Congress with plans intended for community partnerships a plan, to improve the day-to-day lives to improve compensation, working con- in rural areas, as determined by the of farmworkers. ditions, and other benefits for farm Secretary of Health and Human Serv- We are here again. The Labor-HHS workers in the United States. The ices. This amendment has been en- Appropriations bill is being debated, adopted amendment became report lan- dorsed by both the American Heart As- and we are still awaiting answers to guage in the Labor HHS Conference Re- sociation and the American Red Cross concerns raised in the last debate. port directing the Department of Labor as a means of expanding access to these In fairness, I should mention that the to deliver the administration’s farm lifesaving devices across rural Amer- Secretary of Labor has indicated that worker plan to Congress as soon as pos- ica, and I join my colleague from this report is underway and that we sible. Maine in thanking the managers of the can expect it later this year. But yet It is almost ten months since that di- bill for their cooperation and support. another year has slipped by without rective was adopted by the entire Con- AMENDMENT NO. 3703 the Administration designing a plan to gress—and almost three years since I (Purpose: To support medication improve the lives of those who do so was first promised by Secretary of management for seniors) much to provide for us. Labor Herman that such a plan was On page 43, line 9, before the colon, insert The purpose of our amendment and being devised—and still the adminis- the following: ‘‘, of which $5,000,000 shall be speech last year was to outline the tration has delivered no plan. As we available for activities regarding medication three previous years of frustration in enter the busiest time of the year for management, screening, and education to our efforts to secure this plan from the American farms, once again I am

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6190 CONGRESSIONAL RECORD — SENATE June 30, 2000 forced to point out the ineptitude of have been kept waiting for more than earn less than a third of what their the Administration in dealing with this three years to see the administration’s peers with a college degress earn. critical issue. proposal. High school completion rates remain The General Accounting Office com- By its inaction, the Administration distressingly low in many locales pleted a report in 1997 on the farm is perpetuating a system that is a dis- around the country—over 3,000 young worker situation in our country. They aster for both the farm-worker and the people drop out of our high schools and said there are enough farm workers. farmer. It is a system that is totally middle schools each school day. Not But they came to that conclusion only broken—a system that has condemned surprisingly, the problem is dispropor- by counting illegal farm workers. the vast majority of farm workers to tionately great along racial, ethnic and Today’s agricultural labor program is some of the most terrible and immoral socioeconomic lines; Hispanic youth a disaster for both farm workers and conditions imaginable. It is a system for instance, are nearly three times farmers. Estimates are that well over that has made it impossible for farmers more likely to drop out than their half of the farm workers in this coun- who want to do the right thing. white classmates, and African Amer- try are here illegally. They are smug- Our bipartisan effort was not a good ican students are still dropping out at gled into the United States by people enough solution for the administra- a rate higher than their white peers as called ‘‘coyotes.’’ Because they are tion. Well, the administration’s inac- well. As The Hispanic Dropout Project here illegally, these farm workers have tion is not a good enough solution for found, widespread misunderstandings no power—they cannot vote. The ille- me. of the underlying causes of dropouts, gal, but much needed, farm worker is All of us—farm workers and growers, combined with a lack of familiarity often subjected to the worst possible Senators GRAHAM, SMITH, and I—con- with effective programs, has prevented living and working conditions imag- tinue to wait. It is time for the admin- increased school completion for some inable. This situation is nothing short istration to get off the sidelines. They groups. of immoral. should do what they promised to do It is my hope that when ESEA is re- At the same time, the growers, who well over two years ago and what we, authorized, we will be able to further need a dependable supply of workers to as Congress, required them to do over extend the critical support that is pick our crops, are also in a completely 10 months ago. needed to help our at-risk students untenable situation. Senator SMITH AMENDMENT NO. 3706 complete high school with the skills and I represent Oregon farmers who lit- (Purpose: To ensure that those students at necessary for the workplace or contin- erally have no where to turn to find risk of dropping out of school receive ap- ued education. In the meantime, this legal farm workers. The current situa- propriate attention and to ensure that all commitment to funding is an impor- tion turns those farmers who want to students are given the support necessary tant step towards ensuring that all stu- to graduate from high school) do the right thing into people who have dents who are at risk of dropping out of to make a Hobbesian choice: do they On Page 59, line 12, before the period insert the following: ‘‘: Provided further, That of the school receive the appropriate atten- become felons by hiring illegal farm amount made available under this heading tion and support they need to further workers or do they go bankrupt. for activities carried out through the Fund their learning and graduate from high It bears repeating: Well over half of for the Improvement of Education under part school. I thank my colleagues for the farm workers in the United States A of title X, $10,000,000 shall be made avail- working with me on this important ef- are illegal immigrants. able to enable the Secretary of Education to fort. Oregon farmers have told me that in award grants to develop and implement Mr. REID. Mr. President, those who meetings, with the Immigration and school dropout prevention programs.’’. drop out of high school are at a greater Naturalization Service and the Depart- Mr. BINGAMAN. Mr. President, I risk of being unemployed or holding a ment of Justice, the Administration want to take a moment to thank Sen- position with no career advancement has admitted that they know farmers ators SPECTER and HARKIN for agreeing opportunities. These individuals also must become felons by hiring illegal to include my amendment dedicating earn less, are more likely to be poverty workers. It is deplorable that farmers $10,000,000 from the Fund for the Im- stricken, and received public assist- are greeted by the Administration with provement of Education to support ance. winks and nods—not a legal farm work- proven dropout prevention programs in To address the dropout problem, the er system. the managers’ package. As my col- Department of Education administers In 1998, in the second session of the leagues know, I filed an amendment on 11 programs. These programs resulted 105th Congress, Senator GRAHAM, Sen- behalf of myself and Senators REID, in a downward trend in the national ator SMITH, and I put together a bipar- COLLINS, and DEWINE seeking $20 mil- dropout rate. Nonetheless, we have tisan proposal to change this wholly lion for this purpose. While both of what we could call the ‘‘dropout di- unacceptable system. We tried to cre- these amounts fall short of the vide’’—dropout rates in 1998 were high- ate a new system for dealing with agri- $150,000,000 level authorized in an er for Hispanic (9.4%) than blacks cultural labor that would be in the in- amendment passed by the Health, Edu- (5.2%) and whites (3.9%). terest of both the farm worker and the cation, Labor, and Pensions Committee This holds true in Nevada, where His- farmer. Under our bill, workers who to the ending ESEA reauthorization panic students dropped out of school at were legal would get a significant in- bill, this $10,000,000 is an important a higher rate than other racial/ethnic crease in their benefits and farmers first step in supporting local efforts to groups. In the 1996–97 school year, the would be assured a consistent, legal develop, implement, and disseminate Hispanic dropout rate is 15.7 percent work force. effective dropout prevention programs. while White and Asian/Pacific Islander But after 67 Senators passed our bill, It is my hope that in future years we students had the lowest dropout rates the administration refused to work will be able to grow the funds for this at 8.3% each. with us to hammer out badly needed crucial effort in order to ensure that It is unacceptable that we allow stu- H2A reform legislation. all schools with high dropout rates dents—of any race—to dropout. In our At that point, Senators GRAHAM, have the resources and information new high-tech economy, education is SMITH, and I started alternatively that they need to curb the high inci- more important than ever. It is the key waiting for and asking for the Adminis- dence of students dropping out of to a happy and secure future, and we tration to produce their plan for a new school. must work harder to make sure that agricultural worker system that would Today, the lack of a high school edu- our children don’t lose this valuable address the legitimate concerns of both cation is a greater barrier than ever to chance to get an education. We must farm workers and farmers. employment, income, and advancement convince them to stay in school. In the spirit of comity and a desire to opportunities; though we frequently For Nevada, the latest numbers show reach agreement with the executive talk about how strong the economy is that 17 percent of our school students branch, we have been waiting to see in the United States, we simply cannot will drop out before they get their de- the Administration’s plan. Mr. Presi- overlook the fact that there are mil- grees. Almost one in five students in dent, to date, after meetings, phone lions of working Americans who have the 12th grade (19.4%) dropped out of calls and congressional directives, we never finished high school, and they school during the 1996–97 school year,

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6191 compared with a dropout rate for 9th the worst chronic health problem can-Americans is more than twice as grade students of 3.5 percent. plaguing this nation’s children. Among high as it is for other segments of the As a member of the HELP Com- those four years old, it has mush- population. Nationwide, the childhood mittee, Senator BINGAMAN has been a roomed by 160 percent over the last 2 asthma-related death rate in 1993, was strong advocate for dropout prevention decades. 3 to 4 times higher for African-Ameri- programs and funding. I am pleased Asthma affects nearly 15 million cans compared to Caucasian Ameri- that the Bingaman/Reid amendment— Americans. That figure includes more cans. The hospitalization rate for asth- adding $10 million of funding for drop- than 700,000 Illinoisans, of whom 213,000 ma is almost three times as high out program grants—was accepted. are children under the age of 18. Chi- among African-American children Our role is to provide needed re- cago has the dubious distinction of under the age of 5 compared to their sources to carry out innovate programs having the second highest rate of child- white counterparts. Illinois has the tailored to the specific circumstances hood asthma in the country. According highest asthma related deaths in the encountered. This money goes to states to a study published by the Annals of country for African-American men. and local school districts, in grants, to Allergy, Asthma & Immunology, of The increased disparity between death finance new dropout prevention pro- inner-city school children in Chicago, rates compared to prevalence rates has grams. researchers found that the prevalence been partially explained by decreased Dropout prevention programs must of diagnosed asthma was 10.8 percent, access to health care services for mi- remain a priority for educators, par- or twice the 5.8 percent the federal nority children. ents, and policymakers. All students Centers for Disease Control and Pre- However, even though asthma rates deserve an opportunity to receive a vention estimates in that age group na- are particularly high for children in quality and complete education. tionally. The study also found that poverty, they are also rising substan- AMENDMENT NO. 3707 most of the children with diagnosed tially for suburban children. Overall (Purpose: To revise the purpose of the Na- asthma were receiving medical care, the rates are increasing for all groups. tional Institute of Child Health and Human but it may not be consistent with what Everyone of us knows a child whether Development relating to gynecologic asthma care guidelines recommend. our own, a relatives’ or a friends’ who health) If rates continue unchecked, a child suffers from asthma. At the appropriate place, insert the fol- born a generation from now will be In an effort to stem the tide of this lowing: twice as likely to develop asthma as a epidemic, Senator DEWINE and I along NATIONAL INSTITUTE OF CHILD HEALTH AND child born today. By the end of this with 23 other Senators submitted a re- HUMAN DEVELOPMENT decade, if no action is taken to reverse quest to the Labor HHS appropriators SEC. . Section 448 of the Public Health this trend and it continues at its cur- to ask for $50 million for childhood Service Act (42 U.S.C. 285g) is amended by in- rent pace, the PEW Commission cal- asthma programs at CDC. One fifth of serting ‘‘gynecologic health,’’ after ‘‘with re- culates that 22 million Americans will the money would be available for im- spect to’’. suffer from asthma—eight million proved tracking and surveillance ef- AMENDMENT NO. 3708 more than at present. That’s one in 14 forts for asthma, as suggested by the (Purpose: To increase funding for children’s Americans and one in every five fami- PEW commission for environmental asthma programs administered by the Cen- lies forced to live with the disease. By health. Currently, the bill does men- ters for Disease Control and Prevention) 2020, the Commission estimates that tion a specific allocation for asthma. On page 26, line 25, before ‘‘of which’’ in- the number could increase to 29 mil- The amendment, which has been sert the following: ‘‘of which $20,000,000 shall lion—more than twice the current agreed to, provides $20 million for state be made available to carry out children’s number. and community-based organizations to asthma programs and $4,000,000 of such These figures are staggering. At the support asthma screening, treatment, $20,000,000 shall be utilized to carry out im- current rate of growth, that means education and prevention programs and proved asthma surveillance and tracking that the number of asthma cases in for a new surveillance and tracking systems and the remainder shall be used to 2020 will exceed the projected popu- system as called for recently by the carry out diverse community-based childhood asthma programs including both lation of New York and New Jersey PEW Environmental Health Commis- school- and community-based grant pro- combined. If by chance all asthma suf- sion in their report ‘‘Attack Asthma.’’ grams, except that not to exceed 5 percent of fers lived in one state, it would be the Again, one fifth of the amount, in this such funds may be used by the Centers for second most populous in the country. case $4 million would be available for Disease Control and Prevention for adminis- Put another way, if all those with asth- new surveillance and tracking. trative costs or reprogramming, and’’. ma stood side by side, they would The amendment also states that Mr. DURBIN. Mr. President, I rise stretch the distance between LA, Cali- these community funds may be used by today today with my colleagues, Sen- fornia and Washington DC, over four both health and school-based services. ators DEWINE, FITZGERALD, KERRY, times. Many school districts, including the BINGAMAN, SCHUMER and ABRAHAM to If general rates of asthma are high Chicago Public Schools are involved in offer this critical amendment to in- and getting higher, the rates are even screening children for asthma and for crease funding for childhood asthma worse for society’s most vulnerable. seeing to it that they get treatment programs at the Centers for Disease Asthma disproportionately attacks and management to deal with their Control and Prevention. them. A recent New York Times article asthma. CDC should see to it that For the next 15 minutes imagine described a study in the Brooklyn area these new funds are used to coordinate breathing through a tiny straw the size where it was found that an astounding local efforts and to link both school of a coffee stirrer, never getting 38 percent of homeless children suffer based and health facility based asthma enough air. Now imagine suffering from asthma. Some of the factors programs. With additional resources, through the process three to six times known to contribute to asthma such as CDC should diversify the types of pro- a day. This is asthma. poor living circumstances, exposure to grams that they fund, so that evalua- ‘‘America is in the middle of an asth- cockroach feces, stress, exposure to tions can be done to measure the effec- ma epidemic—an epidemic that is get- dampness and mold are all experienced tiveness of these different programs. ting worse, not better.’’ So says the by homeless children. They are also ex- Furthermore, programs need to be tai- PEW environmental Health Commis- perienced by children living in poor lored to the individual needs of local- sion in its most recent report on asth- housing or exposed to urban violence. ities with coordination of local services ma. There are other factors such as expo- and local efforts to combat childhood The prevalence of asthma continues sure to second hand smoke and smog asthma. to rise at astounding rates—every re- that also exacerbate or trigger asthma The amendment also includes a region of the country and across all de- attacks. striction on the amount that CDC may mographic groups, whether measured Not only is asthma itself on the rise use for administration or reprogram- by age, race or sex. In America today, but it is becoming more deadly. For ming including the 1 percent Public no chronic disease is increasing faster minorities, asthma is particularly Health Service evaluation. Both Sen- than asthma. And asthma is considered deadly. The asthma death rate for Afri- ator DEWINE and I believe that asthma

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6192 CONGRESSIONAL RECORD — SENATE June 30, 2000 should be a high priority for CDC and when we spend money on developing I am delighted that my colleague that CDC should not seek to reprogram such guidelines that they actually get Senator SPECTER has agreed to accept this money or use it for other purposes. out of communities so that they can this amendment to nearly double the Last year, CDC chose to disproportion- take advantage of this research. funding level for this important public ately allocate rescissions to the asth- CDC has been working in collabora- health effort. I hope that he will work ma program. We strongly object to tion with NIH to make sure that health with me in conference to increase this that decision. At a time of an asthma professionals and others get the most level of funding to as close as possible epidemic, we believe that this program up to date information. My amendment to the $50 million originally requested should be protected from such cuts. could further help this effort by pro- by myself and 23 of my Senate col- Therefore, this year we have included viding grantees with this information. leagues. Again I thank my colleagues language that states that only 5 per- One interesting new model that ap- SPECTER and HARKIN for recognizing cent of the total amount allocated for pears to work is the ‘‘breathmobile’ the importance of this issue to the na- childhood asthma programs may be program in Los Angeles that was start- tion’s children. ed 2 years ago. This program provides a used for administration, evaluations, AMENDMENT NO. 3709 or other activities. van that is equipped with medical per- (Purpose: To increase funding for the Centers Let me tell you why we need this sonnel, asthma education materials, for Disease Control and Prevention to pro- money. Despite the best efforts of the and asthma treatment supplies. It goes vide for the adequate funding of State and health community, childhood asthma out to areas that are known to have a local immunization infrastructure and op- is becoming more common, more dead- high incidence of childhood asthma and erations activities) ly and more expensive and the effects screens children in those areas. Chil- On page 54, between lines 10 and 11, insert of asthma on society are widespread. dren are also enrolled in the Children’s the following: SEC. lll. In addition to amounts other- Most children who have asthma de- Health Program if they are income eligible. We have all heard of how slow wise appropriated under this title for the velop it in their first year, but it often Centers for Disease Control and Prevention, goes undiagnosed. Many of you may be enrollment in the children’s health $37,500,000, to be utilized to provide grants to surprised to learn that asthma is the program has been and anything that we States and political subdivisions of States single most common reason for school can do to speed enrollment up, I think under section 317 of the Public Health Serv- absenteeism. Parents miss work while it vitally important. This ice Act to enable such States and political caring for children with asthma. Be- ‘‘Breathmobile’’ program has reduced subdivisions to carry out immunization in- yond those missed days at school and trips to the emergency room by 17 per- frastructure and operations activities: Pro- vided, That of the total amount made avail- parents missing work, there is the huge cent in the first year of operation. I hope that we can be as successful in Il- able in this Act for infrastructure funding emotional stress suffered by asthmatic for the Centers for Disease Control and Pre- children. It is a very frightening event linois and other parts of the country. In Illinois, the Mobile CARE Founda- vention, not less than 10 percent shall be for a small child to be unable to used for immunization projects in areas with tion is setting up a program in Chicago breathe. A recent US News article low or declining immunization rates or areas based on the Los Angeles initiative. In quoted an 8-yr old Virginian farm girl, that are particularly susceptible to disease addition, the American Association of Madison Benner who described her ex- outbreaks, and not more than 14 percent Chest Physicians has joined with other perience with asthma. She said ‘‘It shall be used to carry out the incentive groups to form the Chicago Asthma bonus program: Provided, That amounts feels like something was standing on Consortium to provide asthma screen- made available under this Act for the admin- my chest when I have an asthma ating and treatment. Efforts like these istrative and related expenses of the Depart- tack.’’ This little girl had drawn a pic- need our amendment. ment of Health and Human Services, the De- ture of a floppy-eared, big footed ele- In West Virginia, a Medicaid ‘‘disease partment of Labor, and the Department of phant crushing a frowning girl into her management’’ program which seeks to Education shall be further reduced on a pro rata basis by $37,500,000. bed. coordinate children with asthma’s care In many urban centers, over 60 per- so that they get the very best care has Mr. DURBIN. Mr. President, I rise cent of childhood admissions to the been found to be very cost effective. It today to offer an amendment regarding emergency room are for asthma. There has reduced trips to the emergency childhood immunization. Remarkable are 1.8 million emergency room visits room by 30 percent. advances in the science of vaccine de- each year for asthma. Yet the emer- This Childhood Asthma Amendment velopment and widespread immuniza- gency room is hardly a place where a would expand these programs to help tion efforts have led to a substantial child and the child’s parents can be ensure that no child goes undiagnosed reduction in the incidence of infectious educated in managing their asthma. and every asthmatic child gets the disease. Today, as you know, national During a recent visit to Children’s treatment he or she needs. vaccination coverage is at record high Memorial Hospital in Chicago, I met a Last year, an additional $10 million levels. Smallpox has been eradicated; wonderful little boy whose life is a was dedicated to start this program for polio has been eliminated from the daily fight against asthma. He told me a total of $11.3 million. CDC will be Western Hemisphere; and cases of mea- he can’t always participate in gym putting out a request for proposals this sles have been reduced to record lows. class or even join his friends on the summer. The $20 million agreed to here Still, the job is not done and it is im- playground. Fortunately, Nicholas is today is a good start and I hope that portant that we remain vigilant. Every receiving the medical attention nec- we will be able to do better by increas- day, nearly 11,000 infants are born and essary to manage his asthma. Yet for ing it to $50 million in conference. This each baby will need up to 22 doses of millions of children, this is not the $50 million level of funding is sup- vaccine by age two. New vaccines con- case. Their asthma goes undiagnosed ported by the American Lung Associa- tinue to enter the market. And al- and untreated, making trips to the tion, the Asthma and Allergy Founda- though a significant proportion of the emergency room as common as trips to tion, Mothers of Asthmatics, the Na- general population may be fully immu- the grocery store. tional Association for Children’s Hos- nized at a given time, coverage rates in However, we do have treatments that pitals and Research Institutions, the the United States are uneven and life- work for most people. Early diagnosis, Academy of Pediatrics, the Asthma threatening disease outbreaks do treatment and management are key to and Allergy Foundation of America occur. In fact, recent data from the preventing serious illness and death. and others who support children’s CDC indicate that coverage rates may The National Institutes of Health is health. be leveling off and that in many areas home to the National Asthma Edu- No child should die from asthma. We of the country, including Chicago, cation and Prevention board. This is a need to make sure that people under- Houston, Delaware, North Dakota, large group of experts from all across stand the signs of asthma and that all South Dakota and New Mexico, they the fields involved in health care and asthmatic children have access to are actually declining. asthma. They have developed guide- treatment and information on how to At the same time, funding to states lines on both treating asthma and edu- lessen their exposure to things that and localities for immunization deliv- cating children and their parents in trigger asthma attacks. Funding for ery activities has also been dramati- prevention. It is very important that this program is critical. cally reduced over the past five years.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6193 States are now struggling to maintain level of funding, including Research. Senate report language has included a immunization rates and have imple- America, the American Academy of Pe- formula to reward areas that achieved mented severe cuts to immunization diatrics, the March of Dimes, the Chil- high coverage levels and set aside $33 activities. Many have already reduced dren’s Defense Fund, the Association of million out of the state infrastructure clinic hours, canceled contracts with State and Territorial Health Officials, money to pay for this incentive. When providers, suspended registry develop- Every Child by Two, and many others. this was first put in place in 1994, this ment and implementation, limited out- I intend to work with my colleagues amount represented approximately 14 reach efforts and discontinued perform- on the Committee and in the Senate to percent of all grant funding available. ance monitoring. increase this funding level by an addi- Now, because the total funding has de- Last week, the Institute of Medicine tional $37.5 million in FY 2002 in order creased, the percentage is equal to issued a landmark report on the state to reach the level recommended by the about 25 percent of the total. Because of our Nation’s immunization infra- IOM. the overall base funding has decreased structure. This report confirmed that The 317 immunization grant program (from $271 million in FY95 to $139 mil- the situation requires immediate at- to states and localities for ‘‘infrastruc- lion), the incentive allocation is eating tention. The IOM in its report stated: ture and operations’’ is the sole source up a greater share of total infrastruc- The combination of new challenges and re- of Federal support for many critical ac- ture funding pulling money away from duced resources has led to instability in the tivities, including: immunization reg- project areas that have lower immuni- public health infrastructure that supports istries; outreach efforts to educate par- zation rates. In addition, because im- the U.S. immunization system. Many states ents about the value and importance of munization rates have gone up, nearly have reduced the scale of their immunization vaccines as well as the risks and pos- every state gets some incentive programs and currently lack adequate sible side effects; training and edu- money—but it is no longer considered strength in areas such as data collection cation of providers to ensure timely an ‘‘incentive’’ by the states. Rather, among at-risk populations, strategic plan- states use the money to offset recent ning, program coordination, and assessment vaccinations and keep them updated of immunization status in communities that about the routine schedule including decreases in 317 federal grant funding. are served by multiple health care providers. changes resulting from the addition of As a result, this ‘‘incentive’’ that has If unmet immunization needs are not identi- new vaccines; outbreak control and historically been included in the Sen- fied and addressed, states will have difficulty monitoring and investigating disease ate Appropriations report is no longer in achieving the national goal of 90 percent occurrence; identifying under immu- achieving its intended effect. Quite coverage by year 2010 for completion of nized children and development of simply, the advantage of awarding childhood vaccination series for young chil- strategies to overcome barriers to vac- funds as incentives, rewarding success- dren. Furthermore, state and national cov- ful immunization programs, has de- erage rates, which reached record levels for cination; linking immunization activi- vaccines in widespread use (79 percent in ties with other public health services creased as total funding has decreased. 1998), can be expected to decline and prevent- such as the WIC program; and evalua- Those grantees with the lowest cov- able disease outbreaks may occur as a result, tions of immunization strategies to de- erage levels and most in need are re- particularly among persons who are vulner- termine what works. ceiving less funding than those who able to vaccine-preventable disease because While overall funding to the Centers have already achieved high coverage of their undervaccination status. for Disease Control’s immunization levels. The amendment I am offering today program has actually seen slight in- To address this issue, this amend- with my colleagues Senator KAY BAI- creases, the grant program to States ment would limit the percentage of LEY HUTCHISON, Senator JACK REED, and localities has dramatically de- total funding that can be used for in- Senator PATTY MURRAY, and Senator clined over the past 5 years. Actual ap- centive money to the percentage it rep- JOHN KERRY addresses the rec- propriations levels have gone from $271 resented when it was first imple- ommendations of the IOM and responds million in FY1995 to $208 million in FY mented. No state will experience a re- to the issues raised by state and local 96 to $139 million in FY2000. But the duction in funds. immunization program administrators story is even worse. The measles out- I also want to note that the House who are struggling to reach under- break of the late 1980’s and early 1990’s Labor-HHS-Education Appropriations served children. The provision does prompted Congress to give states hefty report included language, which I three things: First, it provides a $37.5 funding increases. Unfortunately, the strongly support, asking the CDC to re- million increase in immunization grant states were not immediately prepared port back to Congress regarding the funding to state and local programs for for the influx of funds. Money was utility of this incentive program and immunization infrastructure activities ‘‘carried over’’ from one year to the recommending a mechanism to phase in FY 2001, bringing the total funding next as they worked through barriers it out if it is not found to be achieving its intended purpose. It is my hope that for infrastructure up from $139 million such as computer acquisitions, legisla- the Senate will agree to this language to $176.5 million. Second, it limits to 14 tive approvals and hiring freezes. This in conference. percent the amount of the total that carryover has compensated for the dra- The amendment also targets 10 per- can be spent for incentive grants to matic reductions in funding that fol- cent of total infrastructure funding to states. Third, it targets 10 percent of lowed. Now there is no more carryover areas of the country with low or declin- the total infrastructure funding to money to pick up the slack. So while ing immunization rates. Even with sig- areas with low or declining immuniza- actual appropriations have declined by nificant gains in national immunization rates and areas susceptible to out- about $68 million since 1996, states are tion rates, subpopulations of under- breaks. experiencing reductions of 50 percent immunized children still exist. Rates While $37.5 million is a good start, or more in the same time period. As a in many of the Nation’s urban areas, additional funding is needed. The IOM result, states are struggling to main- including Chicago and Houston, are un- recommends a $75 million increase in tain immunization rates and have im- acceptably low and getting lower. the annual federal share of funding to plemented severe cuts to immunization These pockets of need create pools of states for immunization programs. activities. Many have already reduced susceptible children and increase the This number was derived from 3 cal- clinic hours, canceled contracts with risk of dangerous disease outbreaks. culations: (1) annual state expenditure providers, suspended registry develop- The IOM report highlights the fact levels during the mid-1990’s; (2) the ment and implementation, limited out- that disparities in levels of immuniza- level of spending necessary to provide reach efforts and discontinued perform- tion coverage still exist. National sur- additional resources to states with ance monitoring. An increase of $75 veys reveal a gap of 9 percentage points high levels of need without reducing million will barely get states back up between children above and below the current award levels for each state; and to the funding levels they were experi- federal poverty level. Targeting just 10 (3) additional infrastructure require- encing in 1998. percent of the total amount, as IOM ments associated with adjusting to an- The amendment also limits the recommends, will help CDC respond to ticipated changes and increased com- amount that can be allocated for incen- unexpected outbreaks, gaps in immuni- plexity in the immunization schedule. tive grants to 14 percent of the total zation coverage, or other exceptional Dozens of organizations support this infrastructure funding. Historically, circumstances within the states.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6194 CONGRESSIONAL RECORD — SENATE June 30, 2000 I urge my colleagues to support this diseases such as smallpox, polio, diph- $13.50 in indirect societal costs, such as amendment. It will provide additional theria and measles. lost work time, disability and death. funds to every single state. No state The CDC Section 317 program has While great progress has been made loses money. In this day and age, it is been an integral part of our national in boosting immunization coverage na- simply not acceptable that more than immunization initiative. The Section tionally, we are at a point where it will one million children have not been ade- 317 program can be broken down into require additional resources in order to quately vaccinated. Vaccines are one of two main categories—(1) vaccine pur- reach those remaining children who the most cost-effective tools we have chase and (2) infrastructure to facili- have not been immunized. In other in preventing disease. For every dollar tate the delivery and monitoring of words, reaching these remaining un- spent on vaccines, society saves up to vaccines. The Section 317 program is immunized and under-immunized chil- $24 in medical and societal costs. Con- the only source of critical federal fund- dren in ‘pockets of need’ areas, will re- trolling vaccine-preventable disease ing to support the infrastructure nec- quire more effort and more resources. has been one of the most significant essary to administer immunizations to Another significant problem outlined public health accomplishments of the children in communities throughout in the IOM report is the, ‘‘The repet- 20th Century. But current success does the country. itive ebb and flow cycles in the dis- not guarantee future success. And A little over a week ago, the Insti- tribution of public resources for immu- there is still much work to be done. tute of Medicine released their report nization programs . . .’’ Federal fund- Mr. REED. Mr. President, I am on immunization finance policies and ing for the immunization program has pleased to join my colleague Senator practices. This report was conducted at been volatile, particularly over the DURBIN on an amendment to restore the request of the Senate Appropria- past decade. funding to one of our most accom- tions Committee and more specifically To give my colleagues some back- plished public health initiatives, our by our colleague Senator Dale Bump- ground, the federal government began national immunization program. ers, a long-time champion of the im- to pay greater attention to the need to The purpose of the amendment is munization program. support and strengthen our immuniza- quite simple—it seeks to strengthen This landmark report offers us many tion program after a measles outbreak and enhance the operations and infra- important insights into the complex struck several parts of the U.S. in 1989– structure grants administered by the federal-state-local partnership that 1990. Following the epidemic, the CDC Centers for Disease Control and Pre- makes up our national immunization launched a national initiative designed vention’s Section 317 immunization initiative. The report found that al- to strengthen state immunization pro- program. though average immunization coverage grams and provide resources for a These monies fund a variety of essen- levels are at record highs, several prob- broad array of direct services and out- tial programs and services within the lems continue to plague the program, reach. The goal of this effort was to immunization program for children, in- while even greater challenges lie strengthen and enhance our capacity cluding outreach efforts to educate ahead. The issues threaten the great to monitor immunization levels and parents about the immunization sched- success we have achieved in essentially improve our ability to respond to dis- ule, training and education of providers eradicating deadly and debilitating disease outbreaks. about new vaccines and outbreak con- eases that were prevalent in this coun- During that period, federal funding trol when cases of infectious diseases try a relatively short time ago. Many for infrastructure grants increased arise. The CDC’s operation and infra- of these same diseases continue to seven-fold from a total of $37 million in structure grants also support vital ini- strike children in developing nations 1990 to $271 million in 1995. However, tiatives to identify under-immunized throughout the world. states were not immediately prepared children, provide resources necessary According to the IOM report, one of for the dramatic funding increases and to implement and maintain state-based the greatest challenges currently fac- the expansion of immunization deliv- immunization registries and allow the ing our immunization program is the ery systems at the state level took state immunization program to forge persistent disparities in coverage that time. As a result, funds were ‘‘carried linkages with other public health serv- exist among and within states, as well over’’ from one year to the next as ices, such as WIC and Head Start, since as within major cities. states prepared to make the capital in- these places are often points of entry The 1998 National Immunization Sur- vestments necessary to strengthen for low-income children who may lack vey (NIS) found a gap of between 7 and critical areas of their immunization all or some of the recommended vac- 8.6 percent between the immunization program, such as vaccine delivery, out- cinations. rates for non-Hispanic white children reach into underserved areas and im- Originally, Senator DURBIN and I had and those of Hispanic and African- provements in monitoring through the intended to offer an amendment that American children for one of the most development of state-based immuniza- would add a total of $75 million for the important series of immunizations. tion registries. CDC Section 317 operations and infra- Disparities in immunization levels also However, as the threat of another structure grant program. We have fall along the poverty line. For the disease outbreak faded, carry-over fund modified our amendment so that it now same series, National Immunization balances grew and pressure to reduce calls for a $37.5 million increase in Survey found a 9 percentage point dif- federal discretionary spending intensi- funding for these grants this year with ference between the immunization fied here in Congress. What happened the understanding that Chairman rates for children living below the pov- as a result was an almost 50 percent de- SPECTER has agreed to work to provide erty level compared to those at or cline in funding, and for the past two additional $37.5 million in FY 2002 for above the poverty line. years, the CDC infrastructure grant this grant program. I would thank the These disparities in coverage are program has been level funded at $139 Chairman and the Ranking Member for often found in concentrations of un-im- million. agreeing to accept this important munized and under-immunized children For the past few years, states have amendment. who typically reside in urban areas as been using remaining carry-over funds Numerous public health and provider well as in certain rural areas. These to cover expenses that could not be groups including the National Associa- areas are also referred to as ‘pockets of met by their new award. The estimated tion of County and City Health Offi- need’. FY 2001 figures indicate that most cials (NACCHO), the Association of Our investments in the immunization states have exhausted their carry-over State and Territorial Health Officials program thus far have yielded great funding and must rely solely on their (ASTHO), the American Academy of benefits in terms of improving the new grant award to finance their oper- Pediatrics and every Child by Two, just health of children, as well as producing ations. to name a few support our amendment. significant health care cost savings. This cut has seriously eroded states’ Since the advent of the polio vaccine For example, for every dollar spent on ability to develop and implement pro- in 1955, the United States has invested the Measles, Mumps, Rubella (MMR) gram innovations and threatened their in a national immunization campaign vaccine, $10.30 in savings were captured capacity to administer vaccines. These to rid the population of devastating in terms of direct medical costs and reductions over the past several years

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6195 have also forced states to scale back on Mexico, has a very troubling record of the level of care appropriate to them. other important activities such as animal care, and has been investigated The amendment which I am offering community outreach, parental and and charged by the U.S. Department of will address these concerns. I would physician education and the develop- Agriculture numerous times for egre- like to thank the managers for work- ment and operation of registries. gious violations of the Animal Welfare ing out this language and for sup- This reduction in the operations and Act relating to the deaths of several porting my amendment. infrastructure grant awards has had a chimpanzees and other primates. At AMENDMENT NO. 3711 significant impact on my home state of least 14 chimpanzees and 4 monkeys (Purpose: To Provide an additional $800,000 Rhode Island. My state has gone from a have died at the lab in the past seven for technology and media services and to high of approximately $3 million to a years, due to negligence and a lack of provide an offset) low of $500,000 in just four years. These appropriate veterinary care. At the end of title III, insert the following: kinds of swings in funding make it vir- Last August, following the deaths of SEC. ll. TECHNOLOGY AND MEDIA SERVICES. tually impossible for a state to admin- several chimpanzees at Coulston, Notwithstanding any other provision of ister its program, let alone plan ahead USDA ordered the lab to halve its this Act— chimpanzee colony, leading to the (1) the total amount appropriated under for the future. this title under the heading ‘‘OFFICE OF SPE- And these dramatic declines have not transfer of 288 chimps to NIH. However, CIAL EDUCATION AND REHABILITATIVE SERV- only happened in my state—they have the transfer was in title only. For the ICES’’ under the heading ‘‘SPECIAL EDU- happened in virtually every state in time being, the chimpanzees will re- CATION’’ to carry out the Individuals with the country. main in Coulston’s physical possession, Disabilities Education Act shall be Fortunately, my state has been ex- in direct defiance of the spirit and in- $7,353,141,000, of which $35,323,000 shall be tremely successful thus far in expand- tent of the USDA order. available for technology and media services; ing immunization coverage rates in the I am eager, therefore, for NIH to pro- and (2) the total amount appropriated under nation (89%). However, continued vigi- ceed with its RFP to secure the services of an entity that can provide high this title under the heading ‘‘DEPARTMENTAL lance is necessary to maintain cov- MANAGEMENT’’ under the heading ‘‘PROGRAM erage rates in states like Rhode Island, quality care for the 288 chimpanzees. ADMINISTRATION’’ shall be further reduced by while additional effort and resources The easiest way to ensure this is to in- $800,000. are required to bring up immunization sist that bidders for the contract be ac- Mr. DODD. Mr. President, I thank rates in areas like Chicago (69%) and credited by the Association for the As- the chairman, Senator SPECTOR, and Houston (56%). sessment and Accreditation for Labora- the Ranking member, Senator HARKIN, Mr. President, we must remain dili- tory Animal Care, International, or for accepting an amendment I have gent and focused on our immunization AAALAC. AAALAC is a private, inter- proposed to S. 2553, the Labor, Health goals and invest in the tools necessary nationally recognized accrediting body. and Human Services, and Education, to protect our children. This additional Its stamp of approval guarantees that a and related agencies appropriation bill funding will help to achieve that end laboratory provides high standards of for fiscal year 2001. This amendment by restoring immunization grant care to its animals. AAALAC accredi- provides an additional $800,000 for the awards to a level that will enable tation is often required in Public Technology and Media Services section states to carry out critical program ac- Health Service (PHS) contracts and, in of the Department of Education appro- tivities. As I mentioned before, our fact, is strongly based on strict compli- priation. The funds allocated to Tech- amendment would add $37.5 million ance with NIH’s own Guide for the Care nology and Media Services are cru- over two years to the CDC operations and Use of Laboratory Animals. In 1994, cially important because they are used and infrastructure grant program. NIH made a site visit to The Coulston to make competitive awards to support The IOM report makes clear that our Foundation, and recommended that the development, demonstration, and immunization system is at a critical Coulston achieve AAALAC accredita- use of technology and education media juncture, and I am pleased that Chair- tion within 3–5 years. That was six activities of value to children with dis- man SPECTER and Ranking Member years ago, and Coulston is still not ac- abilities. HARKIN have agreed to accept our credited by this international organiza- In that regard, the National Theatre amendment because we should not wait tion, despite applying. of the Deaf (NTD) has a long and wor- for a serious outbreak to a vaccine-pre- Although I would expect that any en- thy history as an organization dedi- ventable disease to address the short- tity selected by NIH to receive this cated to helping deaf and hard-of-hear- fall in the CDC immunization program. contract would be highly qualified and ing children and adults achieve their AMENDMENT NO. 3710 therefore AAALAC-accredited, bidders fullest potential. In 1967, the NTD was (Purpose: To require that contracts for the for the contract that are not accredited created with the assistance of the De- care of research NIH chimpanzees be may demonstrate their qualifications partment of Education to support edu- awarded to contractors that comply with by holding a valid PHS Animal Welfare cational and artistic programs for the the Animal Welfare Act) Assurance. In theory, an Animal Wel- deaf community. With strong and en- At the appropriate place, add the fol- fare Assurance shows that a laboratory during support from the Congress, the lowing: ‘‘None of the funds appropriated is compliant with the federal Animal NTD has developed an innovative under this Act shall be expended by the Na- Welfare Act and PHS policy on animal training program and seasonal work- tional Institutes of Health on a contract for care. Sometimes these assurances are shop series to foster the growth of a the care of the 288 chimpanzees acquired by restricted. For instance, Coulston’s as- unique form of theater. Presented in the National Institutes of Health from the both American Sign Language and spo- Coulston Foundation, unless the contractor surance is restricted because of its poor is accredited by the Association for the As- animal care record. However, it is still ken English, NTD performance have sessment and Accreditation of Laboratory considered valid. expanded the boundaries of theatrical Animal Care International or has a Public I think it is important to stress that expression and made an original con- Health Services assurance, and has not been the recipient of NIH’s contract should tribution to professional theater while charged multiple times with egregious viola- have a good record of animal welfare simultaneously building bridges be- tions of the Animal Welfare Act.’’. and should be compliant with federal tween the hearing and non-hearing Mr. SMITH of New Hampshire. Mr. animal welfare laws. As such, I have in- communities. The NTD has repeatedly President, I thank the Senate man- cluded language in my amendment won recognition for it’s work over the agers for including my amendment in which states that NIH cannot give its last 33 years, including a Tony Award. the managers’ package. This amend- contract to a facility that has been The NTD has touched over 3.5 million ment relates to the Request for Pro- charged multiple times with egregious people through local, national and posals (RFP) recently issued by the Na- violations of the Animal Welfare Act, international live performances, and tional Institutes of Health for the care as is the case with The Coulston Foun- millions more through televised spe- of 288 chimpanzees recently acquired dation. These animals can live to 50, cials. As a result of the massive success by NIH from The Coulston Foundation. even 60 years of age, and are very simi- of the NTD , more than 40 similar The- The Coulston Foundation, an animal lar to humans in many ways. We aters of the Deaf have sprung up world- research facility in Alamogordo, New should make certain that they receive wide.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6196 CONGRESSIONAL RECORD — SENATE June 30, 2000 Unfortunately, in fiscal year 2000, the $2,500,000 shall be made available for the Of- this past February. Currently, HHS is NTD was not funded by the Depart- fice for Civil Rights: Provided further, That working to finalize the draft regula- ment of Education, an unintended con- amounts made available under this title for tions which should be issued later this sequence of modifications made by the administrative and related expenses of year. the Department of Health and Human Serv- I have been on this Senate floor Congress to the Individuals with Dis- ices shall be reduced by $2,500,000’’. countless times to talk about the need abilities Education Act in 1997. I have ∑ no reason to believe that the Congress Mr. LEAHY. Mr. President, I want to establish privacy protections for is any less supportive of the National to thank my colleagues Senator SPEC- personal medical information. It an- Theater of the Deaf today than it has TER and Senator HARKIN for including gers me that this Congress could not been for the last 33 years. It is the in- an amendment I have offered to in- even move privacy protections through tent of the amendment that I offer crease funding for the Office of Civil the committee process, let alone, to ac- today to provide the Department of Rights (OCR) at the Department of tually have a debate on this critical Education with sufficient means to Health and Human Services (HHS) as issue before the full Senate. We fund an additional competitive grant part of the managers’ package. My couldn’t do the job on our own and we from the Special Education Tech- amendment would provide an increase have instead shifted the responsibility nology and Media Services program. of $2.5 million for the Office of Civil to the administration. This Congress Once again, I am grateful to the Rights to protect the civil rights of has the responsibility to protect the Chairman and Ranking Member for ac- Americans. I want to take a moment to privacy of Americans—and that in- cepting this amendment and, I think I explain why I believe this funding includes the protection of their medical speak for our colleagues in thanking crease is so important. records. The place for these protections them for their continued support for The Office of Civil Rights at HHS has is in legislation—not regulation. But the deaf and hard-of-hearing commu- the responsibility to enforce civil that’s not the issue right now. The nity in our country. rights laws in the health and human issue before us is the need to ade- Mr. SPECTER. I would like to com- service setting throughout the United quately fund the office that will have mend the Senator from Connecticut for States. What does this mean? Essen- the sole responsibility for enforcing bringing this amendment to our atten- tially, the Office of Civil Rights over- these essential privacy protections. tion. While the amount requested in sees anyone who receives funding from The FY 2000 Budget for the Office of this amendment is a modest sum, it HHS—hospitals, managed care organi- Civil Rights is $22 million. This figure will make a major difference to an im- zations, nursing homes, and social has remained unchanged since 1980. I portant community in this country. I service agencies among others—to en- find this hard to believe. The Office has look forward to working with the Sen- sure they are complying with civil seen its enforcement responsibilities ator from Connecticut as this matter rights statutes. Although it enforces a increase dramatically with the passage moves to conference. wide array of civil right laws, the bulk of the Americans with Disabilities Act Mr. HARKIN. I would like to asso- of OCR’s efforts center around enforce- and other major legislation. Add the ciate myself with the remarks of my ment of Title VI of the Civil Rights Act impending implementation of the med- Chairman and that of the Senator from of 1964, which addresses discrimination ical records privacy regulation and it Connecticut, particularly with regard in federally funded programs, and the becomes clear that this budget must to the important role that the National Americans with Disabilities Act. come in line with the current times Theater of the Deaf has played over the The civil rights challenges that con- and allow the Office to do what they last 33 years. I pledge to do what I can front OCR continue to grow. A few of must—protect the civil rights of Amer- to ensure the conference agreement the issues the office is focusing on in- icans. carriers out the intent of the Senator clude racial and ethnic disparities in This additional funding provided in from Connecticut. health; ensuring that individuals with this amendment will help the Office of AMENDMENT NO. 3712 disabilities avoid unnecessary institu- Civil Rights do the job we have asked In amendment No. 3633, as modified, strike tionalization and can live in their com- them to do. I do not think this increase ‘‘$78,200,000’’ and insert ‘‘$35,000,000’’ in lieu munities; and fighting discrimination is nearly enough. However, I recognize thereof. among minorities and individuals with that we have limited funds for a wide disabilities in managed care. range of important programs. I am AMENDMENT NO. 3713 It seems to me that this office al- hopeful that this will be the first of (Purpose: To provide grants to states for ready has a pretty big workload. Well, many steps to increase the resources high schools to improve academic perform- it is about to become much larger. In for this office. Again, I want to thank ance and provide technical skills training addition to the important efforts the and grants to elementary and secondary my colleagues for their support of this schools to provide physical education and OCR currently works on, this office amendment and for their support of the improve physical fitness) will soon be responsible for imple- important work of this office.∑ On page 69, line 2, after the colon insert the menting and enforcing the proposed Mr. HARKIN. Mr. President, I rise to following proviso: ‘‘Provided further, That of medical privacy regulations. The ad- support the increase in funding for the the funds appropriated $5,000,000 shall be ministration has been required to es- Office of Civil Rights at the Depart- made available for a high school state grant tablish safeguards to protect personal ment of Health and Human Services. program to improve academic performance medical information of Americans be- The Office of Civil Rights (OCR) en- and provide technical skills training, cause this Congress missed its own self- forces civil rights laws in health and $5,000,000 shall be made available to provide imposed deadline. If we’re not going to human services settings. OCR oversees grants to enable elementary and secondary do our job in Congress, we should at schools to provide physical education and hospitals, managed care organizations, improve physical fitness’’. least support the Office that will have nursing homes, social service agen- to do it for us. cies—literally any state, local, or pri- AMENDMENT NO. 3714 In 1996, Congress passed the Health vate agency that receives HHS funding, (Purpose: To provide grants to states and Insurance Portability and Account- to ensure compliance with civil rights local government for early childhood ability Act (HIPAA). This legislation laws. learning for young children) set a self-imposed deadline for Con- In the next year, OCR will be respon- On page 41, at the beginning of line 12 in- gress to pass comprehensive medical sible for enforcing several initiatives of sert the following: ‘‘$5,000,000 shall be made privacy legislation by August 1999. If real importance to me and to health available to provide grants for early child- Congress was unable to meet the dead- care consumers across America. First, hood learning for young children, of which’’. line, the Secretary of the Department OCR will be responsible for enforcing AMENDMENT NO. 3715 of Health and Human Services was re- the landmark health information pri- (Purpose: To increase funding for the Office quired by law to establish medical privacy regulations. These regulations of Civil Rights of the Department of vacy protection through regulation. will provide consumers with protec- Health and Human Services) Secretary Shalala issued her draft reg- tions against the inappropriate disclo- On page 45, line 4, insert before the period ulations last fall and there was a public sure of their health information. In- the following: ‘‘: Provided, That an additional comment period that extended until deed, Americans are concerned about

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6197 who gets to see and use their personal (b) Amounts made available under this Act The average cost of a poisoning expo- medical information. Privacy is the for the administrative and related expenses sure call to a poison control center is first defense against discrimination on of the Department of Health and Human $31.28. The average cost of using other the basis of health status—an issue I Services, the Department of Labor, and the health care system options, like emer- Department of Education shall be reduced know a lot about through my work on further on a pro rata basis by $20,000,000. gency room services, for example, is the Americans with Disabilities Act. $932 dollars. One of OCR’S other top priorities in Mr. DEWINE. Mr. President, I rise Each year, the Central Ohio Poison the coming year is to enforce the today to thank the Chairman of the Center handles more than 66,000 calls, Americans with Disabilities Act (ADA) Labor, Health, and Education Appro- and the Cincinnati Poison Center han- by working with states and advocates priations Subcommittee, Senator SPEC- dles about 78,000 calls. According to Dr. to develop programs to enable people TER, and the Ranking Member, Senator Marcel Casavant—medical director for with disabilities to live in community- HARKIN, for their support of our Na- the Central Ohio Poison Center and based settings, as required by the Su- tion’s poison control centers. Because emergency department physician at preme Court’s Olmstead decision. Just of their help, the appropriations bill we Columbus Children’s Hospital—the last year, in L.C. v. Olmstead, the Su- pass will contain a sound investment in Central Ohio Poison Center refers call- preme Court held that state Medicaid these centers. ers to their doctors or to an emergency programs must comply with the ADA’s Mr. President, many of us—as par- department about 10 percent of the integration mandate. The Court held ents—have experienced the terrifying time. The other 90 percent of cases that under the ADA, people with dis- situation when a child accidently swal- don’t usually require a trip to the abilities have the right to be included lows something potentially toxic. For- emergency room and can be treated in our communities, not segregated be- tunately, poison control centers are in and monitored right at home with hind the closed doors of institutions place to field poison-related phone treatment advice provided by poison and excluded from the mainstream. calls and to offer parents and everyone control professionals. Poison control This decision means that unjustified valuable medical advice when these centers save lives and save money by isolation now properly is regarded as types of emergencies arise. Addition- offering immediate treatment advice. discrimination when it is based on dis- ally, the professionals at the centers They help keep patients from calling ability. provide education and training to the 911 or going to emergency rooms un- The Department of Health and public to help prevent poisonings. necessarily, while offering immediate Human Services has already taken Without a doubt, poison control cen- treatment advice to callers. steps to ensure that states comply with ters offer vital health services. Throughout the United States each the Supreme Court’s decision. The De- Earlier this year, Congress passed year, more than two million poisonings partment sent a letter to state Med- legislation that I sponsored along with are reported to poison control centers. icaid directors and others emphasizing 34 of my colleagues—and the President More than 90 percent of these the Court’s suggestion that states designed it into law—which authorizes poisonings happen in the home, and velop a comprehensive plan for placing $27.6 million to be used to fund a na- over 50 percent of poisoning victims are qualified individuals with disabilities tional toll-free number to ensure ac- children younger than six years of age. in less restrictive settings and ensure cess to poison control center services; a My own personal experience with poi- that their waiting lists for community- nationwide media campaign to educate son control centers occurred two years based services move at a reasonable the public and health care providers ago, when our granddaughter, Isabelle, pace that is not controlled by the about poison prevention; and a grant who was two years old at the time, fell state’s endeavors to keep its institu- program to: (1) Help certified regional into a bucket of bubble solution as we tions fully populated. poison control centers achieve finan- were wrapping up our annual Ice Cream This so-called ‘‘Olmstead Letter’’ is a cial stability; (2) Prevent poisonings; Social at our home in Cedarville, Ohio. great first step. However, a law is only (3) Provide treatment recommenda- We feared that Isabelle may have swal- as effective as its enforcement, and tions for poisonings; and (4) Improve lowed some of the solution, since she that is why OCR is so important to the poison control center services. civil rights of people with disabilities. was covered with it from head to toe. Last year, I worked with Senator My sister-in-law, who is a nurse, im- This new funding will help OCR to en- SPECTER, to include $3 million in mediately called the poison control sure that as we approach the ADA’s FY2000 for the Health Resources and center to determine whether Isabelle 10th anniversary next month, the ADA Services Administration (HRSA) and had swallowed a poisonous substance. will continue to have a very real effect Centers for Disease Control and Pre- We were very lucky. The professional on the daily lives of people with dis- vention (CDC) to initiate planning for at the local poison control center told abilities and their ability to live and the national toll-free number and to participate in their communities. us immediately what to do and ex- begin assisting the local poison control plained that we needed to rinse Isabelle AMENDMENT NO. 3716 centers’ other efforts. Because of that off and have her drink several glasses (Purpose: To increase the amount of funds initial investment, the national toll- of water to flush the solution through made available for activities that improve free number will be fully operational the quality of infant and toddler child her system. But for the quick response care) by September 30th of this year. The of that local poison control center, we On page 40, line 5, strike ‘‘$60,000,000’’ and new toll-free number will provide easy would probably have ended up taking insert ‘‘$100,000,000’’. access to poison control services no Isabelle to the emergency room need- matter where you are in the country by lessly. AMENDMENT NO. 3717 directing calls to the local poison con- My friend and colleague from Michi- (Purpose: To increase funding to provide as- trol center closest to you. gan, Senator ABRAHAM, also had his sistance for poison prevention and to sta- To ensure that the local centers can own personal experience with a poison bilize the funding of regional poison con- maintain current operations and han- center. In 1999, he and his wife were at trol centers) dle increases in calls resulting from home and spotted their toddler son, On page 54, between lines 10 and 11, insert the new toll-free number, the centers the following: Spencer, with an open bottle of allergy SEC. ll. (a) In addition to amounts made must be funded at an adequate level. medicine. They immediately called the available under the heading ‘‘Health Re- The investment this bill makes will poison center. The Abrahams, too, were sources and Services Administration-Health help poison control centers continue very lucky. As it turned out, little Resources and Services’’ for poison preven- providing essential services to parents Spencer hadn’t swallowed more than tion and poison control center activities, and to the public now and in the fu- an ounce, so the poison center staff there shall be available an additional ture. recommended that his parents just $20,000,000 to provide assistance for such ac- Investing in poison control centers tivities and to stabilize the funding of re- monitor him at home through the gional poison control centers as provided for just makes good economic sense. Do night. pursuant to the Poison Control Center En- you realize that for every dollar spent While poisonings very often affect hancement and Awareness Act (Public Law on poison control center services, we children, adults also face situations ne- 106-174). can save $7 dollars in medical costs? cessitating information and help from

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6198 CONGRESSIONAL RECORD — SENATE June 30, 2000 poison control centers. The centers to the next level and are providing a resident’s freedom of movement that is not a provide services for adults who have substantial investment in these cen- standard treatment for the resident’s med- been exposed to potentially poisonous ters. This investment will help bring ical or psychiatric condition. or toxic substances. Take the example stability to our nation’s poison control ‘‘(2) SECLUSION.—The term ‘seclusion’ of what occurred in Marysville, Ohio. means any separation of the resident from centers and bring peace of mind to par- the general population of the facility that Thirty workers in a manufacturing ents. prevents the resident from returning to such plant in Marysville were victims of gas I thank the Chair and yield the floor. population if he or she desires. exposure. Twenty of these workers AMENDMENT NO. 3718 went to Union Memorial Hospital. The (Purpose: To increase funds for the National ‘‘SEC. 582. REPORTING REQUIREMENT. hospital contacted the poison center, Program of Cancer Registries) ‘‘(a) IN GENERAL.— Each facility to which after which these patients were given On page 27, line 24, before the period insert the Protection and Advocacy for Mentally Ill oxygen and later discharged that same the following: ‘‘: Provided further, That in ad- Individuals Act of 1986 applies shall notify day. Ten others went to a different hos- dition to amounts made available under this the appropriate agency, as determined by the pital which did not call a poison cen- heading for the National Program of Cancer Secretary, of each death that occurs at each ter. These patients were not released Registries, an additional $15,000,000 shall be such facility while a patient is restrained or in seclusion, of each death occurring within until the next day, even though their made available for such Program and special emphasis in carrying out such Program shall 24 hours after the patient has been removed symptoms did not differ from the other be given to States with the highest number from restraints and seclusion, or where it is 20 workers. of the leading causes of cancer mortality: reasonable to assume that a patient’s death Because the local poison centers Provided further, That amounts made avail- is a result of such seclusion or restraint. A cover a lot of area and handle a large able under this Act for the administrative notification under this section shall include number of exposure cases, they can and related expenses of the Centers for Dis- the name of the resident and shall be pro- help identify trends and patterns of ex- ease Control and Prevention shall be reduced vided not later than 7 days after the date of posure which might not otherwise be by $15,000,000’’. the death of the individual involved. recognized by individual health care AMENDMENT NO. 3719 ‘‘(b) FACILITY.—In this section, the term providers. The organized network of (Purpose: To protect the rights of residents ‘facility’ has the meaning given the term ‘fa- poison centers facilitates instant com- of certain health care facilities) cilities’ in section 102(3) of the Protection munication of public health concerns, On page 92, between lines 4 and 5, insert and Advocacy for Mentally Ill Individuals as well as effective methods of treat- the following: Act of 1986 (42 U.S.C. 10802(3)).’’. SEC. ll. Title V of the Public Health ment. For example, in 1993, an Oregon Service Act (42 U.S.C. 290aa et seq.) is ‘‘SEC. 583. REGULATIONS AND ENFORCEMENT. Poison Center staff member noticed a amended by adding at the end the following: ‘‘(a) TRAINING.—Not later than 1 year after cluster of symptomatic callers who had ‘‘PART G—REQUIREMENT RELATING TO the date of enactment of this part, the Sec- all used an aerosol leather protector. THE RIGHTS OF RESIDENTS OF CER- retary, after consultation with appropriate Subsequent investigation revealed TAIN FACILITIES State and local protection and advocacy or- similar cases in the preceding four ‘‘SEC. 581. REQUIREMENT RELATING TO THE ganizations, physicians, facilities, and other days. Immediate notification of other RIGHTS OF RESIDENTS OF CERTAIN health care professionals and patients, shall centers confirmed cases in other states. FACILITIES. promulgate regulations that require facili- Contact with the manufacturer and ‘‘(a) IN GENERAL.—A public or private gen- ties to which the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 subsequent product removal occurred eral hospital, nursing facility, intermediate care facility, residential treatment center, U.S.C. 10801 et seq.) applies, to meet the re- within only four hours. or other health care facility, that receives quirements of subsection (b). Here’s another example: On January support in any form from any program sup- ‘‘(b) REQUIREMENTS.—The regulations pro- 28, 1998, there was a nationwide recall ported in whole or in part with funds appro- of a popular snack cake due to possible mulgated under subsection (a) shall require priated to any Federal department or agency that— asbestos contamination. This recall re- shall protect and promote the rights of each ‘‘(1) facilities described in subsection (a) sulted in about 1000 calls to one poison resident of the facility, including the right ensure that there is an adequate number of center in Ohio, with similar numbers of to be free from physical or mental abuse, qualified professional and supportive staff to calls to poison centers in Illinois, Indi- corporal punishment, and any restraints or evaluate patients, formulate written individ- ana, and Missouri. The poison centers involuntary seclusions imposed for purposes ualized, comprehensive treatment plans, and of discipline or convenience. to provide active treatment measures; were able to reassure callers about the ‘‘(b) REQUIREMENTS.—Restraints and seclu- ‘‘(2) appropriate training be provided for low toxicity of small oral ingestion of sion may only be imposed on a resident of a the staff of such facilities in the use of re- asbestos and referred callers to the facility described in subsection (a) if— straints and any alternatives to the use of company’s customer service number. ‘‘(1) the restraints or seclusion are imposed restraints; and to ensure the physical safety of the resident, Despite their obvious value, poison ‘‘(3) such facilities provide complete and a staff member, or others; and control centers have been seriously accurate notification of deaths, as required ‘‘(2) the restraints or seclusion are imposed under-funded. The centers have been fi- under section 582(a). nanced through unstable arrangements only upon the written order of a physician, ‘‘(c) ENFORCEMENT.—A facility to which from a variety of public and private or other licensed independent practitioner permitted by the State and the facility to this part applies that fails to comply with sources. Over the last two decades, order such restraint or seclusion, that speci- any requirement of this part, including a there has been a steady decline in the fies the duration and circumstances under failure to provide appropriate training, shall number of poison control centers in the which the restraints are to be used (except in not be eligible for participation in any pro- United States. In 1978, there were more emergency circumstances specified by the gram supported in whole or in part by funds than 600 poison control centers nation- Secretary until such an order could reason- appropriated to any Federal department or wide. Today, there are fewer than 75— ably be obtained). agency.’’. of which, only 53 are certified. Since ‘‘(c) DEFINITIONS.—In this section: 1991, six centers in Ohio have closed, ‘‘(1) RESTRAINTS.—The term ‘restraints’ means— AMENDMENT NO. 3720 leaving only three in current oper- ‘‘(A) any physical restraint that is a me- ation. (Purpose: To provide funding for certain ac- chanical or personal restriction that immo- tivities of the Occupational Safety and This trend has jeopardized the ability bilizes or reduces the ability of an individual of the remaining poison control centers Health Administration with respect to all to move his or her arms, legs, or head freely, employers) nationwide to provide immediate, not including devices, such as orthopedically around-the-clock service to all Ameri- prescribed devices, surgical dressings or ban- On page 13, line 20, strike ‘‘Provided’’ and cans. As a result, more emergency dages, protective helmets, or any other insert the following: ‘‘: Provided, That of the rooms are likely to be visited by anx- methods that involves the physical holding amount appropriated under this heading that ious parents who fear their children of a resident for the purpose of conducting is in excess of the amount appropriated for were accidentally poisoned. This is a routine physical examinations or tests or to such purposes for fiscal year 2000, at least protect the resident from falling out of bed $22,200,000 shall be used to carry out edu- trend that is increasing the total cost or to permit the resident to participate in cation, training, and consultation activities of treating poisonings and increasing activities without the risk of physical harm as described in subsections (c) and (d) of sec- the risk of accidental injury or death. to the resident; and tion 21 of the Occupational Safety and Mr. President, I am pleased that my ‘‘(B) a drug or medication that is used as a Health Act of 1970 (29 U.S.C. 670(c) and (d)): colleagues have agreed to take things restraint to control behavior or restrict the Provided further,’’.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6199 AMENDMENT NO. 3721 loan cancellation program under section 465 Tribes in some of the most impover- (Purpose: To express the sense of the Senate of the Higher Education Act of 1965 (20 U.S.C. ished parts of the country. Anyone who that the Health Care Financing Adminis- 1087ee), an additional $30,000,000 is appro- has ever visited one has seen the over- tration should consider current systems priated to carry out such program. (b) Notwithstanding any other provision of crowding and the poor condition of the that provide better, more cost-effective facilities; crumbling foundations, emergency transport before promulgating this Act, amounts made available under ti- any final rule regarding the delivery of tles I and II, and this title, for salaries and leaky roofs, exposed wiring, and many emergency medical services) expenses at the Departments of Labor, other safety hazards were in fact re- On page 54, between lines 10 and 11, insert Health and Human Services, and Education, cently estimated to require $120 mil- the following: respectively, shall be further reduced on a lion in repairs. pro rata basis by $15,000,000. SEC. ll. SENSE OF THE SENATE REGARDING The $5,000,000 supplemental to the THE DELIVERY OF EMERGENCY Title III Strengthening Tribal Colleges AMENDMENT NO. 3723 MEDICAL SERVICES. and Universities funding recommended (Purpose: To provide for a study evaluating (a) FINDINGS.—The Senate finds the fol- by the committee will provide some re- lowing: the extent to which funds made available (1) Several States have developed and im- under part A of title I of the Elementary lief to the inadequate and unsafe condi- plemented a unique 2-tiered emergency med- and Secondary Education Act of 1965 are tions at many of the Tribal Colleges ical services system that effectively provides targeted to schools and local educational and Universities and hopefully will services to the residents of those States. agencies with the greatest concentrations help the institutions leverage addi- (2) These 2-tiered systems include volun- of school-age children from low-income tional private funds. However, we know teer and for-profit emergency medical tech- families) the needs are extremely great, and nicians who provide basic life support and On page 71, after line 25, insert the fol- hope that the Congress will sustain and hospital-based paramedics who provide ad- lowing: expand this commitment of federal re- vanced life support. SEC. 305. The Comptroller General of the (3) These 2-tiered systems have provided United States, shall evaluate the extent to sources to aid these schools which play universal access for residents of those States which funds made available under part A of such a key role in the education of our to affordable emergency services, while si- title I of the Elementary and Secondary Edu- Native American populations. multaneously ensuring that those persons in cation Act of 1965 are allocated to schools AMENDMENT NO. 3725 need of the most advanced care receive such and local educational agencies with the (Purpose: To express the sense of the Senate care from the proper authorities. greatest concentrations of school-age chil- regarding the impacts of the Balanced (4) One State’s 2-tiered system currently dren from low-income families, the extent to Budget Act of 1997) has an estimated 20,000 emergency medical which allocations of such funds adjust to On page 54, between lines 10 and 11, insert technicians providing ambulance transpor- shifts in concentrations of pupils from low- the following: tation for basic life support and advanced income families in different regions, States, life support emergencies, over 80 percent of and substate areas, the extent to which the SEC. ll. SENSE OF THE SENATE REGARDING IM- which are handled by volunteers who are not allocatiion of such funds encourage the tar- PACTS OF THE BALANCED BUDGET ACT OF 1997. reimbursed under the medicare program geting of state funds to areas with higher (a) FINDINGS.—The Senate makes the fol- under title XVIII of the Social Security Act. concentrations of children from low-income lowing findings: (5) The hospital-based paramedics, also families, the implications of current dis- (1) Since its passage in 1997, the Balanced known as mobile intensive care units, are re- tribution methods for such funds, and for- Budget Act of 1997 has drastically cut pay- imbursed under the medicare program when mula and other policy recommendations to ments under the medicare program under they respond to advanced life support emer- improve the targeting of such funds to more title XVIII of the Social Security Act in the gencies. effectively serve low-income children in both areas of hospital, home health, and skilled (6) These 2-tiered State health systems rural and urban areas, and for preparing in- nursing care, among others. While Congress save the lives of thousands of residents of terim and final reports based on the results intended to cut approximately $100,000,000,000 those States each year, while saving the of the study, to be submitted to Congress not from the medicare program over 5 years, re- medicare program, in some instances, as later than February 1, 2001, and April 1, 2001. cent estimates put the actual cut at over much as $39,000,000 in reimbursement fees. On page 70, line 7, strike ‘‘$396,672,000’’ and $200,000,000,000. (7) When Congress requested that the insert ‘‘$396,671,000’’. (2) A recent study on home health care Health Care Financing Administration enact found that nearly 70 percent of hospital dis- changes to the emergency medical services AMENDMENT NO. 3724 charge planners surveyed reported a greater fee schedule as a result of the Balanced (Purpose: To provide assistance to Tribal difficulty obtaining home health services for Budget Act of 1997, including a general over- Colleges or Universities for construction medicare beneficiaries as a result of the Bal- haul of reimbursement rates and administra- and renovation projects under section 316 anced Budget Act of 1997. tive costs, it was in the spirit of stream- of the Higher Education Act of 1965, with (3) According to the Medicare Payment Ad- lining the agency, controlling skyrocketing an offset) visory Commission, rural hospitals were dis- health care costs, and lengthening the sol- At the end of title III, insert the following: proportionately affected by the Balanced vency of the medicare program. SEC. . Budget Act of 1997, dropping the inpatient (8) The Health Care Financing Administra- The amount made available under this margins of such hospitals over 4 percentage tion is considering implementing new emer- title under the heading ‘‘OFFICE OF POSTSEC- points in 1998. gency medical services reimbursement ONDARY EDUCATION’’ under the heading (b) SENSE OF SENATE.—It is the sense of the guidelines that would destabilize or elimi- ‘‘HIGHER EDUCATION’’ to carry out section 316 Senate that Congress and the President nate the 2-tier system that have developed in of the Higher Education Act of 1965 is in- should act expeditiously to alleviate the ad- these States. creased by $5,000,000, which increase shall be verse impacts of the Balanced Budget Act of (b) SENSE OF THE SENATE.—It is the sense used for construction and renovation of the Senate that the Health Care Financ- 1997 on beneficiaries under the medicare pro- projects under such section; and the amount gram under title XVIII of the Social Secu- ing Administration should— made available under this title under the (1) consider the unique nature of 2-tiered rity Act and health care providers partici- heading ‘‘OFFICE OF POSTSECONDARY EDU- emergency medical services delivery systems pating in such program. CATION’’ under the heading ‘‘HIGHER EDU- when implementing new reimbursement CATION’’ to carry out part B of title VII of AMENDMENT NO. 3726 guidelines for paramedics and hospitals the Higher Education Act of 1965 is decreased (Purpose: To state the sense of the Senate under the medicare program under title by $5,000,000. XVIII of the Social Security Act; and regarding funds for programs for early de- (2) promote innovative emergency medical Mr. BINGAMAN. Mr. President, on tection and treatment regarding childhood service systems enacted by States that re- behalf of the cosponsors of this amend- lead poisoning at sites providing Early duce reimbursement costs to the medicare ment I thank Senators SPECTER and Head Start programs) program while ensuring that all residents re- HARKIN for dedicating $5,000,000 from At the end of title V, add the following: ceive quick and appropriate emergency care the Fund for the improvement of Post- SEC. ll. It is the sense of the Senate that when needed. secondary Education for desperately- each entity carrying out an Early Head needed construction and renovation Start program under the Head Start Act AMENDMENT NO. 3722 projects at the 32 Tribal Colleges and should— (Purpose: To provide additional funds for the (1) determine whether a child eligible to Perkin’s loan cancellation program, with Universities that comprise the Amer- participate in the Early Head Start program an offset) ican Indian Higher Education Consor- has received a blood lead screening test, On page 71, after line 25, add the following: tium. using a test that is appropriate for age and SEC. ll. (a) In addition to any amounts These institutions serve students risk factors, upon the enrollment of the child appropriated under this title for the Perkin’s from over 250 federally recognized in the program; and

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6200 CONGRESSIONAL RECORD — SENATE June 30, 2000 (2) in the case of an child who has not re- ices, the Department of Labor, and the De- (See exhibit 1.) ceived such a blood lead screening test, en- partment of Education shall be further re- Mr. LIEBERMAN. I do so because I sure that each enrolled child receives such a duced on a pro-rata basis by $14,137,000. believe all of us—elected officials, edu- test either by referral or by performing the cators, parents, the whole of our citi- AMENDMENT NO. 3731 test (under contract or otherwise). zenry—should be alarmed by findings, On page 69 on line 24 insert the following: by the Nation’s growing ignorance of AMENDMENT NO. 3727 ‘‘Provided further, That of the amount made our past and what it implies for Amer- (Purpose: To allocate appropriated funds for available under this heading for activities programs for early detection and treat- carried out through the Fund of the Im- ica’s future. When we lose the memory ment regarding childhood lead poisoning provement of Education under part A of title of our past, when we lose our under- at sites providing Early Head Start pro- X, $50,000,000 shall be made available to en- standing of the remarkable individuals, grams) able the Secretary of Education to award events, and values that have shaped grants to develop, implement and strengthen On page 27, line 24, strike the period and this Nation, we are losing much of programs to teach American history (not so- insert the following: ‘‘: Provided further, That what it means to be an American. We cial studies) as a separate subject within the funds made available under this heading are losing touch with the civic glue school curricula’’. for section 317A of the Public Health Service that binds our diverse Nation into a LOSS OF AMERICA’S CIVIC MEMORY Act may be made available for programs op- single people with a common purpose. Mr. LIEBERMAN. Mr. President, I erated in accordance with a strategy (devel- And, I fear, we are losing sight of the come today to the floor of this Cham- oped and implemented by the Director for lessons our history teaches us and the the Centers for Disease Control and Preven- ber, which is so rich with history, fundamental responsibilities we share tion) to identify and target resources for which has been the setting of some of as citizens in a free democracy. childhood lead poisoning prevention to high- the most determinative moments for risk populations, including ensuring that Earlier this week I had the privilege our democracy, to talk about the state of joining with my colleague from any individual or entity that receives a of our civic memory. Washington, Senator GORTON, Con- grant under that section to carry out activi- Thomas Jefferson once famously ties relating to childhood lead poisoning pre- gressman TOM PETRI of Wisconsin, the said, ‘‘If a nation expects to be igno- vention may use a portion of the grant funds leaders of the ACTA, and assemblage of rant and free, it expects what never awarded for the purpose of funding screening distinguished historians at a press con- assessments and referrals at sites of oper- was and never will be.’’ I am saddened ference to underscore the import of ation of the Early Head Start programs to say that this Nation, the guardian of this report. With the Fourth of July in under the Head Start Act.’’. the Jeffersonian ethic, seems well on the offing, we wanted to seize the op- the way today to testing his propo- AMENDMENT NO. 3728 portunity of this moment of patriotism sition. to in a sense play Paul Revere, and to (Purpose: To provide for a study into sexual Or so the findings of a recent survey begin ringing the alarm bells about the abuse in schools) of America’s college graduates would growing ignorance of the contributions At the appropriate place add the following: suggest. That survey reveals that our (a) Whereas sexual abuse in schools be- that Revere and many other great men next generation of leaders and citizens and women made to this Nation. tween a student and a member of the school is leaving college with a stunning lack staff or a student and another student is a Among the scholars who attended cause for concern in America; of knowledge of their heritage and the were: Gordon Wood, Professor of His- (b) Whereas relatively few studies have democratic values that have long sus- tory at Brown University; John Pat- been conducted on sexual abuse in schools tained our country. rick Diggins, Distinguished Professor and the extent of this problem is unknown; The University of Connecticut’s of History, The Graduate Center, City (c) Whereas according to the Child Abuse Roper Center found that 81 percent of University of New York; James Rees, and Neglect Reporting Act, a school adminis- seniors from America’s elite institu- trator is required to report any allegation of Director of George Washington’s tions of higher education received a Mount Vernon; Jeffrey Wallin, presi- sexual abuse to the appropriate authorities; grade of D or F on history questions (d) Whereas an individual who is falsely ac- dent, American Academy for Liberal cused of sexual misconduct with a student drawn from a basic high school exam- Education; and Paul Reber, Executive deserves appropriate legal and professional ination. Many seniors could not iden- Director of Decatur House, National protections; tify Valley Forge, words from the Get- Trust for Historic Preservation. With (e) Whereas it is estimated that many tysburg Address, or even the basic us, in spirit if not in body, were David causes of sexual abuse in schools are not re- principles of the U.S. Constitution. By ported; McCullough, the prize-winning author comparison, 99 percent of them knew of the illuminative biography of Harry (f) Whereas many of the accused staff who Beavis and Butthead were and 98 quietly resign at their present school district Truman, and the great Oscar Handlin, and are then rehired at a new district which percent knew who the rapper Snoop Professor Emeritus at Harvard. has no knowledge of their alleged abuse; Doggy Dogg was. Each of these historians, as well as (g) Therefore, it is the Sense of the Senate The Roper survey also shows that several others, issued statements ex- that the Secretary of Education should ini- most major colleges no longer require pressing their concerns about the con- tiate a study and make recommendations to their students to study history, which sequences of losing America’s memory. Congress and state and local governments on helps to explain why historical illit- the issue of sexual abuse in schools.’’. I ask unanimous consent to have a col- eracy is growing in this country. Stu- lection of these statements printed in dents can now graduate from 100 per- AMENDMENT NO. 3729 the RECORD. cent of the top colleges and univer- The PRESIDING OFFICER. Without (Purpose: To provide increased funding for sities without taking a single course in school construction under the Impact Act objection, it is so ordered. program, with an offset) American history. And students at 78 (See exhibit 2.) percent of those institutions are not On page 58, line 3, strike ‘‘25,000,000’’ and Mr. LIEBERMAN. I will read a few insert ‘‘35,000,000’’. required to take any form of history at excerpts, because I think they uniquely Amounts made available under this Act for all. speak to the ramifications of the prob- the administrative and related expenses of The American Council of Trustees lem. the Department of Health and Human Serv- and Alumni, a nonprofit group dedi- Gordon Wood explained: ‘‘We Ameri- ices, the Department of Labor, and the De- cated to the pursuit of academic free- cans have a special need to understand partment of Education shall be further re- dom, has compiled and analyzed these our history, for our history is what duced on a pro rata basis by $10,000,000. findings in a provocative report enti- makes us a nation and gives us our tled ‘‘Losing America’s Memory: His- sense of nationality. A people like us, AMENDMENT NO. 3730 torical Illiteracy in the 21st Century.’’ made up of every conceivable race, eth- (Purpose: To increase funding for adoption I would encourage my colleagues to ex- nicity, and religion in the world, can incentives) amine this report, a copy of which has never be a nation in the usual sense of On page 41, lines 11 and 12, strike the term. . . . Up until recently almost ‘‘$7,881,586,000, of which $41,791,000’’ and in- been sent to every Member’s office. I sert ‘‘$7,895,723,000, of which $55,928,000’’. ask unanimous consent to have the re- every American, even those who were Amounts made available under this Act for port printed in the RECORD. new immigrants possessed some sense the administrative and related expenses of The PRESIDING OFFICER. Without of America’s past, however rudi- the Department of Health and Human Serv- objection, it is so ordered. mentary and unsophisticated. Without

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6201 some such sense of history, the citizens James Rees, who noted with despair by the U.S. News & World Reports annual of the United States can scarcely long that George Washington’s presence in college rankings. The top 55 liberal arts col- exist as a united people.’’ elementary school curricula has been leges and research universities were sampled Theodore Rabb, Professor of History gradually disappearing. As an example, during December 1999. (For a list, see Appen- dix A.) at Princeton, and Chairman of the Na- he related that the textbook being used The questions were drawn from a basic tional Council for History Education, today at the elementary school he at- high school curriculum. In fact, many of the quoting historian Kenneth T. Jackson, tended contained 10 times fewer ref- questions had been used in the National As- added: ‘‘ ‘Our binding heritage is a erences to the father of our country sessment of Educational Progress (NAEP) democratic vision of liberty, equality, than the textbook he used in his youth. tests given to high school students. and justice. If Americans are to pre- Mr. President, I hope our colleagues How did seniors from our nation’s top col- serve that heritage and bring it to will join us in supporting and adopting leges and universities do? They flunked. Four out of five—18%—of seniors from the daily practice, it is imperative that all this resolution and making an un- top 55 colleges and universities in the United citizens understand how it was shaped equivocal statement. As we prepare to States received a grade of D or F. they could in the past . . .’ Indeed, the office of celebrate the Fourth, I can think of no not identify Valley Forge, or words from the citizen cannot be properly filled in to- finer birthday present to the Nation, Gettysburg Address, or even the basic prin- day’s democratic society without an no better way to honor the anniversary ciples of the U.S. Constitution. understanding of American history.’’ of America’s independence, than for us Scarcely more than half knew general in- Stephen H. Balch, President of the first to remember what moved that de- formation about American democracy and National Association of Scholars, con- the Constitution. termined band of patriots to lay down Only 34% of the students surveyed could cluded: ‘‘More than most nations, all for liberty, what has sustained our identify George Washington as an American America is defined by shared memo- democracy for these many years, and general at the battle of Yorktown, the cul- ries. Great deeds, stirring moments, infor us to act so that our children and minating battle of the American Revolution. spiring heroes, hard-won victories, oc- those who follow them will never for- Only 42% were able to identify George casional defeats, and, most signifi- get. Washington as ‘‘First in war, first in peace, first in the hearts of his countrymen.’’ cantly, lofty ideals—declared, at- EXHIBIT 1 tacked, and ultimately vindicated— Less than one quarter (23%) correctly iden- LOSING AMERICA’S MEMORY—HISTORICAL tified James Madison as the ‘‘father of the map our collective identity. ACTA’s ILLITERACY IN THE 21ST CENTURY Constitution.’’ study, ‘Losing America’s Memory,’ [Issued for Presidents’ Day, February Even fewer—22% of the college seniors— thus strongly suggests that were also were able to identify ‘‘Government of the in danger of losing America itself. Its 21, 2000—Prepared by Anne D. Neal people, by the people, and for the people’’ as findings should be a wake-up call for and Jerry L. Martin, American a line from the Gettysburg Address—argu- our educators who have been clearly Council of Trustees and Alumni] ably one of the three most important docu- shirking their responsibilities.’’ ‘‘If a nation expects to be ignorant and free, ments underlying the American system of And David McCullough issued this it expects what never was and never will be.’’— government. Thomas Jefferson. Over one-third were unable to identify the succinct condemnation: ‘‘The place U.S. Constitution as establishing the divi- given to history in our schools is a dis- ‘‘[W]e cannot escape history.’’—Abraham Lincoln. sion of power in American government. grace, and the dreadful truth is very Little more than half (52%) knew George few of those responsible for curriculum INTRODUCTION Washington’s Farewell Address warned seem to care, even at the highest level Who are we? What is our past? Upon what against permanent alliances with foreign of education.’’ principles was American democracy founded? governments. These wise men have more than con- And how can we sustain them?—These are What do they know? They get an A+ in the questions that have inspired, motivated, contemporary popular culture. vinced me that this is a national prob- perplexed since the beginning. And they are 99% know who the cartoon characters lem deserving national attention. In questions which still elude our full under- Beavis and Butthead are. that spirit, Senator GORTON and I standing. Yet they underscore a belief that a 98% can identify the rap singer Snoop today are introducing a resolution that shared understanding, a shared knowledge, Doggy Dogg. we hope will help call public attention of the nation’s past unifies a people and en- Beavis and Butthead instead of Wash- to America’s growing historical illit- sures a common civic identity. Indeed, the ington and Madison; Snoop Doggy Dogg in- eracy and ideally begin to mobilize a American system is uniquely premised on stead of Lincoln? How did it come to this? Students and parents are paying $30,000 a national response. This bipartisan reso- the need for an educated citizenry. Embark- ing on the experiment of a democratic repub- year at elite institutions. For what? lution, which is cosponsored by Sen- lic, the founders viewed public education as What Happened to American History? ators BYRD, GORDON SMITH, and central to the ability to sustain a To find out what our nation’s top colleges CLELAND, reaffirms the value we place participatory form of government. ‘‘If a na- and universities demand of students in the on our truly exceptional history and tion expects to be ignorant and free,’’ Thom- area of American history, ACTCA conducted makes an appeal to begin work imme- as Jefferson said, ‘‘it expects what never was a study of graduation requirements at the diately on rebuilding our historical lit- and never will be.’’ same 55 colleges and universities surveyed by eracy. But the importance of a shared memory the Roper organization. These are the insti- Our call goes out primarily to Amer- appears to have lost its foothold in American tutions, such as Harvard and Amherst, which higher education. As we move forward into set the standard for all the rest. (See Appen- ica’s colleges and universities to re- the 21st century, our future leaders are grad- commit themselves to the teaching of dix B.) uating with an alarming ignorance of their For each school, the most recent under- history, particularly America’s na- heritage—a kind of collective amnesia—and graduate course catalog or Internet course tional history. Specifically, it urges a profound historical illiteracy which bodes listing was used to define the graduation re- college trustees, administrators, and ill for the future of the republic. quirements and to determine what history or State higher education officials around There is a widespread, though unspoken as- American history courses are required of the country to review their curricula sumption that, if not all citizens, at least students before they graduate. and reinstate requirements in U.S. his- college graduates—certainly those from the The results are worse than could have been elite institutions—have a basic under- tory. It also encourages students to se- imagined. Students can now graduate from standing of this country’s history and found- 100% of the top colleges without taking a lect colleges with history requirements ing principles. Colleges themselves rarely, if single course in American history. and to take college courses in history ever, test this assumption. The American Novelist Milan Kundera once said that, if whether required or not. Council of trustees and Alumni (ACTA) de- you want to destroy a country, destroy its We also cannot ignore the role of our cided to do so. What do seniors at the na- memory. If a hostile power wanted to erase public schools in contributing to this tion’s best colleges and universities know America’s civic heritage, it could hardly do a historical ignorance, so we must ask and not know about the history of this na- better job—short of actually prohibiting the educators at all levels to redouble their tion? What grade would they receive if test- study of American history—than America’s efforts to bolster our children’s knowl- ed? elite colleges and universities are doing. ACTA commissioned the Roper organiza- More shocking still is that, at 78% of the edge of U.S. history and help us restore tion—The Center for Survey Research and institutions, students are not required to the vitality of our civic memory. This Analysis at the University of Connecticut— take any history at all. The best that can be point was reinforced at our press con- to survey college seniors from the nation’s said is that they are permitted to take his- ference by Mount Vernon Director best colleges and universities as identified tory to satisfy other requirements in such

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6202 CONGRESSIONAL RECORD — SENATE June 30, 2000 areas as social sciences or diversity. Only They fail to recognize the unique nature of quirements in American history and other the fact that many students find history use- our society, and the importance of pre- basic subjects. They should not allow their ful and interesting saves the subject from serving it. They lack an understanding of the degrees to be devalued by a decline in college extinction. very principles which bind our society— standards. It is not surprising that college seniors namely, liberty, justice, government by the Those who give can be especially helpful, know little American history. Few students consent of the governed, and equality under since it is possible to target gifts to out- leave high school with an adequate knowl- the law. standing programs and projects in American edge of American history and even the best As Lynne Cheney has also written, history and civic understanding. The Amer- colleges and universities do nothing to close ‘‘Knowledge of the ideas that have molded us ican Council of Trustees and Alumni has es- the ‘‘knowledge gap.’’ and the ideals that have mattered to us func- tablished a program, the Fund for Academic The abandonment of history requirements tions as a kind of civic glue. Our history and Renewal (FAR), that assists donors, free of is part of a national trend. In 1988, the Na- literature give us symbols to share; they charge, in identifying outstanding programs tional Endowment for the Humanities pub- help us all, no matter how diverse our back- and directing their gifts to support them. licized the first troubling indication that grounds, feel part of a common under- By State and Federal Governments and ac- America was losing its historic memory. taking.’’ crediting agencies NEH issued a report concluding that more What Should Be Done? Consumers in the higher education market than 80% of colleges and universities per- Immediate steps must be taken to ensure cannot make wise choices if they have no in- mitted students to graduate without taking that the memory of our great nation and its formation. Most college guides and rankings a course in American history while 37% of remarkable past is passed on to the next gen- give little or no information about the cur- those institutions allowed students to avoid eration. The following actions should be riculum. The U.S. Department of Edu- history altogether. Now, thirteen years taken by colleges and universities, students cation—and state government for institu- later, as outlined in Appendix B, standards and their families, alumni and donors, state tions in their states—should publish and dis- have fallen further—100% do not require and federal governments, and accrediting seminate a national report on collegiate American history, and 78% require no his- agencies. standards, listing which colleges require tory at all. such basic subjects as English, history, The problem is not limited to history. In By colleges and universities mathematics, and science, and which do not. 1996, the National Association of Scholars Colleges and universities should make improving students’ historical memory and Federal and state governments should tar- issued another seminal report, The Dissolu- get some of the funds from existing grant tion of General Education, which concluded civic competence an urgent priority. Boards of trustees and state agencies with higher programs to support outstanding core cur- that, during the last thirty years, the com- ricula that include American history and mitment of American higher education to education oversight should take steps to ensure that institutions of higher education civics. providing students with a broad and rigorous Accrediting agencies, which have so often have adequate requirements in American exposure to major areas of knowledge has neglected issues of academic quality, should history and history in general. Faculty, virtually vanished. In its stead, students include adequate requirements in American whose personal interest often draws them to pick and choose from a smorgasbord of history and other basic disciplines among specialized topics, should teach what stu- courses that are too often on narrow, spe- their criteria for assessing colleges and uni- dents need to know, not what faculty desire cialized topics. As the widely-acclaimed versities. study by the Association of American Col- to teach. CONCLUSION leges, Integrity in the College Curriculum, The most direct solution is a strong core concluded in 1990: ‘‘As far as what passes as curriculum, with a broad-based, rigorous On this Presidents’ Day 2000, it is indeed college curriculum, almost anything goes.’’ course on American history required of all ironic that many—if not most—of our col- Is it any wonder that students end up with students. The course should include the lege seniors are unfamiliar with and igno- an understanding that is equally narrow, breadth of American history from the colo- rant about the individuals we celebrate. The fragmented, and less than the sum of its nial period to the present, and the long time is ripe for citizens, parents, families parts? struggle to defend liberty against all foes do- and policymakers to demand a renewed ex- In the country that gave birth to Jeffer- mestic and foreign and to expand democratic ploration and examination of our history. It son’s conception of an educated citizenry, rights at home and abroad. Students should is not too late to restore America’s memory. colleges and universities are failing to pro- be required to study the great civic docu- EXHIBIT 2 vide the kind of general education that is ments of the nation, beginning with the Dec- STATEMENTS SUBMITTED IN CONJUNCTION WITH needed for graduates to be involved and edu- laration of Independence, Constitution, the THE CONGRESSIONAL PRESS CONFERENCE ON cated citizens. Bill of Rights, the Federalist papers, and the HISTORICAL ILLITERACY IN AMERICA—JUNE 27, Gettysburg Address. Such a course gives stu- Why Does American History Matter? 2000 dents a sense not only of where the country David McCullough, Historian, West Tisbury, Other than our schools, no institutions has been, but what it has meant. bear greater responsibility for the trans- MA: By students and their families mission of our heritage than colleges and The place given to history in our schools is universities. They educate almost two-thirds The first challenge for students and their a disgrace, and the dreadful truth is very few of our citizens, including all our school families is selecting a college. Some colleges of those responsible for curriculum seem to teachers, lawyers, doctors, journalists, and have strong core curricula that ensure that care, even at the highest level of education. public leaders. They set the admissions and every graduate will be well-grounded in the Anyone who doubts that we are raising a curricular requirements that signal to stu- full range of basic subjects, including Amer- generation of young Americans who are his- dents, teachers, parents, and the public what ican history. Most have loose cafeteria-style torically illiterate needs only to read Losing every educated citizen in a democracy must requirements that let the students choose America’s Memory. know. for themselves. Some no longer even offer Oscar Handlin, University Professor Emeritus, What happens in higher education thus re- traditional, broad-based courses in American Harvard University: lates directly to what happens in K–12. If col- history. History is a discipline in decline. There is leges and universities no longer require their Before selecting a college, students and a profound ignorance not only among stu- students to have a basic knowledge of Amer- their families should look at catalogues, ex- dents but among their teachers as well. This ican civilization and its heritage, we are all amining requirements and course descrip- study [Losing America’s Memory] confirms in danger of losing a common frame of ref- tions and ideally accessing course syllabi on that. erence that has sustained our free society for the web. College is a big investment, and it Lynne V. Cheney, Former Chairman, National so many generations. deserves as much research as any other Endowment for the Humanities: As ACTA chairman and former NEH chair- major purchase. A hot reputation and fancy It is regrettable that over the last decade man Lynne V. Cheney observes, in Telling student center are no guarantee of a solid we have seen a continuing decline in empha- the Truth, ‘‘[I]t is from our colleges and uni- academic program. sis at the college level on core subjects such Students who are already attending a col- versities that messages radiate—or fail to ra- as literature, math, and history. ACTA’s re- lege can make up for colleges’ deficiencies by diate to schools, to legal institutions, to pop- cent report, ‘‘Losing America’s Memory: His- selecting for themselves those courses, in- ular culture, and to politics about the impor- torical Illiteracy in the 21st Century,’’ concluding American history, that will prepare tance of reason, of trying to overcome bias, firms this disturbing trend and underscores a them for successful participation in our civic of seeking truth through evidence and profound historical illiteracy amongst our as well as economic life. Parents should help verification.’’ If our graduates leave school future leaders that bodes ill for the future of their students understand that trendy without knowing the foundations of Amer- the Republic. Sen. Lieberman and Cong. courses that may strike their short-term ican society, children they teach will cer- Petri deserve our praise for raising this im- fancy will not well serve their long-term tainly do no better. portant issue. We must begin to restore It is sometimes said that historical facts needs. America’s memory. If our best and brightest do not matter. But citizens who fail to know By alumni and donors are graduating without a grounding in the basic landmarks of history and civics are un- Alumni should take an active interest in past, we are on our way to losing the under- likely to be able to reflect on their meaning. whether their alma maters have strong re- standing that makes us all feel part of a

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6203 common undertaking, no matter how diverse to make sure our nation’s history is a key dents in the fundamental norms and ideals our backgrounds. part of the curriculum at every level. I ap- we as citizens need to hold in common in John Patrick Diggins, Distinguished Professor plaud Senator LIEBERMAN and Congressman order that this free society endures. of History, The Graduate Center, City Univer- PETRI for their strong commitment and bold Dr. Balint Vazsonyi, Founder and Director, sity of New York: efforts to reverse this trend and to make Center for the American Founding: ‘‘We cannot escape history,’’ Abraham Lin- sure every student knows and appreciates Having grown up in Hungary, in turn under coln warned Americans more than a century our Republic’s rich history. German National Socialist and Russian ago. According to the American Council of James C. Rees, Executive Director, Historic International Socialist terror, I have learned Trustees and Alumni report, students have Mount Vernon: the absolute need of socialists to erase the escaped it and remain happily ignorant of With each year that passes, it becomes national memory as a precondition for dis- their own ignorance in an educational estab- more and more evident that the people en- seminating their own fictitious history. The lishment that has surrendered its mission to tering our gates at Mount Vernon know next so-called National Standards for U.S. His- popular culture. to nothing about the real George Wash- tory demonstrate that the second stage of Gordon Wood, Professor of History, Brown Uni- ington. They usually recognize his image this process is already under way. Alone versity: from the dollar bill, and sometimes they’re clear identification of the ideology that We Americans have a special need to unfamiliar with the age-old myths about the mandates the erasure of national memory derstand our history, for our history is what cherry tree and the silver dollar toss across can provide a meaningful response to the cri- makes us a nation and gives us our sense of the Rappahannock River. But when it comes sis. It is then up to the advocates of that ide- nationality. A people like us, made up of to even the most rudimentary facts—what ology whether they desire continued identi- every conceivable race, ethnicity, and reli- war he was in and when he was president—it fication with it. Incorporating more of the gion in the world, can never be a nation in is incredible how many people draw a blank. current, mostly fraudulent histories in the the usual sense of the term. Instead, we have And it’s not just the kids in grade school curriculum only serves those who have cre- only our history to hold us together; McDon- who have somehow lost touch with George ated the crisis in the first place. ald’s can never do it. It’s our history, our Washington. It is their parents as well. This Marc Berley, President, Foundation for Aca- heritage, that makes us a single people. Up most recent survey of college students con- demic Standards & Tradition: until recently almost every American, even firms our worst fear: that the next genera- While students may not know as much as those who were new immigrants, possessed tion of parents will continue this trend of ig- they should about American history, they do some sense of America’s past, however rudi- norance. To put it as simply as possible, it know what they’re missing. And they want mentary and unsophisticated. Without some would be naı¨ve to think that George Wash- their colleges to do exactly what Senator Jo- such sense of history, the citizens of the ington could be first in the hearts of this seph I. Lieberman and Congressman Thomas United States can scarcely long exist as a generation, because it simply doesn’t know E. Petri are urging. In ‘‘Student Life,’’ a na- united people. and appreciate his remarkable leadership tional survey of 1005 randomly selected col- Theodore K. Rabb, Chairman, National Council and character. lege students conducted by Zogby Inter- for History Education, Professor of History, national and released last week by the Foun- Walter A. McDougall, Pulitzer prize-winning dation for Academic Standards and Tradi- Princeton University: professor of history, University of Pennsyl- Since the focus of the National Council for tion, 8 out of 10 college students said their vania: schools need to ‘‘do a better job teaching History Education (NCHE) is on the improve- The findings of this excellent ACTA report ment of history education in the schools—in- students the basic principles of freedom in are deemed ‘‘shocking.’’ In fact, they are all America.’’ deed, our one postsecondary initiative has too predictable, which is why they deserve Michael C. Quinn, Executive Director, James been to recommend that teachers of history the widest dissemination. Americans simply be certified only if they have a college major Madison’s Montpelier: cannot expect rigorous history instruction in America is forgetting its heritage, and it or at least a minor in the subject—we are their K–12 schools so long as the nation’s not in a position to comment on the findings does matter. The American Council of Trust- elite colleges and universities delete history ees and Alumni has recently taken a survey of Losing America’s Memory except to add from their curricula. our voice to those who are concerned about of college seniors, and has exposed the fail- the growing problem of historical illiteracy Thomas Egan, Chairman of the Board, State ure of our universities to teach our nation’s in the United States. We have long argued University of New York: history. Only 23 percent of the college sen- that history should occupy a large and vital ACTA’s recent report ‘‘Losing America’s iors surveyed could correctly identify James place in the education of both the private Memory,’’ is alarming proof that our grad- Madison as the ‘‘Father of the Constitu- person and the public citizen. As historian uates are failing to receive a strong ground- tion.’’ Why does this matter? It matters be- Kenneth T. Jackson has written, ‘‘Unlike ing in their past. At SUNY, we are pleased to cause the American nation exists through its many people of other nations, Americans are be among the vanguard of university boards heritage. Americans have only one thing not bound together by a common religion or to require U.S. history as part of a core cur- that unites them as citizens: a shared vision a common ethnicity. Instead, our binding riculum demanded of our graduates. Congres- of democracy. Citizens of almost every other heritage is a democratic vision of liberty, sional action today confirms what we have country are united by a shared language, a equality and justice. If Americans are to pre- already concluded: students must be familiar shared religion, a shared geography, or a serve that vision and bring it to daily prac- with their history in order to be engaged shared ethnicity. In America, we join to- tice, it is imperative that all citizens under- participants in the civic life of our nation. gether as a people because of nothing more stand how it was shaped in the past, what Stepeh H. Balch, President, National Associa- than an idea. Yet the idea we share as a peo- events and forces either helped or obstructed tion of Scholars: ple—the constitutional democracy pioneered it, and how it has evolved down to the cir- More than most nations, America is de- by James Madison and other founding fa- cumstances and political discourse of our fined by shared memories. Great deeds, stir- thers—is one of the most powerful ideas on time.’’ Indeed, the office of citizen cannot be ring moments, inspiring heroes, hard-won earth. No other form of government has filled property in today’s democratic society victories, occasional defeats, and, most sig- guaranteed so much individual liberty and without an understanding of American his- nificantly, lofty ideals—declared, attacked, economic opportunity to its citizens. The tory, nor can students afford to go into the and ultimately vindicated—map our collec- failure to teach American history, with its twenty-first century ignorant of the history tive identity. ACTA’s study, ‘‘Losing Amer- lessons of struggle and idealism, of inspiring and culture of other nations. ica’s Memory,’’ thus strongly suggests that leaders like James Madison, is failing our Eugene W. Hickock, Secretary of Education, we are also in danger of losing America nation. Each generation has an obligation to Commonwealth of Pennsylvania: itself. Its findings should be a wake-up call instill the shared idea of democracy into the ACTA’s recent study, Losing America’s for our educators who have been clearly next generation. And American history—the Memory, is deeply troubling for many rea- shirking their responsibilities. story of the birth and success of that vision sons. The findings suggest to me that the Candace de Russy, Member of the Board, Chair- of democracy—makes our shared idea a last- teaching of our nation’s history has taken a man, Academic Standards Committee, State Uni- ing, meaningful part of every new citizen’s back seat in our elementary and secondary versity of New York: life. schools, likely replaced by failed fads or As part of their duty to ensure the aca- The PRESIDING OFFICER. The trends that have permeated our education demic excellence of their institutions, the question is on agreeing to the man- system for decades. But, we cannot expect K– nation’s higher-education governing boards agers’ amendments Nos. 3700 through 12 education to take full responsibility; our are beginning to promote U.S. history re- 3731. higher education institutions often have requirements. We trustees of the State Univer- The amendments (Nos. 3700 through placed the study of our American culture sity of New York have accomplished this by 3731), en bloc, were agreed to. with watered down programs and curricula mandating the study of American history as Mr. SPECTER. Mr. President, if that focus more on our popular culture. It is part of a larger core curriculum which all time for Americans from all walks of life— SUNY undergraduates must now pursue. there is any issue about the pendency parents, educators, students, and local, This mandate is consonant with our deter- of the Baucus amendment, I think it is state, and national leaders—to step up their mination to raise academic standards. It also in the managers’ package. I ask unani- efforts to reverse this disturbing trend and reflects our commitment to help ground stu- mous consent to vitiate the request for

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6204 CONGRESSIONAL RECORD — SENATE June 30, 2000 the yeas and nays on the Baucus islation last year, S. 976, the Compas- HCFA COVERAGE CHANGE amendment. sionate Care Act, cosponsored by Sen- Mr. HOLLINGS. Mr. President, I rise The PRESIDING OFFICER. Without ator LIEBERMAN, that recognizes the today to discuss an issue of importance objection, it is so ordered. critical need for adequate training in to the people of South Carolina with Mr. SPECTER. Mr. President, par- restraint use and alternatives to their my colleagues from Pennsylvania and liamentary inquiry. Are we now ready use. The Compassionate Care Act was Iowa. for third reading? passed by the Senate unanimously last In January of 1999, South Carolina Mr. GRAMM. Mr. President, I renew year as part of the reauthorization of enhanced its Medicaid drug program to my point of order. the Substance Abuse and Mental provide eligible adults with four pre- The PRESIDING OFFICER. The Sen- Health Services Administration scriptions a month instead of three. ator from Texas raises his point of (SAMHSA) legislation and it is my This was a much needed change that order. The point of order is sustained. hope that the House of Representatives HCFA had encouraged South Carolina TRAINING NEEDS FOR APPROPRIATE USE OF will soon act on this important legisla- to make over a number of years. Unfor- SECLUSION AND RESTRAINT tion. tunately, South Carolina improperly notified HCFA of the coverage change. Mr. LIEBERMAN. Will the Chairman Meanwhile, however, it would appear Instead of filing a State Plan amend- of the Labor Health and Human Serv- to me that there are nationally based ment, South Carolina distributed a ices Appropriations Subcommittee consumer organizations that could Medicaid Bulletin to relevant parties— yield for a question? make an important contribution to the including three officials at HCFA’s At- Mr. SPECTER. I will be pleased to development of model training and lanta regional office, believing that to yield for a question from the Senator education programs that could effec- be sufficient. The South Carolina De- from Connecticut. tively serve to lessen the inappropriate partment of Health and Human Serv- Mr. LIEBERMAN. First, I want to use of restraint and seclusion. compliment the chairman and the ices brought their oversight to HCFA’s Mr. SPECTER. Yes. It seems to me attention. South Carolina and HCFA ranking member, Mr. HARKIN for bring- that such groups would be strong coming this bill to the Senate in a very are currently involved in discussions petitors for an education and training regarding whether South Carolina timely way and for the committee’s at- demonstration grant. tention to the several health programs should receive federal funds for 4th pre- MEDICARE CONTRACTOR FUNDING funded by this Bill that very broadly scription expenditures that occurred benefit the entire Nation. Mr. CRAIG. I am concerned about the between January 1, 1999 and September I also want to compliment the chair- funding level for Medicare contractors. 30, 1999. man and the ranking member for the The Senate committee mark reduces At this time, a legislative remedy committee’s report language from last the FY 2001 funding level by $57 million does not appear necessary to allow year that urged the Department of below the President’s Budget rec- HCFA to impose suitable fines on Health and Human Services to address ommendation. I believe that this fund- states that provide notice of Medicaid the inappropriate use of seclusion and ing reduction will adversely impact coverage changes but do not properly restraint in mental health facilities fee-for-service claims processing ac- file State Plan amendments. I am en- across the Nation that has resulted in tivities and the ability of contractors couraged by the response officials in South Carolina have received from tragic and unnecessary deaths and in- to provide critical beneficiary and pro- HCFA and hopeful that a resolution juries. The committee’s language has viders services. can be reached in a manner agreeable helped focus attention on this matter In the recent past, we have seen the to all parties. Nevertheless, I wanted to and progress has been made. For exam- effect inadequate funding levels can bring this matter to the attention of ple, the Health Care Financing Admin- have on services. In 1998 payments were the distinguished chairman and rank- istration (HCFA) has issued interim slowed down, and beneficiaries and pro- ing member of the subcommittee and ‘‘conditions of participation’’ rules viders were forced to deal with more inform them that I may revisit this governing the use of restraints and se- voice mail rather than human beings when they called their contractors issue at a later date if necessary. clusion in facilities receiving Medicare Mr. SPECTER. I thank my colleague and Medicaid reimbursement. I thank with questions about claims. We need to fund this program adequately to en- from South Carolina for bringing this the committee for its assistance in matter to my attention. I too hope making progress on this matter. sure beneficiaries get the service they deserve. that South Carolina and HCFA can re- Mr. President, what we have learned solve their difference, but would be Mr. DORGAN. I want to make it from the National Mental Health Asso- willing to discuss the matter in the fu- clear that funding to assure the timely ciation, the Child Welfare League, and ture if an agreement cannot be and accurate processing of Medicare my own states Klingberg Center is that reached. a significant obstacle to making fur- claims also is a high priority for me Mr. HARKIN. I agree with the com- ther progress is the high turnover rate and the beneficiaries in my state. ments of the chairman. in many of the mental health facilities I am concerned that HCFA projects a Mr. HOLLINGS. I thank the distin- across the country and the recurring 3.5 percent increase in claims volume guished chairman and ranking member need to provide training to new per- next year and yet our budget flatlined of the subcommittee for their atten- sonnel in these facilities on the appro- funding for Medicare contractors. How- tion to this matter and will keep them priate use of seclusion and restraint. ever, I am even more concerned that appraised of future developments. To address this national problem, the House has cut the Medicare con- MEDICARE INTEGRITY PROGRAM would the Chairman support funding a tractor budget by $79 million from cur- Mr. HARKIN. I am very concerned demonstration project for model train- rent levels. The Senate, at the very about the proposed $50 million funding ing and education programs for the ap- least, must assure that this important cut to the Medicare Integrity Program propriate use of restraints? program is not cut. Additionally, I (MIP) approved by the House Appro- Mr. SPECTER. I thank both Senators would like to work with Senator CRAIG priations LHHS Subcommittee. The DODD and LIEBERMAN for their work in to secure additional funding for the Senate has recommended that MIP be bringing this matter to our attention Medicare contractors, if funds become funded at $680 million, the amount au- and I would certainly support such a available. thorized in HIPAA. demonstration. Mr. SPECTER. I understand the In 1999, Medicare contractors saved Mr. LIEBERMAN. I thank the Chair- issues both Senators are raising and the Medicare Trust Funds nearly $10 man for his continuing leadership on the importance of adequately funding billion in inappropriate payments— this matter. the Medicare contractor program. I about $18 for every dollar invested. Any Mr. DODD. I would like to also thank will work with my two colleagues to funding cut to MIP is tantamount to the Chairman and the Ranking Member try to keep the Senate funding level is the government throwing money out a for their assistance on this issue which kept intact and that no funding cut is window. In fact, I believe, because of has been of particular concern in my made to the Medicare contractor pro- the tremendous need to reduce an esti- state. In fact, I worked to develop leg- gram. mated $14 billion in Medicare waste, we

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6205 should increase MIP funding. There- care providers. Would you agree that fected. But I am optimistic about a fore, I will work hard to ensure that such a program would help improve the cure. HD research is advancing rapidly the Senate funding level for this im- overall quality of care of our elderly and could be the Rosetta stone to portant program is not compromised. population? treatments for Alzheimer’s Parkin- It should be higher, not lower. Mr. SPECTER. Mr. President, I son’s, and other neurodegenerative dis- Mr. GRASSLEY. I’ve long been com- would like to thank the Senator from orders that together strike millions of mitted to the effective and efficient Ohio for his kind remarks and his dedi- people and their families. management of the Medicare program, cation on this most important matter. I am also hopeful that through public specifically the detection of fraud and I, too, would agree that such an initia- and private medical research funding, abuse. I supported the creation of the tive would be most valuable. we will soon approach a better under- MIP program, established under Mr. DEWINE. Mr. President, I appre- standing of, and perhaps even a cure HIPAA, to provide a stable and increas- ciate the comments from the gen- for, this terrible disease. Researchers ing funding source for fraud and abuse tleman from Pennsylvania and would at the University of Pennsylvania are detection efforts. Prior to MIP, Medi- ask that the Chair support the program part of this effort. The federal govern- care contractor funding for anti-fraud in the upcoming conference with the ment clearly has a significant role to and abuse activities was often reduced House of Representatives. play in this struggle. In Fiscal Year because of other spending priorities in Mr. SPECTER. Mr. President, I con- 1999, the National Institute of Neuro- the annual appropriations process. MIP sider the interests of older Americans, logical Disorders and Stroke at the Na- was created to prevent that from hap- particularly the issue of ensuring qual- tional Institutes of Health (NIH) dedi- pening again. The House Appropria- ity health care, to be among the most cated $62.5 million to Huntington’s Dis- tions Committee recommendation is in important matters that come before ease research. Also commendable is the clear disregard of congressional intent. the subcommittee. The gentleman commitment of the Huntington’s Dis- Additionally, I am concerned about from Ohio has my commitment to sup- ease Society of America (HDSA), which the Senate Appropriations Committee port the project in conference. this year will allocate an estimated recommendation to flatline the Medi- HUNTINGTON’S DISEASE $2.8 million to research in this area. care contractor budget. HCFA re- Ms. MIKULSKI. Mr. President, I rise Ms. MIKULSKI. The people of Mary- quested a $57 million increase to the today with the Chairman of the Senate land appreciate this support by the Medicare contractor budget, in part to Appropriations Subcommittee on the NIH and laud your and Senator HAR- ensure implementation of certain bal- Departments of Labor, Health and KIN’s leadership in doubling the NIH anced budget amendment provisions. Human Services, and Education to dis- budget over five years. I am very pleased to join you in this worthy en- Without this money, I am told by cuss a fatal brain disorder called Hun- deavor. We are proud to have an HDSA HCFA, that the final provisions of BBA tington’s disease. This genetic ailment, Center of Excellence in Maryland, at will not be implemented. It doesn’t which has no cure, has afflicted ap- Johns Hopkins University and Johns make much sense to pass laws, if we proximately 30,000 Americans, and over Hopkins Hospital. Johns Hopkins also don’t provide the funding to ensure 150,000 more people in our country are receives funding from NIH to conduct their implementation. at risk. In my state alone, it is esti- Huntington’s disease research. How- Mr. SPECTER. Please rest assured mated that over 500 people have Hun- ever, I believe additional resources are that during conference, I will try to tington’s, and another 4,742 are at risk. needed to fund important HD research. keep MIP funding at the Senate rec- Also known as ‘‘HD,’’ the illness is like I am concerned that the current health ommended level of $680 million. I un- a cross between Alzheimer’s disease appropriations bill does not provide derstand the importance of the MIP and Parkinson’s disease. Everybody guidance to the NIH on HD funding and program to the integrity of the Medi- with the defective gene will become ill, research priorities. care Trust Funds and will work with slowly losing the ability to walk, talk, Mr. SPECTER. I understand the Sen- my colleagues to ensure full funding of eat, and reason and eventually dying ator’s concerns. The Committee has in- this program. from choking, infection, or heart fail- cluded nearly $1.2 billion in this year’s Regarding the Medicare contractor ure. HD strikes both sexes, all appropriations bill for the National In- budget, I am committed to the Senate ethnicities, and sometimes even chil- stitute of Neurological Disorders and Appropriations Committee funding rec- dren. In addition, each child of a parent Stroke, NINDS. This is a significant in- ommendation of $1.244 billion and will with HD has a 50/50 chance of inher- crease over the FY00 level. I believe work in conference to keep the Sen- iting the gene. that the NINDS, and the NIH gen- ate’s funding level. One family that has been struck by erally, devote additional resources to OUTREACH SERVICES the terrible realities of Huntington’s Huntington’s disease research in FY Mr. DEWINE. Mr. President, as disease is the Mason family of Balti- 2001. I also believe that the NINDS Chairman of the Aging Subcommittee I more, Maryland. Troy Mason was once could increase support for the centers would like to take this opportunity to the agile quarterback on his high of excellence and other programs devel- compliment the Chairman of the school football team. Today at age 36, oped by the Huntington’s Disease Soci- Labor, Health and Human Services, Mr. Mason uses a wheelchair and can ety for the care of HD patients. Education Appropriations Sub- only walk a bit and speak some words. Ms. MIKULSKI. I thank the Chair- committee, Senator SPECTER, for his His wife, Rosemary, is his full time man for his attention to Huntington’s efforts to address the needs of Amer- caregiver. Troy and Rosemary’s two disease. To eliminate this horrible ill- ica’s aging population. At this time, I children have a 50/50 chance of inher- ness and others like it we must build would like to engage the distinguished iting the HD gene. Not only does Mrs. and strengthen the partnership be- chairman in a colloquy. Mason care for her husband, but she tween the federal government, aca- Mr. President, there is a lack of un- also cares for her mother who suffers demia, and private organizations. I derstanding of what constitutes the from HD. This means that Mrs. Mason wish to thank the Distinguished Sen- best outreach and professional services also has a 50/50 chance of inheriting the ator from Pennsylvania for his assist- for our elderly population. I am pleased HD gene. Mrs. Mason not only has to ance. I yield the floor. to report that Ohio is taking the lead face the incredible daily stresses and STRATEGIC PLAN FOR PKD in providing quality health care profes- strains of caregiving, but must also Mr. SANTORUM. Mr. President, I sionals to the provider community. In face the possibility that she and her wonder if my distinguished colleague, particular, the Geriatric Nursing Pro- children may someday have Hunting- the senior senator from Pennsylvania, gram at the University of Akron has ton’s disease themselves. This Balti- would answer a few questions on fund- been recognized as the top such pro- more family is courageously fighting ing for research regarding polycystic gram in the United States. They are Huntington’s disease, but they need kidney disease? most interested in identifying and de- our help. Mr. SPECTER. I would be happy to veloping best practices in elder care Mr. SPECTER. I am familiar with answer questions on this issue. that can be disseminated nationally for the horrible effects of Huntington’s dis- Mr. SANTORUM. I thank the Chair- use by other institutions and health ease. In my state, 1,200 people are af- man. I know that you are very much

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6206 CONGRESSIONAL RECORD — SENATE June 30, 2000 aware of the devastation caused by strabimus, a loss of three dimensional tistics, the Agency for Health Care Pol- polycystic kidney disease, better vision and a severe reduction in visual icy and Research, the National Insti- known as PKD. Our colleagues may be acuity, due to the abnormal develop- tute of Child Health and Human Devel- interested to know that this disease af- ment of the retina and optic pathways. opment, Administration for Children flicts over 600,000 Americans, which is There are five diseases relating to Ocu- and Families, Maternal and Child more than the combined total of cystic lar Albinism including Fundus Health Bureau, Office of the Assistant fibrosis, Huntington’s disease, sickle Hypopigmentations, Macular Secretary for Planning and Evaluation, cell anemia, hemophilia, muscular dys- Hypoplasia, Iris Transillumination, and Bureau of Labor Statistics to en- trophy and Down’s syndrome. That Visual Pathway Misrouting and Nys- hance research in this area. According translates into an average of almost tagmus to the Inter-Agency Forum on Child 1400 sufferers in each congressional dis- Mr. SPECTER. Ocular Albinism is and Family Statistics, of which all trict, or 12,000 in each state. one of the many diseases being re- these agencies are a member of, regu- PKD is the most prevalent life- searched by the NIH. This is why I have larly collected data are needed that de- threatening genetic disease, and is the been pressing for a doubling of funding scribe children’s living arrangements, third leading cause of kidney failure, for NIH and have included a $2.7 billion and interactions with parents and resulting in almost $2 billion spent increase in funding in this bill. guardians, including non-residential every year to treat end-stage renal dis- Mr. BROWNBACK. In consideration parents. In addition, regularly-col- of the severity of this disease and the ease requiring dialysis or transplan- lected data are needed on how many paucity of current NIH sponsored re- tation. End-Stage Renal Disease is the children live with biological parents, search I would certainly hope that the fastest growing part of Medicare, and I step-parents, and adoptive parents, or NIH will develop and fund a research know we are all looking for ways to with no parent or guardian. initiative in cooperation with the Na- strengthen that important program. Mr. SPECTER. Senator BROWNBACK, I Mr. President, I would like to ask the tional Eye Institute in to the causes of appreciate the work that you have put Chairman if, in the context of the fund- the treatments for Ocular Albinism into this, and look forward to working and related Disorders. ing provided to the National Institutes with you on appropriate language Mr. SPECTER. I agree with my col- of Health in this bill, could he tell us which may be included in the Labor- league and thank him for brining it to your intentions with regard to PKD re- the attention of the Senate. HHS conference report. search? Mr. BROWNBACK. I thank the Chair- Mr. BROWNBACK. I thank the sub- Mr. SPECTER. As the Senator man of the Subcommittee and com- committee chairman. Mr. Chairman, I knows, we are entering the third year mend him for his understanding of the should add that there are many sources of a bipartisan effort to double funding importance of this issue. of information that only the federal for the NIH. Within that budget, we government has the means and re- have been able to provide significant FEDERAL FAMILY STATISTICS Mr. BROWNBACK. Mr. President, I sources to tap effectively. Gathering increases in the budget for the Na- rise today to engage in a brief, but im- this data may also prove helpful in re- tional Institute of Diabetes and Diges- portant colloquy with the distin- ducing health care costs, strengthening tive and Kidney Diseases. families, and improving the health and It is my hope and intention that, guished chairman of the Labor-HHs subcommittee of the Appropriations well-being of children. with these additional funds, NIDDK Mr. SPECTER. I thank my colleague Committee, Senator SPECTER. I appre- will fully implement the Strategic from Kansas for his work on this issue. ciate his willingness to engage in this Plan for PKD put forward by a panel of Mr. BROWNBACK. I thank the Chair- colloquy, and his commitment to en- blue-ribbon experts which they con- man. suring that the federal government vened in 1998. These expert scientists does the best possible job in gathering STRENGTHEN OUR SISTERS and doctors have stated that, with a vital information on family structure Mr. TORRICELLI. Mr. President, I total PKD research budget of $20 mil- and function. rise to ask the distinguished managers lion, which we provide in this bill, they It has been said that the family is of the bill if they would consider a re- are confident that a treatment for PKD the cornerstone of civilization. Cer- quest I have concerning the conference. can be achieved in the very near fu- tainly, the evidence we have suggests Mr. SPECTER. I would be happy to ture. In fact, I am very heartened by that family structure is one of the consider a request from by colleague recent reports indicating that a drug most fundamental indicators of child from New Jersey. currently used to treat cancer has been health and well-being. Strong families Mr. TORRICELLI. I rise in support of shown to actually stop the progression are positively linked to child physical, Strengthen Our Sisters, a non-profit, of PKD in laboratory animals. This dis- emotional and psychological health, tax-exempt shelter in West Milford, covery, coupled with statements from social adjustment, academic com- New Jersey that has provided homeless our leading genetic researchers to the petence, and positive behavior. In fact, and battered women and children with effect that PKD is the most rapidly ad- the more we study family structure safe shelter and supportive services vancing area of genetic research, con- and function, the more information we since 1988. The mission of Strengthen vinces me that the additional funds glean about children’s health risks, and Our Sisters is to help women and chil- provided in this bill will allow NIDDK challenges to their well-being and de- dren break the cycle of domestic vio- to produce a treatment and eventual velopment. lence and homelessness, which, if un- cure for this devastating disease. Unfortunately, there is vital data checked, is passed from one generation May I say to my colleague that I in- that is not currently being gathered re- to the next. To date, Strengthen Our tend to do everything in my power to lating to family structure and func- Sisters has experienced great success ensure that NIDDK implements the tion. This is not merely my opinion, in fulfilling its mission as evidenced by Strategic Plan for PKD. This bill pro- but the statement of the Federal Inter- its remarkable growth. While in 1988, vides the budgetary means to do that, Agency Forum on Child and Family Strengthen Our Sisters started with an and I will be following up with NIDDK Statistics, which declares that impor- annual budget of less than $36,000, this on the disposition of those funds. tant information on child living ar- year’s budget stands at $1.3 million. Mr. SANTORUM. I thank my es- rangements, family structure, and fam- Strengthen Our Sister’s continued teemed colleague for his help in this ily interaction, is falling through the growth is a result of their dem- matter. cracks, and recommends expanded and onstrated expertise in management and OCULAR ALBINISM enhanced data-gathering in these dedicated and knowledgeable staff. Mr. BROWNBACK. I rise today to areas. Without such data, we are at a As a way to help more women, bring to the attention of the senate the disadvantage in determining the root Strengthen Our Sisters would like to serious disease Ocular Albinism. Ocular causes of both youth well-being, and expand the service their program offers Albinism is an x-linked genetic dis- youth challenges, and addressing them for older women. In 1998, Strengthen order affecting 1 in 50,000 American effectively. Our Sisters served four women over age children, mostly males. Affected pa- It is therefore vital that we encour- fifty-five, a number that jumped to tients show photophobia, nystagmus, age the National Center of Health Sta- fourteen in the span of less than a

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6207 year. The older women they serve often education and illiteracy. In fact, I filed with respect to the comprehensive arrive with long histories of abuse that an amendment to S. 2, legislation school reform program. In conference requires special services related to do- crafted to reauthorize the Elementary with the House, I will make every ef- mestic violence, drug and alcohol ad- and Secondary Education Act, that fort to work with the Conferees to pro- dictions, unemployment and mental would have more than doubled funding vide adequate resources for the CSRD. health. Indeed, the need for assistance for this important program. Unfortu- Mr. HARKIN. I agree that the com- naturally increases as we grow older. nately, this bill has been set aside. prehensive school reform program has And, adding life changing cir- Mr. BINGAMAN. The notion of sys- had a positive impact in many of our cumstances such as abuse, homeless- tematic, comprehensive reform is in- schools. As the bill moves to con- ness and physical challenges to the herently appealing because rather than ference, I will work with Chairman equation increases the need for assist- piecing together discordant or incom- SPECTER to restore funding for this ance exponentially. Thus, Strengthen patible pieces of change, these ap- program. Our Sisters would like to expand the proaches provide a holistic and coordi- RELIEF FOR DISPLACED COAL WORKERS IN services its program offers to address nated plan of action to improve stu- INDIANA COUNTY, PENNSYLVANIA the needs of senior women in a com- dent achievement and outcomes. I Mr. SANTORUM. Mr. President, I prehensive and integrative manner know that a number of research-based have sought recognition to discuss that focuses on helping them attain ap- models of comprehensive school reform with Chairman SPECTER the plight of propriate shelter, resources and advo- have been developed in recent years, nearly 1,000 displaced coal workers in southwestern Pennsylvania. As Sen- cacy services. and one that I am familiar with and The work of Strengthen Our Sisters which has spurred great progress ator SPECTER is aware, these employees is an appropriate focus for the Com- across New Mexico is the Success for of Consol Coal have recently lost their mittee because domestic violence is a All program. jobs and have sought federal assistance national epidemic. Expanding the Success for All is serving about 1550 to provide a wide variety of adjustment Strengthen Our Sisters program to elementary schools in 48 states, and is assistance services including occupa- help senior women could be a model for also assisting related projects in five tional skills training, career plan de- shelters across the country that are other countries. Fifty schools in New velopment, and job search assistance. Mexico have adopted this program with As my colleague knows, the Com- confronting similar problems and popu- great results. monwealth of Pennsylvania had relation trends. Mr. LUGAR. Success for All is an ex- quested over $12 million in an emer- Mr. SPECTER. In the past, we have emplary research-based reform pro- gency grant application that was sub- faced difficult choices in making a de- gram. I have spent time with Dr. mitted to the U.S. Department of termination of funding priorities and Slavin, who developed this program at Labor. In addition to the services al- this year promises to be no exception. Johns Hopkins, and I have been vis- ready mentioned, needs-related pay- We are aware of the request by iting Success for All schools in Indi- ments were requested in order to pro- Strengthen Our Sisters and commend ana. The results in these schools are so vide income support to workers who their efforts toward expanding its pro- promising that I have written to every participated in retraining activities. gram to serve more women in need. In superintendent in Indiana urging them These payments are essential as they conference, we will keep in mind your to take a look at the program. provide a modest source of income for request as well as those with similar The discipline and accountability of the workers while they are pursuing meritorious characteristics and goals. Success for All greatly reduce the pos- additional skills and education in order Mr. TORRICELLI. I thank my distin- sibility that students will fail. By to prepare for a new vocation. Unfortu- guished colleague for his assistance teaching children to read in the early nately, the Department of Labor only with this matter. I am thankful for the grades, our schools can avoid holding funded a portion of the request, indi- Committee’s acknowledgment of the students back, promoting them with cating that needs-related payments expertise and dedication that Strength- insufficient ability or transferring could not exceed 25 percent of the total en Our Sisters brings to helping our them out of the normal curriculum to application. However, in the past the most vulnerable population and I hope special education courses. Referrals to Department has not held similar appli- that funding for this important organi- special education in Success for All cations to the same standard. In fact, I zation can be found in conference. schools have been shown to decrease by have been made aware of a grant award COMPREHENSIVE SCHOOL REFORM FUNDING IN approximately 50 percent. In schools for mine workers who requested needs- LABOR HHS APPROPRIATIONS BILL where Success for All is taught, stu- related payments in excess of 70 per- Mr. BINGAMAN. Senator Lugar, I dents learn to read by the end of the cent of the total grant application. know you’re aware of the tremendous third grade. By the fifth grade, stu- Knowing of the need of these dis- good that the Comprehensive School dents in these schools are often testing placed coal workers and the inconsist- Reform program (CSRD) has intro- a full grade level ahead of students in ency of the Department of Labor in duced to many struggling schools with other schools. awarding funds, I ask that Chairman high proportions of disadvantaged stu- Mr. BINGAMAN. It is clear that as SPECTER work with me in the coming dents, and the potential that the pro- we seek ways to assist resource-poor weeks to identify appropriate funds in gram offers for the numerous schools and failing schools, we should increase the Department of Labor’s budget to that desire to implement comprehen- support for research-based proven pro- support these workers as they prepare sive reform in their buildings. While I grams like Success for All. The House for new careers. recognize the considerable task of bill included the amount requested by Mr. SPECTER. Mr. President, I want Chairman SPECTOR and Ranking Mem- the Administration—$240,000,000—for to thank my friend, the Senator from ber HARKIN in accommodating the this program and I know that Senators Pennsylvania, for his comments. He great number of priorities funded in SPECTER and HARKIN are supporters of has been a tireless advocate of the coal the FY’01 Labor-HHS-Education appro- the program. So, I’d like to encourage workers in Indiana County, and I ap- priations bill, it concerns me that the the Senators to include funding for it plaud his efforts on their behalf. bill before us provides no funds for the as the bill moves to conference. Fund- I, too, am well aware of the situation CSRD—a tremendously popular and ef- ing at this level would allow approxi- being faced by the former employees of fective program. mately 2,250 schools to receive new Consol Coal and wrote to the Depart- Mr. LUGAR. I agree that few areas of grants and continue support for 1,025 ment of Labor on January 31, 2000 to our education funding can have a more schools currently using such funds to urge that federal retraining funds be positive impact on education in Amer- carry out research-based school re- made available. As my colleagues are ica than the CSRD. This program is a forms. It is my hope that we can work aware, we face tight budget constraints key tool for helping struggling schools together as the bill moves through the in this legislation. I will continue adopt important reforms. Good reform appropriations process to fund this suc- working with my colleague from Penn- programs are a bargain for our schools cessful program. sylvania in the coming weeks in an ef- and our children when we compare Mr. SPECTER. Senators LUGAR and fort to identify sources of funding that their costs to that of retention, special BINGAMAN make some very valid points may be available for this purpose.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6208 CONGRESSIONAL RECORD — SENATE June 30, 2000 GRADUATE MEDICAL EDUCATION PROGRAM There being no objection, the letter hood diseases as well as the treatments Mr. MACK. Will the Chairman of the was ordered to be printed in the for these diseases. Researchers will di- Labor, Health and Human Services and RECORD, as follows: rect their efforts toward the prevention Education Appropriations Sub- CONGRESS OF THE UNITED STATES, and cure of environmental, genetic and committee yield for a question? Washington, DC, April 27, 1998. cellular diseases of infants and chil- Mr. SPECTER. I will be pleased to Hon. DONNA SHALALA, dren. yield to the Senator from Florida for a Secretary of Health and Human Services, The hospitals in central New Jersey question. Washington, DC. birth nearly 20,000 babies each year. Mr. MACK. I was most pleased to see DEAR SECRETARY SHALALA: The purpose of The founding of the Child Health Insti- that the Senate report accompanying this letter is to bring to your attention re- tute has created an extraordinary this bill urged the Department to act port language included in the Balanced Budget Act of 1997 (P.L. 105–33) and to re- health care resource for these hospitals in a timely manner to issue a Notice of and the patients they serve. The new Proposed Rule Making to include psy- quest implementation of the language at the earliest possible date. The language stated: Children’s Hospital at Robert Wood chology into the Graduate Medical ‘‘With regard to graduate medical education Johnson University Hospital is sched- Education program. As you know, the payments, the Committee also notes that uled to open in 2000 and the Child Senate Finance Committee and the the Secretary reimburses for the training of Health Institute in 2001. Together these House Ways & Means Committee have certain allied health professionals, and urges institutions will provide state of the been working with the Department of the Secretary to include physician assistants art clinical and scientific research and Health and Human Services on this and psychologists under such authority.’’ The Graduate Medical Education (GME) treatment complex to serve children matter since 1997. Both the Conference and their families, not only in New Jer- Report on the Balanced Budget Act of program currently supports the training of 13 allied health professions including hos- sey, but throughout the nation with 1997 (Report 105–217 issued on July 30, pital administration, medical records, x-ray cutting edge care and the latest sci- 1997) and the Conference Report on last technology, dietetic internships and inhala- entific developments. year’s Omnibus bill (Report 106–479 tion therapy. We believe the cost of includ- At maturity, the Child Health Insti- issued on November 18, 1999) urged the ing two additional health professions in the tute is also expected to attract be- Department to act favorably on this GME program, as recommended by the Sen- tween $7 and $9 million of new research matter. In fact last year’s Conference ate Finance Committee and the House Ways and Means Committee, would be small and funding annually with the total eco- Report urged the Secretary to issue nomic impact on the New Brunswick Notice of Rule Making to accomplish offset by the additional benefits to patient care. area estimated to be $50 to $60 million this modification before June 1, 2000. In our view, including psychologists and per year. This facility has also already Mr. President, we thank you for in- physicians assistants in the GME program attracted the private funding of two cluding language in your report—Re- would be of significant benefit to Medicare endowed professorships designed to port 106–292—to further support this ef- patients. For example, there is an excellent allow recruitment of world-class fac- fort. I am saddened to report that the program at the University of Florida where ulty. advice the Appropriations Committee clinical psychologists, working in Shands Teaching Hospital, treat a variety of individ- Mr. President, funding for the Uni- has given the Secretary is being given versity of Medicine and Dentistry’s little notice, just like all the previous uals with medical and psychological dis- Child Health Institute in this bill requests to her on this matter. Mr. orders. This program operated at and supported financially by Shands University Hos- would be entirely appropriate under President, at this point, I would re- pital contributes significantly to patient the Health Resources and Services Ad- quest unanimous consent that a letter care and is the kind of program the Con- ministration account. It would be I wrote to Secretary Shalala, along ference Committee considered appropriate money well spent. I ask the Chairman with Senator GRAHAM, Congressman for GME reimbursement. to consider providing $5 million for the SHAW, and Congresswoman THURMAN We look forward to hearing from you re- completion of the Child Health Insti- on April 27, 1998 be published in the garding early implementation of the Con- tute. RECORD, following this colloquy. ference language. Mr. SPECTER. I thank my colleague Mr. President, many letters have Sincerely, for his comments. We have received nu- been written to the Secretary and Hon. CONNIE MACK, U.S. Senator. Nancy Ann Min DeParle, the Adminis- merous requests for funding of health Hon. BOB GRAHAM, facilities. In the past, we have faced trator of the Health Care Financing U.S. Senator. Administration, on this subject. Lan- difficult choices in making a deter- Hon. E. CLAY SHAW, mination of funding priorities and this guage has been included in two Fi- Member of Congress. year promises to be no exception. We nance/Ways & Means Conference Re- Hon. KAREN L. THURMAN, ports on this subject. Language has Member of Congress. are aware of the request by the Child been included in the L–HHS Report. CHILD HEALTH INSTITUTE OF THE UNIVERSITY Health Institute and commend their ef- Despite all of these urgings, the desired OF MEDICINE AND DENTISTRY OF NEW JERSEY- forts toward enhancing its research result has not been produced. Would ROBERT WOOD JOHNSON MEDICAL SCHOOL and service capacity. In Conference, we the Chairman of the Subcommittee Mr. TORRICELLI. I rise for the pur- will keep in mind your request as well consider including bill language in the pose of engaging the Chairman, Mr. as those with similar meritorious char- final bill mandating this action if the SPECTER, in a colloquy. acteristics and goals. Department has not issued the Notice Mr. SPECTER. I’d be happy to join ANTIMICROBIAL RESISTANCE of Proposed Rule Making by the time my colleague from New Jersey in a col- Mr. COCHRAN. It is my under- the Subcommittee goes to Conference loquy. standing that, in view of the pressing with the House. Mr. TORRICELLI. I would like to need to deal with both infectious dis- Mr. SPECTER. I would be pleased to take this opportunity to express my eases and antimicrobial resistant dis- look at this matter between now and support for a very important initiative eases, the Chairman will agree that in the time of Conference. to both myself, the State of New Jer- conference there will be a total of at Mr. GRAHAM. I understand that the sey, and the Nation. The University of least $25 million in new funds to deal Health Care Financing Administration Medicine and Dentistry of New Jersey with the problem of antimicrobial re- has now cleared the NPRM, but there (UMDNJ)-Robert Wood Johnson Med- sistance and that the total to deal with are other Departmental Agencies who ical School has developed the Child other infectious diseases will be at now have questions about issuing the Health Institute (CHI) of New Jersey— least at the level included in the Sen- NPRM. I also concur with my colleague a comprehensive biomedical research ate bill prior to the amendment. Senator MACK, that this issue has re- center focused on the development, Mr. SPECTER. That is correct. mained unresolved for too long, and I growth and maturation of children. Mr. KENNEDY. I commend my col- also believe it would be appropriate to The mission of the Institute is to im- leagues, Senator SPECTER and Senator include language to mandate this prove the health and quality of life of COCHRAN, for their leadership in having change. children by fostering scientific re- reached agreement on this important Mr. MACK. I thank the Chairman for search that will produce new discov- issue. The resources provided under his response to our inquiry. eries about the causes of many child- this agreement are an important first

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6209 step in addressing the critical problem ing this issue before the Senate. I sup- LOW-INCOME HOME ENERGY ASSISTANCE of antimicrobial resistance. I look for- port what she is trying to do, and I PROGRAM ward to continuing to work with my think we can accomplish it through Mr. WELLSTONE. I rise in hope that colleagues on this important issue as language in the conference report rath- Chairman SPECTER and Ranking Mem- the Senate considers the legislation on er than as an amendment to the bill ber HARKIN of the Labor-HHS Appro- infectious diseases, antimicrobial re- itself. I assure her that I will work to priation Subcommittee will engage in sistance and bioterrorism that I have include such language in the report. a colloquy with myself and Senator introduced with my colleague, Senator Mr. SPECTER. Mr. President, I will JEFFORDS, Chairman of the Health, FRIST. also work to see that language is in- Education, Labor and Pensions Com- LEAST TOXIC PESTICIDES POLICIES cluded in the conference report encour- mittee, on the importance of advance ∑ Mrs. BOXER. Mr. President, last aging the Department of Education to funding for the Low Income Home En- March, the Senate passed an amend- urge schools to adopt a least toxic pes- ergy Assistance Program (LIHEAP). ment I offered to the Education Sav- ticide policy and to provide the infor- I had initially planned to offer an mation and support necessary to do so. amendment, with Senators JEFFORDS, ings Accounts bill that said schools re- ∑ ceiving federal funds must notify par- Mrs. BOXER. I thank my collegues. KOHL, LIEBERMAN, LEVIN, SCHUMER, ents prior to the application of toxic EMPLOYMENT AND TRAINING GRANTS FOR DIS- REED, DODD, KENNEDY, and LEAHY, that LOCATED WORKER EMPLOYMENT AND TRAIN- pesticides on school buildings and would restore advance funding for this ING ACTIVITIES essential program. However, since it is grounds. It also required the distribu- Mr. DOMENICI. Mr. President, I my understanding that my colleagues tion of the Environmental Protection would like to raise the issue of how the will work in the conference to ensure Agency’s manual that guides schools in United States Department of Labor is that the House provision for advance establishing a least toxic pesticide pol- administering Grants for Dislocated LIHEAP funding is included in the icy. Worker Employment and Training Ac- final appropriation bill, I will withdraw I offered that amendment for a sim- tivities. ple reason. Toxic pesticides hurt our my amendment. Both the FY 1999 and 2000 Labor-HHS As my colleagues know, there is kids, and that hurts the education of Appropriations Bill contained ear- broad bipartisan, multi-regional sup- our kids. The National Academy of marks critically important to New port for LIHEAP. This year, 46 Sen- Sciences has found that up to 25 per- Mexico’s economic well-being. The ear- ators signed a letter in support of the cent of childhood learning disabilities marks were directed toward training program. Specifically, we asked for $1.4 may be attributable to a combination workers for the State’s rapidly growing billion in regular LIHEAP funding, of exposure to toxic chemicals like pes- technology-based call center industry. along with $300 million in emergency ticides and genetic factors. Yet, cur- In fact, the industry is generating in funding. In addition, we urged $1.5 bil- rent EPA pesticide standards are not excess of 450 jobs per month that pay lion in advance LIHEAP funding for protective of children, and schools approximately $11 per hour with sub- fiscal year 2002. It is the lack of this across America—where our children stantial benefits in New Mexico. These advance funding in the Senate Labor- spend 6 or 7 or more hours a day—rou- grants would allow for the continued HHS appropriation bill that causes me tinely use toxic pesticides. My amend- expansion of this industry by allowing great concern. ment sought to lessen the impact of the New Mexico Consortium to create a As many of my colleagues know, toxic pesticides on our children by urg- training curriculum that will lead to Minnesota is often called the ice-box of ing schools to use the kinds of products employment in the call center industry the nation, where bitterly cold weather that will harm children the least and with an emphasis on the placement of is the norm. In fact, Minnesota is the to let parents know when toxic pes- hard-to-employ individuals. third coldest state, in terms of heating However, the Department of Labor’s ticides are going to be used. degree days, in the country, after Alas- actions regarding these earmarks has Again, my amendment was added to ka and North Dakota. Especially in left me deeply distressed by the ill the Education Savings Accounts bill. cold-weather states like Minnesota, treatment New Mexico has received, However, that bill has not gone any- funding for LIHEAP is critical to fami- especially in light of the priority where since the Senate passed it on lies with children and vulnerable low- placed on this issue by not only me March 2. I could offer my amendment income elderly persons, who without it to the Elementary and Secondary Edu- but, the Committee as well. It is also my understanding the cur- could be forced to choose between food cation Act bill, but it, too, appears and heat. dead. rent program year for the Department of Labor ends this Friday, June 30th As we saw several years ago, when So, I drafted an amendment to the the Federal government shut down, Labor-HHS Appropriations bill to pro- and that there may be unobligated funds left over at that time. It is also piecemeal funding approved for vide $100,000 for the Department of LIHEAP had an extremely disruptive Education, in conjunction with the En- my further understanding that in the event there are such unobligated funds effect on the operation of the energy vironmental Protection Agency, to en- the Department could provide some of programs in the states. Congressional courage school districts across the these funds to a deserving program, delay and enactment of appropriations country to establish a least toxic pes- like the training program in New Mex- bills after October 1 severely hampers ticide policy—which is the policy in ico. states abilities to effectively plan their several school districts in California— Mr. SPECTER. I understand the con- energy assistance programs. States op- and to notify parents prior to the use cerns raised by the distinguished Sen- erating year-round programs or those on school grounds of pesticides that ator from New Mexico in ensuring the that begin in September are particu- the EPA has identified as a known or Department of Labor properly funds larly threatened. Therefore, advance probable carcinogen, a category I or II the projects specified by this Com- appropriations enable the creation of acute nerve toxin, or a pesticide of the mittee. administrative systems for more effi- organophosphate, carbamate, or I would concur with my colleague cient program management, allowing organochlorine class. from New Mexico in the importance of for orderly planning of state LIHEAP At the suggestion of my friend from funding the program to train workers programs. Iowa, the Ranking Member of the for the State’s rapidly growing tech- Will the Chairman work in con- Labor-HHS Appropriations Sub- nology-based call center industry. In ference to include this critical advance committee, I will not offer that amend- the event there are unobligated funds funding appropriation in the final ment because I understand that the left over at the end of the Depart- Labor-HHS appropriation bill? managers will work to add language in ment’s current program year, I would Mr. SPECTER. As you know, this is a the conference report that would ac- also urge the Secretary of Labor to very difficult year for appropriators. complish the same thing. May I ask the consider allocating funding for the The budget caps are very tight, and Chairman and Ranking Member if that training program in New Mexico. this bill contains many valuable pro- is correct? Mr. DOMENICI. I thank the distin- grams. I recognize and appreciate that Mr. HARKIN. Mr. President, I thank guished Chairman for his consideration the House-passed Labor-HHS bill pro- the Senator from California for bring- and support for this important matter. vides $1.1 billion in FY2002 advance

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6210 CONGRESSIONAL RECORD — SENATE June 30, 2000 LIHEAP funding. I have been a strong am willing to hear the solution the able to assist hundreds of physically or supporter of the LIHEAP program, and Senator from Utah proposes. mentally disabled men and women will work in conference to attempt to Mr. BENNETT. The National Council needing assistance toward gainful em- include the House provision for ad- on Independent Living and individuals ployment. In my own state of New vance LIHEAP funding in the final ap- in my own state of Utah, are concerned York, we lost $1.6 million from our ini- propriation bill. about individuals with disabilities who tially expected amount. Mr. JEFFORDS. First, Mr. Chair- reside in underserved areas. NCIL has Mr. President, I wish to thank Sen- man, let me thank you for your hard proposed changing the formula for Cen- ator HARKIN for committing to add re- work on this appropriation bill, and ters for Independent Living, part C. port language during the conference your dedication to the LIHEAP pro- Under their proposal, fifty percent of committee negotiations of the Depart- gram. Next, I would just like to empha- funding will be distributed equally ments of Labor, Health and Human size the importance of the forward among the states, and fifty percent will Services, and Education Bill for Fiscal funding provision contained in the 1990 be divided among the states based on Year 2001 that will enable the Depart- reauthorization statute—the Augustus population. ment of Education to give priority sta- F. Hawkins Human Services Reauthor- Instead of amending the Rehabilita- tus under Fiscal Year 2000 re-allotment ization Act. tion Act in this bill to permanently funds to States who received less under This provision responds to the states’ change the formula on this appropria- the formula in Fiscal Year 2000 than in need to budget and plan their LIHEAP tions bill, I propose $5 million of the Fiscal Year 1999, and who are able to programs in advance of the fall/winter $10 million increase included in H.R. meet the criteria outlined in Section heating season, allowing them to effec- 4577, be divided equally among the 110(b)(2) of the Rehabilitation Act. tively meet their obligations under the states. The remaining $5 million would Mr. HARKIN. I am pleased to help the Senator from New York and his law. Timely energy assistance in the be distributed based on current law. colleagues from the other affected form of consistent advance LIHEAP Thus every state will receive a funding states and the District of Columbia. funding is critical to the success of increase. In small states, this small Mr. SPECTER. I thank the Senator LIHEAP. For planning purposes, the amount translates to roughly $94,000. from New York for his effort on this states have come to rely on the pre- Based on letters and phone calls I have issue and will do my best to resolve dictability that your advance funding received, it appears that the coalition this situation in conference. mark provides them. of Independent Living Centers across Mr. SCHUMER. I thank the Chair. Our Northeast-Midwest region has the country are amenable to this pro- ADVANCED PLACEMENT FUNDING experienced extreme fuel price spikes posal—even the larger states. Mr. BINGAMAN. Senators SPECTER during the last six months, high- Mr. SPECTER. I thank the Senator. I and HARKIN, I’d like to express my ap- lighting the vulnerability of our low appreciate the Senator’s sensitivity to preciation to you and your committee income energy consumers. With fuel changing authorizing language in this members for agreeing on the impor- prices projected to be even higher this bill. I also share his concerns about the tance of the Advanced Placement (AP) winter than last, we need an effective needs of individuals with disabilities in Incentive Program by recommending LIHEAP program more now than ever. underserved areas, and I will address that it be funded at $20,000,000—a It is the most effective tool we have to this issue as we proceed through the $5,000,000 increase over last year’s ap- ensure the safety of our low income appropriations process. propriation. As you know, the AP pro- households during severe weather con- Mr. BENNETT. I appreciate the gram provides rigorous instruction to ditions. chairman’s consideration. It is my high school students by teachers who Mr. HARKIN. I agree that the impor- hope that we can reach an agreement have had additional, intensive profes- tance of LIHEAP advance funding has that will increase the ability for Cen- sional development. While historically been demonstrated this past year as ters for Independent Living to serve it was the well-to-do elite that had ac- many states have faced extreme tem- the needs of individuals with disabil- cess to these courses—which not only peratures and high fuel costs. LIHEAP ities not only in large states, but in cover advanced material but enable advance funding is an effective tool smaller, underserved area. students to gain college credit and ad- that allows states to determine eligi- VOCATIONAL REHABILITATION vanced standing—today the AP pro- bility, establish the size of the benefits, Mr. SCHUMER. First, Mr. President, gram continues to expand its reach, so determine the parameters of the crisis I would like to thank Senator SPECTER that over half of all high schools in the programs and enable the states to and Senator HARKIN for their leader- nation offer AP courses in a variety of properly budget for staffing needs. I ship and continued funding of the Vo- subject areas. The fact of the matter is will work with Chairman SPECTER to cational Rehabilitation program, that in this era of focus on high stand- attempt to include the House provision which is so important to the disabled ards and improving student achieve- for $1.1 billion in FY2002 advance men and women in New York State and ment, the AP program offers proven LIHEAP funding in the final appropria- across the country. impact on student outcomes in high tion bill. I would like to take a moment to en- school, and there is even research that Mr. WELLSTONE. Thank you, Mr. gage my colleague in a colloquy. shows that regardless of the grade at- Chairman, Ranking Member HARKIN Mr. HARKIN. I thank the Senator for tained, a student who has access to and Senator JEFFORDS. I appreciate his kind words and would be happy to more rigorous course work in high your commitment to work in con- engage in a colloquy with him. school is more likely to complete col- ference on behalf of LIHEAP, and I Mr. SCHUMER. In Fiscal Year 2000, lege. withdraw the amendment. Congress provided a 1.2 percent infla- As you know, the AP Incentive Pro- CENTERS FOR INDEPENDENT LIVING tionary increase to the Vocational Re- gram helps ensure that AP classes are Mr. BENNETT. I would like to thank habilitation State Grants program, within reach of low income students by the subcommittee chairman for includ- which is distributed through a statu- subsidizing the cost of taking the AP ing a $10 million increase for Centers tory formula using population and per test. These tests cost about $100 and for Independent Living, part C. How- capita income data. In October of 1999, many low income students would have ever, because of the formula in current the Bureau of Economic Analysis re- to pass up the opportunity to take it law, eighteen states do not receive any leased new estimates of per capita in- due to expense. The program also sup- increase in funding. I understand that come resulting in a drastic change in ports activities designed to expand ac- many of the smaller states have not re- the funding allocation to states. Under cess to AP courses, particularly in low ceived an increase since 1992. It is not these comprehensive revisions, New income areas. Many schools do not yet my intention to change the funding York, Massachusetts, Colorado, Min- have AP programs and schools with formula in an appropriations bill, but I nesota, Texas, and the District of Co- large minority and low income popu- believe this problem needs to be ad- lumbia lost funding to a level below lations are less likely to offer AP dressed. that of their Fiscal Year 1999 funding. courses. This can be tragic for many Mr. SPECTER. I appreciate the Sen- This shift was both unexpected and se- students, as many colleges and univer- ator bringing this to my attention, and vere, leaving these states’ agencies un- sities consider whether a student has

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6211 taken AP classes when making admis- Schools: Great Strides,’’ which un- on school climate and student safety, sions decisions. Every student—regard- equivocally confirms what we knew as well as on student morale and less of socioeconomic background— from earlier research—namely, that achievement. should have the opportunity to attend small schools help students succeed. Mr. HARKIN. I thank the Senator for college and to take challenging cur- This particular study examined the 150 sharing your knowledge on this re- riculum in high school. This program or so small schools that were founded search-proven method of educational helps to ensure both. between 1990 and 1997 in Chicago, and reform. As we make the difficult deci- Mr. HARKIN. I agree wholeheartedly tracks their progress through 1999. In sions about what should be funding pri- with you on the importance of ensuring these elementary schools of fewer than orities for the Federal government in that all students are exposed to chal- 350 students and these high schools of the vast expanse of options, we cer- lenging courses that lead them on a fewer than 400 students, the positive tainly do need to be acutely aware of positive track towards further edu- trends encompass everything from di- what has been demonstrated as having cation, and that teach critical skills minished violence to higher grade measurable positive impact on real that can be practically applied even if point averages and attendance rates. Of students. As we move to conference on the student does not continue their course, small size alone does not trans- this appropriations bill, I will encour- education immediately. While it is cer- late into these positive changes, but it age everyone to consider the good that tainly just one piece of the puzzle when certainly does foster the atmosphere of smaller learning communities can do it comes to strengthening the academic closeness and community that is con- for all students, including those for offerings and outcomes for all students, ducive to the kinds of progress that our whom just a little extra attention and including disadvantaged students, the parents, teachers, and students are sense of belonging can mean the dif- AP program is something I think we seeking. ference between violent outbursts as a should all be able to agree on sup- Based on studies of high school vio- cry for help and successful completion porting. lence, researchers have concluded that of high school with goals for the Mr. BINGAMAN. I also want to share the first step in ending school violence future. my thanks for the Committee’s atten- must be to break through the imper- Mr. SPECTER. Senator BINGAMAN tion to the benefits of Internet-based sonal atmosphere of large high schools has made some very valid points with AP programs, particularly in rural and by creating smaller communities of respect to the research on small Native American areas of the country. learning within larger structures, schools. In conference with the House, As technological capacities at schools where teachers and students can come I will make every effort to work with increase, there is every reason to uti- to know each other well. We really can- the Conferees to provide adequate re- lize such tools to deliver high-quality not wait for more tragedies of students sources for the smaller learning com- programs like AP courses through dis- shooting students or teachers before we munities program. tance methods, especially in schools act to fix the situation. RURAL HEALTHCARE NEEDS where the student population is too And just as important, particularly Mr. BURNS. I would like to engage small or location is too remote to sus- in our search for what works to im- my colleagues from Pennsylvania and tain a great deal of variety on-site. I prove student achievement, is that Iowa on a couple of issues relating to look forward to working with you and smaller school size also positively im- the Fiscal Year 2001 Labor, Health and the Administration to expand support pacts learning. Research demonstrates Human Services, and Education Appro- for these kinds of innovative means of that small schools outperform large priations bill. Access to healthcare in advanced instructional delivery to our schools on every measure of student Montana is often inadequate. I would rural and Native American schools. outcomes, including grades, test like to focus on a couple of projects Mr. SPECTER. I agree that Advanced scores, attendance, and graduation that must be addressed in the state in Placement programs can be extremely rates. In the Bank Street study, nearly order to address some immediate rural valuable in raising standards in high twice as many students enrolled in healthcare needs. The first is a mobile schools and helping high school stu- smaller learning communities con- health clinic. St. Vincent Hospital in dents to be better prepared for postsec- tained within larger high schools Billings has partnered with Ronald ondary education. I am glad that we scored at or above national norms in McDonald House Charities to operate a were able to provide an increase in reading compared to their peers. This mobile health clinic in Eastern Mon- funding for this program and, in con- impact is even greater for ethnic mi- tana. They hope to begin operating this ference with the House, I will make nority and low-income students. clinic later this year. This mobile every effort to work with the Conferees In addition, smaller learning commu- health clinic will focus on providing to maintain funding for this program. nities enhance the school experience preventive health care to children at SMALLER LEARNING COMMUNITIES FUNDING IN for both teachers and students—reno cost in small rural communities. LABOR HHS APPROPRIATIONS BILL search shows that smaller schools gen- These communities are in dire need of Mr. BINGAMAN. Mr. President, I erate greater community and parental medical services. Mr. Chairman, Mr. wanted to take a moment to reiterate involvement, and a more engaged and HARKIN, this is no small matter—31 my hope that the conferees on the Ap- enthusiastic staff. Research also shows Montana counties are designated as propriations Committee will consider that students at smaller schools are ‘‘medically underserved’’ by the Health restoring funding for the Smaller more likely to participate in extra- Resources Services Administration Learning Communities program under curricular activities, and in a greater (HRSA). Twenty-three percent of Mon- the Fund for the Improvement of Edu- variety of activities—because everyone tanans lack access to a primary health cation. Last 7ear $45 million was appro- is needed to fill out the teams, clubs, care provider. priated for what has been a very impor- and offices, even shy and less able stu- Mr. SPECTER. I understand the Sen- tant initiative an the President has re- dents are more likely to participate ator’s concerns and agree with him quested $120 million for FY2001. I and develop a sense of belonging. about the unique healthcare needs and strongly believe that we must con- Furthermore, contrary to what some problems with access in rural areas. tinue—and indeed increase—our sup- may think, small schools can be cre- Mr. HARKIN. As a Senator from port for this program. As this appro- ated cost effectively. Larger schools Iowa, I understand quite well the chal- priations bill goes to conference, I hope can be more expensive because their lenges to access to care posed in rural that you and your fellow committee sheer size requires more administrative states. members will decide to meet the Presi- support, and because small schools Mr. BURNS. The second concern is dent’s request. have higher graduation rates, the ac- the fact that there is a need for addi- A number of research studies in re- tual cost per graduating student is tional dental hygienists, but Montana cent years have documented the value lower than at large schools. is the only state without a dental hy- of small schools and smaller learning I certainly hope that we do not turn giene education program. There are communities, and the Bank Street Col- our backs on this initiative, which we currently 333 active licensed dental hy- lege of Education just last week re- already know from research is a worth- gienists in Montana. A survey of all lease a new study called ‘‘Small while investment that has real impact Montana dentists and dental hygienists

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6212 CONGRESSIONAL RECORD — SENATE June 30, 2000 was conducted late in 1996 which indi- dents attend and graduate from col- Mr. BINGAMAN. In hearings before cated a need for additional hygienists lege. In fact, without this important the Health, Education, Labor and Pen- to fill current and future vacancies. federal incentive, many states would sions Committee we heard expert testi- The lack of a dental hygienist in a never have established or maintained mony regarding the contribution to in- practice reduces the number of hours their need-based financial aid pro- creased safety made by human factors the dentist is available to deliver care grams. research in industries such as defense only he or she is able to perform. Li- Over the past three years, I have and aviation. This field of research censure as a registered dental hygien- worked with Senator COLLINS and oth- maximizes the efficiency and accuracy ist in Montana requires graduation ers in the Senate to restore, revamp, of the interface of humans with equip- from an accredited dental hygiene pro- and increase funding for LEAP. This ment, technology and the workplace gram of either two or four years. Mon- year, the Senate Labor, Health and environment. tana’s only dental hygiene education Human Services, and Education Appro- Does the Chairman view human fac- program was closed in 1989 at Carroll priations bill provides $70 million for tors as a field of research that could College. Since that time efforts to open LEAP. While this funding level is less make an important contribution to- a new program have been unsuccessful, than the bipartisan request that I sub- ward reducing medical errors? but are ongoing. Montana students de- mitted with 32 of my colleagues, it is a Mr. SPECTER. I thank the Senator siring hygiene degrees must travel out significant increase over current fund- from New Mexico and the Senator from of State. Of the current 28 students at ing and the President’s request. This Nevada for highlighting this matter. Sheridan Community College in Wyo- would be the biggest boost for the pro- Yes, the field of human factors re- ming, half are from Montana. Montana gram in some time, and, as such, I de- search clearly is a field that can make has fewer dentists per capita than the cided not to offer an amendment to fur- an important contribution toward re- U.S. average. Many communities, espe- ther increase funding for LEAP. ducing medical errors. I am also aware cially rural areas, are losing dentists However, I am concerned that during that the National Academy of Sciences (to retirements and other factors). A Conference with the House, which has has developed an expertise in this field large percentage of Montana dentists once again zero-funded the program, and I would urge the Agency for are expected to retire in the coming LEAP will not remain at the Senate’s Healthcare Research and Quality to decade, while the number of available $70 million funding level. This concern call on the expertise of the National dental school graduates has been de- is also shared by the higher education Academy of Sciences as it addresses clining. With two-thirds of Montana’s community, which strongly supports the medical errors issue. active dentists age 45 years or older the Senate’s $70 million for LEAP. Mr. BINGAMAN. I thank the Chair- and more than a quarter over age 55, Would the Chairman yield for a ques- man for his response. concerns over the effect of retirement tion? Mr. KENNEDY. Mr. President, I in coming years has grown. If a dental Mr. SPECTER. I would yield to the know that Senators SPECTER and HAR- hygiene program were established in Senator from Rhode Island. KIN worked diligently to craft a bill Montana, hygiene graduates would be Mr. REED. I thank the Senator. Does that could gain broad support. But dur- available to perform hygiene tasks the Senator share my concern about ing the floor debate, Republicans weak- which presently are being performed by maintaining the Senate’s $70 million ened this bill in critical ways that dentists. This would free the dentists for LEAP and is the Senator’s intent to shortchange children in their edu- to perform diagnosis and treatment fight for this level in Conference? cation, subject hundreds of thousands services which only the dentist is Mr. SPECTER. I share the Senator’s of American workers to ergonomic in- trained to provide. The establishment support for our Subcommittee’s fund- juries, and promote a sham patients’ of this program would be of vital im- ing level for LEAP and will work dur- bill of rights. portance to eliminating the strong ing Conference to preserve it. I urge the Senate to reject this bill, prevalence of under-served areas in Mr. HARKIN. I would also like to and I urge the President to veto it if it Montana. voice my support for preserving the reaches his desk. America’s school- Mr. SPECTER. We have rural states Subcommittee’s funding level for children, workers, seniors, and every- in need of programs which improve LEAP. one with health needs deserve a much both access and quality of care. I be- Mr. REED. I thank my colleagues, better bill. lieve these projects are worthy, and I and I yield the floor. Republicans’ very first order of busi- will consider them during the con- THE ROLE OF HUMAN FACTORS RESEARCH IN ness in debating this bill was to delay ference agreement. I appreciate your REDUCING MEDICAL ERRORS the Department of Labor’s proposed bringing these issues of my attention. Mr. BINGAMAN. Mr. President, will protections against ergonomic injuries. Mr. HARKIN. I understand the na- the Chairman yield for a question? Hundreds of thousands of American ture of the problem in Montana re- Mr. SPECTER. I will be pleased to workers will continue to suffer these quires attention. I thank the Senator yield. injuries if this bill is enacted. The com- for bringing these issues to my atten- Mr. BINGAMAN. First, I want to panies that Republicans are helping in tion. Chairman SPECTER and I will give compliment the Chairman and the this bill have had years to study and them consideration during conference. Ranking Member of the Subcommittee respond to the overwhelming evidence LEAP FUNDING on their hard work in producing this that ergonomic standards improve Mr. REED. Mr. President, I rise to bill for the consideration of the Senate. worker safety. Yet these special inter- engage Senators SPECTER and HARKIN I would also compliment the Com- ests continue to oppose these protec- in a colloquy regarding funding for the mittee for addressing the medical er- tions. This is unacceptable, and it Leveraging Educational Assistance rors issue. Medical errors account for alone warrants a veto of this bill. Partnership (LEAP) program. as many as 98,000 deaths each year Debate on many other parts of this First, I want to commend Senators making it the 5th leading cause of bill fell into a regrettable pattern. SPECTER and HARKIN for numerous edu- death in America. It is therefore appro- Time and again Democrats came to the cation funding increases in the Labor, priate that the Committee has rec- floor with proposals to improve Health and Human Services, and Edu- ommended an allocation of $50 million schools, improve health care, or im- cation Appropriations bill. There are to the Agency for Healthcare Research prove conditions in the workplace. Re- tough budget pressures facing Senators and Quality (AHRQ) to focus on ways publicans rejected the amendments, be- SPECTER and HARKIN, and they have to reduce medical errors. cause the amendments didn’t allow done tremendous work on this bill. In Mr. REID. Mr. President, I also want room for the massive tax breaks they particular, I am pleased that they have to express my support for the efforts want, and the amendments were de- increased funding for the Leveraging outlined in this bill to reduce medical feated. Educational Assistance Partnership errors. It is my hope that these meas- Republicans think they’ve already (LEAP) program to $70 million. ures will set us on the path of con- done enough for the health and edu- LEAP, a federal-state partnership, is structively addressing this troubling cation of the American people. Demo- vital to our efforts to help needy stu- issue. crats insist that more can be done and

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6213 should be done. That is a fundamental port targeted tax relief for the nation’s general public one of the nation’s most difference between the two parties. families, not the excessive and irre- extensive collections of Revolutionary The amendments that Democrats sponsible tax breaks for the wealthy War materials; documents, manu- proposed to this bill highlight the obvi- that our Republican colleagues insist scripts, artifacts, and works of art. ous needs that the nation should be on. Tied to the collection will be a pro- meeting. The Republican estate tax relief bill gram that will tie in with social stud- The health of senior citizens is need- alone would cost $105 billion in the ies and history classes across the na- lessly at risk, because they don’t have first ten years, and $50 billion a year tion. affordable and dependable prescription after that. It’s the ultimate tax break The key components of this effort are drug coverage under Medicare. for the wealthy. Its relief goes to the digitization of primary documents and Public schools across the country are wealthiest 2 percent of Americans— museum objects to make them avail- literally falling apart. They need help those who have prospered most in our able on the World Wide Web and work- in repairing their crumbling facilities record-breaking economy—those who shops for teachers to be held at the and modernizing their classrooms. have no trouble affording education for Historical Society to show creative ap- One of every five children in the na- their children, health care for their proaches to interpreting history using tion still lives in poverty. They lack families, or the prescription drugs they documents and artifacts. Video confer- educational opportunities at every step need. encing will make teacher workshops of the way from birth through college. Other Republican tax breaks now available around the country as well. They deserve a fair chance to do well in pending in the Senate would cost a Published school curricula and re- school—to go to college—to have a pro- total of $711 billion over the next ten sources kits based on the Society’s ductive life and career. years, exploding to even higher costs in Revolutionary collections will be avail- The high-technology training needed the following years. George W. Bush able to teachers as well. There will also to prepare the nation’s workforce for has proposed tax cuts that would con- be an interactive web site for teachers the future economy is out of reach for sume the entire $1.9 trillion budget sur- and students, a linkage of the Society’s millions of Americans. plus projected over the next ten years. library and museum collection data- Democrats want to do more to solve If Republicans are willing to give bases, providing one unified source of these problems. But again and again, even slightly less to those who already information on the collections. The So- our Republican colleagues refuse to have the most, we will have more than ciety also hopes to develop a 30 minute act. Their refusal raises a fundamental enough resources to dramatically im- interactive video in English and Span- question of priorities that the Amer- prove education and health care for all ish available in the Society head- ican people will decide in November if Americans. quarters and on the web. Finally, hand this impasse continues. The American people should be very held scanners will give visitors instant We have a budget surplus of $1.9 tril- clear on this issue. The Republican tax electronic access to information about lion over the next ten years. We can af- breaks are too extreme. They are keep- the collections as they are viewed and ford more than token efforts to im- ing the nation from meeting its high access to related websites. prove education, health care, and priority needs in education, heath care, Mr. President, the Historical Society working conditions for the nation’s the workplace and other vital areas. has wonderful plans for its future. I families. We need major improvements These needs can be met, if Congress has hope we are able to assist with what is in current law—and we can afford the will to meet them. As we head into truly a project of national scope when them. They should be a high priority. the final weeks of this year’s session, I we finalize this bill during the coming How long will we ignore the 20 per- urge my colleagues to do a better job of months.∑ cent of the nation’s children who live meeting these all-important priorities. Mr. MCCAIN. Mr. President, this ap- in poverty? How long will we ignore The anti-labor rider that Republicans propriation bill contains funding for the third of senior citizens who have no attached to this bill on ergonomics, many critical and quite frankly, essen- prescription drug coverage? How long combined with the failure to fund edu- tial programs benefitting many seg- will we send children to crumbling cation priorities in class size and ments of our society. This appropria- schools? How long will we refuse to ad- school construction, would be enough tion vehicle supplies important funding dress the hundreds of thousands of alone for me to vote against this bill. directly benefiting American families ergonomic injuries suffered by workers But yesterday, Republicans added yet and senior citizens while also providing each year? Now is the time to deal with another offensive provision—a sham important assistance to our most im- these festering problems. patients’ bill of rights. portant resource, our children. In fiscal year 2001 alone, a $49 billion Republicans went on record in favor This appropriation bill provides fund- surplus is now projected. All of the pri- of weak health care protections for ing for helping states and local com- orities I have described can be accom- Americans. And even those weak pro- munities educate our children. Addi- modated for a small fraction of this tections cover only a small fraction of tionally, it provides the necessary amount—and they should be accommo- the number of people who need protec- funds for supporting our scientists dated. If we are ever going to make se- tion. The Republican plan contains in- dedicated to finding treatments, if not rious investments in the education of effective appeal procedures. These de- cures, for many of the illnesses which the nation’s children, now is the time. fects are the reason why the GOP plan plague our nation. This bill also pro- The record prosperity we are now en- is strongly opposed by all medical and vides funds for ensuring our nation’s joying also gives us an opportunity to nursing organizations and hundreds of most vulnerable—our children, seniors save many more lives through better patient groups and consumer groups and disabled have access to quality access to health care. It gives us an op- across the country. Only the insurance health care. In addition, it provides the portunity to modernize Medicare by industry supports the Republican plan, monetary support for important pro- adding a life-saving prescription drug because it’s a plan that only an HMO grams assisting working families need- benefit for senior citizens. It gives us could love. ing assistance with child care, adult an opportunity to provide many more This flawed bill should be defeated. day care for elderly seniors and Meals children with a decent education and The American people deserve far better on Wheels. enable them to become full partici- than this. These are many important programs pants in the new economy. It gives us ∑ Mr. MOYNIHAN. Mr. President, I am funded through this bill that help so an opportunity to make every work- pleased to see the New-York Historical many vulnerable citizens that I am place safer, and to provide millions of Society mentioned in the Committee even more frustrated to find this bill workers with the skills they need in Report to the Labor-HHS Appropria- laden with directives and accounting this rapidly growing high tech econ- tions bill. The Society is a wonderful gimmicks. I am particularly dis- omy. New York institution that has out- appointed that this bill redirects $1.9 We can do all this, and also provide standing collections and runs out- billion from the State Children’s responsible tax relief for the vast ma- standing educational programs. One Health Insurance Program, S–CHIP, to jority of our citizens. Democrats sup- such program would soon bring to the assist in funding other programs and

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6214 CONGRESSIONAL RECORD — SENATE June 30, 2000 projects. This is simply wrong and is appalable that these funds are specifi- made the same investment in other im- nothing more than an accounting gim- cally earmarked and not subject to the portant health care access and preven- mick at the expense of the health of appropriate competitive grant process. tion programs, but I am committed to America’s children. In addition, I am I am confident that there are many fa- working with the Chairman to main- concerned about the significant reduc- cilities, health organizations, and edu- tain this level for NIH. tion in Social Services Block Grant, cational sites around the nation need- We also need to ensure that all public SSBG. ing financial assistance for their par- health agencies receive the same level I applaud the committee for includ- ticular programs who are not fortunate of commitment and support. Without ing very few specific funding earmarks enough to have an advocate in the Ap- the work and programs of CDC, HRSA, but am distressed about the extensive propriation process to ensure that and FDA, research funded from NIH list of directives that have been in- their funding is earmarked in this will never make it to patients. cluded. It is apparent that the plethora funding bill. This is wrong and does a We also need to show the same com- of directives and strong committee lan- disservice to all Americans. mitment to prevention programs and guage are intended to camouflage the Mr. President, so many important health care access programs that we number of specific projects that are programs including those impacting have shown to NIH. What we some- being provided special consideration the health and education of our nation times forget is the number one killer in and bypassing the appropriate competi- depends on the support provided this country is cardiovascular disease, tive funding process. The list of set through this bill and yet, we have di- a disease that we can do more to pre- asides contained in this bill are so ex- luted the positive impact of these pro- vent. tensive that I will not burden the grams by siphoning away funds for spe- Another highlight of this bill is its chamber with listening to me list each cific projects or communities which support for innovative solutions to pre- one individually. Instead, I will high- are fortunate enough to have represen- vent medical errors. The $50 million to light just a few of the violations of the tation on the Appropriation com- fund new projects to reduce medical appropriate budgetary review process. mittee. mistakes is essential if we hope to im- These include: We must find the courage to discard plement effective, constructive solu- Language encouraging consideration the spending gimmicks and earmarks tions. I believe this new funding will of efforts by the University of Pitts- contained in this bill during conference provide support to hospitals and clinics burgh Medical Center Health System, and provide the much needed financial to automate drug dispensing to reduce UPMC-HS, to implement a state-of- support for education, work training, fatal errors from prescription drugs not the-art Health System wide project to children, health care, research and sen- administered correctly. It will ensure electronically store and provide all ior programs. that we utilize ‘‘best practice’’ stand- clinical and administrative informa- Mrs. MURRAY. Mr. President, the ards when implementing automation tion in a secure and automated man- Labor, Health and Human Services ap- into hospitals and will allow the expan- ner. propriations bill is meant to address sion of current efforts at the Veterans Language encouraging additional the needs of our nation’s most precious Administration to reduce medical mis- funds for the Pine Ridge Indian Res- resource, our people. When a Labor, takes. The Institute of Medicine’s re- ervation in the southwestern corner of HHS bill is properly funded, it ensures port on medical errors clearly illus- South Dakota which has a high inci- the health of our families, the edu- trated what was wrong in our health dence of alcohol addition. cation of our children and the safety of care delivery system. Fortunately, this Language encouraging consideration our workers. Unfortunately, the bill Appropriations bill provides the fund- of a program at the Center Point, Inc. before us falls short and I will vote ing to help us avoid medical mistakes. which provides low-cost, comprehen- against it. I also want to thank the Chairman sive drug and alcohol services to high In March, I expressed my concerns for his support of telemedicine efforts. risk families and individuals in the San that the Congressional Majority was For rural communities in Washington Francisco Bay area. not sufficiently funding this part of the state, expanding and enhancing tele- Language directing consideration of budget. medicine is an important part of ensur- sufficient funds to continue West Vir- Today, in June, we can see specifi- ing access to quality, affordable health ginia’s Injury Control Training and cally how those shortcomings will im- care. I appreciate the Chairman’s sup- Demonstration Center at the same pact the American people. While this port of my request for Children’s Hos- level as last year. bill does make some specific gains in pital in Seattle to support a telemedi- Language directing consideration of key public health programs, the overall cine project. the Lewis and Clark College’s Life of picture is lacking. I would be remiss if I did not con- the Mind Education initiative that de- While I am pleased with some parts gratulate the Chairman and Ranking velop an educational programming of this bill, I am voting against it be- member for their efforts on behalf of celebrating the 200th anniversary of cause it does not make the necessary women’s health care. The pending the Lewis and Clark expedition and the commitments to public health, worker LHHS Appropriations bill does address Louisiana purchase. many of the gender inequities in re- The Committee is aware of the fol- safety, and reducing class sizes. We search and access. The Chairman has lowing projects that it encourages the have a surplus and we can invest in key also provided an increase for the CDC Department of Labor to consider sup- programs like education, health care, Breast and Cervical Cancer Treatment porting: job training, and work place, but in- Workforce Training and Retraining stead we are guided by a spending plan Act to expand the Wise Women pro- for dislocated and incumbent workers that places a greater emphasis on irre- gram to additional states, including in real manufacturing environment— sponsible tax cuts. Washington state. This important University of Albany, NY. Before I outline the specific reasons screening program would allow for the Workforce Development project to for my vote, I do want to thank the screening of breast and cervical cancer retain older incumbent workers for Chairman for his hard work on this as well as heart disease. It builds on Montana workforce—Montana State bill. He has been given an impossible the success of the breast and cervical University, Billings. task, and he has still been able to cancer screening program to offer University of Alaska/Ketchikan Ship- make some key investments in vital greater access for low income women. yards training program for shipyard health initiatives like the National In- Clearly, there are some good ele- workers. stitutes of Health, NIH, our efforts to ments of this bill. Unfortunately, the State of New Mexico—telecommuni- reduce medical mistakes, and efforts to lack of overall investment in public cations job training for dislocated expand medical services in rural areas health undermines these provisions. workers. through the use of telemedicine. The bottom line is that the overall Clemson University, retraining of to- When it comes to funding the NIH, commitment made to the LHHS and bacco farmers. the additional $2.7 billion allocated in Education programs has been short While each of these programs may be this bill is clearly a sound and wise in- changed in order to provide massive just and deserving of funding it is vestment. Unfortunately, we have not tax cuts for the few. The priorities of

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6215 the FY01 Budget Resolution simply do ties. AIDS and HIV threaten students er for social activities after school. In not reflect the priorities of working today. Unfortunately, this amendment that regard, I am pleased that the bill families. jeopardizes a public health effort to includes $600 million for the 21st Cen- Another problem with this bill is it protect these students. tury Learning Centers Program. That does not protect America’s workers. I do want to mention that I was sur- very important program supports Today, we have one of the lowest un- prised to hear the sponsor of this grants to local education agencies for employment rates in our nation’s post- amendment talk about access to RU– the purpose of establishing after-school war economy. We have jobs that can- 486 in school-based clinics. I would re- programs. not be filled, but we also have workers mind my colleague that RU–486 has The bill contains nearly $250 million who cannot find jobs because they lack still not been approved for use in this for the Mine Safety and Health Admin- the training and necessary skills. Dis- country. The real issue here is our abil- istration, and an increase of $2.5 mil- located workers are a resource we sim- ity to protect the health of students lion above the President’s request for ply have not tapped and the funding across America, and the Helms amend- the Mine Health and Safety Academy. levels in this bill do not allow for the ment stands in the way of that impor- This agency is vital when it comes to necessary investment in these pro- tant priority. protecting the health and safety of our grams. When I look at the Labor, HHS bill, nation’s miners. The measure also con- This bill also does not allow OSHA to I see a bill that fails America’s workers tains $6 million for black lung clinics, issue an ergonomics standard, even and students. Because this bill does not which play a critical role in providing though ergonomic injuries are the sin- make the necessary investments in medical treatment to coal miners suf- gle-largest occupational health crisis public health, worker safety and edu- fering from black lung disease. faced by men and women in our work cation, I am voting against it. Further, the bill includes more than force today. Mr. BYRD. Mr. President, I support $200 million for the National Institute I am also disappointed that this bill the Fiscal Year 2001 appropriations bill for Occupational Safety and Health does not fund the President’s efforts to for the Departments of Labor, Health (NIOSH). Important research con- ensure pay equity. This bill does not and Human Services, Education, and ducted at NIOSH adds to our under- give the Department of Labor and the Related Agencies. standing of occupation-related ail- Equal Employment Opportunity Com- This measure increases funding for ments and diseases. mission the tools it needs to enforce education programs by $4.6 billion from In conclusion, Mr. President, I ex- wage discrimination rules. $37,924,569,000 to $42,594,646,000. This in- press my appreciation to the Chairman In addition, this bill does not guar- crease includes funds to provide for a and Ranking Member, Senators SPEC- antee that classrooms across America $350 dollar increase in the maximum TER and HARKIN, for their efforts in will be less crowded next year. While I Pell Grant award, up to a maximum of putting together this very important appreciate the Chairman’s efforts, the $3,650 dollars. The bill also includes an funding bill. These two Senators are funding level is not adequate to meet increase of $1.3 billion for special edu- vastly experienced and knowledgeable our goal of hiring 100,000 new teachers cation programs, raising the total ap- when it comes to matters under the ju- to reduce classroom overcrowding. In propriations for such purposes from risdiction of the Labor, Health and Human Services and Education Sub- addition, the structure of the funding $6,036,196,000 to $7,352,341,000. Further- committee. They have worked on a bi- does not guarantee that the funds will more, for the first time, this bill en- partisan basis splendidly, as is always be used to reduce classroom over- ables local education agencies to use the case, preparing this Fiscal Year crowding. Title VI funds for school modernization 2001 appropriations bill. This is a national priority, and we and class-size reduction efforts, if they I also wish to express my apprecia- should direct this investment to reduc- so choose. tion to Senators SPECTER and HARKIN I am pleased that the bill contains ing class size. If we do not continue to for facilitating the inclusion of my over $40 million in funding for the Rob- honor our commitment to classroom amendment into the managers’ pack- ert C. Byrd Honors Scholarship pro- overcrowding, we will have failed to age. My amendment provides $50 mil- gram. As the only merit-based scholar- give students the tools to learn the ba- lion to the Secretary of Education to ship program funded by the Depart- sics in disciplined environment. award grants to states to develop, im- ment of Education, this program I also am concerned that we have plement, and strengthen programs that doomed this bill to failure if we reject awards scholarships to high school teach American history as a separate the President’s education agenda, graduates who demonstrate out- subject within school curricula. The which includes a targeted class size re- standing academic achievement and importance of America history is too duction program. Not simply throwing have been accepted to attend an insti- often undervalued in our nation’s class- more money at the problem, but using tution of higher learning. rooms. Poll after poll in recent years limited resources to invest in our chil- The bill includes nearly a million has alerted us to huge gaps in histor- dren. I will continue to work with the dollars for the continuation of a pro- ical knowledge among our nation’s Chairman as I do believe he is trying to gram to identify and provide models of schoolchildren. It is my hope that this work with difficult spending limita- alcohol prevention and education in amendment will encourage teachers tions, but we need to improve our com- higher education. Alcohol abuse is a and students to take a deeper look at mitment to reducing class sizes. This devastating problem on college cam- the importance of our nation’s past. bill does not get the job done. puses across America, and I hope that Again, I wish to compliment the two Finally, Mr. President, I want to ex- this program will provide incentives fine managers of the bill and the Ap- press my strong opposition to the and form the basis for colleges and uni- propriations staff who have assisted Helms Amendment, which would over- versities to better address the problem them with preparing the bill. I urge my ride the choices of thousands of com- of alcohol abuse on their campuses. colleagues to support the bill. munities and would endanger Amer- I note that the bill includes a $1.2 bil- Mr. KOHL. Mr. President, I rise in ica’s students. lion initiative to address the problem support of final passage of the FY 2001 Currently, 23 states allow minors ac- of youth violence, which is also a Labor, Health and Human Services, cess to confidential family planning major national concern. This spring, at Education and Related Agencies Appro- and contraceptives. The Helms amend- West Virginia University, I convened a priations bill. Although I have con- ment would override those laws and— Youth Summit on Violence that was cerns with the funding levels in some in effect—create a new federal parental designed to give young people an op- areas, I want to commend Senator consent law. Access to safe, confiden- portunity to put forth their ideas on SPECTER and Senator HARKIN for again tial reproductive health care services how to reduce violence among their working under difficult budget con- for minors is a major health concern, peers. In response to the question, straints to put together a good bill and various communities have found ‘‘What would best prevent violence in that addresses many of our nation’s their own ways to address it. the schools?’’—the number one re- needs. This is not just about preventing sponse from these young people was to I am pleased that the bill includes pregnancy. It’s about preventing fatali- create safe places where they can gath- significant increases for many vital

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6216 CONGRESSIONAL RECORD — SENATE June 30, 2000 health and education programs. We’ve bills has become a common effort to been confused for twelve years, they invested in our youngest children, by circumvent the rule making process. In did not have to give back any reim- increasing the Child Care & Develop- this case, opponents wanted to stop the bursements. I understand that 35 other ment Block Grant by $817 million, and process before we had a chance to see States had been including General As- by increasing Head Start by $1 billion. what the final rule would look like. I sistance days in their Medicare DSH The bill also provides much-needed in- believe this effort to halt the rule is calculations, thus the resolution of creases for elementary and secondary premature. There are almost 1.8 mil- this dispute was critical for many safe- education, including Title I, Special lion ergonomic injuries every year with ty-net hospitals across the nation. Education, After-School programs, and 300,000 resulting in lost work days. However, Mr. President, it now ap- Impact Aid. And the bill ensures that Workers are suffering through painful pears that Pennsylvania hospitals are more students will have the oppor- injuries every day, and we must do once again at a disadvantage with re- tunity to go to college by increasing something. OSHA has been working on gard to their Medicare DSH reimburse- funding for Pell Grants, Work-Study, this issue for ten years, and we should ments, as HCFA is graying the regu- and TRIO programs. It is my hope that delay it no longer. latory area we thought had been clari- when we go to conference, we can find Overall, Mr. President, I believe the fied last year. more funds to make an even stronger Chairman and Ranking Member of the I understand from Pennsylvania hos- investment in our children’s education. Appropriations Committee have done pitals that HCFA is unfairly applying I am also pleased that the bill makes an outstanding job in putting together the GA days and Medicare DSH cal- great strides in ensuring access to this bill under difficult circumstances. culation policy across States. Begin- quality health care. The bill includes a I am voting for the bill at this point, ning in January of 2000, HCFA began $150 million increase for Community despite the concerns I have just out- allowing some States which operate Health Centers, which provide care to lined, because I believe we must move under Medicaid Section 1115 waivers to many low-income, uninsured Ameri- this bill through the Appropriations include the GA population in the Medi- cans. The bill includes a modest in- process. However, let me make clear care DSH calculation, thus signifi- crease for nursing home inspections to that these concerns must be addressed cantly increasing those States’ DSH re- ensure that elderly and disabled pa- before the bill emerges from Con- imbursements. Since Pennsylvania tients receive the highest quality care. ference. I look forward to working with hospitals operate under a Section 1915 And clearly, all Americans will benefit all of my colleagues to improve the bill waiver rather than Section 1115, it has from the $2 billion increase for the Na- as the process continues. been made clear to them that they can- tional Institutes of Health. This in- Mr. SPECTER. Mr. President, I rise not count GA populations in their cal- crease in funding for biomedical re- today to raise a very important issue culations. search will lead us down the path to concerning the vital safety-net hos- I urge my colleagues to join me in new treatments and cures for disease. pitals in my state of Pennsylvania. As my commitment to ensure that HCFA Despite these important provisions, I my colleagues are aware, the Medicare clarifies once and for all how the GA have several concerns with the bill Disproportionate Share Hospital pro- population should be treated under the that I believe must be addressed in con- gram consists of special supplemental Medicare DSH program, thus assuring ference. First, I am deeply troubled by payments made to hospitals to offset that Pennsylvania and all States will the cut in the Social Services Block the costs for providing uncompensated be treated fairly under one uniform and Grant. My State and counties rely on care. I worked closely over the last few understandable policy. these funds to provide home care, serv- years with Pennsylvania hospitals and Mr. SANTORUM. Mr. President, I ices for the disabled, and child welfare the Health Care Financing Administra- rise today to address an issue that Sen- programs. In Wisconsin, the vast mation to resolve a dispute concerning ator SPECTER and I have been working jority of SSBG money goes straight to the inclusion of a State’s General As- on with Pennsylvania hospitals and the the county level. Without SSBG funds, sistance population as a part of its Health Care Financing Administration. our counties have no guarantee they Medicare Disproportionate Share Hos- Since 1998, we have been trying to re- will receive enough money to provide pital (DSH) payment calculation. In solve a dispute concerning the inclu- these critical services. I am heartened August 1998, HCFA asserted that Penn- sion of a state’s General Assistance that Senator STEVENS, Chairman of the sylvania hospitals were incorrectly in- population as a part of its Medicare Appropriations Committee, has made a cluding General Assistance (GA) days Disproportionate Share Hospital (DSH) commitment to restore these funds in in their Medicare DSH calculation, and payment calculation. HCFA asserted in conference, and I look forward to work- claimed that they should only have in- 1998 that Pennsylvania hospitals were ing with him to make that happen. cluded Medicaid days. These payments including General Assistance (GA) days Second, I believe we must make a represent a significant portion of many in their Medicare DSH calculation, stronger investment in programs that hospitals’ revenues, and any proposed when they should only have included serve our nation’s seniors. I am very reduction puts the Commonwealth’s Medicaid days. This issue at the time concerned that programs under the neediest populations at risk. was an enormous concern to the hos- Older Americans Act—including Sup- The dispute raised further concerns pitals which provide care to the need- portive Services and Centers and Nutri- about how HCFA interpreted its own iest populations in my state, and this tion programs—are inadequately fund- rules and regulations. Medicare fiscal issue remains unresolved today. ed. I also support the inclusion of $125 intermediaries had been reimbursing Mr. President, this is a matter of million for the Family Caregiver Sup- hospitals with the GA days included for fairness and applying the rules and in- port Network, which provides support the past twelve years. Yet, beginning terpretations equally. Medicare fiscal and respite to family members caring in mid-1998, HCFA reversed its own intermediaries had been reimbursing for a relative in long-term care. In ad- intermediaries’ interpretation and hospitals with GA days included for the dition, we must include larger in- began recouping the so-called overpay- past twelve years. In 1998, HCFA re- creases for programs that utilize the ments for certain years, as far back as versed its own intermediaries’ interpre- unique talents of our nation’s older fiscal year 1993. The impact to Penn- tation and began recouping the so- citizens, such as the Foster Grand- sylvania’s hospitals would have totaled called overpayments as far back as fis- parents and Senior Companions pro- in the hundreds of millions of dollars. cal year 1993. Since then, Pennsylvania grams. I hope that the conference com- Indeed, I was encouraged when Sec- hospitals stopped including the GA mittee will do what’s right and make retary Shalala and Administrator days in their DSH calculations. the necessary investments in programs DeParle were able to work out a retro- I now understand that thirty-five that serve the elderly. active solution regarding the DSH cal- other States had been including Gen- Finally, I was also disappointed that culations. As of October 1, 1998, Penn- eral Assistance days in their Medicare a provision blocking OSHA from pur- sylvania hospitals stopped including DSH calculations, and that since Janu- suing a rule on ergonomics was in- the GA days in their DSH calculations, ary of this year, HCFA began allowing cluded in the bill. This move to include but since the law was unclear enough some states which operate under Sec- legislative riders on appropriations for the fiscal intermediaries to have tion 1115 Medicaid waivers to include

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6217 the GA population in the Medicare but they need an entire fiscal year to For instance, about 5 million individ- DSH calculation. Pennsylvania hos- properly plan. They need to plan to set uals in the United State suffer from a pitals operate under a Section 1915 eligibility limits and to distribute ben- severe and persistent mental illness. waiver, and it has been made clear to efits. They need to know what level of Nearly 7.5. million children and adoles- them that they cannot count GA popu- federal assistance will be available, so cents suffer from one or more types of lations in their calculations. they can budget their state assistance mental disorders. Mr. President, HCFA appears to be accordingly. They also need advance There is a final area I would like to unfairly applying GA days and Medi- notice so that they can do what most touch upon and that is children. While care DSH calculations across states. I companies do when they buy commod- researchers have already made fan- am very concerned that hospitals in ities that are subject to volatile tastic breakthroughs in the area of Pennsylvania remain at a disadvan- prices—hedge against price surges by mental illness, research for children tage, and I remain committed to work- purchasing options contracts. still remains incomplete. ing with HCFA to clarify once and for The decision to include advanced ap- We must continue the excellent work all how the GA population should be propriations in LIHEAP was made already being done, like studies seek- treated under the Medicare DSH pro- years ago and has been faithfully fol- ing to understand the basic mecha- gram. lowed. The current uncertainty in en- nisms of brain development and com- I appreciate the diligence that my ergy markets is the wrong time to in- parisons of effective treatments for colleague from Pennsylvania, Senator ject further uncertainty in LIHEAP specific illnesses. SPECTER, has shown on this matter, funding. That is why I join my col- Additionally, scientists have already and I will continue to work with him leagues from both sides of the aisle in established preventive steps that can toward a satisfactory resolution. calling for advance appropriations for be taken that are effective: Genes are Mr. KENNEDY. Mr. President, I this program. identified to see if a child has a pre- strongly support advanced appropria- The support made available by this disposition to a certain illness and if so tions for the Low Income Home Energy program is literally a matter of life monitoring begins. In conjunction with Assistance Program. Senator WELL- and death for millions of families in that, a calm environment is sought for STONE’S amendment continues the Massachusetts and New England. Con- the child and early stage drugs are ad- funding practice that has existed for gress should do everything possible to ministered if appropriate. years in this program. It enables states encourage planning that avoids the I would submit the key for not only to plan ahead for the energy assistance supply and price problems that left so children, but adults is the continuation they provide to needy families. many families in the cold last winter, of research that will allow us to realize The bill as now written unfortu- and that threaten our region’s eco- even greater breakthroughs that will nately ends this current practice. It in- nomic health. enable earlier and more accurate diag- troduces needless uncertainty into the Mr. DOMENICI. Mr. President, I rise noses of a mental illness. And I firmly funding outlook for the future. At this today to discuss the critical impor- believe the key to ensuring continued time of high energy prices and budget tance of mental health research. discoveries through our research is to surpluses, we should strengthen the The human brain is the organ of the continue providing our nation’s re- protection we provide low-income fam- mind and just like the other organs of searchers with adequate funding. ilies, not weaken it. our body, it is subject to illness. And Mr. KYL. Mr. President, today the A third of Massachusetts families just as illnesses to our other organs re- Senate is voting on final passage of the rely on home heating oil, which nearly quire treatment, so too do illnesses of FY2001 Labor, Health and Human Serv- doubled in price last winter because in- the brain. ventories were too low to meet the sud- With this in mind, I think that it is ices, and Education appropriations bill, den surge in need for heating oil when appropriate to be discussing the bene- H.R. 4577. unseasonably cold weather suddenly fits of mental health research as we This measure includes funding for arrived. Many families could not deal have just concluded the ‘‘Decade of the many good and worthwhile programs: with this expense. But because heat is Brain.’’ During this time we witnessed medical research conducted by the Na- a basic necessity for families in New breakthrough achievements like new tional Institutes of Health, a drug-de- England, they had no choice but to medications and brain imaging tech- mand reduction initiative, efforts to make room in their limited budgets for niques that have provided innumerable combat bioterrorism, Pell Grants, Im- the soaring cost of heat. benefits for so many Americans. pact Aid, and services for older Ameri- This year, all indications are that Just last year, I dedicated the Na- cans, to name a few. once again, heating oil inventories are tional Foundation for Functional Brain The amount of funding allocated to dangerously low throughout the North- Imaging at the University of New Mex- this bill is very generous: $97.8 billion east. The coming winter may bring ico. The Foundation’s purpose is to ad- in discretionary appropriations, or price spikes that are even higher than vance the development of magneto-en- about 12 percent over last year’s level. last winter. Natural gas prices are un- cephalography, or MEG, technology There are very substantial increases usually high this year as well, which that provides real-time imagery of neu- provided for particular programs. For may well increase demand for heating rons as they operate within the human example, there is a 12 percent increase oil. brain. for the Occupational Safety and Health We should do more to ensure that As we explore functions of ‘‘normal’’ Administration, a 13 percent increase adequate inventories of heating oil are brains, as well as brains of individuals for the Ricky Ray Hemophilia Relief maintained in the Northeast. Early in suffering from severe illnesses, we may Fund, a 15 percent increase for the Na- this year, I introduced legislation to do well be on the brink of exciting break- tional Institutes of Health, a 19 percent so. But the Energy Committee has not throughs for mental illness treatment. increase for Head Start, and a 13 per- acted on this proposal, and the indus- Moreover, one only needs to look at cent increase for education. try steadfastly refuses regulation as a the amazing research being done by the I believe the OSHA increase, for one, means of protecting families that rely National Institute of Mental Health to is something that can and should be on oil heat. So we need to focus on realize how far we have really come cut back in conference. If we want to other ways to address the problem. over the past decade. And finally, the maintain the other large increases, The best defense for families that close of the decade gave us the first though, we need to find other pro- need reliable, economical heat to sur- ever Surgeon General’s Report on Men- grams, of lesser priority, to cut in vive is to plan ahead to meet their tal Health entitled, ‘‘Mental Health: A order to moderate the total cost of the needs. Secretary Richardson has urged Report of the Surgeon General.’’ bill. consumers to fill their heating oil However, even with these fabulous My concern is, as we get to con- tanks this summer, while prices are advances we must still maintain our ference, there will be pressure to in- stable, and I join him in strongly rec- vigilance and continue our support for crease spending even more. We are ommending this action. research so even newer and better going to hear a lot, for example, about State governments which distribute breakthroughs are made by our na- the need for more funding for the So- LIHEAP funds also need to plan ahead, tion’s researchers. cial Services Block Grant program. If

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6218 CONGRESSIONAL RECORD — SENATE June 30, 2000 the amount in the bill for SSBG is Mack Santorum Thomas President Clinton. I believe we are going to be increased, we are going to McCain Shelby Thompson making moves in the right direction. McConnell Smith (OR) Thurmond have to find somewhere else to cut. I Murkowski Snowe Warner Maybe we vote and disagree here and hope proponents of these increases will Roberts Specter there in little bits and pieces, but, by keep that in mind as we proceed to Roth Stevens and large, what is in the bill for edu- conference. NAYS—43 cation I think should be a mark and a The sky is not the limit here. I am Akaka Feingold Nickles source of pride for all of us. going to support this bill today to get Allard Feinstein Reed I thank Senator SPECTER for his lead- it to conference, but I am not inclined Baucus Graham Reid ership on that side. Bayh Gramm Robb The PRESIDING OFFICER. Does the to support a dollar more in the con- Biden Grams Rockefeller ference report. We have got to do a bet- Bingaman Helms Senator from New Mexico yield time? Sarbanes Mr. DOMENICI. I would be glad to ter job of prioritizing, or we will soon Brownback Johnson Schumer Bryan Kennedy Sessions yield a minute to Senator SPECTER. find Congress once again raiding the Bunning Kerry Smith (NH) The PRESIDING OFFICER. The Sen- Social Security surpluses to pay for Conrad Landrieu Torricelli Daschle Lautenberg ator from Pennsylvania. other government programs. Voinovich Mr. SPECTER. Mr. President, I We just put a stop to that two years Dodd Levin Dorgan Lieberman Wellstone thank my distinguished colleague from ago. We have to honor our commitment Durbin Mikulski Wyden Iowa for those very generous com- to preserve Social Security surpluses Edwards Murray ments. We have a close working rela- for Social Security. NOT VOTING—5 tionship. I learned a long time ago that The question is on the engrossment Boxer Inouye Moynihan if you want to get something done in of the amendments and third reading of Hatch Leahy this town, you have to be willing to the bill. The bill (H.R. 4577), as amended, was cross party lines. The amendments were ordered to be passed. This bill involving education funding, engrossed, and the bill to be read a (The bill will be printed in a future health funding, and the Department of third time. edition of the RECORD.) Labor with job training and worker The bill was read a third time. Mr. COVERDELL. Mr. President, I safety is a good bipartisan result. The PRESIDING OFFICER. The bill move to reconsider the vote. Mr. HARKIN. Mr. President, if the having been read the third time, the Mr. SPECTER. I move to lay that Senator will yield, I was remiss. Some- question is, Shall the bill, as amended, motion on the table. one else we have to thank is the chair- pass? The motion to lay on the table was man of our committee, Senator STE- Mr. SPECTER. Mr. President, before agreed to. VENS, who worked very hard to get the allocations. When we ran into some moving to final passage, I thank my The PRESIDING OFFICER. The Sen- problems, he was able to find ways so distinguished colleague, Senator HAR- ator from Iowa. we could move ahead with this bill, and KIN, for his cooperation, and our de- Mr. HARKIN. Mr. President, I want disregarding some of the problems we voted staffs: Bettilou Taylor, Jim to say a public thank you to our chair- had so we could get to conference. Sourwine, Mary Deitrich, Kevin John- man, Senator SPECTER. I thank Senator STEVENS for his sup- son, Mark Laisch, Jon Retzlaff, Ellen The PRESIDING OFFICER. May we Murray, Lisa Bernhardt, and Allison port of this subcommittee. have order in the Chamber. Conversa- Mr. SPECTER. Senator STEVENS did DeKosky. tions will please be taken to the back I ask for the yeas and nays. an extraordinary job as we moved of the Chamber or to the Cloakroom. through this very tough process. Our The PRESIDING OFFICER. Is there a The Senator from Iowa. sufficient second? distinguished ranking member of the Mr. HARKIN. Mr. President, in all full committee, Senator BYRD, has There is a sufficient second. The the years I have been on this com- been a strong stalwart throughout the clerk will call the roll. mittee and also on the subcommittee, entire process. The legislative clerk called the roll. which now numbers 16, this is the ear- Other Senators are waiting to speak. Mr. NICKLES. I announce that the liest we have ever gotten this bill fin- I have already enumerated the great Senator from Utah (Mr. HATCH) is nec- ished. If I am not mistaken, this may work done by our staff. I pay special essarily absent. be the first time that this was not the tribute to the staff. Bettilou Taylor I further announce that, if present last bill to be acted on, whether it has has been a very real stalwart. and voting, the Senator from Utah (Mr. been Republican leadership or Demo- Mr. STEVENS. Mr. President, I con- HATCH) would vote ‘‘yea.’’ cratic leadership. gratulate Senator SPECTER and Sen- Mr. REID. I announce that the Sen- I thank Senator SPECTER for his ator HARKIN, on my own behalf, and I ator from California (Mrs. BOXER), the great leadership. I thank him for work- am sure I speak for Senator BYRD also. Senator from Hawaii (Mr. INOUYE), the ing in such an open and bipartisan The Senate should know this is the Senator from Vermont (Mr. LEAHY) and fashion with us on this side. I have largest health services bill in history. the Senator from New York (Mr. MOY- never had a case where something was It represents a magnificent contribu- NIHAN) are necessarily absent. done on the Republican side that I tion and commitment to increasing I further announce that, if present didn’t know about and that we weren’t funding for medical research in par- and voting, the Senator from Vermont consulted with every step of the way. I ticular, and so many other things in (Mr. LEAHY) would vote ‘‘no.’’ want Senator SPECTER to know how general. Both of these Senators have The PRESIDING OFFICER (Mr. much we really appreciate that. done tremendous work in getting this FRIST). Are there any other Senators in The working relationship has been bill where it is and getting it to the the Chamber desiring to vote? great with our staff: Bettilou Taylor, House. I think they really deserve our The result was announced—yeas 52, Jim Sourwine, Mark Laisch, Mary total congratulations for keeping our nays 43, as follows: Dietrich, Jon Retzlaff, Kevin Johnson, commitment to doubling the amount of {Rollcall Vote No. 171 Leg.} Ellen Murray, and Lisa Bernhardt. Our money available for medical research YEAS—52 staff has a great working relationship. within 5 years. Again, as we now go into conference Mr. DODD. Mr. President, I rise to Abraham Coverdell Harkin Ashcroft Craig Hollings with the House, I make a commitment express my regret that I was unable to Bennett Crapo Hutchison to my chairman that we will continue support the Labor/HHS Appropriation Bond DeWine Hutchison to work in a bipartisan fashion, as we bill that was passed by the Senate Breaux Domenici Inhofe Burns Enzi Jeffords have always, to make sure we can today. I was initially prepared to offer Byrd Fitzgerald Kerrey bring back a strong bill. my support when we began debate on Campbell Frist Kohl I think we can be proud of the this legislation, however the addition Chafee, L. Gorton Kyl amount of money we have in edu- of a number of troubling amendments Cleland Grassley Lincoln Cochran Gregg Lott cation. We have more money in this during consideration of this bill com- Collins Hagel Lugar bill for education than asked for by pels me to oppose this bill.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6219 Before I discuss the provisions that oversight agency. In addition, this leg- Lastly, I am disappointed that this caused me to vote against the legisla- islation would require adequate staff- legislation would delay a proposed tion, I would like to recognize Senators ing levels and appropriate training for ergonomics standard to protect work- SPECTER and HARKIN as well as the rest staff of facilities that serve the men- ers from work-related musculoskeletal of the Labor, Health and Human Serv- tally ill. These safeguards will hope- disorders. Each year more than 600,000 ices, and Education Appropriations fully prevent further harm to individ- workers suffer serious injuries, such as Subcommittee, for their efforts to in- uals who may be unable to protect back injuries, carpal tunnel syndrome crease our nation’s investments in a themselves from abuse by those en- and tendinitis as a result of ergonomic number of critical programs that serve trusted with their care. hazards. The proposed ergonomics rule our nation’s children and families. Yet, while I recommend the overall promulgated by OSHA can go a long First, this legislation includes an in- increase in education funding, I am way toward keeping our workers pro- crease of $817 million for the Child Care concerned about the elimination of ductive and our businesses profitable. I and Development Block Grant, bring- funds for critical programs. For in- hope that common sense will prevail in ing total funding for this program to $2 stance, the bill ends the bipartisan conference, and that this and other billion and allowing an additional commitment to reduce class size that counter-productive measures will be 220,000 children to be served. In my has now been funded for two years. S. remedied. opinion, this new investment in child 2553 transfers the class size funds to Mr. ABRAHAM. Mr. President, dur- care represents a significant victory Title VI, which eliminates any guar- ing the debate on the Labor-Health & for American families and it is my sin- antee that the funds will be used for Human Services-Education appropria- cere hope that this provision is re- this purpose, greatly diluting targeting tions bill for Fiscal Year 2001, Senator to high poverty schools, and severely tained in conference. I am also pleased DASCHLE offered an amendment relat- weakening accountability for how that this legislation provides $4.9 bil- ing to genetic testing and the potential money is spent. I am also concerned lion for the Head Start program, as the for genetics-based discrimination in that this bill fails to guarantee funds President had requested. This funding the workplace. for the critical area of school mod- represents a funding increase of $1 bil- I was thrilled at the recent an- ernization. Instead, it increases the lion over FY 2000. nouncement of the completion of the Title VI program by $1.3 billion, adding I also commend Senators SPECTER human genetic map, and with it, the renovation and construction of school and HARKIN for providing a $2.7 billion possibility of the full identification of increase for the National Institutes of facilities as an allowable use of funds. I am pleased that the bill acknowl- the more than three billion nucleotide Health, the largest increase in history. bases that comprise the genome. This This increase, coupled with a $2 billion edges the need for federal assistance in helping states and schools with their knowledge will bring with it limitless increase last year, put Congress on the school modernization needs; however, possibilities, vastly improving our path toward the goal of doubling our this block grant approach fails to guar- quality of life and health. nation’s investment in the search for antee that funds will be used for school Yet with this knowledge comes great medical breakthroughs over the next modernization, and fails to target responsibility. For all the good this in- five years. funds to schools with the greatest formation can do for us, there is also I also applaud the Appropriations needs. I also believe this bill does not the potential of great harm and mis- Committee’s bipartisan education go far enough to fund Title I—an im- use. One of the challenges that faces us funding increase of $4.6 billion, includ- portant program that provides supple- even now, is to ensure that genetic in- ing a record $1.3 billion increase for mental programs to enable education- formation about an individual is not special education, as well as increases ally disadvantaged children. This bill used against him or herself. for Title I grants to schools, teacher would only increase last year’s $8 bil- Despite my strong conviction that technology training, Impact Aid, Read- lion appropriation by $400 million. It is genetic information must never be used ing Excellence, vocational education, estimated that it would take $24 billion to discriminate against an individual, I school counseling, Pell grants, and to fully fund this program. was unable to support the amendment other student financial aid programs. Another area of this bill that is of offered by Senator DASCHLE relating to Mr. President, I am particularly some concern to me is the investment genetic discrimination in the work- pleased that this legislation includes in after-school programs. The bill’s place. an initiative I worked to advance last funding level for 21st Century Commu- Senator DASCHLE’s amendment is, in year that will serve to protect individ- nity Learning Centers is $400 million reality, much more than simply a tech- uals with mental illnesses from the in- below the President’s request denying nical amendment to an appropriations appropriate use of seclusion and re- 1.6 million children access to before- bill. It is a 5-page, far-reaching, broad- straint. I first became aware of the and after-school programs in safe, ly written, piece of legislation, which problem surrounding the misuse of se- drug-free environments. I am dis- would create an entirely new class of clusion and restraints in 1998 when the appointed that my amendment to in- discrimination law, creating inequal- Hartford Courant published a five-part crease spending on this crucial area to ities and conflicting with existing law. investigative series outlining the trag- $1 billion was not adopted. It is time This legislation would usurp the ju- ic practice. This series documented 142 our funding reflects the importance risdiction of the Equal Employment deaths over the last decade nationally that parents place on this national pri- Opportunity Commission and allow ge- that were determined to be directly at- ority. With 5 million children home netic discrimination suits to go di- tributable to the inappropriate use of alone each week, after-school programs rectly to the court system. This is restraint and seclusion. Additionally, must not be an afterthought. highly unusual for discrimination suits the Harvard Center for Risk Analysis I am also very troubled that this leg- and would afford this form of discrimi- estimates that between 50 and 150 re- islation now includes a patients bill of nation preferential treatment over any straint-related deaths occur each year rights proposal that offers only the il- other form of discrimination. nationally, with more than 26 percent lusion of patient protections. This In addition, this bill comes into di- of those deaths occurring in children. amendment fails to cover all Ameri- rect conflict with the Americans with This initiative will ensure that phys- cans with private health insurance and Disabilities Act, ADA. The ADA al- ical restraints are no longer used for fails to offer patients a true right to ready captures genetic discrimina- discipline or for the convenience of seek legal redress when they are tion—this has been affirmed by the mental health facility staff by extend- harmed by an HMO’s refusal to provide Secretary of the EEOC and the Su- ing to the mental health population a care. I am also disappointed that the preme Court. If we pass a separate bill standard that has been shown to be ef- majority refused to support an amend- that preempts the protections already fective in reducing the use of restraints ment offered by Senator DORGAN which provided for in the ADA, we could po- and seclusion in nursing homes. Fur- would have required that any patient tentially be undermining our support ther, this legislation will require that protection legislation passed by the for the people covered by those protec- all restraint and seclusion related Senate cover all 191 million privately tions. Just to highlight the possible in- deaths be reported to an appropriate insured Americans. equalities—the Daschle amendment

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6220 CONGRESSIONAL RECORD — SENATE June 30, 2000 would give a genetic marker greater I recently detailed the merits of this HAPPY FORESTS protection than a paraplegic. program when I spoke about my inten- Mr. DOMENICI. Mr. President, I Given the drastic and over-reaching tion to offer an amendment to S. 2 that want to speak for a few minutes about changes which would be brought about would make EFIG a mandatory compo- a pending national disaster. by the Daschle amendment, especially nent of Title I. I will briefly review Mr. President, I want to discuss in a new area such as genetic testing, those arguments here: something that is unfortunately not consideration of this legislation must EFIG has, as a principal component, part of this fire package. For over a be deliberate and well-informed. an equity factor, which measures how month, I have been working intensely Yet, there has not been a single hear- states distribute resources among with other Members and the Clinton ing on this legislation. In fact, the school districts. As policy, equalizing Administration trying to begin to ad- amendment language was not available resources among school districts has dress a serious problem that in the for review until only an hour or so be- merit well documented in academic lit- West has been highlighted in stark fore the vote. I believe it would be erature. terms by the events that happened to wrong and even negligent to pass legis- Moreover, many States are being the community of Los Alamos in my lation without knowing exactly how it compelled by the courts to equalize re- state, as just one example. What hap- would affect Americans’ lives, now and sources among school districts. Over 30 pened to the homes and families of Los far into the future. states have been taken to court on the Alamos is unfortunately going to hap- The Senate Health, Education, Labor basis of an unequal distribution of re- pen again unless we, as a Congress, can and Pensions Committee has already sources. My amendment would provide convince the Clinton Administration to planned the first hearing on this mat- some relief to states that are currently join us in bold and deliberate actions. ter in July. I am confident, that with required by the courts to equalize re- Throughout the United States there is careful deliberation and thorough de- sources among school districts by in- an increasing amount of land in what bate, we will succeed in finding the creasing their share of Title I funds. natural resource scientists and fire- most effective and appropriate way to My amendment would also provide the fighting experts call the ‘‘wildland/ ensure that no one will have their ge- incentive to equalize resources to urban interface.’’ With more people netic-information used against them. I states which may not have already moving into the West, and more homes am looking forward to the challenge. done so. being built in communities surrounded ∑ Mr. HATCH. Mr. President, today the The Education Finance Incentive by federal lands, neighborhoods like Senate passed H.R. 4577, the Labor- Grant program would be the only part those that burned in Los Alamos are HHS-Education Appropriations Act. I of the Title I formula that does not use becoming more numerous. would like to congratulate my col- the per-pupil expenditure as a proxy for At the same time, as a consequence leagues, Senator SPECTER, Senator a state’s commitment to education. of decades of fire suppression as well as STEVENS, and Senator HARKIN for There are many ways to measure a years of increasing drought, many mil- working together to pass one of the State’s commitment to education—the lions of acres—by the General Account- more contentious of the annual appro- per-pupil expenditure is merely one. In- ing Office’s estimate, 39 million or priations bills. deed, one of the most damaging aspects more acres—of national forests are at I appreciate the comity and courtesy of the Title I formula is that it is rep- high risk of wildfires. They are in this displayed by the managers of this bill. licated as a means to distribute Fed- situation because fuel loads have risen I realize that most of my colleagues eral money to the states in other pro- to dangerous levels and forest manage- have specific priorities they wish to grams that have no relation to Title I. ment has been dramatically curtailed highlight in this measure. I appreciate The insertion of another measure of a at the same time. The escape of the the managers’ support of the Inhofe state’s commitment to education is ap- prescribed fire in Bandelier National amendment regarding the Impact Aid propriate. Monument, and its subsequent effect program. As I have stated in the past, When EFIG is a factor in the Title I on the town of Los Alamos make it this is a vital program for Utah. formula, more states do better than clear, as Secretary Babbitt has already I also appreciate the fact that the under current law. This was a key fac- conceded, that in many places pre- subcommittee has once again included tor in the debate over the 1994 reau- scribed fire is not a viable management a provision which would allow school thorization of the Elementary and Sec- tool to reduce fuel loads. It is particu- districts adversely affected by a recal- ondary Education Act and why it was larly risky to use in the wildland/urban culation of the census to keep their the intent during the enactment of the interface because of the presence of Title I concentration funds. 1994 reauthorization that any addi- homes and families. According to Utahns who live and tional funds directed to Title I go out Therefore, joined by others Members work and educate our children in these through the EFIG. Indeed, it was the on both sides of the aisle, I worked districts, this cut would do a huge dis- reason why a number of Senators voted over the last few weeks to provide the service to Title I students in these dis- for the conference report. It is my Administration with both the re- tricts. These hardworking Utahns have strongly held conviction that the in- sources and the tools to begin an accel- informed me that they believe that the tention of the 1994 act should be real- erated program of fuel reduction in census calculations do not adequately ized, and I will continue to pursue this wildland/urban interface areas for com- reflect the pockets of poverty that goal. munities that are at risk throughout exist in these districts. Some of the I do not believe that the Senate the West. We suggested a number of schools in these districts have a pov- should authorize on an appropriations proposals that the Administration erty rate, when calculated based on measure, which is why I did not offer found too hot to handle. For instance, school lunch data, at over 70 percent. I my amendment during consideration of we asked whether the Council on Envi- am pleased that the subcommittee has this bill. However, I join with many of ronmental Quality would designate accepted the recommendation to hold my colleagues who have expressed con- this an emergency situation and expe- these districts harmless. cerns over the possibility that, for the dite NEPA compliance for hazard fuel I intend to vote in favor of the Labor- first time in nearly 30 years, the Con- reduction activities in the wildland/ HHS-Education Appropriations bill, gress will fail to reauthorize vital ele- urban interface. The Administration but I would be remiss if I did not take mentary and secondary education pro- representatives said no. They felt that this opportunity to note, once again, grams. I sincerely hope that those who this would be too controversial with that a crucial provision in the Title I have obstructed enactment of S. 2 will national environmental special inter- formula remains unfunded. The Edu- reconsider their position and allow the est groups. They pleaded with us not to cation Finance Incentive Grant Pro- bill to go forward.∑ pursue this option. gram was authorized in the 1994 Ele- The PRESIDING OFFICER. Under We asked whether they could suspend mentary and Secondary Education Act the previous order, the Senator from administrative appeals for these hazard and is included in S. 2, the ESEA reau- New Mexico is recognized to speak as if fuel reduction projects. That would thorization, currently pending before in morning business. eliminate one source of delay. Anyone the Congress. The Senator from New Mexico. who wanted to stop one of these

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6221 projects could still go directly to fed- the affected communities and the fed- And finally, when you’re forced to eral court. Here again, the Administra- eral land management agencies to gain see it up close, when it affects a com- tion said no. They urged us not to pro- some consensus on approaching this munity in your state, when you’re not pose suspending appeals because it problem. That was the intent of direct- just watching it on TV, but actually would be met with opposition by na- ing the Secretaries to produce these meeting with the citizens of your state tional environmental special interest lists. who have been burned out of their groups. It was also our hope that, as commu- homes and their neighborhoods—just We suggested the use of stewardship nities recognized the degree of risk, tell them that the Administration contracts to do fuel reduction work. A they would match some of the federal didn’t want to prevent the problem stewardship contract is one where the contributions with their own money from occurring because they were government can trade the value of any and effort. This would get the work afraid it might encourage too much merchantable material removed done even more quickly. logging. Just tell them that the Ad- through a fuel reduction project Regrettably, I must inform the Sen- ministration didn’t want to prevent against the cost to the government of ate, including Members from western the problem from occurring because the fuel reduction activity. This is an states who have communities at risk, they were afraid of the national envi- authority that would be very useful, and some burning now, that the Ad- ronmental groups who claim to want to but that the federal government pres- ministration rejected our proposal be- save the environment. Maybe then the ently lacks. Here again, the Adminis- cause they thought that ‘‘it might en- Administration will realize that they courage logging.’’ Now remember we tration felt that there was too much should have been afraid of what would weren’t talking about wilderness areas. national environmental special inter- happen if they did listen to the na- And we weren’t talking about roadless est group opposition to stewardship tional environmental special interest areas either. Nor were we talking contracting. They urged us not to pur- groups. about areas of special significance for sue this option. The publicly owned forests of Amer- Throughout this discussion we told ecological or wildlife values. We were ica are not very happy today. I in- the Administration that we would be just talking about the federal lands ad- tended to put on the supplemental bill jacent to communities. We were talk- sensitive to their concerns, as long as a provision that I was going to call ing about the woods next to subdivi- they would commit to us that they ‘‘happy forests.’’ That is a strange sions. We were talking about places would not treat this crisis in a ‘‘busi- name. But it is either happy forests or like the city of Los Alamos, or people ness as usual’’ fashion. We weren’t sim- it is what we have today. What we have burned out of the Lincoln National ply going to give them more money today is a philosophy that seems to say Forest in New Mexico. We could have and say we had resolved the problem to the forests of our land: Burn, baby, easily have been talking about Santa when we know that isn’t true. burn. That is the theme. Fe, New Mexico, or Bend, Oregon, or The administration fears logging and Finally, Senator BINGAMAN and I Sedona, Arizona, or Missoula, Mon- came to an agreement on the addi- it is frightened to death when anyone tana. We could have been talking about suggests something that might sound tional tools and resources that we neighborhoods in each of those cities, like ‘‘logging.’’ It is all right if they would provide the Administration and many dozen more scattered keep their policy not to cut anything while being sensitive to their concerns. throughout the semi-arid, western going, but it is not all right where the We wanted to increase fuel reduction states. forests of America come in contact activity by $240 million. In the course Even though we were talking about with communities. The interface be- of doing that, we were going to direct these kinds of areas, the Administra- tween communities, buildings, church- the Secretary of the Interior and Agri- tion was much too concerned with of- es, and the forests of America is just culture to use all available contracting fending environmental special interest crying out while waiting for a forest and hiring authorities under existing groups to move aggressively and effec- fire that will devour communities and law to do this work. We were also going tively to reduce fire risks because it burn down buildings. to provide the Secretaries with author- might involve encouraging logging. I have a city in my state called Santa ity which they now lack to do some of Well this is a tragedy. And it’s a Fe. Everybody knows of Santa Fe be- this work using grants and cooperative tragedy that will be repeated as the cause it is a great place to go. The agreements. We asked the Secretaries, summer progresses. It is a tragedy that mayor recently has taken many people at their sole discretion, to do this work will probably occur each week until the to see the forests around Santa Fe and in a way that would provide jobs to snow falls later this year. the community. Santa Fe is frightened local people, opportunities to private, I want to advise the Senate that that their watershed is going to burn non-profit, or cooperating entities, when you next look at footage of forest down. It is right up against the com- such as youth conservation corps, and fires on CNN, just remember that the munity and provides its water. That opportunities for small and micro busi- Administration didn’t want to address watershed will burn down while the nesses. this problem because they were afraid U.S. Government sits in its ivory tower We must begin a serious dialogue it might encourage logging. When you and says don’t do a thing that might throughout the West about the sever- look at footage on CNN of burned out look like logging, might smell like log- ity of the problem that we face. In forests, dead and dying wildlife, and ging. order to accomplish this, we directed devastated watersheds, just remember Even on this bill that we have before the Secretaries by September 30 of this that the Administration didn’t want to the Senate, which provides emergency year to produce a list of all of the address this problem because they were fire relief, the administration ended up urban/wildland interface communities, afraid it might encourage logging. rejecting, after negotiating for weeks, within the vicinity of federal lands When you see footage on CNN of language that would have helped thin that are at risk from wildfire. In that burned-out neighborhoods, destroyed forests to protect communities. This list, we asked the Secretaries to iden- homes, devastated families and ruined was a small, but very necessary, pro- tify those communities where hazard lives, just remember that the Adminis- gram. Before we are finished this year, reduction activities were already un- tration didn’t want to prevent this the American people are going to have derway, or could be commenced by the problem because they were afraid that such a fear about the forests burning end of the calendar year. We further by doing so they might encourage log- down they will support a policy across asked the Secretaries to describe by ging. And next winter, when you see this land of thinning these forests in May of next year, the roadblocks to be- the first CNN footage of dramatic flash the interface with communities and ginning hazardous fuel reduction work floods in watersheds that were burned- buildings. in the remaining communities on the over the previous summer, and you see We had a fire that cost the Govern- list. homes buried in the mud, just remem- ment over $1 billion in Los Alamos, af- It was our view that this would pro- ber that the Administration didn’t fecting our laboratory and the people vide an opportunity to commence a want to prevent that problem because that work there, because the Interior very necessary dialogue: (1) among they were afraid it might encourage Department started a fire, a ‘‘con- communities at risk, and (2) between logging. trolled burn’’, on a national monument

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6222 CONGRESSIONAL RECORD — SENATE June 30, 2000 right next to Los Alamos. They didn’t tion negotiators have knocked four other sity of Arizona, was among those who toured follow the right rules, didn’t have the retrograde environmental riders out of the the watershed. right weather; they did everything supplemental bill, having to do with hard- Studies of three rings over the past 400 years or so show that fires of low intensity wrong. The little fire got to be a big rock mining, timbering, reform of the Corps of Engineers and the opening of a wildlife used to burn every 10 years or so. With fire and the U.S. Government burned refuge to development. Four for four is nifty. flames only a few feet high, such fires burned down 48,000 acres, put 400-plus families Make it five. away the grass and underbrush without out of their homes by burning them to The regulation in question involves some- harming the large trees. the ground. The Cerro Grande fire thing called total maximum daily loads, or In the 20th century, however, Swetnam burned almost $200 million worth of TMDLs. The Clean Water Act has mainly said, a new pattern emerged. Heavy grazing Los Alamos scientific buildings. We are been enforced over the years through a per- by domesticated animals reduced the grass lucky that the whole community didn’t mit system that has reduced pollution from cover in the forests so low-intensity fires no particular major sources—factories, sewage longer were common. burn to the ground. treatment plants, etc. The permitting effort The Santa Fe watershed probably hasn’t Sooner or later, we are going to have has been a success, but many bodies of water burned in the past 150 to 200 years, Swetnam to get serious and pass the kind of leg- in the country are still dirty—too dirty to said. Such lack of fire has led to unnaturally islation which would have been on this fish or swim in, for example. They either heavy buildup of dead trees and other mate- bill. The administration called it a have too many sources of pollution nearby or rial in the forest. rider. The distinguished newspaper, the are afflicted by generalized urban and agri- When such an overgrown forest burns— Washington Post, today argues against cultural runoff, which up to now the govern- such as in the Cerro Grande fire—the huge riders on this pending bill. They said ment has done little to regulate and which is flames travel through the tops of the trees, killing them and leaving the landscape one of riders removed encouraged said to account for the majority of remaining pollution. denuded. ‘‘timbering.’’ I ask the editors to read Where bodies of water are still too dirty, ‘‘The Santa Fe watershed may not burn up the language. It did not encourage tim- states would be instructed to determine the tomorrow, or next year or the next five years bering. It said thin the dangerous for- maximum daily loads they can tolerate and or so,’’ Swetnam said. ‘‘But the Santa Fe wa- ests where communities are at risk, develop plans to ratchet down pollution ac- tershed is one of the places on the landscape and it provided great limitations. It en- cordingly. The process would be gradual, and of the Southwest where there is a fairly high courages the use of locals in rural com- indeed, until recently, some environmental urgency.’’ Daniel Neary, a soil scientist with the U.S. munities, and give jobs to their young groups were fighting the proposed regulation on grounds it was too weak. Democrats on Forest Service, said catastrophic fire results people, to clean out the forests in the the Senate Environment and Public Works in soil that for the first year or so won’t ab- summer. Committee sent a letter to Senate leaders of sorb water. This causes heavy runoff and ero- This committee of appropriations is both parties yesterday, protesting the late- sion—both of which would likely hurt the willing to get it the program started. night insertion of the rider and urging in- city’s water supply and possibly threaten This administration said we will veto stead an open debate ‘‘in clear public view.’’ flooding downstream. this whole bill, even as far as defense of That’s just what ought to happen. Mark Dubois, an assistant professor of For- our Nation goes, if you put something estry and Wildlife Sciences at Auburn Uni- [From the Sante Fe New Mexican, June 28, versity, said conditions in the Santa Fe wa- in that changes the way we are doing 2000] tershed are such that it will take a combined things on federal land. EXPERTS URGE IMMEDIATE ACTION TO EASE approach of carefully controlled burns, A panel of experts recently visited FIRE THREAT IN WATERSHED thinning and other means to try to reduce the watershed of Santa Fe, NM. They (Ben Neary) the fire danger. made a statement. They are frightened ‘‘The central observation I walked away The federal government should act fast to with today is there is not one-size-fits-all,’’ that watershed will burn down because try to avert catastrophic fire on the water- Dubois said of the watershed. the area hasn’t been thinned and noth- shed that provides nearly half of Santa Fe’s Regis Cassidy of the Sante Fe National ing is being done to the forest land to city’s water supply, a panel of experts re- Forest said there would probably be enough ported on Tuesday. keep it from turning into a tinderbox. work in thinning the watershed to keep con- ‘‘We’ve got the fuels, we’ve got the topog- I ask unanimous consent to have tractors employed for five to 10 years. He raphy and we’ve got the ignition sources. It’s printed in the RECORD an editorial said there are perhaps 600 acres where trees just a matter of them coming together at the from the Washington Post and an arti- could be easily cut, another 2,000 acres where same time,’’ Bill Armstrong of the Santa Fe cle from the Santa Fe New Mexican. extremely steep terrain would make work National Forest told a packed auditorium at difficult and perhaps another 4,500 acres There being no objection, the mate- the State Land Office on Tuesday night. rial was ordered to be printed in the Armstrong escorted a panel of watershed where the terrain is too steep to cut at all. RECORD, as follows: experts to inspect the 18,000-acre watershed Some local environmental groups have said they intend to fight the Forest Service [From the Washington Post, June 30, 2000] Tuesday. The group ten reported their plan to thin the watershed, saying they be- A DIRTY WATER RIDER findings. ‘‘There’s nothing like a couple of large lieve the plan amounts to an inappropriate Senior congressional Republicans slid a clouds of smoke to make everyone scurry plan to log in sensitive areas along the river. provision into the supplemental appropria- around,’’ Armstrong said. ‘‘I feel like a ro- No representative from such groups spoke at tions bill late Wednesday night that would dent on amphetamines here.’’ Tuesday’s meeting, although officials said have the effect of blocking a major new Armstrong had just finished preparing an they had been invited. clean water regulation. The notion was that environmental study calling for thinning the Mr. CRAIG. Will the Senator yield? the president would have to accept the provi- forest in the Jemez Mountains before the Mr. DOMENICI. I yield. sion, since the alternative would be to veto catastrophic Cerro Grande fire burned a long-delayed bill that he badly wants. The Mr. CRAIG. I thank Senator DOMEN- through the area last month and went on to ICI for spelling out so clearly the crisis supplemental request, which he sent to Con- destroy hundreds of homes in Los Alamos. gress last winter, includes the administra- The Cerro Grande fire was followed closely on the Nation’s public lands today. tion’s proposed aid to Colombia, support for by the Viveash fire, which narrowly missed Yesterday, I held a hearing and I had the military operation in Kosovo and a back- burning the Gallinas River watershed, which two regional foresters: A regional for- log of domestic disaster relief, including help supplies the city of Las Vegas, N.M., with ester that largely is in charge of all the for victims of Hurricane Floyd, which oc- the bulk of its water supply. forests in Montana, Idaho, Oregon, and curred a year ago. Those fires, with their huge smoke col- Washington; the other forester in But our sense is that, if the offending lan- umns visible from Santa Fe, have sparked guage can’t be removed—discussions were charge of all the forests along the Si- both city and Forest Service officials to try erra Nevada in California. They admit- continuing last night—the president should to step up action on a plan to reduce the dan- veto the bill. Let the onus for the delay in ger of fire destroying the Santa Fe water- ted yesterday that this President’s these funds—for support of U.S. troops shed. roadless policy is going to jeopardize 21 abroad, for people who have been waiting in The Forest Service and the city are work- million acres of forested lands that are line for up to a year for disaster aid—be ing together on a study of how thinning now at high risk to catastrophic placed where it belongs, at the doorstep of work should proceed. wildfires, the very thing the Senator is members of Congress who would hold the Actual thinning of trees probably couldn’t talking about. Yet this President’s pol- money hostage to a furtive cause. The presi- start until next year at the earliest and like- dent can make that speech—and should. The ly will continue for five to 10 years, Arm- icy is to lock it up, walk away, and administration made a big thing last year of strong said. hope it doesn’t burn. the clean water step it was taking, and it’s Thomas W. Swetnam, director of the Lab- We are talking, as the Senator so the right step. In recent days, administra- oratory of Tree-Ring Research at the Univer- clearly spelled out, about thinning and

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6223 cleaning—not extensive logging—but and urged that the areas be sprayed the Interior shall jointly publish in the Fed- clearly changing the environment in a and be thinned to prevent that from eral Register a list of all urban wildland way that fire would not be as destruc- spreading. I regret to tell the Senate interface communities, as defined by the Secretaries, within the vicinity of Federal tive as it has been at Los Alamos. just yesterday I had to have people lands that are at risk from wildfire. This list I cannot forget the picture on tele- come and cut down two of our beautiful shall include: vision, the DA Cat rolling along the spruce trees on the little lot I own be- (1) an identification of communities fire line in the forests of New Mexico, cause I and my neighbors, who are ad- around which hazardous fuel reduction treat- rolling along the dirt, right down jacent to the national forest, are to- ments are ongoing; and through a riparian area. Why? To put tally infested—the trees are totally in- (2) an identification of communities out the fire. vested by beetles. The beetles are kill- around which the Secretaries are preparing to begin treatments in calendar year 2000. Now, if the proper action had hap- ing the trees. (c) Prior to May 1, 2001, the Secretary of pened the way the Senator spelled it All of this could have been prevented. Agriculture and the Secretary of the Interior out, that would never have occurred at This is the same as wildfires. In fact, shall jointly publish in the Federal Register Los Alamos, with 21 million acres now beetle kill is worse than wildfires be- a list of all urban wildland interface commu- at risk of catastrophic wildfires as a re- cause it totally consumes the future, nities, as defined by the Secretaries, within sult of this President’s policy. and it is very difficult to remove these the vicinity of Federal lands and at risk Mr. KYL. Mr. President, I, too, want trees. from wildfire that are included in the list to comment briefly on the comments I commend the Senator. I hope he published pursuant to subsection (b) but that are not included in paragraphs (b)(1) and of the Senator from New Mexico. We will reinitiate his proposal. He is cor- (b)(2), along with an identification of rea- will have a lot more to say about this rect. Because of the basic problem, all sons, not limited to lack of available funds, in the future because this is a national the editorial backlash that was built why there are not treatments ongoing or crisis. up against his legislation, we were un- being prepared for these communities. For today, let me simply acknowl- able to include that in this bill. But I (d) Within 30 days after enactment of this edge that what Senator DOMENICI and look forward to working with him this Act, the Secretary of Agriculture shall publish in the Federal Register the Forest Serv- Senator CRAIG have said represents a year on this subject to try to force this huge challenge to this Nation. Accord- ice’s Cohesive Strategy for Protecting Peo- administration to recognize their re- ple and Sustaining Resources in Fire-Adapt- ing to the GAO, 38 million acres of for- sponsibility in protecting these na- ed Ecosystems, and an explanation of any ests in the United States are in jeop- tional forests and, in doing so, to pro- differences between the Cohesive Strategy ardy of either dying or burning unless tect the private property owners near- and other related ongoing policymaking ac- they are quickly treated. We have less by. tivities including: proposed regulations re- than 20 years to accomplish this treat- Mr. DOMENICI. Mr. President, I vising the National Forest System transpor- ment. It is not only the risk of cata- want to have printed in the RECORD the tation policy; proposed roadless area protec- strophic forest fires, including the dan- statutory language Senator BINGAMAN tion regulations; the Interior Columbia ger to communities around which these and I worked on that we wanted to in- Basin Draft Supplemental Environmental Impact Statement; and the Sierra Nevada forests are located, but also the pros- corporate here to get started, which Framework/Sierra Nevada Forest Plan Draft pect that they will die of disease or language was denied by threat of the Environmental Impact Statement. The Sec- malnutrition because they are so veto. I am not suggesting Senator retary shall also provide 30 days for public crowded together that they are com- BINGAMAN agrees with every statement comment on the Cohesive Strategy and the peting for the nutrients and the water I made on the floor, but one can read accompanying explanation. which, at least in the Southwest, are so the proposed legislation and see that it Mr. DOMENICI. Mr. President, I say scarce. is very reasonable. to my friends who have spoken to this, In the area of Arizona where there I ask unanimous consent that be there is a novel position in this legisla- has been research into this—now at printed in the RECORD. tion I think you will like. I am not least half a dozen years of experience— There being no objection, the mate- sure it was not what brought certain we find that when the areas are rial was ordered to be printed in the environmentalists to the White House, thinned and then prescribed burning is RECORD, as follows: along with some others. There are so introduced, you don’t get the cata- Fuels Reduction many people such as mayors and coun- strophic fire. You do get much better At the appropriate place, insert the fol- cilmen in communities who ask us: tree growth, more pitch content, so lowing new section: Look. Right over there are all these that they are not subject to the beetle SEC. . PROTECTING COMMUNITIES FROM RISK dead trees, thousands of dead trees. infestation, for example, and higher OF WILDLAND FIRE. (a) In expending the emergency funds pro- They say: Why do we leave them there protein content so the grasses can grow vided in any Act with respect to any fiscal dead? The longer we leave them in that on the floor. This brings in more mam- year for hazardous fuels reduction, the Sec- position, they are going to turn more mals and birds into the area. And the retary of the Interior and the Secretary of and more into additional fodder for forest returns to the park-like condi- Agriculture may hereafter conduct fuel re- fires. What good do we get out of dead tion that existed at the turn of the cen- duction treatments on Federal lands using trees, just sitting there? tury. all contracting and hiring authorities avail- Actually, what we are going to say There have been a lot of bad policies able to the Secretaries. Notwithstanding when we finally get around to passing since then, and a century of activity Federal government procurement and con- this is that the U.S. Government, tracting laws, the Secretaries may conduct which resulted in the destruction of fuel reduction treatments on Federal lands which owns that property has to, in the national forests of this country. using grants and cooperative agreements. writing, tell that community why they The task is huge. We need to get Notwithstanding Federal government pro- cannot thin that forest, and what is started. I will be supporting the efforts curement and contracting laws, in order to holding up action. It is going to be in- of the Senator from New Mexico and provide employment and training opportuni- teresting. This should become law be- others in trying to ensure that we can ties to people in rural communities, the Sec- cause, sooner or later, I am going to literally save our beautiful national retaries may hereafter, at their sole discre- ask the Senate to vote on it. We ask forests. tion, limit competition for any contracts, something that is very understandable I thank the Senator. with respect to any fiscal year, including contracts for monitoring activities, to: and makes common sense. Mr. STEVENS. Will the Senator (1) local private, non-profit, or cooperative But you see, if you are holding fuel yield? entities; reduction up for a year and a half for a Mr. DOMENICI. I am happy to yield (2) Youth Conservation Corps crews or re- NEPA statement on land that just has to the Senator. lated partnerships with state, local, and non- dead trees on it, somebody is going to Mr. STEVENS. The Senator from profit youth groups; say: Why don’t we hurry up? Why does New Mexico is not only speaking about (3) Small or micro-businesses; or it take so long? (4) other entities that will hire or train a the forests, but people forget that the significant percentage of local people to Getting that information is going to forests contaminate the private lands complete such contracts. be part of this process of trying to get nearby. We warned the Forest Service (b) Prior to September 30, 2000, the Sec- action. We should be saying to our for- about the beetle infestation in Alaska retary of Agriculture and the Secretary of ests and the communities abutting

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6224 CONGRESSIONAL RECORD — SENATE June 30, 2000 them: We want you to live together. proceed to vote on passage of the bill, what the rogue nations are doing. We don’t want one to burn the other with no intervening action or debate. Much of what the rogue nations are one out. And you cannot promise them Before the Chair rules, I would like being supplied with is coming from the that if you do not thin those forests. to announce that it is my intention, as Chinese Government and Chinese gov- With that, I am finished, and I yield I have reiterated to the Armed Services ernmental entities. the floor. Committee, that I will give them the What this bill does is provide for an Mr. STEVENS. Mr. President, I sug- opportunity to consider and, hopefully, annual assessment. It is China specific. gest the absence of a quorum in the ab- conclude the DOD authorization bill. In It is an annual assessment as to their sence of a leader. He has asked for a fact, I am going to try to do a unani- level of proliferation activities. If any quorum until he returns. I suggest the mous consent request on that next. We entities are engaged in those activities, absence of a quorum. will try to get that Department of De- there are certain responses in which The PRESIDING OFFICER. The fense authorization bill done—a very our country engages to cut off those clerk will call the roll. important bill—before the August re- entities with regard to dual-use trade, The legislative clerk proceeded to cess. munitions trade, access to our capital call the roll. We are now working on a consent market. There is an array of things the Mr. GRAMM. I ask unanimous con- that was outlined last night by the President has to choose from to resent the order for the quorum call be chairman and ranking member. It is spond to that. rescinded so I may simply make a my hope that we could get an agree- Mr. DOMENICI. I say to the majority statement as in morning business. ment on that time. If there is a prob- leader, I have no objection. I withdraw The PRESIDING OFFICER. Is there lem with it, we will continue to work my reservation. objection? to find an agreement where we can re- Mr. SHELBY addressed the Chair. Mr. STEVENS. I object. move the nongermane amendments, The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Objec- deal with the Defense amendments, and ator from Alabama. tion is heard. complete that very important legisla- Mr. SHELBY. Mr. President, I have a The legislative clerk continued with tion. reservation that maybe the majority the call of the roll. So that is my request that I pro- leader can clarify, if he will yield for a Mr. MCCAIN. Mr. President, I ask pound at this time. question. unanimous consent that the order for The PRESIDING OFFICER. Is there Mr. LOTT. Mr. President, I would be the quorum call be rescinded so that I objection? glad to yield under the Senator’s res- may speak as in morning business. Mr. REID. Reserving the right to ob- ervation and respond to the question. The PRESIDING OFFICER. Is there ject. Mr. SHELBY. Does this only relate objection? Mr. SHELBY. Reserving the right to to bringing up the THOMPSON bill and Mr. STEVENS. I object. object. nothing else? The PRESIDING OFFICER. Objec- Mr. REID. Mr. President, I will have Mr. LOTT. This unanimous consent tion is heard. The clerk will continue to object until Senator BAUCUS arrives. request only deals with the bill S. 2645, to call the roll. He is on his way. Hopefully, this mat- the China Nonproliferation Act. No The legislative clerk continued with ter can be resolved very quickly. other issue, no other bill is included in the call of the roll. He has just walked in the Chamber. it. Mr. LOTT. Mr. President, I ask unan- Senator BAUCUS is here. He can speak Mr. SHELBY. I have no objection. imous consent that the order for the for himself. So until Senator BAUCUS Mr. BAUCUS addressed the Chair. quorum call be rescinded. has a chance to—— The PRESIDING OFFICER. Without Mr. LOTT. Others might seek to be The PRESIDING OFFICER. The Sen- objection, it is so ordered. recognized on this on their reservation. ator from Montana. Mr. BAUCUS. I arrived on the floor a f Mr. REID. I have my reservation. Mr. DOMENICI. Reserving the right little late. CHINA NONPROLIFERATION ACT to object, might I ask the leader a What is the pending business? Mr. LOTT. Mr. President, we have question? The PRESIDING OFFICER. A unani- talked a great deal about the need to Mr. LOTT. Certainly. mous consent request by the majority find a way to consider the China trade Mr. DOMENICI. I ask the majority leader is pending. bill and also to consider the problem of leader, you said something about a Mr. BAUCUS. Mr. President, reserv- China nuclear weapons proliferation. freestanding nonproliferation bill? ing the right to object, my concern is Senator THOMPSON has done a lot of Mr. LOTT. Yes. that we are setting the July schedule, work in this area, as have others. He Mr. DOMENICI. What is that? albeit part of the July schedule, but has a bill that he would like to have Mr. LOTT. Mr. President, in answer without inclusion of a date or time for considered and has agreed for it to be to the question of the Senator from PNTR. I am very concerned that as we considered freestanding, separate from New Mexico, this is legislation that has start taking up matters in July—even the China PNTR legislation, and that been developed by Senator THOMPSON. though it is the THOMPSON amend- he would not feel a need—if I could It is the China Nonproliferation Act. ment—who knows what might inter- speak for him just momentarily—to Perhaps under the Senator’s reserva- vene. You have reconciliation; you offer it as an amendment to the China tion, he would like to yield to Senator have appropriations bills, and whatnot. bill, if we can get it considered free- THOMPSON so he could give a brief re- Because we do not have a date certain standing. sponse to that question. on the request for PNTR, it could very So we have worked through that. I Mr. THOMPSON. Mr. President, if I easily slip into September or even a have discussed this with a number of might please respond to my colleague. later date. interested parties, including Senator Mr. DOMENICI. Please. I know it is very much the intention DASCHLE, and other members on both The PRESIDING OFFICER. The Sen- of the majority leader to bring up the sides of the aisle. ator from Tennessee. PNTR in July. He has said that many Mr. President, I ask unanimous con- Mr. THOMPSON. I say to Senator times. And I very much appreciate sent that on Monday, July 10, at a time DOMENICI, this is a piece of legislation that. But as I have said personally to to be determined by the majority lead- that is in response to the continuing the majority leader, I am not so cer- er, after consultation with the minor- array of reports and information that tain that, despite his best intentions, ity leader, that the Senate proceed to we have concerning the continued pro- he can totally control whether or not the consideration of Calendar No. 583, liferation of weapons of mass destruc- PNTR actually does come up in July. S. 2645, the China Nonproliferation Act. tion in which the Chinese are engaged. In addition, the merits of the bill I further ask consent that the bill be As you know, we are in the process of that would otherwise be scheduled to limited to relevant amendments. I fi- having an extensive national missile come up after the July recess is very nally ask consent that not later than defense system debate in this country. dangerous. I do not think Senators 12:30 on Tuesday, July 11, the Senate Much of the reason for that need is have really had the time to look at the

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6225 provisions of that bill, to think The PRESIDING OFFICER. Is there cluded a title II that had the emer- through the implications of that bill. It objection? gency funds for the Kosovo situation, has unilateral sanctions, mandatory— The PRESIDING OFFICER (Mr. BEN- for the Colombia drug war, and also for not discretionary—sanctions against NETT). The Democratic leader. emergencies associated with Hurricane China. It is very overdrawn. American Mr. DASCHLE. Mr. President, I will Floyd, the fires, and other issues. companies doing business in China just say, as I indicated last night, we During the process of the conference, could be sanctioned. It has want to work with the majority, with other issues were added. Some issues extraterritorial provisions which are the leader, to accommodate his desire that were in were taken out. That is way beyond the ordinary rules of inter- to bring this bill to closure. We are just the way a conference works. I must national law. I think it would cause a about there. We are not quite there. I confess that I didn’t get a look at the tremendous strain in the context of have been talking with one of my col- final product myself until this morn- PNTR. leagues in regard to that particular re- ing. I think we actually had access to My concern is that we are setting the quest. We are not there yet. Unfortu- it last night. We did get access to it. schedule for July, albeit just a part of nately, I will object. Senators had an opportunity to review July, that does not include probably Mr. LOTT. Before the Senator ob- that. If points of order need to be the most important vote that this Sen- jects, in the spirit of cooperation that made, they can be made. But this is for ate is going to take up this Congress; we are working under, I would like to military construction and for emer- that is, passage of PNTR. And until withdraw the request so we can keep gencies. We need to get this done. It is there is a date set for PNTR, I must re- working and see if we can get this already late. There are a lot of people, spectfully object. agreed to today. there are a lot of different reasons for The PRESIDING OFFICER. Objec- Mr. DASCHLE. That would be pref- how that happened, but here we are. As tion is heard. erable. majority leader, I have a responsibility Mr. LOTT. Mr. President, we will The PRESIDING OFFICER. The re- to try to bring it to a conclusion and continue to work with both sides of the quest is withdrawn. take whatever time that requires. aisle to see if this matter can be dealt Mr. WARNER. Mr. President, this is I will shortly ask unanimous consent with in an acceptable way, aside from precisely what I and Senator LEVIN and that the military construction appro- it being offered as an amendment to Senator REID and others have been priations conference report come up. I the China PNTR bill. I think that working on. On our side, as best I can need to inform all Members that if the would be potentially a large problem assess, there is one remaining under- agreement is not agreed to or a similar because if it were adopted, certainly standable discussion that must take version to this that can—if we cannot then that legislation would have to go place between Chairman ROTH of the come up with something that could be back to the House, and there is a lot of Finance Committee and the distin- entered into by the full Senate, then it concern about that. guished senior Senator from West Vir- would be my intention to call up the As far as a time to consider the ginia, Mr. BYRD. I believe other indica- conference report and Senators MCCAIN major bill, the China PNTR, this is an tions on our side have been fulfilled. I and GRAMM will ask, as I understand it, important part of the process in a have worked through the morning. I that it be read. If that is done, it would move in that direction. And until we believe they are fulfilled. So if that one take some 6 hours, I am told by the get this resolved, then it is going to be remaining issue can hopefully be re- staff, to read the conference report. I very hard to focus on exactly what solved, we might be able to readdress date we could get a vote on the bill. still hope we can avoid that. If there I must also add that it is true we this today. are problems with the conference re- have a lot of important work to do in Mr. LOTT. Mr. President, it looks as port, let’s talk about it. If points of July. We have to deal with the very un- if we are going to be here for quite order are going to be made, let’s do fair death penalty. We have to deal some time. I believe we will have an them. We will have time to understand with eliminating the marriage penalty opportunity later on in the day to try exactly what is in the bill. tax. We have to pass the agriculture again. We will certainly do our very I am sure we will hear from Senator appropriations bill. We have to pass the best to get this agreed to. It is an im- STEVENS and Senator BYRD and others Interior appropriations bill. We have to portant issue. We will do everything we who are familiar with the details. That pass the Housing and Veterans Affairs can to come up with a fair agreement. is what it is all about. I realize it is appropriations bill. We have to pass the Mr. BYRD. Mr. President, reserving Friday afternoon, but Members have Commerce-State-Justice appropria- the right to object, until some under- been told for weeks that we would be in tions bill. We have to pass the Treas- standing is agreed to on the amend- session on this Friday and would be ury-Postal Service appropriations bill. ment to which Mr. WARNER has al- having votes. We have a lot of work to do, and none luded, I will object. This is an important vote. All we can of it is insignificant. f do is try to come up with a way that we can have a good debate, but if there The people’s business needs to be MILITARY CONSTRUCTION APPRO- taken care of. This is just a part of is objection to proceeding and insist- PRIATIONS ACT, 2001—CON- ence that it be read, then we will have that process. But I understand the Sen- FERENCE REPORT ator’s objection. We will keep working to do that. After that there could be a to see if we can find a time and a way Mr. LOTT. Mr. President, if I could series of votes on points of order and to do it. turn to the military construction ap- hopefully on final passage. propriations conference report, that is I want to outline the situation as it f a very good bill that passed way back now stands. I ask unanimous consent DEPARTMENT OF DEFENSE in May, I think it was May 18. This im- that the Senate now proceed to the AUTHORIZATION portant military construction con- conference report and it be considered Mr. LOTT. Mr. President, I now have ference report passed the Senate under as having been read. I further ask a unanimous consent request that the the leadership of Senator CONRAD unanimous consent that following 10 only first-degree amendments remain- BURNS, but from the very beginning, it minutes for debate between the two ing in order to the Department of De- was a bill that did have some emer- managers, and the chairman and rank- fense authorization bill, S. 2549, be lim- gency provisions attached to it. We did ing member, Senator GRAMM be recog- ited to amendments that are relevant have the funds for the costs, the money nized to raise a point of order. I further to the provisions of the bill, and on the that has been already spent for the de- ask unanimous consent Senators STE- finite list of amendments in order to fense for Kosovo, and some additional VENS and BYRD be immediately recog- the bill; that these first-degree amend- funds for costs associated with that. nized to make a motion to waive and, ments be subject to relevant second-de- Over a period now of almost 6 weeks, following 10 minutes equally divided on gree amendments; provided further there has been a process underway be- the motion to waive, the Senate pro- that the first-degree amendments must tween the House and the Senate on ceed to a vote on that motion with or be filed at the desk by the close of busi- both sides of the aisle to get an agree- without any intervening action or de- ness on Friday, June 30, 2000. ment on this conference report that in- bate. By the way, if we need more time

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6226 CONGRESSIONAL RECORD — SENATE June 30, 2000 for debate, I would be glad to accom- the Senator from Arizona reserving the and basically understand that if they modate that. right to object? vote to override the points of order, Finally, I ask unanimous consent Mr. MCCAIN. Yes, I do. they could go home for a week. Where- that if the motion to waive is agreed Mr. LOTT. I am glad to respond to a as, if they sustain the point of order, to, the Senate proceed to an immediate question. they could end up being here for fur- vote on the conference report without Mr. MCCAIN. Mr. President, I say to ther debate. So I urge my colleagues to any intervening action, motion, or de- the majority leader, we are now doing allow us to agree that we will allow the bate. what we usually do when a pork barrel bill to come up, waive all of our rights The PRESIDING OFFICER. Is there bill is before us; that is, that national to have it read, and to delay it by other objection? defense and national security are at motions, have it come up the day we Mr. GRAMM. Mr. President, reserv- risk; we will have to withdraw from get back and we will have a debate. If ing the right to object. Kosovo; it will be the end of Western we stay here and ruin everybody’s The PRESIDING OFFICER. The Sen- civilization as we know it. We already week, we are going to harden hearts. ator from Texas. have something from the Pentagon When we get back to this bill—and it Mr. GRAMM. Mr. President, the con- that says we will have to shut down will not pass today. This bill is not ference report before us, I am unhappy unit training during the month of Sep- to say, makes a mockery out of the going to pass today. If we harden tember, blah, blah, blah. hearts, we are going to come back here budget. In fact, if we adopt this con- So even though in this bill we have, and spend a week when we might have ference report, I think there is no need for example, under Kosovo and other a chance to work some of these things that we should ever adopt another national security, Olympic Games sup- out, basically, in a strong-worded de- budget. port; and even though in the name of bate that will serve no interest. This conference report violates every ‘‘emergency’’ we have a Coast Guard I urge my colleagues to let us step tenet of the budget we adopted. This acquisition of a $45 million Gulfstream aside, let the bill be brought up, waive conference report has two major phony for the Commandant of the Coast reading it, but have it be brought up on spending shifts where we shift pay- Guard—and I would be glad to pay for Monday when we come back so we have ments from the fiscal year we are ap- his first-class airfare while he awaits an opportunity to legitimately make propriating for backwards into year that emergency, to help him ride out 2000 so that we can spend an additional the emergency situation, even though our case. If these were little trivial $4 billion in clear violation of the budg- we have $10 million for the Bering Sea matters, then I would look the other et. I am sure you will hear Senator crab disaster, $10 million for a North- way, swallow hard, and let it go. But these are not trivial matters. This is STEVENS saying that the defense of the east fishery, $7 million for a Hawaii Nation will be imperiled if we don’t fishery, and $5 million for an Alaska basically eliminating the entire budget pass this bill. Yet while we are pro- Sea Life Center. We have covered a that we adopted. I think if we do that, viding money to defense through this good part of those for senior members we are making a mockery out of the bill on an emergency basis, this bill of the Appropriations Committee who whole process. I am not going to do it. takes $2 billion out of defense and gives have a coastline. So I object. The PRESIDING OFFICER. The ma- it to nondefense, a total violation of These are all done in the name of an jority leader is recognized. the budget agreement that we struck. emergency. I will ask unanimous con- It is Friday. My wife is waiting at sent that we take up and pass without Mr. LOTT. I have two things. There the corner of First and C. But if we objection all of those, including this is one clarification I wish to make on look the other way on this bill, then ‘‘dire emergency’’ concerning the what Senator GRAMM said. If one of the there is no budget, and we are going to Olympic Games support and what is points of order should be sustained, or totally lose control of spending. contained in the Kosovo and other na- if a major one was made and sustained, Mr. LOTT. Will the Senator yield? tional security portions of this bill—I we would not necessarily have to con- Mr. GRAMM. I am happy to yield. would agree to a unanimous consent tinue this. This bill then would go back Mr. LOTT. First of all, the greatest agreement that it be taken up and to the House when they return. They argument I have heard for bringing passed, and that the rest of this bill, would have to take it up and consider this to conclusion is the fact that the which is incredibly full of unnecessary, it further. I realize there may be mul- Senator’s lovely wife is waiting for his unwanted, unauthorized, unmitigated tiple points of order. If one were sus- presence to join him in other activi- pork be debated. tained, there might be others. ties. I am genuinely concerned about There are 47 points of order that can Look, I understand what Senator that. If we have to read this bill, I be lodged under this appropriations GRAMM is saying. I certainly feel very would like to urge the Senator to stay bill. What do we want to do? We want strongly that our budget process here; I will go see Mrs. GRAMM. That is to take a $19 billion appropriations bill should be protected and, if it is vio- the corner of First and C Streets, I be- and pass it by voice vote just because lated, there should be an opportunity lieve? I will meet her, and I will pro- we want to go home for the Fourth of to address those points of order. I have vide her with a very lovely lunch in the July. no problem with that. All I say is I Senate dining room. I ask unanimous consent that we think to read the bill doesn’t help any- Mr. GRAMM. I appreciate that. If my take the fiscal year 2000 appropriations body’s cause. I think we would be bet- wife were a liberal, I would really be title I on Kosovo and other national se- ter off if we get into a discussion and nervous. curity defense and pass it, and that we talk about what is in the bill. When she figures out that I am here take up the rest of this bill for debate So, again, I am sympathetic with all doing God’s work, she is going to figure on points of order when we return after sides concerned, and I would like to get that the time is better spent than with the recess. out from the middle of the crossfire of her. The PRESIDING OFFICER. There is the ammunition being employed here. Mr. LOTT. Speaking of the Lord’s a unanimous consent agreement pend- At this point, since there is objection, work, I suggest that the Lord’s work ing. I have no—— here would be to analyze this legisla- Mr. MCCAIN. At the appropriate par- Mr. STEVENS. Reserving the right tion. Let’s engage in discussion; let’s liamentary point, I will propound that to object. point out where there are problems, if request. Mr. LOTT. Mr. President, am I pro- any. Let’s hear the other side. If nec- Mr. GRAMM. Mr. President, reserv- ceeding under leader time? essary, let’s vote. To spend 6 hours ing the right to object, I will be brief. The PRESIDING OFFICER. The ma- reading the bill is not going to advance If we weren’t at the end of the session jority leader has the floor. the cause. I am glad for the Senator to with people on the way to the airport, Mr. STEVENS. Mr. President, I re- engage in this. I think we could have a debate on this gret deeply that there is a dispute over Mr. MCCAIN. I ask the majority lead- issue and we could begin to raise 47 these items. It is true that there is er to yield to me for a comment. points of order against this bill. some money in the bill, and all of the The PRESIDING OFFICER. A unani- The problem is that people would items the Senator from Arizona men- mous consent agreement is pending. Is come in wanting to leave for the recess tioned, but one, were in the Senate-

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6227 passed bill. The Sea Life Center is the in the armed services. It is still a mili- that is in this bill adjusting those pay only new one. It is a provision to pay a tary construction bill, an emergency shifts and taking them into account for rent for a Sea Life Center, which will bill to replace money spent for the op- future use. They were mechanisms to close in August unless that can be eration and maintenance account. make available funds that would be done. It is a Sea Life Center that has It is a must-pass bill before July 5. used in the 2001 bill, and we can and we Federal money in it that opened it. If Mr. LOTT. Mr. President, I move will have to make adjustments in other somebody doesn’t believe that is an that the Senate turn to the conference ways in the future. But these shifts emergency, the right thing is to allow report to accompany the military con- have been objected to, and they will us to vote on it. I am perfectly pre- struction appropriations conference re- not be used this year. I can’t say they pared to muster up 60 votes for that port. won’t be available in another year. Sea Life Center. I am proud of that Sea Mr. GRAMM. Mr. President, I ask They will not be used in connection Life Center. that the bill be read. with fiscal year 2001. I say this to the Members of the Sen- The PRESIDING OFFICER. The Mr. LOTT. Mr. President, I ask unan- ate. There is not one amendment in clerk will read. imous consent that the reading of the this bill that was not presented by a The Senator from Alaska. conference report be dispensed with Member who is here. I assume the Mr. STEVENS. Mr. President, I make and that a vote occur on adoption of Members are prepared to vote for the a point of order that I don’t think the the conference report immediately. items they told us were emergencies. bill has to be read. The bill is available Mr. MCCAIN. Mr. President, I reserve The Senator from Arizona is well to all Members of the Senate. the right to object. known to be the watchdog of the Treas- The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- ury and I admire that. I believe we point of order is not sustained. ator from Arizona. should get on with this business and Mr. STEVENS. I appeal the ruling of Mr. MCCAIN. Mr. President, I thank let’s test the votes. the Chair. the Senator from Alaska. The Senator is right. If there are not The PRESIDING OFFICER. The I obviously am disturbed about much 60 votes to establish the emergency question is, Shall the ruling of the that was put into this legislation. But designation on this bill, it will be re- Chair be upheld? I see a $6 billion savings here. So I turned to the Senate. But that is going Mr. GRAMM. Mr. President, I sug- think it is a reasonable compromise. I to be the same, whether it is now or 6 gest the absence of a quorum. intend to put in the RECORD as well as hours from now. The PRESIDING OFFICER. The on my web site and many other places I remember so well when one of my clerk will call the roll. some of the really egregious projects former colleagues killed a bill, which The legislative clerk proceeded to that are in this bill. At the same time, we worked on for 7 years, in the last call the roll. this significant savings I think is a few minutes of a Congress by asking Mr. STEVENS. Mr. President, I ask very important move. that the bill be read. I have always unanimous consent that the order for I will not object. thought that bills don’t have to be read the quorum call be rescinded. The PRESIDING OFFICER. Without if they are available to Members of the The PRESIDING OFFICER. Without objection, it is so ordered. Senate. That used to be the under- objection, it is so ordered. The report will be stated. standing, that they would be read if Mr. STEVENS. Mr. President, the The legislative clerk read as follows: the bill was not physically on the Senator from Texas has raised a ques- The committee of conference on the dis- Members’ desks. I will be pleased to tion about the pay shifts that are as- agreeing votes of the two Houses on the put it on every Member’s desk now. It sumed in this bill. amendment of the Senate to the bill (H.R. has been available since last night. But The PRESIDING OFFICER. The ap- 4425) ‘‘making appropriations for military to have us now go into a reading of the peal of the ruling of the Chair is not construction, family housing, and base re- bill—the Senator from Texas says his debatable. alignment and closure for the Department of wife is waiting on the corner. My wife Mr. STEVENS. I withdraw my ap- Defense for the fiscal year ending September peal. 30, 2001, and for other purposes,’’ having met, is already in Alaska. I am due there to- after full and free conference, have agreed to night. But the sad thing is that the last The PRESIDING OFFICER. The mo- recommend and do recommend to their re- plane I could take to make it left at 10 tion to proceed is not debatable. spective Houses as follows: o’clock. I am prepared to stay here all Mr. STEVENS. Mr. President, I ask That the House recede from its disagree- week, if it is necessary. unanimous consent that I be able to ment to the amendment of the Senate, and I have put before the Members of the make a statement at this point and agree to the same with an amendment and Senate—and I will ask unanimous con- that the Senator from Texas be able to the Senate agree to the same. Signed by all sent to print this in the RECORD. It is speak prior to taking action. of the conferees on the part of both Houses. not fake or a manufactured thing. We The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- have been telling the Senate for days objection, it is so ordered. ate will proceed to the consideration of and months that this money had been Mr. STEVENS. Mr. President, the the conference report taken from the operation and mainte- Senator from Texas has asked that we The conference report is printed in nance account—the President’s action remove from the bill the pay shifts the RECORD of Thursday, June 29, 2000. employing troops in Kosovo. He has the which we assumed were available to Mr. BURNS. Mr. President, I am right to do that under the act. And the our committee in order to increase the pleased to bring before the Senate the money runs out. On July 5, this new amount of budget authority and out- Military Construction Conference Re- order must go into effect that reduces lays that would be used by our com- port for fiscal year 2001. the actions of our people during the pe- mittee. The Senator can name them The Senate and the House went into riod of maximum training in the sum- and make sure we are naming them conference with very different rec- mertime. It is not fake. I don’t know correctly. ommendations for projects and unfor- why anyone would question the state- Mr. GRAMM. An SSI pay shift of $2.4 tunately, not enough money to go ments of the Chief of Staff of the billion; a VA compensation pay shift around. Army. for $1.9 billion; and the third item is We have worked hard with our House The bill may not pass today, but it is moving the defense firewall, which colleagues to bring the Military Con- going to pass before July 5. That is my would transfer $2 billion from defense struction Conference to a successful commitment. If the Senator wants to to nondefense. conclusion. make a commitment that it doesn’t Mr. STEVENS. Mr. President, at a This agreement represents a tremen- pass today, I will make a commitment later date I will explain in full what dous amount of work and great deal of that it passes by July 5. I believe we that means. cooperation between the House and have the capacity to do that. It is the But I make the commitment to the Senate. desire to have this bill passed and to Senator from Texas that on the first Mr. President, the military construc- have the people of the armed services available vehicle to the Appropriations tion portion of this bill has some know the Senate is behind the people Committee we will rescind the action points I want to highlight.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6228 CONGRESSIONAL RECORD — SENATE June 30, 2000 We have sought to recommend a bal- LEWIS, chairman of the House Defense claims settlement process and restora- anced bill that addresses key, military Appropriations Subcommittee, re- tion of the federal facilities. These pro- construction requirements for readi- sponded to several vital defense needs. visions brought to the conference by ness, family housing, barracks, quality The amendment, offered by the four Senator DOMENICI will start the long of life and funding for the reserve com- Members I named, provides a total of recovery process, reflecting the Fed- ponents. $11.23 billion in emergency spending for eral Government’s liability for this dis- In the final conference agreement re- fiscal year 2000. aster. lating to military construction, we met The amendment also makes several In this conference report, there are our goals of protecting quality of life technical changes, pursuant to the also several matters of great impor- and enhancing mission readiness budget resolution for fiscal year 2001 tance to my State. I appreciate the throughout the Department of Defense. adopted earlier this year, concerning willingness of the conferees to consider It provides a total of $8.8 billion in changes to pay days, delayed obliga- these items. spending, an increase of $200 million tions, progress payments, prompt pay- Finally, I want to again thank the over the levels recommended by both ment, and other matters. distinguished Ranking Member of our the House and Senate, and an increase In addition, the amendment permits Committee, Senator BYRD, for his work of $800 million over the President’s the Senate Appropriations Committee to complete work on this bill. All the budget request. to allocate the full amount provided in conferees met and worked in a spirit of It is my hope that we can move this the 302(a) allocation for discretionary bipartisan compromise, which is re- bill forward very quickly and send it to spending in the budget resolution. This flected in the conference report before the President. is the same amount now available to the Senate. Mr. STEVENS. Mr. President, late the House Committee. I urge the Senate to adopt this con- Thursday, the conference concluded on The amendment also adjusts the ference report today, so that it can go H.R. 4425, the Fiscal Year 2001 Military Function 050 outlay firewall included immediately to the President. Mr. BYRD. Mr. President, the Senate Construction Appropriations Act. in the budget resolution to reflect the When the appropriations committee will soon take up the FY 2001 Military actual outlay levels in the Function 050 in the Senate reported that bill, we in- Construction Conference Report. In ad- related bills reported by the House and cluded a second division, Division B, dition to meeting the military con- Senate committees. that provided a series of emergency struction needs of the nation, Divisions I want to especially commend the supplemental appropriations for the B & C contain emergency supplemental Chairman of the House Military Con- Department of Defense, the Coast appropriations for FY 2000 totaling struction Subcommittee, Representa- Guard, and other national defense re- some $11.2 billion. tive HOBSON, and the Chairman of the lated activities. The supplemental portion of the bill The conferees on this bill, led by the House Committee, BILL YOUNG, for funds a broad array of urgently needed subcommittee chairman, Senator their cooperation and leadership in pre- programs. More than $6 billion is pro- senting this conference report to the BURNS, addressed both the underlying vided for the emergency needs of the military construction bill, and an ex- House and Senate. military. Of that amount, some $2 bil- Critical funding shortfalls for fuel, panded range of emergency supple- lion is to cover the cost of our peace- medical care, contract liabilities for mentary needs. keeping operations in Kosovo; $1.6 bil- Upon completing work on the mili- Tricare, depot maintenance and intel- lion is to recover increased fuel costs tary construction portion, an amend- ligence were addressed in the House to the military; and $1.3 billion is for ment was offered by myself, Senator passed version of the supplemental, and health benefits for the military. For included in this conference report. BYRD, the House committee chairman, the victims of natural disasters, par- Chairman LEWIS’ initiative ensured BILL YOUNG, and the House ranking ticularly those who suffered the rav- that the readiness and quality of life Member, DAVID OBEY. ages of Hurricane Floyd, some $300 mil- The amendment addressed fiscal year for our military personnel will be truly lion is provided. And, $350 million is 2000 funding needs for the Department enhanced by these initiatives, and pro- provided in emergency funds to replen- of Defense, the Coast Guard, wildfire vide the right starting point for our ish the fire management accounts of fighting, recovery from hurricanes work on the conference for the FY 2001 the Department of the Interior and Floyd and Irene, the Cerro Grande fire Defense Appropriations Bill when we U.S. Forest Service. Those firefighting in New Mexico, Liheap, and Plain Co- return from the July 4th recess. accounts are totally depleted and must lombia. A second important need met in this be replenished immediately. The bill At several critical points, the per- conference report is for Western wild- also provides $600 million in Low In- sonal involvement of the Speaker on fire fighting. As we meet here in Wash- come Home Energy Assistance grants, the House and the Majority Leader in ington, fires are burning in several and more than $600 million is provided the Senate were invaluable to breaking Western States, especially Washington to address the costs related to the dis- through disagreements, and achieving State and my own State of Alaska. astrous fire at Los Alamos, New Mex- completion of our work. The $350 million provided in this con- ico. While Senator BURNS will address the ference report will ensure the Bureau One of the biggest pieces of the sup- military construction portion of the of Land Management and the Forest plemental package is $1.3 billion to bill, I want to highlight the defense Service will be able to respond to any fully fund the President’s request in emergency needs addressed in this con- challenges we face during what prom- support of Plan Colombia. The Presi- ference report. ises to be a dry and hot summer—a dent’s anti-drug initiative is an ambi- Once again, the President mortgaged truly dangerous situation. tious effort in support of Plan Colom- the readiness of our Armed Forces by Last month, at the request of the bia, a massive undertaking by the Co- committing troops abroad, without the senior Senator from New Mexico, I lombian government to fight the prior authorization and funding from traveled to the Los Alamos National alarming rise of heroin and cocaine Congress. Laboratories during the terrible fire production and trafficking in Colom- If this bill did not pass this week, the that afflicted that area. bia. Army faced a genuine calamity, as I saw firsthand the devastation to The intent of the President’s aid training, base operations and other that community, and the federal facili- package to Colombia is laudable; but critical functions would have ground to ties, caused by that fire. at this point, there remain more ques- a halt. Senator DOMENICI has included in tions than answers as to what the im- These funds, provided to sustain the this bill a comprehensive authorization pact of this assistance will be. Our ef- Army through the remainder of this bill that provides a claims settlement forts in the past have done little, if fiscal year, will prevent any interrup- mechanism for the families and busi- anything, to deter Colombia’s drug tion or degradation of our Armed nesses who lost so much in that trag- lords. The production of cocaine and Forces. edy. heroin has skyrocketed. Some analysts In addition, the conferees, under the In addition, this conference report are concerned that increased U.S. in- leadership of Representative JERRY provides $661 million to initiate the volvement in Colombia’s drug wars will

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6229 fuel an all-out civil war in a country There are some who have expressed suring that U.S. military aid does not already ravaged by guerrilla warfare concern that this language is too re- contribute to human rights abuses in and paramilitary abuses. strictive, and that it will impose too Colombia. We look forward to working For those reasons, I am pleased that difficult a process to allow the United with the Administration to achieve the this conference report preserves a pro- States to continue its efforts to fight Colombian Government’s compliance vision that I originally added in the drug production and drug trafficking in with them. Senate Appropriations Committee to Colombia and throughout the region. I The first condition requires that place restrictions on future funding for believe the process should be restric- armed forces personnel alleged to have U.S. assistance to Plan Colombia, and tive. I do not believe that U.S. assist- committed gross violations of human to limit the number of U.S. military ance to Plan Colombia should be han- rights be suspended from duty and personnel and U.S. civilian contractors dled on a business-as-usual basis. The brought to justice in the civilian that can be deployed in Colombia to political situation in Colombia is too courts, in accordance with the 1997 rul- support the counter-narcotics effort. unstable, and the risks to American ing of Colombia’s Constitutional Court. The Byrd provision requires the Ad- citizens involved in the counter-nar- The Colombian Ministry of National ministration to seek and receive con- cotics campaign are too high. Defense has stated that, ‘‘the Com- gressional authorization before spend- That said, my provision is not in- mander General of the Military Forces ing any money on U.S. support for Plan tended to slam the door on future will separate from active service, by Colombia beyond the funding con- counter-narcotics assistance to Colom- discretionary decision, members of the tained in this supplemental package bia or to other countries in the region, various Military Forces for inefficiency and other relevant funding bills. The if such assistance is needed and war- or for unsatisfactory performance in President’s request for Plan Colombia ranted. The war on drugs must be the fight against illegal armed is fully funded. This provision simply waged aggressively, both at home and groups.’’ Unfortunately, this policy has ensures that, if additional funding is abroad. At this point, the President not been implemented, and there is no requested to prolong or expand U.S. in- has requested a specific level of fund- automatic process for suspending a volvement in Colombia’s anti-drug ing, $1.3 billion, to finance a specific member of the Colombian Armed campaign, Congress will have the op- program. Congress is providing that Forces alleged to have violated human portunity to review and evaluate the funding in this appropriations measure. rights. entire program before green-lighting If this President, or a future President, The Colombian Ministry of National more money. seeks more money, or seeks to broaden Defense has expressed its support for The goal of my provision is to pre- or prolong U.S. involvement in Plan the 1997 ruling of the Constitutional vent an incremental and possibly unin- Colombia, we merely ask him to Court. In its March 2000 publication en- tended escalation of U.S. involvement present that request to Congress, and titled ‘‘Public Force and Human Rights in Colombia’s war on drugs to the point to give Congress the opportunity to re- in Colombia,’’ the Colombian Ministry that the United States, over time, finds view, assess, and authorize the entire of National Defense stated that, ‘‘Co- itself entangled beyond extraction in program. What we do not want to see is lombia has taken very important steps the internal politics of Colombia. We U.S. assistance to Plan Colombia quiet- in limiting the jurisdiction of the mili- cannot ignore the fact that Colombia is ly ramped up through regular or sup- tary justice system. In effect, in 1997 embroiled in a civil war, and that plemental funding bills until we sud- the Constitutional Court concluded narco-guerrillas, who are better- denly reach the point of having thou- that crimes against humanity do not trained, better-financed, and better- sands of U.S. citizens deployed to Co- fall under its jurisdiction because it equipped than the Colombian army, lombia, and billions of U.S. tax dollars does not relate to the service provided control much of the country. The gov- invested in Colombia’s drug war, and by the Public Force. Such crimes con- ernment of Colombia is fighting a just, no way to extricate the United States stitute a serious violation of human but uphill battle. The United States, in from Colombia. rights and transgress the duties of this funding package, is making a Mr. President, Congress has a respon- armed services. Consequently, the Con- major commitment to help Colombia. sibility to exercise oversight over pro- stitutional Court decided that such With the Byrd provision, we are also grams such as U.S. participation in crimes be heard by the Ordinary Crimi- making a commitment to the people of Plan Colombia. This provision ensures nal Courts.’’ the United States that Congress will that we will have the opportunity to Unfortunately, the Colombian Armed stand guard against this nation’s being exercise that oversight, and to make Forces have grossly misrepresented unwittingly drawn too deeply into Co- an informed and deliberate decision on their record of compliance with this lombia’s internal problems. future funding for Plan Colombia. It is Constitutional Court ruling. They have Mr. President, this Administration a wise precaution to include in a pack- claimed that 576 human rights cases in- has, in the past, registered strong op- age that will underwrite a costly, com- volving Armed Forces personnel were position to the Byrd provision. I assure plicated, and unprecedented assault on transferred to civilian courts when, in the Senate that we have listened to the a dangerous and determined enemy. fact, only 39 cases of human rights vio- concerns expressed by the Administra- Mr. KENNEDY. Mr. President, the lations were transferred—and those tion, and have addressed them. We dou- bill before us provides over $1 billion in cases involved low level officials. bled the cap on U.S. military personnel assistance to Colombia and represents The human rights conditions con- to 500, as requested by the Pentagon, a major increase in our political and fi- tained in the bill also require the Co- and tripled the allowable number of nancial commitment to the Colombian lombian Government to prosecute in U.S. civilian contractors to 300. We ex- Government and the Colombian Armed the civilian courts the leaders and empted funding for on-going counter- Forces. members of paramilitary groups and narcotics programs covered in other Many of us have been deeply con- armed forces personnel who aid or abet appropriations bills, as requested by cerned about the potential impact of them. This provision is also fully con- the Administration. We addressed vir- this substantial increase in U.S. mili- sistent with the stated policies of the tually every issue raised by the Admin- tary assistance on human rights in Co- Colombian Government. In its publica- istration, and I hope that the President lombia. We have worked with the Sen- tion entitled ‘‘Human Rights and Inter- is ready to endorse this language. ate Foreign Operations Appropriations national Humanitarian Law Policies,’’ It is my opinion that the Administra- Subcommittee to include human rights the Colombian Ministry of National tion should welcome the spotlight that conditions on the aid. I commend Sen- Defense stated that illegal self-defense this provision will shine on the level of ators MCCONNELL and LEAHY for their groups ‘‘are one of the main offenders U.S. participation in Plan Colombia. leadership on this issue and for pre- of human rights and international hu- The Administration should also wel- serving the human rights conditions in manitarian law.’’ In its publication en- come the additional safeguards that the final version of the bill. The condi- titled ‘‘Public Force and Human Rights this language provides to reduce the tions are fully consistent with the laws in Colombia,’’ the Ministry further possibility of unbridled mission creep and stated policies of the Colombian stated that the Public Force confronts and unforeseen consequences. Government. They are also vital to en- and combats guerrilla and illegal self-

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6230 CONGRESSIONAL RECORD — SENATE June 30, 2000 defense groups ‘‘with the same rigor.’’ Senator from Florida, Senator GRA- under a far more sound financial foot- President Pastrana’s ‘‘Plan Colombia’’ HAM; the Senator from Iowa, Senator ing, we risk compromising the entire is quite clear on this issue, stating that GRASSLEY; and so many others on the Coast Guard apparatus, its routine and ‘‘the Government will not tolerate ties emergency supplemental provisions emergency operations, training and of any kind between any member of the contained in the Conference Report to maintenance functions, and even its military forces or the police and any il- the Fiscal Year 2001 Military Construc- safety and commercial missions along legal armed group or force.’’ tion Appropriations bill. I am espe- our coasts and Great Lakes. Regrettably, the State Department, cially pleased that the Conference Re- Not long ago, the Senate approved a the United Nations, and human rights port contains essential funds to begin Transportation Appropriations bill for groups have documented continuing correcting resource and funding short- the next fiscal year that would fund links between the Colombian Armed falls in the U.S. Coast Guard, and vital the Coast Guard’s operating expenses Forces and paramilitary groups. The assistance needed to reverse the dete- at a level $159 million less than what it State Department Human Rights Re- riorating situation in Colombia—a sit- needs to conduct its missions. Mr. port for 1999 stated that the Armed uation I would like to discuss in just a President, I understand the Chairman Forces and National Police sometimes few minutes. and Ranking Member of the Transpor- ‘‘tacitly tolerated’’ or ‘‘aided and abet- First, though, let me say a few words tation Subcommittee had to make ted’’ the activities of paramilitary about the Coast Guard’s current—and some tough choices. They had a small- groups. According to the report, ‘‘in precarious—budget situation and how er budget to work with than their some instances, individual members of this Conference Report will help keep counterparts in the House. In fact, the the security forces actively collabo- it afloat—at least for the remainder of House had $1.6 billion more in its allo- rated with members of paramilitary this fiscal year. The reality is that our cation for the Transportation Appro- groups by passing them through road- Coast Guard has been forced to cut priations Bill than the Senate. This blocks, sharing intelligence, and pro- back on its current services this year funding disparity needs to be resolved viding them with ammunition. Para- and could be forced to cut back even in the upcoming conference. military forces find a ready support more next year. These reductions make Mr. President, let me remind my colleagues about the unique importance of base within the military and police.’’ it far more difficult for the Coast the Coast Guard. They are called ‘‘the The report also concluded that ‘‘secu- Guard to meet its many missions. They rescue experts,’’ and for good reason. rity forces regularly failed to confront put at risk the sustainability of valu- Each year, the Coast Guard responds to paramilitary groups.’’ Human Rights able fish stocks in the North Atlantic 40,000 search and rescue cases and saves Watch has documented links between and Pacific Northwest. They reduce the 3,800 lives. During the devastation of military and paramilitary groups, not Coast Guard’s capability to stem the Hurricane Floyd, the Coast Guard con- only in isolated, rural areas but in Co- flow of illicit drugs and illegal immi- ducted search and rescue missions and lombia’s principal cities, and these gration into the United States. And delivered drinking water and critical links involve half of Colombia’s 18 bri- they can work against the Coast supplies to citizens along the Eastern gade-level units. Guard’s ability to respond quickly to seaboard. And, following the dramatic The Colombian Armed Forces have search and rescue situations, which floods in North Carolina that resulted resisted investigating these links. In- often in fishing grounds and high traf- from the hurricane, Coast Guard heli- stead of investigating a credible allega- fic migrant areas. copters came in right behind the storm tion of military collaboration with As early as last February, the Coast and pulled stranded survivors from paramilitary groups in a civilian mas- Guard began reducing its operating rooftops and trees surrounded by the sacre that occurred in the town of San hours in the air and at sea. In some swollen rivers. Jose de Apartado on February 19, the parts of the country, operating hours The Coast Guard’s rescue and re- Commander of the 17th Brigade filed have been reduced as much as 20 to 30 sponse missions are often front page suit against the non-governmental or- percent. news, but often the untold stories are ganization that made these allegations, Fortunately, Mr. President, the Con- the emergencies prevented by the charging that it had ‘‘impugned’’ the ference Report we passed today will Coast Guard. Few people realize that honor of the military. carry the Coast Guard through the cur- before any cruise ship ever touches the The human rights conditions con- rent fiscal year. In total, more than ocean, Coast Guard ship inspectors tained in the bill reflect the Colombian $700 million is provided to help restore from its Marine Safety Offices inspect Government’s laws and policies and un- the Coast Guard’s aircraft and vessel each ship to ensure they are built not derscore the importance of human spare parts supply; cover the cost of just for beauty and recreation, but for rights as a fundamental principle of rising fuel prices; pay for rising health safety as well. That’s good news for the U.S. foreign policy. Compliance with care costs and quality of life improve- approximately seven million Ameri- these conditions is essential if we are ments for Coast Guard personnel; and cans who embark on cruise ships every to ensure that U.S. military aid does increase by six its fleet of C–130 air- year. In fact, the Coast Guard doesn’t not contribute to human rights abuses craft—assets critical to the Coast just inspect cruise ships—the Coast in Colombia. Guard’s counter-drug and search and Guard inspects all commercial ships, I am disappointed that the con- rescue capabilities. including cargo ships and tankers. ference agreement permits the Presi- Additionally, the Conference Report Of course, I have spoken on the Sen- dent to waive the conditions in the in- includes funding for the replacement of ate floor on several occasions to high- terest of national security. However, the Great Lakes Ice Breaking vessel— light the Coast Guard’s extraordinary the inclusion of this waiver authority the Mackinaw. As my colleagues from contributions to keep illegal drugs does not exempt the Administration the Great Lakes region know, this re- from ever reaching our shores. The from responsibility for seeking the Co- placement vessel is invaluable to avoid scourge of drugs is the primary secu- lombian Government’s compliance disruption of winter-time commerce on rity threat within this hemisphere. It with these human rights conditions. the Great Lakes. is a cancer that destroys civil institu- Nor is the waiver an excuse for the Co- This legislation is a step in the right tions and erodes the sovereignty of na- lombian Government not to address direction, but it is only a step. Our tions in the Caribbean and South and the continuing human rights problems Coast Guard still remains seriously un- Central America. in Colombia. I look forward to the good derfunded. We must still address the That is why a number of us here in faith application of these important overall funding problems facing the the Senate and the House worked to human rights provisions in the imple- Coast Guard, which is the task that provide additional funding in 1998 for mentation of this legislation. awaits the conferees to the Transpor- the Coast Guard’s counter-drug efforts, Mr. DEWINE. Mr. President, I rise tation Appropriations bill. Unless we and that investment has paid off. The today to commend my colleagues on address this funding crisis, our Coast following year, the Coast Guard seized the Appropriations Committee who Guard will be in the exact same boat— 57 tons of cocaine with a street value of have worked with me, the Senator no pun intended—year after year. Ulti- $4 billion—that’s more than the total from Georgia, Senator COVERDELL; the mately, unless we put the Coast Guard operating cost of the Coast Guard.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6231 The Coast Guard’s law enforcement sphere to reduce illegal drug produc- In 1998, Congress passed the Western skills extends as far as the Middle tion and distribution. This is partner- Hemisphere Drug Elimination Act East, where Coast Guard cutters and ship among democracies in our hemi- (WHDEA), which not only has begun to tactical law enforcement teams enforce sphere. restore our international eradication, the continuing U.N. embargo against No one denies that an emergency ex- interdiction and crop alternative devel- Iraq. ists in Colombia. The country is em- opment capabilities, it contained the Perhaps one of the Coast Guard’s broiled in a destabilizing and brutal first substantial investment in Colom- toughest jobs is the day to day enforce- civil war—a civil war that has gone on bia for counter-narcotics activities in ment of U.S. immigration law. It is an for decades with a death toll estimated almost a decade. emotional and gut wrenching mission. at 35,000. The once promising democ- Today, we are building on that effort It challenges Coast Guard men and racy is now a war zone. Human rights with a more focused plan to eliminate women daily to carry out their respon- abuses abound and rule of law is prac- drugs at the source and to reduce the sibilities with due regard for the law, tically non-existent. financial influence of drug trafficking human dignity and, above all, safety of The situation in Colombia today organizations on the paramilitaries human life. It is a tough job. But, day bears little resemblance to a nation and insurgents within Colombia. In in and day out, the Coast Guard con- once considered to be a democratic suc- short, Mr. President, we are reversing tinues to carry out its duties with process story. But today, the drug trade the direction of our drug policy for the fessionalism and a never-ending com- has threatened the sovereignty of the better. Congress saw what the Admin- mitment to the people it serves. Colombian democracy and the contin- istration was doing. We said the policy These are just some of the vital mis- ued prosperity and security of our en- has to change; we need to put more sions that would be undermined if the tire hemisphere. And, tragically, Amer- money into interdiction and source Coast Guard is not given the resources ica’s drug habit is what’s fueling this country programs; and that’s exactly to sustain its daily operations. In some threat in our hemisphere. It is our own what we did. respects, we have passed that point al- country’s drug use that is causing the We must not lose sight of why we are ready. The Coast Guard is at a point instability and violence in Colombia providing this assistance. The bottom that it is essentially cannibalizing and in the Andean region. When drug line is this: The assistance package we equipment for parts, deferring mainte- deals are made on the streets of our put together because Colombia is our nance, and working their people over- country, they represent a contribution neighbor—and what affects our neigh- time—and this is just to sustain daily to continued violence in Colombia and bors affects us too. We have a very real operations. This doesn’t even take into in the Andean region. interest in stabilizing Colombia and account the rapidly rising fuel costs, The sad fact is that the cultivation of keeping it democratic and keeping it which are exacerbating problems this coca in Colombia has doubled from as a trading partner, and keeping its fiscal year. over 126,000 acres in 1995 to 300,000 in drugs off our streets. At the same time, the Coast Guard 1999. Not surprisingly, as drug avail- As we consider the great human trag- has to invest in its future. When com- ability has increased in the United edy that Colombia is today, we must pared to 41 other maritime agencies States, drug use among adolescents not lose sight of the fact that the re- around the world, the ships that make also has increased. To make matters sources we are providing to Colombia up our Coast Guard fleet of cutters are worse, the Colombian insurgents see now are an effort to stop drugs from the 38th oldest. Over the past four the drug traffickers as a financial part- ever coming into our country in the fu- years, the Coast Guard has had to ner who will sustain their illicit cause, ture. And ultimately, the emergency spend twice as much money to fix which only makes the FARC and the aid package is in the best interest of equipment and hull problems. This is ELN grow stronger. the Colombia-Andean region. It is in not surprising because the older the A synergistic relationship has the best interest of the United States. equipment becomes, the harder it is to evolved between the drug dealers and And, it is clearly something we had to maintain. As the need for equipment the guerrillas—a relationship bonded do. maintenance increases, so too does the by the money made selling drugs here Mr. LEAHY. Mr. President, I want to cost of operations. This is a problem in the United States. Each one benefits associate myself with the remarks of that is not the result of mismanage- from the other. Each one takes care of the senior Senator from Massachu- ment, but from insufficient funding. the other. This is not a crisis internal setts, Senator KENNEDY, who has taken And that fact is reflected by this Con- to Colombia. It is a crisis driven by a strong, personal interest in the gress having to use emergency supple- those who consume drugs in our coun- human rights conditions in the Colom- mental funding for the Coast Guard try, and a crisis that directly impacts bia aid portion of this bill. two straight years just to sustain nor- all of us right here in the United Senator KENNEDY and I, with the sup- mal operations. I think you would States. port of other Senators, both Democrats agree, Mr. President, that this kind of It is a crisis that has flourished in and Republicans, including some stop-gap funding process is not the best part because the current Administra- strong supporters of this Colombia aid way to keep an organization running— tion made a significant and unwise pol- package, wrote these conditions which particularly one of such vital impor- icy change in its drug control strategy passed the Senate on June 22. The Sen- tance to our nation. in 1993. When President George Bush ate version, which passed overwhelm- I urge the conferees to the Transpor- left the White House, we were spending ingly, did not contain the presidential tation Appropriations bill, in both the approximately one-quarter of our total waiver that was included by the con- House and Senate, to keep these facts federal anti-drug budget on inter- ferees. There was virtually no mean- in mind as they proceed to conference. national drug interdiction—spending it ingful opportunity for most Senators, Again, the bill we have passed today is either on law enforcement in other especially Democrats, to participate in a good first step, but it is only that— countries, on Customs, on the DEA, on the Conference on the Colombia aid a step. crop eradication—basically on stopping package, and I am disappointed that Today, the United States Congress drugs from ever reaching our shores. the waiver was included. took a very important and necessary After six years of the Clinton presi- If the Administration had a history step toward bringing stability to coun- dency, that one-quarter was reduced to of giving the protection of human tries in our hemisphere, and commu- approximately 13 to 14 percent, a dra- rights in Colombia the attention it de- nities in our own country that are matic reduction in the percentage of serves there would be no need for these caught in the death grip of drug traf- money we were spending on inter- conditions. Unfortunately, the Admin- ficking. national drug interdiction. istration, as well as the Colombian Today, we are sending to the Presi- Fortunately, in the last few years, Government, have consistently mis- dent more than just an assistance Congress has had the foresight to rec- represented, and overstated, the Co- package to Colombia—we are sending a ognize the escalating threats in Colom- lombian Government’s efforts to pun- blueprint of a partnership with Colom- bia, and has worked to restore our drug ish human rights violators. This causes bia and other countries in the hemi- fighting capability outside our borders. me great concern. There is no need for

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6232 CONGRESSIONAL RECORD — SENATE June 30, 2000 the waiver and no justification for ‘‘Push into Southern Colombia’’ with lombia. It cuts by $21 million support waiving these conditions. $250 million, this conference report infor human rights and judicial reform. Senator KENNEDY has described the creases that amount by $140 million, to It also cuts support for interdiction by situation in detail so I will not repeat fund a 390 million dollar first-time of- $3.1 million. Yet, it increases by $140 what he has said. However, I do want to fensive military action in southern Co- million funding for the military ‘‘Push respond to a couple of the State De- lombia. into Southern Colombia.’’ What are we partment’s claims: ‘‘Plan Colombia’’ has been added to doing here? Guns never have and never The State Department has said that this conference report as an emergency will solve Colombia’s ills, nor will they ‘‘dramatic steps have been taken [by supplemental. We are moving it address our drug problem here in the the Colombian Government] to deal through this Congress quickly under United States. with the legacy of human rights the guise of a ‘‘drug emergency.’’ But, I reiterate how unbalanced ‘‘Plan Co- abuses.’’ It cites a change in Colombian if there is truly a drug emergency in lombia’’ is in this conference report. It law, such that ‘‘military officers re- this country, and I believe there is, cuts the good and increases the bad. A sponsible for human rights violations why are there no resources in this plan more sensible approach would have are tried in civilian courts.’’ That is a targeted to where they will do the been to permit extensive assistance to gross misrepresentation of what actu- most good: providing funding for drug Colombia in the form of promoting sus- ally occurs. The Colombian Armed treatment programs at home? And, tainable development and strength- Forces have systematically, and suc- honestly, if the purpose of this mili- ening civilian democratic institutions. cessfully, sought to avoid civilian tary aid is to stop the supply of drugs, This would have safeguarded U.S. in- court jurisdiction of human rights shouldn’t some of that aid target the terests in avoiding entanglement in a crimes by many of its members. North as well? Something strange and decades-old civil conflict, and partner- The State Department has also said dishonest is going on here. ship with an army implicated in severe that ‘‘President Pastrana has stated During our debate over ‘‘Plan Colom- human rights abuses. Instead, we are repeatedly that he will not tolerate bia’’ I heard over and over again not funding a military offensive into south- collaboration, by commission or omis- only how much the Colombian govern- ern Colombia and denying resources sion, between security force members ment needed this assistance, but also where they would be the most effec- and paramilitaries.’’ I am sure Presi- how urgently it had to have it. I heard tive: drug treatment programs at home. I am appalled at this strategy. dent Pastrana, who I greatly admire, over and over again how if Colombia Mr. GORTON. Mr. President, I oppose has said that. But the reality is that did not get this money now all hope for the billions of dollars of emergency this collaboration has existed for democracy would be lost, not only in Fiscal Year 2000 supplemental funding years, and virtually nothing has been Colombia but also for many other included in the Fiscal Year 2001 Mili- done about it. In fact, it is only re- Latin and South American countries as tary Construction bill to continue our cently, when pressed, that the Admin- well. This, my colleagues, is a far cry involvement in Kosovo, and to dra- istration and the Colombian Govern- from stopping the flow of drugs into matically escalate our military’s in- ment even acknowledged that it was the United States. This, my colleagues, volvement in Colombia. While I sup- going on. To date, little has been done is choosing sides in a civil war that has port the Military Construction provi- to stop it. raged for more than thirty years. And sions in the bill, particularly the wor- This is not to say that the Colombian I think the American people deserve to thy Washington state projects specified Government has done nothing to ad- know this. in the bill, I cannot vote for passage of dress the human rights problems. It This massive increase in counter- this measure. has, and I want to recognize that. But narcotics aid for Colombia this year I did not support the President’s de- that is no argument for waiving these puts the U.S. at a crossroads—do we cision to intervene in the 600-year-old conditions. Far more needs to be done, back a major escalation in military aid civil war in the Republic of Yugoslavia, especially to punish those who violate to Colombia that may worsen a civil and do not support the spending of an- human rights. war that has already raged for decades, other $2 billion on this open-ended There is no doubt that the Adminis- or do we pursue a more effective policy commitment of our nation’s armed tration believes that supporting ‘‘Plan of stabilizing Colombia by promoting forces and taxpayer dollars. Colombia’’ is in our national security sustainable development, strength- Last week, I actively opposed the interests. However, the Administration ening civilian democratic institutions, President’s effort to entangle us in yet has also said, repeatedly, that pro- and attacking the drug market by in- another civil war, this time in Colom- moting human rights is a key goal of vesting in prevention and treatment at bia. I unsuccessfully sought to reduce ‘‘Plan Colombia.’’ The Colombian Gov- home? I see today that we have chosen the proposed $934 million in funding to ernment has said the same thing. If the former. $200 million, which would amount to a those pronouncements means any- We are choosing to align ourselves four-fold increase in spending on our thing, they mean that it is not in our with a military that is known to have fight against drug-trafficking between national interests to provide assistance close contacts with paramilitary orga- Colombia and the United States. This to the Colombian Armed Forces if the nizations. Paramilitary groups oper- supplemental spending bill now in- basic human rights conditions in this ating with acquiescence or open sup- cludes even more for Colombia, a total bill are not met, particularly when the port of the military account for most of $1.3 billion. I am afraid this is a Colombian Government has said these of the political violence in Colombia mere down payment on the billions conditions are fully consistent with its today. In its annual report for 1999, more we will be asked to spend in com- own policies. This is not asking too Human Rights Watch reports: ‘‘in 1999 ing years. I refuse to support this much. These are not unreasonable con- paramilitary were considered respon- launching of yet another never-ending ditions. To the contrary, they are the sible for 78% of the total number of commitment—especially one that the minimum that should be done to en- human rights and international hu- President can neither justify nor guar- sure that our aid does not go to forces manitarian law violations’’ in Colom- antee will have even the slightest posi- that violate human rights. There is no bia. Our own 1999 State Department tive impact on drug trafficking. reason whatsoever that the Adminis- Country Reports on Human Rights The billions included in this bill for tration cannot use the leverage of this notes that ‘‘at times the security Kosovo and Colombia are not only an aid package to ensure that these condi- forces collaborated with paramilitary irresponsible waste of taxpayer funds, tions are met, and I fully expect the groups that committed abuses.’’ they are a dangerous gamble that we Administration to do so. We should support Colombia during will exit involvement in these civil Mr. WELLSTONE. Mr. President, I this crisis. Being tough on drugs is im- wars with less damage to our fighting rise in strong opposition to the changes portant, but we need to be smart about men and women, and national dignity that were made to ‘‘Plan Colombia’’ in the tactics we employ. This conference than we have in the past. the military construction conference report decreases by $29 million the aid EB–52 OPTION report. As if this body did not origi- this Chamber gave to support alter- Mr. CONRAD. Mr. President, as my nally give enough to the military native development programs in Co- colleagues may be aware, in recent

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6233 years there has been discussion within mental appropriations bill, I want to TMDLs on its rivers, lakes, and the military about modifying or equip- talk about an important issue to all of streams. ping B–52 aircraft with advanced elec- my constituents in Arkansas and to After all of our efforts to curb this tronic jamming equipment that would private property owners across this regulation and bring it back into line allow them to perform a dedicated country. I thank the appropriators for with congressional intent have failed, electronic warfare, or EW, mission. I including language in the bill that will we have been left with no other re- joined Senator DORGAN in filing amend- prohibit the Environmental Protection course but to restrict the EPA’s fund- ments calling for a thorough study of Agency from promulgating or imple- ing for this TMDL regulation. an ‘‘EB–52’’ option. menting its proposed Total Maximum This emergency supplemental appro- Mr. DORGAN. I think it should be Daily Load regulations. priations bill is a good bill, and it noted that operation Allied Force dem- In issuing its August 1999 Total Max- rightly delays implementation of any onstrated that our nation is short jam- imum Daily Load regulation, the EPA new, unnecessary and unreasonable ming assets for even one major war. An overstepped its congressionally man- EPA regulations until Congress and ‘‘EB’’ version of the B–52 would be a dated authority. Congress authorized the States have adequate time to ad- cost-effective solution to the problem, the EPA to regulate point sources and dress this issue properly and com- since the aircraft are already paid for. left it up to the states to regulate non- pletely. I urge my colleagues to sup- As a matter of fact, I understand that point sources and develop and imple- port this bill. during Operation Allied Force, General ment TMDL plans. In its proposed Mr. BINGAMAN. Mr. President, I Wesley Clark asked if any other plat- TMDL regulation, the EPA granted would like to thank my colleagues for forms could be equipped with offensive itself authority to regulate these spe- voting for final passage of H.R. 4425 and electronic gear to augment the over- cific items and clearly overstepped its for supporting the funding for the tasked EA–6Bs against Serbia’s air de- regulatory authority. These changes, Cerro Grande Fire Assistance Act con- fense system, and that an ‘‘EB–52’’ var- while seemingly innocuous, represent a tained in this bill. By working together iant was under consideration. That major shift in Clean Water Act author- with Senator DOMENICI and his staff, concept warrants full consideration, as ity from the States to the Federal Gov- we were able to quickly put together a a supplement to the EA–6B aircraft ernment at the hands of the Environ- piece of legislation that will com- now in service with the Navy. mental Protection Agency. Congress pensate the many New Mexicans in- Mr. CONRAD. I wonder if the distin- has the authority to set clean water jured by the Cerro Grande fire that guished Chairman and Ranking Mem- laws of this country, not the EPA. raged through Los Alamos and the sur- ber share our interest in the idea of an I reiterate something I have been rounding forests in early May. Because EW mission for the B–52 and belief that saying as often as anyone will listen— of the federal government’s role in set- it should be carefully studied? these new regulations can easily be ting what began as a controlled burn in Mr. WARNER. I certainly do. Our Na- summed up in two words—unreason- the Bandelier National Park, this legis- tion requires additional dedicated EW able and unnecessary. lation was a necessary response from assets and the B–52 offers great poten- I understand some of my distin- the federal government. tial in this area. I would bring to the guished colleagues’ objections to what The intensity of the Cerro Grande attention of my colleagues that the De- seems like legislating on an appropria- fire resulted in extraordinary losses for fense Authorization Act for fiscal year tions bill, but I want to let my col- both the residents of Los Alamos and 2000 called for a study of potential ad- leagues know that I have attempted to the surrounding pueblos. I am pleased ditional EW platforms to supplement use all other avenues to fix this regula- that a compensation fund will now be the EA–6B. The B–52 warrants careful tion. I completely agree with the available for those who lost their and thorough analysis, and I have been EPA’s objective of cleaning up our Na- homes in the fire, those who were assured by the Defense Department tion’s rivers, lakes, and streams, but forced to close down their business and that it is, in fact, being studied. Sen- firmly believe that this regulation those who provided emergency relief to ator LEVIN, would you care to com- oversteps congressional mandated au- the threatened community. The comment? thority and intent for the implementa- pensation fund will also be made avail- Mr. LEVIN. I appreciate the interest tion of the Clean Water Act. able for those who suffered other kinds of my friends from North Dakota in the I assure my colleagues that I have of losses as a result of the fire. This EB–52 and share the sentiments of the done all that I could to encourage the would include aid to the Santa Clara distinguished Chairman on this matter. EPA to back down before we got to this Pueblo to help them restore the thou- The B–52 is a viable candidate for the point. I have personally met with the sands of acres they lost to the Cerro EW mission in light of its large pay- President. I have personally met with Grande blaze. It would also include as- load, intercontinental range, reli- EPA Administrator Carol Browner. I sistance to the members of the San ability, and airframe maintainability have introduced legislation to reassert Ildefonso Pueblo who have suffered beyond 2040. It is my understanding congressional intent regarding the economically due to the fire closing that it is being studied as a dedicated Clean Water Act. My colleagues and I down the roads and cutting off the EW platform candidate and must re- have held ten congressional Committee tourist traffic that frequents the pueb- ceive full consideration. hearings, introduced six pieces of legis- lo. I’m also glad that we were able to Mr. CONRAD. I greatly appreciate lation on this matter, and held over 20 provide funding for the Los Alamos Na- the comments of the Armed Services public meetings around the country tional Laboratory so it can begin to ad- Committee’s distinguished leadership. that were attended by thousands of dress the damages it sustained as a re- I am willing to withdraw my amend- property owners. sult of the Cerro Grande fire. ment in light of assurances that the In Arkansas alone, we have held I am very pleased that the Cerro study is underway and will continue to three public meetings and two congres- Grande compensation fund will be accord the B–52 full, fair, and thorough sional field hearings. In El Dorado over available shortly so people can get on consideration as a potential dedicated 1,000 attended; in Texarkana over 4,000 with their lives and start rebuilding EW platform. attended; in Fayetteville over 2,000 at- their communities. Once this legisla- Mr. DORGAN. I also thank the dis- tended; and over 1,000 attended in Hot tion is signed by the President, FEMA tinguished Chairman and Ranking Springs and in Lonoke to learn how will have 45 days to draft regulations Member for their attention to this im- this new TMDL regulation would affect that govern this claims process. I portant matter. In light of their assur- their private property and to protest would like to thank FEMA, and espe- ances, I, too, will withdraw my amend- the reach of the EPA into traditional cially Director James Lee Witt, for ment, and look forward to working non-point source activities. taking on this very large responsibility with them to ensure that the B–52 is We have attempted all available ave- of handling the fire claims process. He given a close look for the EW mission nues to right this wrong. It was never has worked tirelessly to aid disaster during the ongoing study. congressional intent for the EPA to victims across this country and I know Mrs. LINCOLN. Mr. President, with regulate non-point sources or to inter- he will devote the resources necessary the passage of the emergency supple- fere with States’ implementation of to aid the victims of the Cerro Grande

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6234 CONGRESSIONAL RECORD — SENATE June 30, 2000 fire. We hope that the regulations gov- mittee. The conference committee did nancing in the commercial market- erning the claims process will be in not meet to consider the supplemental place. SBA provides this assistance in place shortly and the victims of the items. the form of guaranties for loans made fire can begin settling their claims This has not been an ideal process. by a network of more than 5,000 private with the federal government by late While this bill provides funding for sector lenders. Currently, SBA’s 7(a) summer. needed projects and disaster relief, portfolio includes nearly $40 billion in As I thank my colleagues for their many needs were left unaddressed. 7(a) loans representing as many as support, I would like to particularly Other projects were added that were 150,000 small businesses that might not thank Senator DOMENICI for his hard not part of either the President’s sup- be in business today were it not for work in fighting for this money in the plemental request or the Senate’s sup- their SBA guaranteed loans. The 7(a) appropriations process. The initial ap- plemental provisions. program is funded by user fees and a propriation of $455 million for this I am particularly disappointed that modest appropriation intended to off- compensation fund will hopefully ad- this conference report does not include set any potential losses on the SBA dress most, if not all, of the damage the Senate’s language to provide Se- guaranteed loans. For fiscal year 2000, caused by the Cerro Grande fire. The attle and other local governments in the taxpayers’ cost for a 7(a) loan is amount appropriated is a significant Washington state with the needed re- only $1.16 for every $1000 guaranteed. commitment by the federal govern- imbursement funding for last year’s And for each $10,000 loaned, at least ment and by passing this legislation WTO meeting. The federal government one job is created. today, Congress has committed itself has not been a true partner is sharing Despite the tremendous benefits pro- to compensating the victims of the the costs for this event. vided by the 7(a) loan program, how- Cerro Grande fire for the losses they I am particularly disappointed with ever, this year the available program incurred. the Congressional Majority, which level will not be adequate to meet the Mrs. MURRAY. Mr. President, I am promised to include this language. Un- needs of the eligible, credit-worthy pleased and relieved that after weeks of fortunately, when they met behind small businesses that will seek assist- uncertainty we have finally reached closed doors, they chose to neglect our ance from SBA. This means that by the this point, and that we are ready to act obligation to Seattle. I will demand end of the fiscal year the Agency will on the Military Construction Bill. that the Senate act on this matter be- have to turn away some of the small As always, I thank Senator BURNS, fore we adjourn this year. entrepreneurs that are relying on SBA- the Chairman of the Military Construc- In addition, I continue to have seri- guaranteed loans to finance the growth tion Subcommittee for his leadership ous reservations about the assistance of their businesses. In an environment and bipartisan cooperation. I also want package to Columbia for counter nar- where small business is responsible for to thank Chairman STEVENS and Sen- cotics activities. I have worked with much of the growth in the American ator BYRD for their work in producing Senator LEAHY to strengthen the economy and most of the new job op- this bill. They set an excellent example human rights provisions within the portunities, this is penny-wise and for all of us to follow. bill, and I did vote for both amend- pound-foolish. The FY 2001 Military Construction ments to limit funding to Columbia SBA has funds available that could Appropriations Bill provides $8.8 billion during the Senate’s consideration of be transferred to the 7(a) program to dollars in spending. This agreement the issue. If the Columbia funding were help to make sure that every eligible, also represents a tremendous amount attached to a bill other than Military credit-worthy small business that of work and a great deal of cooperation Construction where I serve as ranking seeks SBA’s loan assistance is able to between the House and Senate. member, I would give serious consider- access the loans that they need. The We went into conference with very ation to voting against the bill. simple request would allow SBA to use different recommendations for I also want to note for my colleagues funds that have been previously appro- projects, and simply not enough money that this legislation provides signifi- priated to it for the 7(a) program. If to go around. We came out with a bi- cant disaster assistance for New Mex- any of us were asked whether we sup- partisan package that is fair and bal- ico to aid the Los Alamos area in deal- port the small businesses in our anced and, most importantly, addresses ing with the recent devastating fire. States—in our districts, we would an- some of our most pressing military Senator DOMENICI and Senator BINGA- swer with a resounding ‘‘yes.’’ By in- construction needs. I wish we could MAN have been very diligent in working cluding language to allow SBA to use have done more because the needs are with the Senate on this issue. existing funds for 7(a) program loans, so significant. At this moment, fire crews in Wash- we will be demonstrating in a very tan- As our nation continues to tally up ington state have finally gotten con- gible way that our local small busi- ever-larger budget surpluses, I hope trol of another significant fire near one nesses can really count on this support. that the Defense Department will of our country’s nuclear weapons facili- I don’t understand why we, the Con- channel more resources into military ties. More than 200,000 acres were degress, continue to deny this simple reconstruction. We simply cannot con- stroyed by a fast-moving fire on and quest that means so much to so many tinue to balance the best military in around the Hanford Nuclear Reserva- and costs so little. This is nothing un- the world on the back of a crumbling tion. anticipated or given to the Congress at infrastructure. We ask tremendous sac- Secretary Richardson is at Hanford the last minute: rifices from our military families, and today to assess the damage. I have In SBA’s FY 2000 request, SBA asked this bill is an opportunity to address been in contact with Governor Gary for a program level of $10.5 billion for their pressing needs. Locke and various federal officials to this program. The SBA only received a Mr. President, I would also like to follow the fire developments. While it program level of $9.75 billion. acknowledge the excellent contribu- is too soon to know the extent of the The President’s supplemental request tions of the Military Construction Sub- damage, I do want my colleagues to be letter of February 25, 2000 included committee staff for their many hours aware of this serious situation. SBA’s request for authority to transfer of hard work in crafting this agree- Mr. KERRY. Mr. President, I am money to the 7(a) program to raise the ment. deeply concerned that the supple- program level to the requested $10.5 I also want to make a few brief com- mental appropriations contained in billion. ments regarding the supplemental ap- this Military Construction Appropria- When the Administrator testified on propriations that have been attached tions conference report (accompanying the FY 2001 budget in March of this to this legislation. I will vote for the H.R. 4425) do not provide for essential year, she stated that SBA would need conference report but I do so with seri- funding for SBA’s popular 7(a) guaran- the $10.5 billion program level for FY ous reservations about numerous provi- teed business loan program. 2000 at the then current demand level. sions in the supplemental. It is impor- For nearly 50 years, SBA’s 7(a) loan On May 22, SBA Administrator Alva- tant to note that the package before program has provided loans to start rez sent letters to Chairmen STEVENS the Senate today does not represent and grow small business across the and GREGG expressing her concern that the work of the entire conference com- country when they could not access fi- the transfer was not included in S. 2536.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6235 In a letter from Jacob Lew, director Bureau of Land Management and the As I said early on, there are some of OMB, to Chairman Young, Director Forest Service for costs incurred in things in this bill that I do not support. Lew mentioned the concern by the Ad- connection with firefighting efforts on There is questionable need for some of ministration of the transfer ability. the Grand Canyon rim and elsewhere the military construction projects that Now I am expressing my concern that around the country. The firefighting are funded. The LIHEAP money should it is not in H.R. 4425. funds have to be allocated. not be included here. Peanut assess- Mr. KYL. Mr. President, the Senate The bill allots $1.3 billion for coun- ments. The breaching of the defense is today considering the conference re- ternarcotics activities, including Plan firewall. But it seems to me that the port to accompany the FY2001 military Colombia. That is a start, but we are good in the bill outweighs the bad. construction appropriations bill, H.R. likely going to have to do even more to Mr. President, I will vote for this 4425. The bill includes funding for mili- help gain control of drug production bill. We have no choice but to replenish tary facilities and infrastructure, in- and distribution from Colombia. our defense accounts and pay for emer- cluding base improvements, operation There are several items of particular gency items, like firefighting and dis- and training facilities, barracks and importance to the state of Arizona that aster relief. family housing, and environmental I would like to highlight at this point. Mr. L. CHAFEE. Mr. President, I compliance. First and foremost is language to pre- would like to share with my colleagues Attached to the military construc- vent the Secretary of the Interior from my views on several items contained tion bill is a supplemental spending moving forward with a unilateral re- within this conference report. package for FY2000 that includes fund- allocation of Central Arizona Project Shortly after becoming a Senator, I ing for anti-drug efforts, including in (CAP) water. This language is defensive was named chairman of the Foreign Colombia, funds to replenish defense in nature—that is, it is intended only Relations Subcommittee on Western accounts that have been drawn down to counter a threat by the Interior Sec- Hemisphere Affairs. One of the most by the Clinton administration to pay retary to reallocate CAP water by the important matters before our sub- for military operations in Kosovo and end of the calendar year contrary to committee this year is the Administra- Bosnia, and funds for disaster assist- the terms of Indian water settlements tion’s proposed anti-drug aid package ance, wildland firefighting activities, now being negotiated. Water is a pre- for Colombia. The conference report and administrative expenses associated cious and scarce resource, and the allo- before the Senate today includes $1.3 with repeal of the Social Security cation of CAP water is one of the most billion for this plan. earnings limitation earlier this year. important decisions affecting the fu- On February 25, I called the first I am pleased that the total cost of ture of my state. Arizona simply can- hearing of my subcommittee to con- the supplemental package was reduced not allow the Secretary to reallocate sider the many facets of this package. from the original $13 billion proposed its water merely because he is about to I must say that at first, I was quite by the House to about $11 billion. I leave office. skeptical of providing such a dramatic want to commend the Majority Leader, The bill includes a $12 million one- increase in anti-drug military aid to Senator LOTT, and the Chairman of the time appropriation to be split equally Colombia. My concerns centered on Appropriations Committee, Senator between Arizona, Texas, California, whether the United States had a com- STEVENS, for working to limit the cost and New Mexico to help cover the over- prehensive long-term strategy for this of the supplemental package. whelming costs associated with proc- plan, whether this swift and dramatic I think we could have gone further, essing criminal illegal immigrants and infusion of military hardware would re- though. The bill includes about $600 the significant number of border-result in a worsening of the human rights million for the Low Income Home En- lated drug cases. record of the Colombian military, and ergy Assistance Program. I question It also includes a one-time, $2 million whether there were assurances that the need to include that money here. appropriation for Arizona to assist these funds would not be wasted due to There is $7 million for peanut assess- Cochise County and other affected ju- corruption. ments. There is language in the bill risdictions along the U.S.-Mexican bor- At our hearing, our subcommittee ex- that lifts the firewall that would pre- der that are incurring significant costs plored a number of questions about vent defense funds from being diverted for local law enforcement and criminal this plan. Key among our witnesses was to certain domestic programs. These justice processing because of record- Jose´ Miguel Vivanco, Executive Direc- are things I would omit from the bill, if breaking levels of illegal immigration tor of the Americas Division of Human I could. and smuggling of drugs and people into Rights Watch. Mr. Vivanco outlined a The fact is, though, that the bulk of the state. report he had just authored docu- the supplemental spending is urgently Dr. Tanis Salant, a professor at the menting the continued links between needed, even though some provisions of University of Arizona, is close to com- the Colombian military to the questionable merit have been included. pleting a study on unreimbursed costs paramilitaries that have been impli- More than half of the supplemental— that occur as a result of increased ille- cated in countless human rights abuses $6.5 billion—is required to replenish de- gal immigration in the area. He esti- in Colombia. He also touched on the fense operations and maintenance ac- mates that Arizona’s border counties lack of progress in prosecution in Co- counts that President Clinton has collectively spend $15.5 million to bring lombia’s civilian courts of military tapped to cover the cost of unauthor- criminal illegal aliens to justice. personnel accused of human rights ized military missions around the Cochise County spends 33 percent of its abuses. globe, including in Bosnia and Kosovo. overall local criminal justice budget to Two months later, I chaired a meet- Because O&M accounts have been seri- process criminal illegal immigrants. ing of the Foreign Relations Com- ously depleted, we find that we are now This does not even include incarcer- mittee with the President of Colombia, on the brink of serious readiness prob- ation costs, which are also severe. Andre´s Pastrana. At this meeting, sev- lems in our military if we do not re- Finally, the bill funds important eral members of the Committee and plenish these accounts, and do so military construction projects in the other interested Senators were able to quickly. state: discuss in depth with Mr. Pastrana our Mr. President, the firefighting money $2.265 million to improve the readi- concerns about this plan. I came away in this bill—$350 million—like the de- ness center at the Army National from our meeting fully convinced that fense money—is an urgent matter. The Guard’s Papago Military Reservation; President Pastrana is a courageous, re- Los Alamos, New Mexico, fires have $1.598 million for the readiness center form-minded leader who is committed dominated the news, but wildfires this at the Guard’s Yuma installation; and not only to ending drug trafficking in year have consumed more than 25,000 $3.35 million for the child-develop- Colombia, but also to bringing sta- acres in Arizona, as well. Nationwide, ment center at Fort Huachuca. bility, ending violence, and promoting over one million acres have burned this These were projects that were not human rights there as well. year, and we still have several months identified in the President’s budget, I am gratified that concerns such as remaining in our fire season. The but which are important priorities in those raised at our subcommittee hear- money in this bill will reimburse the the state. ing and our meeting with President

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6236 CONGRESSIONAL RECORD — SENATE June 30, 2000 Pastrana received attention as the Senate once again on the subject of six new C–130J aircraft for the Coast House and Senate have considered the military construction projects added to Guard—the very aircraft that we throw Administration’s plan. In that regard, an appropriations bill that were not re- money at with wanton abandon as the conference report before the Senate quested by the Department of Defense. though our very existence as an insti- today includes several stringent re- This bill contains more than $1.5 bil- tution is dependent upon the continued quirements, including a series of condi- lion in unrequested military construc- acquisition of that aircraft. tions on the progress of Colombia’s tion projects. More importantly, I That funding and those aircraft are military in addressing human rights would like to spend a few minutes dis- in the bill that emerged from con- abuses; $29 million more than the cussing the thorough perversion of the ference with the House. A consensus President’s request for human rights budget process by Congress in its re- and justice programs; a requirement lentless pursuit of the other white exists, apparently, that we must have that the U.S. President develop a com- meat. There is $4.5 billion in pork-bar- six more C-l3OJs in addition to the prehensive strategy with benchmarks; rel spending in this bill, $3.3 billion of ones added to the defense appropria- and additional anti-drug funding to that total in the so-called ‘‘emergency tions bill despite a surplus in the De- neighboring nations so that this prob- supplemental.’’ partment of Defense of C–130 airframes lem is not simply exported out of Co- Webster’s, Mr. President, defines that should see us through to the next lombia. ‘‘emergency’’ as ‘‘a sudden, generally millennium and beyond. Message to Although there remain numerous unexpected occurrence or set of cir- parents saving up for little junior’s col- critics who do not support this plan, I cumstances demanding immediate ac- lege education: invest in the stock of would attest that the provisions in this tion.’’ What we have here is the antith- the company that makes C–130s; the bill are far better than simply appro- esis of that concept. It is ironic that United States Congress will ensure priating the funds without condition. the emergency spending bill before us your offsprinq never need student With these strong provisions included, today includes $20 million for absti- loans. nence education, because the taxpayers I support passage of this anti-drug Compared to the $460 million for the package for Colombia. are really getting screwed. For months However, let’s be clear that passage the leadership of this body made a de- C–130s, it hardly seems worth it to of this plan today is not the end of liberate decision not to act quickly and mention the $25 million added to this Congress’ consideration of this critical deliberately with regard to legitimate emergency spending measure for yet issue. As chairman of the Sub- spending issues involving military another Gulfstream jet, other than to committee on Western Hemisphere Af- readiness and the crisis in Colombia. point out that it is manufactured in fairs, I will closely monitor implemen- The decision was made not to treat the same state as the C–130s. tation of this aid package to ensure these essential and time-sensitive ac- It was reassuring that a compromise that the conditions enacted by Con- tivities as expeditiously as possible. was reached on the issue of helicopters gress today are carried out responsibly Now, after many months and a legisla- for Colombia. It is extremely unfortu- and thoroughly by the Administration. tive trail more complicated and illogi- nate, however, that an issue of life and I would also like to mention a rider cal than any Rube Goldberg contrap- death for Colombian soldiers being sent inserted by the Conference Committee tion, we are presented with an $11 bil- into combat to fight well-armed drug that would prohibit the Environmental lion bill replete with earmarks that traffickers and the 15,000-strong guer- Protection Agency from finishing work under no credible criteria should be rilla army that protects them was on a proposed rule revising the Total categorized as ‘‘emergency’’—and this predicated upon parochial consider- is in addition to the over $1.5 billion Maximum Daily Load (TMDL) program ations. Valid operational reasons ex- under the Clean Water Act. The TMDL added to the underlying military con- isted for the decision by the Depart- issue is an important policy matter, struction appropriations bill for strict- ment of Defense and the Colombian one with significant consequences for ly parochial reasons. Government to request Blackhawk hel- public use of our Nation’s surface Mr. President, as everyone here is waters and for many businesses, farm- aware, I regularly review spending bills icopters, and the Senate’s decision to ers and others who will be affected by for items that were not requested by substitute those Blackhawks for Huey the rule. No doubt, this issue is con- the Administration, constitute ear- IIs was among the more morally rep- troversial and merits careful consider- marks designed to benefit specific rehensible actions I have witnessed ation and debate. However, the TMDL projects or localities, and did not go within the narrow realm of budgetary provision inserted into the Military through a competitive, merit-based se- decision-making by Congress. Construction and Supplemental Appro- lection process. I submit lists of such Specific to the Military Construction priations bill inappropriately transfers items to the CONGRESSIONAL RECORD, Appropriations Act for Fiscal Year the decision regarding the TMDL rule generally prior to final passage of the 2001, it continues to strain credibility from the Environmental Protection spending bill in question. In the case of to peruse this legislation and believe Agency to the Senate and House Ap- the Military Construction bill for fiscal that considerations other than pork propriations Committees. year 2001, I submitted such a list, along were at play. How else to explain the This rider is not germane to the un- with a statement critical of the process millions of dollars added to this bill for derlying bill, was inserted into the by which that bill was put together, National Guard Armories, which, in a Conference Report without any public particularly the over $700 million typically Orwellian gesture, are now debate, and cannot be amended. In my worth of military construction projects referred to as ‘‘Readiness Centers?’’ added to that bill that were not review, important decisions regarding Whether the $6.4 million added for a quested by the Department of De- environmental policy should not be new dining facility at Sheppard Air fense—an amount, I reiterate, that was made behind closed doors and out of Force Base: the $12 million for a new doubled in conference with the rarely public view. This type of backdoor leg- fitness center at Langley Air Force islating circumvents the legislative fiscally responsible other Body. Base; the $5.8 million for a joint per- process of debate and amendment, and This is an institution that has proven sonnel training center at Fairchild Air abuses the public trust. By including itself incapable of passing legislation Force Base, Alaska; the $3.5 million this language in a conference report on an expedited basis that genuinely added for an indoor rifle range and $1.8 that cannot be amended, Senators warrants the categorization of ‘‘emer- must either accept the offensive provi- gency.’’ Funding for ongoing military million for a religious ministry facility sion, or vote down an appropriations operations that strains readiness ac- at the Naval Reserve Station in Fort bill containing important funds for dis- counts is a case in point. The one Worth, Texas; the $4 million added for aster relief, humanitarian aid, and na- thing, Mr. President, we can pass with- the New Hampshire Air National Guard tional defense. out hesitation and consideration is Pease International Trade Port; the $4 Since the bill provides critical assist- money for pork-barrel projects. Just million for a Kentucky National Guard ance to people that need help, I reluc- prior to final passage back in May of parking structure; and the $14 million tantly support its passage. the Military Construction appropria- added for New York National Guard fa- Mr. MCCAIN. Mr. President, I appre- tions bill, the Appropriations Com- cilities all constitute vital spending ciate the opportunity to address the mittee pushed through $460 million for initiatives is highly questionable.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6237 Mr. President, there are one-and-a- As I stated earlier, tracking the proc- For example, this bill waives the half billion dollars worth of projects ess by which this bill comes before us budget caps to allow for more discre- added to this bill at member request. today has been a truly Byzantine expe- tionary spending. This bill also waived Not all of them, in particular family rience. The addition of $600,000 for the the firewall in the budget resolution housing projects warrant criticism or Lewis and Clark Rural Water System between defense and nondefense spend- skepticism. There are important qual- in South Dakota serves as sort of a ing on outlays. The end result is that ity of life issues involved here. The tribute to the unusual path down which this gives the Senate Appropriations public should be under no illusions, this legislation has traveled. The most Committee the freedom to move the however, that over a billion dollars was skilled legislative adventurers would $2.6 billion the Defense Appropriations added to this bill solely as a manifesta- be hard pressed to follow the trail this Subcommittee did not spend on much- tion of Congress’ naked pursuit of bill followed before arriving at its des- needed readiness into non-defense pork. tination here today. spending. As mentioned, far more disturbing I cannot emphasize the significance This bill further changes current law than the pork added to the military of piling billions of dollars in pork and and shifts the payment date for SSI, construction bill is the damage done to unrequested earmarks into a bill that the Supplemental Security Income pro- we have categorized for budgetary pur- the integrity of the budget process by gram, from October back to Sep- poses as ‘‘emergency.’’ Consider the the abuse of the concept of emergency tember. What that does is shift money distinction between emergency spend- spending. Permit me to quote from the into fiscal year 2000. In the process, it ing essential for the preservation of opening sentence from the Washington allows $2.4 billion more be spent in fis- Post of June 29 with regard to this bill: liberty and to deal with genuine emergencies that cannot wait for the usual cal year 2001 by spending that same ‘‘Republicans are trying to grease the annual appropriations process, and the amount of money in the previous year. skids for passage of a large emergency manner in which Congress abuses that This bill also uses the gimmick of mov- spending bill for Colombia and Kosovo concept and undermines the integrity ing the pay date for veterans’ com- with $200 million of ’special projects’ of the budgeting process. When I review pensation and pensions from fiscal year for members, and one of the biggest an emergency spending measure and 2001 to fiscal year 2000. Both of these winners is a renegade Democrat being read earmarks like $2.2 million for the provisions are further examples of the courted by the GOP.’’ Anchorage, Alaska Senior Center; irresponsible budget gimmickry that That, Mr. President, summarizes the $500,000 for the Shedd Aquarium/Brook- allows the Congress to spend more process pretty well. Military readiness field Zoo for science education pro- without any accountability. and the situation in Colombia are not grams for local school students; $1 mil- Mr. President, to conclude, this bill in and of themselves important enough lion for the North Shore-Long Island is a travesty, a thorough slap in the to warrant support for this spending Jewish Health System in Long Island, face of all Americans concerned about bill; we must have our pork. We must New York; $1 million for the Center for fiscal responsibility, national security, have our $25 million for a Customs Research on Aging at Rush-Pres- the scourge of drugs on our streets, and Service training facility at Harpers byterian—St. Luke’s Medical Center in the integrity of the representation Ferry, West Virginia, a site most cer- Chicago; and $8 million for the City of they send to Congress. We should be tainly chosen for its bucolic charm and Libby in Montana, plus another $3.5 ashamed of ourselves for passing this operational attributes rather than for million for the Saint John’s Lutheran bill—a bill that members of the Senate parochial reasons. We must have our Hospital in Libby, I am more than a had no time to review despite mis- $225,000 for the Nebraska State Patrol little perplexed about the propriety of leading statements to the contrary Digital Distance Learning project. We our actions here. voiced on the floor of the Senate. Un- must have over $3 million earmarked Is the American public expected to fortunately, shame continues to elude for anti-doping activities at the 2002 believe that what the chairman of the us, and the country is poorer for that Olympics, in addition to the $8 million Appropriations Committee calls a flaw in our collective character. for Defense Department support of ‘‘must-pass bill’’ essential for national Mr. President, I ask unanimous con- these essential national security ac- security should include emergency sent to have printed in the RECORD the tivities on the ski slopes of Utah. We funding for Dungeness fishing vessel list of unrequested items. must have $300,000 for Indian tribes in crew members, U.S. fish processors in There being no objection, the mate- North Dakota, South Dakota, Montana Alaska, and the Buy N Pack Seafoods— rial was ordered to be printed in the and Minnesota. how do you, Mr. President, even write RECORD, as follows: Those of us who had the misfortune that bill language with a straight of witnessing one of the most disgrace- H.R. 4225 FY01 conference MILCON and face—processor in Hoonah, Alaska, re- supplemental add-ons, increases & earmarks ful and blatant explosions of pork-bar- search and education relating to the rel spending in the annals of modern North Pacific marine ecosystem, and [In millions of dollars] American parliamentary history, the the lease, operation and upgrading of M1A2 Tank Upgrades ...... 163.7 ISTEA bill of 1998, should be astounded facilities at the Alaska SeaLife Center, Patriot Missile Program ...... 125 to see the projects funded in this emer- and the $7 million for observer cov- Walking Shield Program ...... 0.3 gency spending bill: erage for the Hawaiian long-line fish- 2002 Olympic and Paralympic Winter Games ...... 8 $1.2 million for the Paso Del Norte ery and to study interaction with sea Sale of a Navy Drydock to Bender International Bridge in Texas; turtles in the North Pacific. Finally, Shipbuilding, Mobile, AL. $9 million for the US 82 Mississippi and not to belabor the point, is the $1 Corps of Engineers Flood Protec- River Bridge in Mississippi; million for the State of Alaska to de- tion, Devils Lake, North Da- $2 million for the Union Village/Cam- velop a cooperative research plan to re- kota ...... 2 bridge Junction bridges in Vermont; store the crab fishery truly a national Corps of Engineers Flood Protec- $5 million for the Naheola Bridge in security imperative? tion, Princeville, North Caro- Alabama; My friend and colleague from Texas, lina ...... 1.5 $3 million for the Hoover Dam Bypass Senator GRAMM, has referred to the Corps of Engineers improve- in Arizona and Nevada; sadly typical smoke and mirrors budg- ments, Johnson Creek, Arling- $3 million for the Witt-Penn Bridge eting gimmickrey pervasive in this ton, TX ...... 3 in New Jersey; and bill. I am disturbed by these budgeting Corps of Engineers dredging, $12 million for the Florida Memorial gimmicks designed to prevent Congress Saxon Harbor, Wisconsin ...... 0.2 DoE Oak Ridge, Tennessee ...... 25 Bridge in Florida. from complying with the revenue and DoE Kansas City Plant, Missouri 11 These, Mr. President, are but a tip of spending levels agreed to in the Budget DoE Pantex Plant in Amarillo, the iceberg—an iceberg that shall not Resolution. This bill is a betrayal of Texas ...... 7.5 stand in the way of the icebreaker our responsibility to spend the tax- DoE Los Alamos, NM ...... 5 added to this bill, albeit for more cred- payers’ dollars responsibly and enact DoE Sandia Lab, NM ...... 14 ible reasons than the vast majority of laws and policies that reflect the best DoE Transportation/Fleet Up- member-adds. interests of all Americans. grades ...... 10

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4637 Sfmt 0655 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6238 CONGRESSIONAL RECORD — SENATE June 30, 2000 DoE Savannah River Site ...... 1.5 Education Research, Statistics LIHEAP (Low Income Home En- DoE Nevada Test Site U1h Shaft Center, George Mason Univ., ergy Assistance Program) ...... 600 improvements ...... 2.5 VA ...... 0.368 Military Construction, Blount Is- DoE Office of Security Staffing ... 3 Improvements to St. John’s Lu- land, FL ...... 35 DoE Worker Health Concerns Pa- theran Hospital, Libby, Mon- Washington, DC Police Depart- ducah, KY & Portsmouth, OH ... 10 tana ...... 3.5 ment Funding ...... 4.5 DoE Uranium Enrichment Economic Development Adminis- Decontam. and Decommission. Lewis & Clark Rural Water tration Grant to Libby, Mon- Project in South Dakota ...... 0.6 Fund ...... 58 tana ...... 8 DoE Environmental Cleanup at Arch. of the Capitol—Capitol Fire Airborne Reconnaissance Low Paducah, KY & Portsmouth, OH 16 Safety Improvements ...... 17.48 (ARL) aircraft ...... 30 DoE Uranium and Thorium li- NTSB Alaska Air/Egypt Air In- Colombia—Substitutes 30 censee reimbursements ...... 42 vestigation Costs ...... 19.739 Blackhawk helos requested Land acquisition at Blount Is- DOT Paso Del Norte Inter- by the administration and the land, Florida ...... 35 national Bridge, TX ...... 1.2 Colombian Government for a Implementation of the 1999 Live- DOT US 82 Mississippi River total of 60 Huey II heli- stock Mand. Price Reporting Bridge ...... 9 copters. Act ...... 1.35 DOT Union Village/Cambridge Cerro Grande/Los Alamos Fire Farm Service Agency Salaries Junction in Vermont ...... 2 Emergency Conservation Pro- and Expenses ...... 77.56 DOT Naheola Bridge, Alabama .... 5 gram ...... 10 Commodity Credit Corporation DOT Hoover Dam Bypass in Ari- Cerro Grande, Watershed and (CCC) ...... 81 zona and Nevada ...... 3 Flood Prevention Ops, Los Ala- Authorizes Sec. of Agriculture to DOT Witt-Penn Bridge in New mos ...... 4 use CCC funds to offset the Jersey ...... 3 Dept. of Int. BIA Operation of In- assessment on peanut pro- DOT Florida Memorial Bridge ..... 12 dian Programs, Cerro Grande ducers for losses from 1999. National Environmental Policy NM ...... 8.982 DoJ Funds to reimburse Texas, Institute, Washignton, DC ...... 0.75 New Mexico, Arizona and Cali- DOT Woodrow Wilson Bridge, VA/ Buy America Provisions, Arabian fornia municipal governments MD ...... 170 Gulf, Kwajalein Atoll. for federal costs associated DOT transfer to EPA for telecom- Authorizes Purchase of an ele- with handling and processing of muting pilot program ...... 2 vated Water Tank, illegal immigrants ...... 12 DOT Metro-North Danbury to Millington, TN. DoJ Communications Assistance Norwalk, CT commuter rail Authorizes Light Rail Connector, for Law Enforcement (CALEA) 181 project ...... 2 Ft. Campbell, Kentucky. Hurricane(s) assistance to fisher- DOT Second Avenue Subway im- Authorizes SECAF to conduct men ...... 10.8 provements, NYC, NY ...... 3 milcon dem. project, Brooks, Long Island Lobster Fishery DOT Improvements to the Halls AFB, TX Compensation for New York/ Mill Road, Monmouth County, Elementary School for the Cen- Conn...... 7.3 NJ ...... 1 tral Kitsap District, Bangor, West Coast Groundfish fishery Treasury in-service firearms WA ...... 1 disaster relief (CA, OR & WA) ... 5 training facility, WV ...... 24.9 Study the Health of Vieques, Treasury—Secret Service funds U.S. Commission on Inter- Puerto Rico Residents ...... 40 national Religious Freedom ..... 2 for National Security Special Purchase Tactical High Energy Bering Sea Crag Fishery for Or- Events ...... 10 Laser for the Army ...... 5.7 egon, Washington, and Alas- White House—EOP funds for res- kans ...... 10 toration/reconstruction of e- Purchase F–15 Eagle Fighters for Voluntary Fishing Capacity re- mail ...... 8.4 the Air Force ...... 90 duction program (NE U.S.) ...... 10 Winter Olympics/Paralympic CH–46 Helicopter engine Procure- Hawaiian Long-line fishing/Sea Games Doping Control Program 3.3 ment ...... 27 Turtle interaction/observers ..... 7 Provide FY00 funds for the ne- EP–3 Sensor Improvements for North Pacific/Alaska SeaLife braska State Patrol Digital the Navy ...... 25.8 Center emergency appropria- Distance learning project. Dam Construction, West tion ...... 5 5 HUD Economic Develop. Initia- Virginina ...... 11 BLM Wildland Fire Management tives Comm. Dev. Block U.S. Customs Service Training funding ...... 200 Grants: Center, Harpers Ferry, WV ...... 25 BLM Land Acquisition—Douglas City of Park Falls, Wisconsin ...... 1.3 U–2 Reconnaissance aircraft im- Lake Superior BTC Cultural Cen- Tract in Southern Maryland .... 2 provements ...... 212.7 Storm Damage Repairs in Na- ter, Washburn, Wisconsin ...... 0.25 WARSIMS for the Army ...... 5 tional Forests in Minnesota & Hatley, Wisconsin for water, Wisc ...... 2 wastewater, and sewer system Biometrics Assurance Program ... 7 Authorizes Const. of Indian imp ...... 0.9 EPA Macalloy Special Account, Health Service Clinic in King Hamlet, North Carolina for demo- Charleston, SC ...... 9.7 Cove, AK. lition and removal of buildings 0.05 Atlas Pulsed Power Experimental Authorizes compensation to Buy Youngstown, Ohio for design and Facility, Nevada Tst Site ...... 5 N Pack Seafoods in 1999 and constr. of a Community Center 25 DoE Science Programs, Natural 2000 for losses in Dungeness Home Investment Partnership Energy Lab, Hawaii ...... 2.5 crab fishing in Glacier Bay Program, New Jersey ...... 11 DoE Science Programs, Burbank Park, AK. Home Investment Partnership Hospital, Fitchburg, MA ...... 1 DoL—Abstinence Education—Ma- Program, North Carolina Hous- DoE, St. Luke’s Medical Center, ternal and Child Health Grant .. 20 ing Finance Agency ...... 25 Chicago, IL ...... 1 Const. of Little Flower Children’s FEMA Buyout of properties in DoE Science Program, North- Services Clinic, Wading River, flood plains ...... 50 Shore, Jewish Hlth. Sys., Long NY ...... 3 NASA Software work for future Island ...... 1 International HIV/AIDS funding 12 Mars Missions ...... 1 CDC Chronic and Environmental NASA Online ‘‘Learning Flight DoE Supply Programs to Disease Prevention, Houston, Control for Intell. Fl. Cont. Meterials Science Center, TX ...... 0.46 Sys.’’ proj...... 0.5 Tempe, AZ ...... 1 Payment to States for Foster DC reimbursement for IMF and Prohibits the use of federal funds Care and Adoption Assistance .. 35 world Bank Demonstration ...... 4.485 to the Nuclear Regulatory Auth. extension of funds to An- DOT Study, HWY 8 from Min- Commission for FY00 and 01, chorage, AK Senior Citizen’s nesota Border thru Wisconsin. Chattanooga, TN Tech Trng Center. 6 C–130Js for the Coast Guard ...... 468 Ctr. Improvement in Postsecondary 1 Gulfstream V (C–37A) for the West Virginia, Dept. of the Inte- Education, College of New Jer- Commandant of the Coast rior, Surface Mining Reg. Pro- sey ...... 0.75 Guard ...... 45 gram ...... 9.821

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4637 Sfmt 0655 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6239 HHS Projects for the Health Re- 8th and I Marine Barracks (1 Aberdeen Proving Ground, Mu- sources and Services/SSA ...... 20 Unit) ...... 0.5 nitions Assessment/Proc- Youth Offender Grants ...... 19 Florida: essing Sys ...... 3.1 Shedd Aquarium/Brookfield Zoo NS Mayport, Aircraft Carrier Massachusetts: Science Programs ...... 0.5 Wharf Improvements ...... 6.83 Hanscom AFB, Renovate Acqui- Boston Music/Symphony Edu- Panama City USN Coastal Sys- sition MGMT Facility ...... 12 cation Collaboration (Dept. of tem Center, Amphib. War. Air Natl. Guard, Barnes Munic- Educ.) ...... 0.832 Facil ...... 9.96 ipal Airport, Relocate Taxi- Ben Booke Arena and Hilltop Ski Tyndall AFB, Weapons Con- way ...... 4 Area Grant, Anchorage, AK...... troller Train. School ...... 6.195 ANG, OTIS ANGB, Upgrade Air- Total Plus-Ups for the Supplemental Portion Army Reserve, Clearwater field Storm Water System ..... 2 Only: $3,386,177,000.00. Aviation Support Facil ...... 17.8 Westover AFB, USMC Reserve Army Reserve, St. Petersburg Training Facility ...... 9.1 MILCON portion of the bill Arm. For. Res. Center ...... 10 Westover AFB, USAF Reserve, [In millions of dollars] USAF Reserve, Homestead, Repair Airmen Quarters ...... 7.45 Fire Station ...... 2 Alabama: Michigan: Georgia: Redstone Arsenal Space & Msl Natl. Guard, Lansing Combined Ft. Gordon, Consolidated Fire Def Command Bldg ...... 15.6 Main. Shop ...... 17 Station ...... 2.6 Alaska: Natl. Guard, Augusta Organ. Athens USN Supply Corps Eielson AFB, Joint Mobility Main. Shop ...... 3.6 School, Fitness Center ...... 2.95 Complex ...... 25 Air Natl. Guard, Selfridge Moody AFB, Dormitory ...... 8.818 Elmendorf AFB, Child Develop- ANGB, Upgrade Runway ...... 18 Robins AFB, Storm Drainage ment Center ...... 7.666 Minnesota: System ...... 11.762 Arizona: Natl. Guard, Camp Riley, com- Robbins AFB, Airmen Dining Ft. Huachuca, Child Develop. bined Support Main. Shop ..... 10.368 Facil ...... 4.095 Center ...... 3.35 Mississippi: Hawaii: Army National Guard, Papago USN Stennis Space Center, USA Pokakuloa Train. Range .. 12 Mil. Reserv. Readiness Center 2.265 Warfighting Center ...... 6.95 USN Ford Island, Sewer Force Yuma Readiness Center ...... 1.598 Columbus AFB, Corrosion Con- Main ...... 6.9 Arkansas: trol Facil ...... 4.828 Defense Wide, Pearl Harbor, Pine Bluff Arsenal, Chemical Natl. Guard, Camp McCain, Special Deliv. Drydeck Facil 9.9 Defense Qual. Facility ...... 2.5 Modified Record Fire Range .. 2 Maui Readiness Center ...... 11.592 Little Rock AFB, C–130 Drop Natl. Guard, Oxford Readiness Idaho: Zone ...... 1.259 Center ...... 3.348 Air Natl. Guard, Gowen Field, California: ANG, Jackson Int’l Airport, C– C–130 Assault Strip ...... 9 Ft. Irwin, Presidio of Monterey 17 Corr. Control/Main. Hangar 1.7 Illinois: Barracks Addition ...... 2.6 Family Housing, Gulfport Natl. Guard, Aurora Readiness Barstow USMC Log. Base, Naval Con. Battalion Center Center ...... 2.871 Paint & Undercoat Facility ... 6.66 (157 Units) ...... 20.7 Natl. Guard, Danville Readiness Lemoore NAS, Child Dev. Cen- Missouri: Center ...... 2.435 ter Expansion ...... 3.79 Ft. Leonard Wood, Airfield Im- Indiana: Miramar USMC Physical Fit- provements ...... 4.2 ness Center ...... 6.39 ANG, Ft. Wayne Int’l Airport, Replace Fuel Cell & Corrosion Natl. Guard, Maryville Readi- Monterey USN PostGrad. Facility ...... 7 ness Center ...... 4.225 Building Extension ...... 5.28 Grissom AFRB, Services Com- USNR, Whiteman AFB, Littoral TwentyNine Palms, Bach. En- plex ...... 11.29 Surveillance System ...... 3.57 listed Quarters ...... 21.77 USNR, Grissom AFRB, Reserve Family Housing, Ft. Leonard Beal AFB, Control Tower ...... 6.299 Train. Facil ...... 4.73 Wood (24 units) ...... 4.15 Fresno, Organiz. Maintenance Iowa: Montana: Shop ...... 0.978 Fairfield Readiness Center ...... 1.066 Malstrom AFB, Convert Com- Parks, Organiz. Maintenance Kansas: mercial Gate ...... 3.517 Shop ...... 6.062 Malstrom AFB, Helicopter Ops Bakersfield Readiness Center ... 0.5 Ft. Riley, Adv. Waste Water Treatment Facil ...... 22 Facil ...... 2.362 Fort Ord Thermochemical Con- Natl. Guard, Bozeman Readi- version—Direct the Army McConnel AFB, Approach Lighting System ...... 2.1 ness Center ...... 4.916 to develop and operate a Nevada: thermochemical conversion McConnel AFB, KC–135 Squad Fallon NAS, Corrosion Control pilot plant at Fort Ord. Ops/Aircraft Main. Unit ...... 9.764 Hangar ...... 6.28 Colorado: Air Natl. Guard, McConnell Natl. Guard, Carson City Peterson AFB, Computer Net- AFB, B–1 Power Check Pad ... 1.55 USP&FO, Admin. Building .... 4.472 work Defense Facility ...... 6.826 Ft. Leavenworth—Bell Hall Re- Air Natl. Guard, Reno-Tahoe Peterson AFB, Maintain Main furbishment earmark for Int’l Airport, Fuel Storage Access Gate ...... 2.31 FY 2002. Complex ...... 5 Army Natl. Guard, Ft. Carson, Kentucky: Mobiliz. & Train. Equip. Site 15.1 Ft. Knox Multi-Purpose Digital Family Housing, Nellis AFB (26 units) ...... 5 Air Natl. Guard, Buckley Training Range ...... 0.55 ANGB, Replace Joint Muni- Natl. Guard, Ft. Knox, Parking 3.929 Carson City Readiness Center— tions Complex ...... 6 Louisiana: direct National Guard Bu- reau to insure additional Connecticut: Barksdale AFB, B–52H Fuel Cell funding is provided. Orange Air National Guard Sta- Main. Dock ...... 14.074 tion Air Control Squadron USNR, New Orleans Naval Sup- New Hampshire: Complex should be consid- port Activity ...... 1.67 Air Natl. Guard, Pease Int’l. ered in FY 2002. New Orleans NAS, Joint Re- Trade Port, Med. Train. Facil 4 Delaware: serve Center ...... 7 New Jersey: Army Natl. Guard, Smyrna Maine: Picatinny Arsenal, Armament Readiness Center ...... 7.02 Portsmouth Naval Shipyard, Software Eng. Center ...... 5.6 Dover AFB Control Tower high- Waterfront Crane Rail Sys- McGuire AFB, Air Freight Ter- light funding req. for FY tem ...... 4.96 minal/Base Supply Complex .. 10.6 2002. Maryland: Fort Dix Barracks $900,000 for District of Columbia: Ft. Meade, Barracks ...... 19 the design of the facility ...... 0.9 Washington USMC Barracks, Patuxent River NAS, Environ- New Mexico: Site Improvements ...... 7.4 mental Noise Reduction Wall 1.67 Cannon AFB, Control Tower ..... 4.934 Washington USN Research Lab. Patuxent River NAS, Research Holloman AFB, Repair Bonito Nano-Science Center ...... 12.39 & Test Eval. Support Facil .... 6.57 Pipeline ...... 18.38

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4637 Sfmt 0655 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6240 CONGRESSIONAL RECORD — SENATE June 30, 2000 Kirtland AFB, Fire/Crash Res- Natl. Guard, Tazwell Readiness USAF Planning & Design ...... 20.391 cue Station ...... 7.35 Center ...... 3.51 Natl. Guard Planning & Design 20.547 New York: Texas: Natl. Guard Unspecified Minor Ft. Drum, Battle Simulation Ft. Hood, Command & Control Construction ...... 10.48 Center ...... 12 Facil ...... 4 Natl. Guard Unspecified Minor- Air Natl. Guard, Hancock Field, Ft. Hood, Fire Station/Trans- WMDCST ...... 25 Small Arms Train. Facil ...... 1.25 portation Motor Pool ...... 6.492 Air Natl. Guard Unspecified Air Natl. Guard, Hancock Field, Corpus Christi NAS, Parking Minor Construction ...... 4 Upgrade Aircraft Main. Shops 9.1 Apron Expansion ...... 4.85 USA Reserve Planning & De- ANG, Niagara Falls Int’l. Air- Ingleside USN Station, Mobile sign ...... 5.5 port, Upgrade Overrun & Mine Assembly Unit Facil ..... 2.42 USA Reserve Unspecified Minor Runup ...... 4.1 Kingsville NAS, Aircraft Park- Construction ...... 0.7 West Point Multi-media Learn- ing Apron ...... 2.67 USNR Planning & Design ...... 2.2 ing Center ...... 0.5 Dyess AFB, Fitness Center ...... 12.813 North Carolina: Lackland AFB, Child Dev. Cen- USAFR Planning & Design ...... 1 USMC Camp Lejeune, Armories 4 ter ...... 4.83 Total MILCON only: $1,226,226,000.00. Seymour Johnson AFB, Repair Sheppard AFB, Dining Facil ..... 6.45 Total MILCON Plus Supplemental: Airfield Pavements ...... 7.141 Laughlin AFB, Visitors Quar- $4,612,403,000,00. Air Natl. Guard, Charlotte/Dgls. ters ...... 11.973 Airport, Replace Supply Ft. Bliss, Lab. Renovation ...... 4.2 ADD-ONS, INCREASES AND EARMARKS HIGH- Whare ...... 6.3 Air Natl. Guard, Ellington LIGHTED BY SECTION AND DESIGNATED AS North Dakota: Field, Replace Base Supply/ EMERGENCY REQUIREMENTS Natl. Guard, Wahpeton Arm. Civil Eng. Co ...... 10 Section 111. Any military construction For. Readiness Center ...... 10.96 USNR, NAS, Ft. Worth, Indoor projects, including architect and engineer Ohio: Rifle Range ...... 3.49 Wright-Patterson AFB, Con- USNR NAS, Ft. Worth, Reli- contracts, estimated to exceed more than $500,000 to be accomplished in Japan, in any solidated Toxics Hazards Lab 14.908 gious Ministry Facil ...... 1.83 Air Natl. Guard, Mansfield- Utah: NATO country, or in countries bordering the Lahm Airport, Squad. Ops & Hill AFB, Dormitory ...... 11.55 Arabian Gulf are to be awarded to United Commun ...... 7.7 S.A. Douglas Armed Forces Re- States firms or U.S. firms in joint venture Air Natl. Guard, Springfield serve Center Parking & Site with host nation firms. Airport, Power Chk/De-arm Improv ...... 0.7 Section 112. Any military construction pad ...... 4 Vermont: project in U.S. territories and possessions in Columbus Naval & Marine Re- Air Natl. Guard, Burlington the Pacific and on Kwajalein Atoll, or in the serve Center, Consolidated Int’l. Airport, Main. Complex 9.3 Arabian Gulf, estimated to exceed $1 million Air Res...... 7.08 Virginia: may be awarded to a foreign contractor only Oklahoma: Ft. Eustis, Aircraft Main. In- if the foreign contractor bid exceeds a U.S. Ft. Sill, Tactical Equip. Shop ... 10.1 struction Building ...... 4.45 contractor bid by 20% or more. Furthermore, Altus AFB, C–17 Cargo Com- USN Dahlgren Naval Surf. War- for contract awards for military construc- partment Trainer ...... 2.939 fare Center, Joint Warf. Anal- tion on the Kwajalein Atoll this requirement Tinker AFB, Dormitory ...... 8.715 ysis C ...... 19.4 is suspended for Marshallese contractors. Vance AFB, Main. Hangar ...... 10.504 Langley AFB, Fitness Center ... 12.18 Section 124. Department of Defense funds Natl. Guard, Sand Springs, Natl. Guard, Richlands Org. may be transferred for the purpose of fund- Arm. For. Res. Center ...... 13.53 Main. Shop ...... 1.175 ing programs of the Demonstration Cities Oregon: Family Housing, Ft. Lee (52 and Metropolitan Development Act of 1966 Camp Rilea Train. Simulation units) ...... 8.6 Center ...... 1.47 (42 U.S.C.) to pay for expenses associated Fort Belvoir, Potomac Heritage with the Homeowners Assistance Program. Eugene Armed Forces Reserve National Scenic Trail ...... 0.5 Center Complex consider- Section 130. Critical military construction Washington: funds may be transferred from the Naval Re- ation for FY 2002. Bangor Naval Sub. Base, Stra- serve account to the Active Duty Navy ac- Pennsylvania: tegic Sec. Support Facil ...... 4.6 Philadelphia Naval Surface Bremerton Naval Station, Fleet count for funding an elevated water storage Warfare Cent., Gas Turbine Recreation Facil ...... 1.93 tank at the Naval Support Activity Test Fac ...... 10.68 Everett Naval Station, Aquatic Midsouth, Millington, Tennessee. Ft. Indiantown Gap, Repair Combat Training Facil ...... 5.5 Section 131. Department of Defense mili- Waste Treatment Plant/Sew- Puget Sound Naval Shipyd., In- tary construction funding may be used for age ...... 8.518 dustrial Skills Center ...... 10 the light rail connector located at Fort Johnstown Regional Main. Fairchild AFB, Joint Personnel Campbell, Kentucky and if funds become Shop ...... 4.5 Training Center ...... 5.88 available, the Secretary of the Army may Mansfield Readiness Center ...... 3.1 Fairchild AFB, Runway Center- later accept funds from the Federal Highway New Milford Readiness Center .. 2.675 line Lighting ...... 2.046 Administration or the State of Kentucky. Letterkenny Army Depot, Mis- Natl. Guard, Bremerton Readi- Section 133. Directs the Secretary of De- sile Igloo Modifications ...... 0.112 ness Center ...... 4.341 fense to prioritize military housing projects Rhode Island: Natl. Guard, Yakima Readiness in San Diego over military housing projects Air Natl. Guard, Quonset State Center ...... 1.6 in cities in other communities where there Airport, Main. Hangar & Ft. Lawton, Site Improvements 3.4 are bases. Shops ...... 8.9 Ft. Lewis Vancouver Barracks Section 134. $170 million is provided for the South Carolina: Historic Facilities ...... 1.5 purposes of dredging and foundation repairs Charleston AFB, Base Mobility West Virginia: for the Woodrow Wilson Memorial Bridge in Warehouse ...... 9.449 Air Natl. Guard, Yeager ANGB, Virginia. Charleston AFB, Runway Re- Upgrade parking Apron ...... 6 Section 135. Provides $0.5 million in funds pair ...... 10.289 USNR, Eleanor Res. Center ...... 2.5 for the Secretary of the Navy to improve and Shaw AFB, Dining Facil ...... 5.252 Wyoming: repair Marine Corps Officer Quarters Number Beaufort USMCAS, Readiness Air Natl. Guard, Cheyenne 6 belonging to the Commandant of the Ma- Center ...... 4.87 Int’l. Airport, Control Tower 1.45 rine Corps, at the 8th and I Barracks, in Leesburg Training Center, In- Puerto Rico: Washington, D.C. This is odd especially since frastructure Upgrades ...... 5.682 Ft. Buchanan, Child Dev...... 3.7 USN, Ft. Jackson Naval Re- WorldWide Unspecified: elsewhere in this bill there is restrictive lan- serve Armory ...... 5.2 USA Unspecified Minor Con- guage that prohibits more than $25,000 per South Dakota: struction ...... 5.7 unit may be spent annually for maintenance Ellsworth AFB, Base Civil Eng. USA Planning & Design ...... 17.6 and repair of ANY general or flag officer Complex ...... 10.29 USA Classified Project ...... 0.5 quarters. Natl. Guard, Sioux Falls, Con- USN Planning & Design ...... 10 Section 136. Authorizes the Secretary of solidated Barracks/Edu. Facil 4.955 USN Unspecified Minor Con- the Air Force to conduct a logistics, mainte- Tennessee: struction ...... 4 nance, and military construction demonstra- Natl. Guard, Henderson Readi- USAF Unspecified Minor Con- tion project at Brooks Air Force Base, ness Center ...... 5.165 struction ...... 1.5 Texas.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6241 Section 137. Directs the Secretary of De- Section 207. Provides $1 million from the purpose of carrying out education projects fense to provide not less than $1 million for Department of Energy Science programs to relating to the North Pacific marine eco- the design of an elementary school for the the Burbank Hospital Regional Center in system with particular emphasis on marine Central Kitsap School District in Bangor, Fitchburg, Massachusetts. mammal, sea bird, fish, and shellfish popu- Washington. Putting this funding require- Section 208. Provides $1 million from the lations in the Bering Sea and Gulf of Alaska ment in the emergency supplemental bill is Department of Energy Science programs to including populations located in or near an end run around the normal authorization the Center for Research on Aging at Rush- Kenai Fjords National Park and the Alaska and appropriations process. Now that design Presbyterian-St Luke’s Medical Center in Maritime National Wildlife Refuge. This $5 work is obligated, then next year funding Chicago, Illinois. million in funding is designated as emer- will become available for the construction of Section 209. Provides $1 million from the gency funding and therefore is not subject to the school through the military construction Department of Energy Science programs to the budget caps. authorization and appropriation bills. Both the North Shore-Long Island Jewish Health Section 2303. Provides emergency status Committees turned down this project be- System in Long Island, New York. funding for United States fish processors cause the Department of Defense had not put Section 210. Provides $1 million from the which have been negatively affected by re- any design money funding in their budget. Department of Energy Supply programs to strictions on fishing for Dungeness crab in the Materials Science Center in Tempe, Glacier Bay National Park and which pre- Chapter 1—Operation and Maintenance, De- viously received interim compensation and fense-Wide Arizona. Section 211. Prohibits the use of federal specifically ‘‘Buy-N-Pack Seafoods Inc., a Provides $40 million in emergency funding funds appropriated to the Nuclear Regu- United States fish processor in Hoonah, to Vieques, Puerto Rico for the study of latory Commission for fiscal year 2000 and Alaska which has been most severely im- health or Vieques residents, airport fire- 2001 to relocate or prepare for the relocation pacted by these fishing restrictions. fighting equipment, pier improvements at a of personnel or functions from the Chat- GENERAL PROVISIONS commercial ferry pier and terminal, con- tanooga Tennessee Technical Training Cen- Language stating that notwithstanding struction of an artificial reef and reef con- ter. any other provision of law, no funds provided servation, special payments for Vieques com- Chapter 3—Military Construction in this or any other Act may be used to fur- mercial fisherman for lost days of fishing be- ther reallocate the Central Arizona Project cause Navy training, roadways and bridge Section 303. Provides $35 million from the water or to prepare an Environmental As- improvements in Puerto Rico, adult training Department of Defense Military Construc- sessment, Environmental Impact Statement, and reeducation programs, natural resources tion Navy account for the purchase of land or Record of Decision providing for the re- preservation, protection and conservation, at Blount Island, Florida. allocation of the Central Arizona Project and economic development programs. Chapter 4—Department of Transportation, water until further act of Congress author- Research, Development, Test and Evaluation, Coast Guard izing and directing the Secretary of the Inte- Army Provides $468 million for the purchase of rior to make allocations and enter into con- Provides $5.7 million for the purchase of 6C–130J Hercules aircraft for the Coast Guard tracts for delivery of the Central Arizona Tactical High Energy Laser (THEL) for the and the funding of these aircraft as an emer- Project water. Army. gency requirement and therefore is not sub- Language stating that notwithstanding Section 103. Provides $90 million for the ject to the budget caps. any other provision of law, the Indian Health purchase of F–15 Eagles for the Air Force. Service is authorized to improve municipal, Chapter 2—National Oceanic and Atmospheric private or tribal lands with respect to the Section 104. Provides $163.7 million for the Administration purchase of Abrams tank M1A2 SEP Up- new construction of the clinic for the com- grades for the Army. Provides $30.7 million for compensation of munity of King Cove, Alaska. Section 111. Provides $27 million for the fisherman for losses and equipment damage Language which provides for compensation purchase of engines for the CH–46 and $25.8 resulting from Hurricane Floyd and other re- to Dungeness fishing vessel crew members, million for the purchase of EP–3 sensor im- cent hurricanes and fishery disasters in the fish processors which have been negatively provement modifications for the Navy. Pro- Long Island Sound lobster fishery and west affected by restriction on fishing and Dunge- vides $212.7 million for the purchase of U–2 coast groundfish fishery, and for the repair ness Crab in Glacier Bay National Park; and, reconnaissance aircraft sensor improvements of the National Oceanic and Atmospheric Ad- the Buy N Pack Seafoods in Hoonah, Alaska and flight simulators for the Air Force. Pro- ministration hurricane reconnaissance air- which have been negatively affected by re- vides $5 million for the development of craft and designated as an emergency restrictions on fishing in Glacier Bay National WARSIMS for the Army. quirement and therefore is not subject to the Park. Section 112. Provides $7 million total for budget caps. INDEPENDENT AGENCIES biometrics information assurance programs United States Commission on International $2,374,900 in addition to amounts made for the Army, probably at Walter Reed Hos- Religious Freedom available for the following in prior Acts, pital in Maryland. Provides $2 million for the United States shall be and have been made available to Section 113. Provides $125 million for the Commission on International Religious Free- award grants for work on the Buffalo Creek purchase of Patriot missile equipment for dom and designates this funding as emer- and other New York watersheds and for aqui- the Army. gency funding. fer protection work in and around Cortland Section 114. Provides $300 thousand for County, New York, including work on the GENERAL PROVISIONS Walking Shield for the technical assistance Upper Susquehanna watershed. and transportation of excess housing to In- Section 2201. Provides $10 million for the $2,600,000 shall be transferred to the ‘‘State dian Tribes in the States of North Dakota, Pribilof Island and East Aleutian area of the and Tribal assistance grants’’ account to re- South Dakota, Montana and Minnesota. Bering Sea for emergency expenses for fish- main available until expended for grants for Section 116. Provides for the transfer of eries disaster relief and $7 million for other wastewater and sewer infrastructure im- $9.7 million from Department of Defense disaster assistance, $3 million for Bering Sea provements for Smithfield Township, Mon- readiness funding to the Environmental Pro- ecosystem research, and $1 million for the roe County ($800,000); the Municipal Author- tection Agency Macalloy Special Account State of Alaska to develop a cooperative re- ity of the Borough of Milford, Pike County for environmental response funding in search plan to restore the crab fishery in ($800,000); the city of Carbonadale, Lacka- Charleston, South Carolina. Alaska and to designate this funding as wanna County ($200,000); Throop Borough, Section 117. Provides $8 million to the De- emergency funding and therefore the funding Lackawanna County ($200,000); and Dickson partment of Defense for communications, is not subject to the budget caps. City, Lackawanna County ($600,000), Penn- communications infrastructure, logistical Section 2202. Provides $10 million for sylvania. support, resources, and operational assist- Northeast multi species fishery to support a Language which redirects funding appro- ance required by the Salt Lake Utah Orga- voluntary fishing capacity program and des- priated in title III of the Department of Vet- nizing Committee to stage the 2002 Olympic ignates this funding as emergency and there- erans Affairs and Housing and Urban Devel- and Paralympic Winter Games. fore not subject to the budget caps. opment, and Independent Agencies Appro- Section 119. Provides for the sale of Navy Section 2203. Provides $2 million for stud- priations Act, 2000, by striking ‘‘in the town Drydock No. 9 (AFDM–3) located in Mobile, ies relating to the long-line interactions of Waynesville’’ in reference to water and Alabama, to the private shipbuilder Bender with sea turtles in the North Pacific and $5 wastewater infrastructure improvements as Shipbuilding and Repair Company, Inc. with- million for the commercial fishing industry identified in project number 102, and by in- out competitive bidding by other contrac- in the Northwest Hawaiian Islands for the serting ‘‘Haywood County’’; Fourpole Pump- tors. Hawaiian Long-line fishery and to designate ing Station’’ in reference to water and Section 205. Provides $5 million from the this funding as emergency and therefore is wastewater infrastructure improvements as Department of Energy Weapons Activities not subject to the budget caps. identified in project number 135; and by programs to move the Atlas pulsed power ex- Section 2204. Provides $5 million in funding striking the words ‘‘at the West County perimental facility to the Nevada Test Site. for and directs the Secretary of Commerce to Wastewater Treatment Plant.’’ Section 206. Provides $2.5 million from the establish a North Pacific Marine Research DEPARTMENT OF HEALTH AND HUMAN SERVICES Department of Energy Science programs to Institute at the Alaska SeaLife Center by Earmarking $20,000,000 for Health Re- the Natural Energy Laboratory in Hawaii. the North Pacific Research Board for the sources and Services for special projects of

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6242 CONGRESSIONAL RECORD — SENATE June 30, 2000 regional and national significance under sec- The conference report was agreed to. know that there comes a moment in tion 501(a)(2) of the Social Security Act, Mr. LOTT. Mr. President, I move to time when leaders have to step in and which shall become available on October 1, reconsider the vote. act. Our two leaders did that at the 2000, and shall remain available until Sep- Mr. GRAMM. I move to lay that mo- tember 30, 2001. critical moment. It is through their tion on the table. leadership that we have reached an un- ADMINISTRATION ON AGING The motion to lay on the table was derstanding in this matter. I thank Earmarking $3,000,000 as an additional agreed to. both leaders. I congratulate them on amount for Health Resources and Services, Mr. LOTT. Mr. President, I use my to remain available until September 30, 2001, having done a great service. I say this: for renovation and construction of a chil- leader time to make some announce- Every Senator is in their debt. dren’s psychiatric services facility in Wading ments about the schedule. I also thank my colleague and friend, River, New York. I, too, commend Senator BURNS from Senator STEVENS, for the leadership he Earmarking $2,200,000 for the Anchorage, Montana, the chairman of the Appro- has shown in these appropriations mat- Alaska Senior Center, and shall remain priations Military Construction Sub- ters. available until expended. committee, and his ranking member, I hope that both of our leaders, in DEPARTMENT OF EDUCATION Senator MURRAY of Washington State, particular, and all of our colleagues Amended by inserting after the words for their work on this legislation. It is will have a very safe and enjoyable ‘‘Salt Lake City Organizing Committee’’ the important. It has a lot of projects that words ‘‘or a governmental agency or not-for- Fourth of July. profit organization designated by the Salt are very important for our defense and Mr. LOTT. Thank you, Senator BYRD, Lake City Organizing Committee.’’ the underlying military construction for your comments and for your inspi- Earmarking $19,000,000 provided to become appropriations bill. I also extended to ration and for talking about the his- available on July 1, 2000, for Youth Offender them my sympathy and appreciation tory of this great country and this spe- Grants, of which $5,000,000 shall be used in for the fact that their bill had to carry cial celebration of the Fourth of July, accordance with section 601 of Public Law a title II which brought a lot of emer- 2000, with family and friends. It is a 102–73 as that section was in effect prior to the enactment of Public Law 105–220. gency legislation, but it needed to be special time for our country and in our Earmarking $750,000 to remain available done. Their bill became the catalyst to lives. I look forward to it. until expended, which shall be awarded to move this emergency legislation Senator BYRD, I will have the pres- the College of New Jersey, in Ewing, New through. It was not easy for them to ence of my very fine grandson that you Jersey, for creation of a center for inquiry have to deal with all the conflicting spoke so beautifully about just 2 years and design-based learning in mathematics, problems not in their jurisdiction. I ago on his birth date. I look forward to science and technology education. Inserting ‘‘Town of Babylon Youth Bureau thank them for what they did on this that moment. for an educational program.’’ legislation. Mr. BYRD. Will the Senator yield? By striking ‘‘$500,000 shall be awarded to I thank Senator GRAMM, Senator Mr. LOTT. I am happy to yield to the Shedd Aquarium/Brookfield Zoo for science MCCAIN, Senator STEVENS, and Senator Senator. education/exposure programs for local ele- BYRD for their usual brilliance and in- Mr. BYRD. Please tell your hand- mentary schools students’’ and inserting novation. What looked like 6 hours of some grandson, who has been blessed ‘‘$500,000 shall be awarded to Shedd Aquar- readings, multiple votes on points of with a multitude of talents, I am sure, ium/Brookfield Zoo for science education that this year is not the beginning of programs for local school students. order, and a contested final passage By striking ‘‘Oakland Unified School Dis- sometime tonight, Saturday, or Sun- the 21st century. Tell him it is not the trict in California for an African American day, was resolved in a matter of min- beginning of the third millennium. Literacy and Culture Project’’ and inserting utes. It is a miracle. This is the last year of the 20th cen- ‘‘California State University, Hayward, for I know there will be objections to tury. Regardless of what the media say an African-American Literacy and Culture various parts and a lot of speeches will and many politicians say, this is the Project carried out in partnership with the be made. That is great. There will be last year of the 20th century and the Oakland Unified School District in Cali- fornia. time for that later. I appreciate the last year of the second millennium. By striking ‘‘$900,000 for the Boston Music help of Senator DASCHLE and all in- Let him know that, so that he will be Education Collaborative comprehensive volved. We needed this bill. We needed raised in truth and will always seek interdisciplinary music program and teacher this emergency legislation. truth. resource center in Boston, Massachusetts’’ Senator STEVENS did the right thing. Mr. LOTT. Thank you, again. and inserting an earmark for ‘‘$462,000 to the I thank him. I wanted to express my Senator BYRD, I want to note, when Boston Symphony Orchestra for the teacher appreciation to all. you enter my young grandson’s room, resource center and $370,000 shall be awarded Mr. DASCHLE. Will the Senator on the wall to the left, in a beautifully to the Boston Music Education Collaborative framed device is the fantastic speech for an interdisciplinary music program, in yield? Boston, Massachusetts. Mr. LOTT. I am happy to yield to the that you gave on the floor. It will al- Earmarking $368,000 to be derived by trans- Senator. ways be there. What you had to say fer from the amount made available for fis- Mr. DASCHLE. I also express my was so beautiful to say about our cal year 2000 for Health Resources and Serv- congratulations to Senator STEVENS grandchildren, and about his birth, and ices Administration—Health Resources and and Senator BYRD for their masterful quotes from the Bible, quotes from his- Services for construction and renovation of effort in getting the Senate to this tory. health care and other facilities: Provided point, and for the managers of the bill Anybody who thinks there is not a that such amount shall be awarded to the George Mason University Center for Services itself. As Senator LOTT has indicated, bipartisan spirit around here needs to to Families and Schools to expand a program this was not an easy task. All the way know that there is no quote from the for schools and families of children suffering to the very last moment it looked as if Republican majority leader in my from attentional, cognitive, and behavioral this could have been derailed. It grandson’s room. The only speech in disorders. wasn’t, in part because of leadership his room is the speech from that great GENERAL PROVISIONS and in part because of cooperation. Democrat of West Virginia, ROBERT Earmarking $3,500,000 for the Saint John’s I think we have done a good thing BYRD. Lutheran Hospital in Libby, Montana for today, an important thing. It is impor- Mr. REID. Will the Senator yield? construction and renovation of health care tant we finish this work prior to the Mr. LOTT. I yield to Senator REID. and other facilities and an additional time we leave. This bill will now go to Mr. REID. Having listened and amount for the Economic Development Ad- the President, as it should. I know he watched what went on and having ministration. served in government most of my adult Earmarking $8,000,000 only for a grant to will sign it. I think we are ending the the City of Libby, Montana, such amount to way we should have ended, on a high life, it is not often we see such leader- be transferred to the City upon its request note with a good deal accomplished. ship in action close up. We have seen it notwithstanding the provisions of any other I thank the Senator. here today. This is remarkable. law and without any local matching share of Mr. BYRD. Will the Senator yield? I want to publicly express my appre- award conditions. Mr. LOTT. I am happy to yield to the ciation for the work done by our lead- The PRESIDING OFFICER. The Senator. er. The burdens he bears I see close up. question is on agreeing to the con- Mr. BYRD. Mr. President, having I see your burdens, Mr. Majority Lead- ference report. been the Senate Democratic leader, I er, but not as up close and personal as

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6243 I see Senator DASCHLE’s. What he does Mr. LOTT. I don’t believe it is nec- For example, it dropped the forestry for us, the minority, is extraordinary, essary, but I amend my request to that proposal and made other parts of the as evidenced by the very quick, instan- effect. rule more workable. taneous decisions he made in conjunc- Mr. WARNER. I wish to advise you, As I understand it, the rule has gone tion with you today. You are both to be Mr. Leader, working with your staff on to OMB for review, and should be pub- applauded. This is democracy in action. this side, working with the Judiciary lished, in final form, soon. It is what is good about government. Committee, that is the only remaining But then we get this conference re- I also extend accolades to the two of item, together with Senator ROTH and port. Out of the blue, it provides that you. I have no military service in my Senator BYRD, who are working on a none of the funds appropriated to EPA background, but with the love and ap- matter which if we can resolve those for 2000 and 2001 can be used to imple- preciation and dedication that Sen- two, I believe I can indicate to my dis- ment the new rule. ators STEVENS and INOUYE have for the tinguished leaders that we could get I have two major problems with this military, and Senator WARNER and oth- the unanimous consent. provision. The first problem is the ers who work for the defense of this Mr. LOTT. Thank you very much. I process by which the provision has country, they see it from a little dif- yield the floor. been included in the conference report. ferent perspective than a lot of us be- The PRESIDING OFFICER. Without The process is, in a word, outrageous. cause they have seen military action. I objection, it is so ordered. Clearly, there are differences of opin- think they deserve a great deal of cred- The Senator from Montana ion about the TMDL rule. But there are several opportunities for those dif- it. f Senator INOUYE has been ill and has ferences to be debated. not been here this week, but his spirit MILCON CONFERENCE REPORT: The Environment and Public Works has been here. He was awarded the Con- CLEAN WATER ACT PROVISION Committee is considering a bill, intro- gressional Medal of Honor. He and Sen- Mr. BAUCUS. Mr. President, I rise to duced by Subcommittee Chairman ator STEVENS have guided the military express my strong opposition to a pro- CRAPO and Committee Chairman of this country for the last decade as vision, which has been included in the SMITH, that would, among other things, no one in the history of this country, military construction conference re- delay the final rule. The House HUD/ in my opinion. I express appreciation port, that prevents EPA from using VA/Independent Agencies Appropria- for everyone on our side of the aisle for any funds to implement a new rule to tions bill contains a provision that also what these two men do for the mili- clean up our nation’s streams, rivers, would delay the rule. Of course, there is the regulatory retary. Senator STEVENS and Senator and lakes. view process we enacted in 1996, that INOUYE have personally felt the need Let me explain why this rule is im- allows Congress to disapprove a final for this military construction bill, and portant. rule. every word they speak indicates that. Since 1972, when the Clean Water Act In each case, we would have a debate. Mr. LOTT. Mr. President, I thank became law, we’ve made a lot of The merits would be discussed. Sen- Senator REID, for his comments. progress in cleaning up our water, espe- ators could explain why they believe f cially with respect to so-called ‘‘point that the rule should be delayed; others sources’’ like sewage treatment plants ORDER OF BUSINESS could respond. Then we would have a and industrial plants; the pipe that Mr. LOTT. I want the Senate to be on vote, and the public could judge our ac- come out of plants and go into lakes notice when we return on Monday, July tions. 10, since there was objection to, at and streams. That’s not what’s going on here. In- least at this time, taking up the But we still are far from reaching our stead, opponents of the rule have Thompson bill freestanding, we will go goal of fishable, swimmable waters. slipped the provision into an unrelated to the Interior appropriations bill. That is the standard in the act. conference report that cannot be That’s where the new rule comes in. There will be a vote or votes on that amended—no debate, no sunshine, no It relates to something called ‘‘total Monday sometime between 5 and 6, pre- public knowledge of what is going on. maximum daily loads,’’ or TMDLS. It sumably around 5:30. And they have done it on a bill that Later today, we hope to still be able is a long, technical-sounding label. But provides emergency funding for many to propound some unanimous consent it’s a pretty simple concept. A TMDL urgent national needs, so that the requests. We are still working to see if is really a pollution budget for a water- President is under strong pressure to we can get the Department of Defense shed. It’s like the Clean Water Act sign the bill. authorization bill worked out with an version of a State implementation plan Frankly, I wonder why they have agreement, and conclude that, and Sen- under the Clean Air Act. taken this approach. Why not debate, The TMDL program was actually en- ator DASCHLE and I are continuing to in clear public view? What are they work to see if we can get an agreement acted as part of the original Clean afraid of? on how to take up the estate tax issue. Water Act, way back in 1972. For a long Another thing, by using conference We may still have some more business time, it was dormant. But, in recent reports this way, we further weaken yet this afternoon. Of course, we are years, environmental groups have law- the bonds that bind this institution to- going to also wrap up with some con- suits requiring EPA and states to im- gether, and reduce public confidence in firmations from the Executive Cal- plement the program. In virtually our deliberative process. This is no way endar; specifically, judges that are every single case, they have won. to run a railroad. pending before we conclude our busi- In light of this, EPA decided to revise The second problem with the provi- ness today. its rules for the TMDL program, to sion is substantive. Despite significant bring them up to date. To begin with, f progress since 1972, too many of our it convened a group of stakeholders, rivers, streams, and lakes do not meet MORNING BUSINESS who worked for two years to make rec- water quality standards. Mr. LOTT. I ask unanimous consent ommendations. Then, last August, EPA EPA’s proposed rule makes some im- the Senate now proceed to a period of proposed new rules. portant improvements. At the heart of morning business, with Senators per- Make no mistake about it. These it, the rule clarifies the operation of mitted to speak up to 10 minutes each. rules have been controversial. the TMDL program and requires imple- Mr. WARNER. Reserving the right to Like many others, I have been par- mentation plans, so that the program object, could that include, Mr. Leader, ticularly concerned about the proposal becomes more than a paperwork exer- the ability of the Armed Services Com- to require many forestry operations to cise. At the same time, the rule gives mittee to bring up a package of cleared get Clean Water Act permits. I thought States more time to complete their amendments? EPA was taking a long, winding road lists, allocations, and plans—a lot more Mr. LOTT. I believe it would. that didn’t end up in the right place. time. Mr. WARNER. Could I have that ex- But EPA has been listening. In re- That is a pretty good tradeoff. ception written into the distinguished sponse to Congressional hearings and By blocking the rule, we will simply leader’s unanimous consent? public comments, it has made changes. delay the tough decisions about how to

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6244 CONGRESSIONAL RECORD — SENATE June 30, 2000 make the program work. We will per- production and increased demand has and reliable to deliver, more environ- petuate the current outdated, frag- led to imports making up a larger mentally friendly than oil, and over mented, litigious system. share of total oil consumed in the three times as energy-efficient as elec- Most important of all, we will delay, United States. In 1992, crude oil im- tricity from the point of origin to point once again, the day when our nation fi- ports accounted for approximately 45 of use. nally has clean streams, rivers, and percent of our domestic demand. Last Let me state those facts again: Nat- lakes, from sea to shining sea. year crude oil imports accounted for 58 ural gas is plentiful, efficient, environ- I regret that this provision has been percent. The Energy Information Ad- mentally friendly, and it is a domestic included in the conference report and I ministration’s Short-Term Outlook fuel source. will work to reverse the decision at the forecasts that oil imports will exceed Natural gas offers itself as a good earliest opportunity. 60 percent of total demand this year. choice for the fuel of the future. It of- I yield the floor and suggest the ab- EIA’s long-term forecasts have oil im- fers us many advantages that other sence of a quorum. ports constituting 66 percent of U.S. fuels do not. About 85 percent of the The PRESIDING OFFICER. The supply by 2010, and more than 71 per- natural gas consumed in America each clerk will call the roll. cent by 2020. year is produced domestically. The bal- The legislative clerk proceeded to Continued reliance on such large ance is imported almost entirely from call the roll. quantities of imported oil will frus- Canada. We have a large domestic nat- Mr. AKAKA. Mr. President, I ask trate our efforts to develop a national ural gas resource base and advances in unanimous consent that the order for energy policy and set the stage for en- exploration and production tech- the quorum call be rescinded. ergy emergencies in the future. nologies are allowing increased produc- The PRESIDING OFFICER. Without For months now, we have watched tion. We also have potentially vast re- objection, it is so ordered. the price of gasoline and fuel oil rise at sources in the form of methane hy- Mr. AKAKA. Mr. President, I ask breakneck speed. All across America, drates. This resource base is yet to be unanimous consent for 15 minutes in families have suffered ever-escalating explored. morning business. prices. Natural gas is the cleanest fossil fuel. The PRESIDING OFFICER. Without We have not had a coherent and com- Wider use of natural gas will be more objection, it is so ordered. prehensive energy policy for a long benign to the environment compared to f time. Additionally, we have not had a some other fuel sources. Natural gas commitment to address our dependence would emit reduced levels of green- A NATIONAL ENERGY POLICY on foreign sources of oil. Absence of an house gas emissions, and would not Mr. AKAKA. Mr. President, for most effective policy and a visible commit- contribute to acid rain, smog, solid of the 1990s, the average gasoline prices ment to addressing our energy depend- waste, or water pollution. in Honolulu hovered at roughly 25 ence have made us hostage to OPEC’s We must invest in technologies that cents to 50 cents above the national av- production decision. It has also encour- help facilitate wider application of nat- erage. In June 1999, only 1 year ago, aged Mexico, our NAFTA partner, to ural gas. New technologies such as Hawaii’s price of $1.51 per gallon join OPEC in limiting oil supplies. micro turbines, fuel cells, and other on- ranked above Oregon’s at $1.44 and the We all understand that there is no site power systems are environ- national average of $1.14. overnight solution to America’s energy mentally attractive. Wider use of these As late as last month, according to problems. We can’t turn this trend technologies in the private and public the Automobile Association of Amer- around overnight. Tax repeals and sectors must be facilitated. All Federal ica, Hawaii topped the Nation with an other such short-term actions may ap- research and development programs average per gallon price of $1.85, com- pear appealing, given the political cli- should be reevaluated to provide them pared to the next highest state, Ne- mate, and may even provide limited re- with a clear direction. We must boost vada, at $1.67 and a U.S. average of lief in the short run, but they do not support for those programs that help $1.51. provide a solution to our energy prob- replace imported oil. This month, according to AAA, Ha- lem. They do not provide a sound basis Transportation demands on imported waii ranked fourth highest with an av- for a national energy policy. Their un- oil remain as strong as ever. Since the erage price for regular unleaded of $1.86 intended consequences may be other oil shock of the 1970s, all major energy per gallon. That fell below Illinois with problems such as deficits in highway consuming sectors of our economy with an average of $1.98, Michigan at $1.96, and transit funds. the exception of transportation have and Wisconsin at $1.91. Still, Hawaii’s The only way to reverse our energy significantly reduced their dependence price was well above the U.S. average problem is to have a multifaceted en- on oil. The transportation sector re- of $1.63. ergy strategy and remain committed to mains almost totally dependent on oil- It is no pleasure to say that Hawaii that strategy. In my judgment, you based motor fuels. The fuel efficiency has lost this dubious distinction as the need both of these in equal portions. of our vehicles needs to be improved. State with the Nation’s highest gaso- This will send a clear message to OPEC At the same time, we must make a line prices. The pocketbooks of Ameri- and their partners about America’s re- concerted effort to encourage develop- cans are hurting all over the country. solve. ment and use of alternative vehicle There has been no shortage of The way to improve our energy out- fuels. Natural gas vehicles should be blame—short supplies, pipeline prob- look is to adopt energy conservation, made an integral part of our transpor- lems, cleaner gasoline requirements, encourage energy efficiency, and sup- tation sector. too much driving and gas guzzlers, oil port renewable energy programs. Above If coal was the energy source of the company manipulations, even an eso- all, we must develop energy resources nineteenth century, and oil was the en- teric patent dispute, to name a few. So that diversify our energy mix and ergy source of the twentieth century, far, the initial examination of the strengthen our energy security. Nat- then I submit natural gas can and causes of the dramatic increase of ural gas appears to be the most attrac- should be America’s source of energy prices in some areas of the Midwest has tive fuel to form the cornerstone of our for the twenty-first century. provided no clear picture. The Clinton energy policy. It is the right fuel to Americans are demanding an energy administration has asked the Federal bridge the energy and environmental system that will guarantee adequate Trade Commission to investigate if issues facing us. energy for future needs, protect the en- there were any illegal price manipula- If we are to have a comprehensive environment, and protect consumers tions in the Midwest leading to such ergy policy that strengthens our econ- from exploitation. dramatic price increases. omy and serves the real needs of Amer- We are facing numerous problems re- This problem of dependence on im- icans, then we need to dismantle our lated to energy such as runaway prices, ported oil has been in the making for dependence on foreign oil as soon as shortages, increases in pollution, self- many years. Our import dependence possible. And the way to do this is to sufficiency, and the effect of energy on has been rising for the past 2 decades. begin using more natural gas—a do- our economy. While not a panacea, it is The combination of lower domestic mestically abundant fuel—that is safe clear to this Senator that increased use

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6245 of natural gas must be the center of war. Immediately after Lee made his pro- ‘‘With me it will all be over in a minute. But America’s energy strategy. posal, a majority of the Congress stood you, you’ll be dancing on air an hour after The American people deserve better against it. It took 4 days of the passion and I’m gone.’’ These men knew what they than the status quo. Natural gas is brilliance of the Adamses of Massachusetts risked. The penalty for treason was death by and other patriots such as Virginian Thomas hanging. America’s energy solution. Jefferson to secure a bare majority of one— William Ellery, of Rhode Island, was curi- f and then, on a South Carolina resolution, ous to see the signers’ faces as they com- the matter was postponed until the 1st of mitted this supreme act of courage. He REMEMBERING THE SACRIFICES July. inched his way close to the secretary who MADE FOR FREEDOM Many men hoped it had been postponed for- held the parchment and watched intently. He ever. But John Adams shrewdly gave Thom- Mr. THURMOND. Mr. President, too saw some men sign quickly, to get it done as Jefferson—unquestionably the best writer with, and others dramatically draw the mo- often we take our independence for in Congress, and perhaps the man with the ment out. But in no face, as he said, was he granted, forgetting that countless indi- fewest political enemies—the task of draft- able to discern real fear. Stephen Hopkins, viduals paid high prices for the privi- ing a declaration of independence, and, Ellery’s colleague from Rhode Island, was a lege of living in a free Nation. Many meanwhile with his fellow Massachusetts man past 60 and signed with a shaking hand. lost their lives and their families, not man, John Hancock, set to work. What hap- But he snapped, ‘‘My hand trembles, but my to mention their way of life. Recently pened between then and the evening of July heart does not.’’ 4, 1776, when a vote for adoption of one of the I received some information from These men were all human, and therefore world’s great documents was carried unani- fallible. The regionalism, backbiting, wor- Major George Fisher, Georgia National mously, has filled many books. Some of the ries, nepotism, and controversies among this Guard, regarding the men who signed story—the quarrels, compromises, controver- Congress have all had their chroniclers. Per- the Declaration of Independence. Upon sies, and backroom conferences—as Adams haps, as Charles Thomson once admitted, the having the Congressional Research admitted, would never be told. new nation was ‘‘wholly indebted to the Service obtain the entire article, I was What happened was that in the course of agency at Providence for its successful informed that it had previously been human events the hour had grown later than issue.’’ But whether America was made by many of the gentlemen sitting in Philadel- Providence or men, these 56, each in his own entered in the RECORD by Congressman phia had realized. State after State in- William L. Springer, Illinois, in July of way, represented the genius of the American structed delegates to stand for independence, people, already making something new upon 1965. The original article was written even though some States held back to the this continent. by T. R. Fehrenbach, an American his- last, and finally four delegates resigned rath- Whatever else they did, they formalized torian. er than approve such a move. what had been a brush-popping revolt and In light of the upcoming anniversary After 4 world-shaking days in July, Thom- gave it life and meaning, and created a new as Jefferson’s shining document was adopted of the signing of the Declaration of nation, through one supreme act of courage. without a dissenting vote, and on July 4 Everyone knows what came of the Nation Independence, I believe that this arti- John Hancock signed it as President of Con- they set in motion that day. Ironically, not cle is worthy of printing again as a re- gress, Charles Thomson, Secretary, attest- many Americans know what became of these minder of the sacrifices made for our ing. Four days later, July 8, ‘‘freedom was men, or even who they were. freedom. proclaimed throughout the land.’’ Some prospered. Thomas Jefferson and The Declaration of Independence was or- I ask unanimous consent to have John Adams went on to become Presidents. dered engrossed on parchment, and August 2, printed in the RECORD, ‘‘What Hap- Samuel Adams, John Hancock, Josiah Bart- 1776, was set for its formal signing by the 56 lett, Oliver Wolcott, Edward Rutledge, Ben- pened to the Men Who Signed the Dec- Members of Congress. The actual signing of jamin Harrison and Elbridge Gerry lived to laration of Independence.’’ such a document, under British or any other become State Governors. Gerry died in office There being no objection, the mate- law of the time, was a formal act of treason rial was ordered to be printed in the against the Crown. But every Member even- as Monroe’s Vice President. Charles Carroll, tually—some were absent on August 2— of Carrollton, Md., who was the richest man RECORD, as follows: in Congress in 1776, and who risked the most, [From the Congressional Research Service] signed. What sort of men were these, who pledged founded the Baltimore & Ohio Railroad in WHAT HAPPENED TO THE MEN WHO SIGNED THE their ‘‘lives, fortunes, and sacred honor,’’ 1828. Most Americans have heard these DECLARATION OF INDEPENDENCE? with a British fleet already at anchor in New names. (By T. R. Fehrenbach) York Harbor? Other signers were not so fortunate. For rebels, they were a strange breed. Al- The British even before the list was pub- On the 7th of June 1776, a slender, keen- lished, marked down all Members of Con- eyed Virginia aristocrat named Richard most all of them had a great deal of all three things they pledged. Ben Franklin was the gress suspected of having put their names to Henry Lee rose to place a resolution before only really old man among them; 18 were treason. They all became the objects of vi- the Second Continental Congress of the still under 40, and three still in their cious manhunts. Some were taken; some, United Colonies of North America, meeting twenties. Twenty-four were jurists or law- like Jefferson, had narrow escapes. All of in State House off Chestnut Street, in Phila- yers. Eleven were merchants, and nine were those who had families or property in areas delphia. Lee had his instructions from the landowners or rich farmers. The rest were where British power flowed during the war Virginia Assembly, and he would fulfill doctors, ministers, or politicians. With only which followed, suffered. them, but this was one of the hardest days of a very few exceptions, like Samuel Adams of None actually was hanged. There were too his life. The 13 British Colonies of America Massachusetts, whom well-wishers furnished many Britons, like William Pitt, the old were already far gone in rebellion against a new suit so he might be presentable in Con- Earl of Chatham, who even during a vicious what they considered the tyranny of the gress, they were men of substantial property. and brutal war would not have stood for English Parliament. The shots heard round All but two had families, and the vast major- that. But in 1776, the war had almost 8 gruel- the world had been fired at Lexington and ity were men of education and standing. In ing years to run, and the signers suffered. Concord; blood had flowed at Breed’s Hill in general, each came from what would now be Their fortunes were caught up in the for- Boston. called the ‘‘power structure’’ of his home tunes of war. Lee still believed there was time to com- State. They had security as few men had it The four delegates from New York State promise with the British Government. But, in the 18th century. were all men of vast property, and they acting on instructions of his State, he stood Each man had far more to lose from revo- signed the Declaration with a British fleet and proposed: ‘‘That these United Colonies lution than he had to gain from it—except standing only miles from their homes. By are, and of right ought to be, free and inde- where principle and honor were concerned. It August 2, 1776, the government of New York pendent States, that they are absolved from was principle, not property, that brought had already evacuated New York City for all allegiance to the British Crown, and that these men to Philadelphia. In no other light White Plains. When they put their names to all political connection between them and can the American Revolution be understood. the Declaration, the four from New York the state of Great Britain is, and ought to John Hancock, who had inherited a great must have known that they were in effect be, totally dissolved.’’ fortune and who already had a price of 500 signing their property away. This was no longer opposition to Par- pounds on his head, signed in enormous let- The British landed three divisions on Long liament. It was revolution against the ters, so ‘‘that His Majesty could now read his Island on August 27. In a bloody battle, Crown. name without glasses, and could now double Washington’s untrained militia was driven American histories sometimes gloss over the reward.’’ There was more than one ref- back to Harlem Heights. British and Hessian the fact that passage of the Declaration of erence to gallows humor that day in August. soldiers now plundered the mansion of signer Independence was by no means assured. Ben Franklin said, ‘‘Indeed we must all Francis Lewis at Whitestone; they set it Many of the men assembled in Philadelphia hang together. Otherwise we shall most as- afire and carried his wife way. Mrs. Lewis were at best reluctant rebels. There were suredly hang separately.’’ was treated with great brutality. Though she many moderates among them, men des- And fat Benjamin Harrison, of Virginia, was exchanged for two British prisoners perately aware of, and fearful of, the fruits of told tiny Elbridge Gerry of Massachusetts, through the efforts of Congress, she died

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6246 CONGRESSIONAL RECORD — SENATE June 30, 2000 from the effects of what had been done to was ruined. Finally the judge was released as The grand scheme to separate New Eng- her. an invalid who could no longer harm the land by General Burgoyne’s march from Can- British troops next occupied the extensive British cause. He went back to Morven. He ada was foiled at Saratoga in 1777; this vic- estate of William Floyd, though his wife and found the estate looted, his furniture and all tory eventually brought the French into the children were able to escape across Long Is- his personal possessions burned, his library, war on the American side. But after des- land Sound to Connecticut. Here they lived the finest private library in America, de- ultory fighting here and there, by 1779 the as refugees for 7 years. Without income, and stroyed. His horses had been stolen, and even British seemed to have the war well in hand. eventually came home to find a devastated the hiding place of the family silver had been Washington had held a small, professional ruin ‘‘despoiled of almost everything but the bullied out of the servants. The house itself Continental Army intact, and with European naked soil.’’ still stood; eventually it was to become the instructors like von Steuben and Lafayette Signer Philip Livingston came from a ba- official residence of New Jersey’s Governors. it was being drilled into a compact, dis- ronial New York family, and Livingston him- Richard Stockton did not live to see the ciplined force. Washington was seemingly self had built up an immensely lucrative im- triumph of the Revolution. He soon died, and too weak, however, openly to challenge the port business. All his business property in his family was forced to live off charity. heavily armed British forces again. The sea- New York City was seized as Washington re- About this same time, the British sent a ports were captured or blockaded, and Amer- treated south to Jersey, and Livingston’s party to the home of New Jersey signer ican shipping driven from the seas. The town house on Duke street and his country Francis Hopkinson at Bordentown, and northern colonies seemed neutralized, and estate on Brooklyn Heights were confiscated. looted it, also. the British turned their main effort south. Livingston’s family was driven out, becom- By December 1776, Washington’s dwindling Like the men from New York, the South ing homeless refugees, while he himself con- band of patriots had been pushed across the Carolina signers were all landed aristocrats. tinued to sell off his remaining property in Delaware, into Pennsylvania. The Revolu- They had, as a body, reflected Carolina’s an effort to maintain the United States cred- tion had entered its first great period of cri- luke-warm attitude toward independence. it. Livingstone died in 1778, still working in sis. One by one, the important people of The Carolinians were all young—average Congress for the cause. Philadelphia were mouthing Loyalist senti- age, 29—and all had studied in England. But The fourth New Yorker, Lewis Morris, of ments, or concocting private ways of making in the end they had joined the majority in Westchester County, saw all his timber, their peace with the Crown. But signer Rob- the interest of solidarity, and after signing crops and livestock taken, and he was barred ert Morris, the merchant prince of Philadel- they had all entered military service. from his home for 7 years. He continued phia, was not among these. Morris, who had While serving as a company commander, fighting as a brigadier general in the New honestly and sincerely opposed the Declara- Thomas Lynch, Jr.’s health broke from pri- York militia. tion of Independence because he felt the vation and exposure. His doctors ordered him As Washington’s men commenced their colonies were unready but who had signed in to seek a cure in Europe, and on the voyage painful retreat across New Jersey, it began the end, was working his heart and his credit he and his young wife were drowned at sea. to seem that the Revolution would fall. Now out for the Revolution. Washington’s troops The other three South Carolina signers, American Tories or Loyalists to the Crown were unprovisioned and unpaid; the United Edward Rutledge, Arthur Middleton, and began to make themselves known, helping Colonies’ credit, such as it was, had col- Thomas Heyward, Jr., were taken by the the advancing British and Hessians to ferret lapsed. British in the siege of Charleston. They were Morris used all his great personal wealth carried as prisoners of war to St. Augustine, out the property and families of the Jersey and prestige to keep the finances of the Rev- Fla., and here they were singled out for in- signers. When John Hart of Trenton risked olution going. More than once he was to be dignities until they were exchanged at the coming to the bedside of his dying wife, he almost solely responsible for keeping Wash- end of the war. Meanwhile, the British roam- was betrayed. ington in the field, and in December 1776, Hessians rode after Hart. He escaped into ing through the southern countryside had Morris raised the arms and provisions which the woods, but the soldiers rampaged over made a point of devastating the vast prop- made it possible for Washington to cross the erties and plantations of the Rutledge and his large farm, tearing down his grist mills, Delaware and surprise the Hessian Colonel Middleton families. wrecking his house, while Mrs. Hart lay on Rall at Trenton. This first victory, and The 2 years beginning in 1779 were the her deathbed. Hart, a man of 65, was hunted Washington’s subsequent success at Prince- ugliest period of the war. There was sharp down across the countryside and slept in ton, were probably all that kept the colonies fighting in the South, which sometimes de- caves and woods, accompanied only by a dog. in business. volved into skirmishes and mutual atrocities At last, emaciated by hardship and worry, Morris was to meet Washington’s appeals between Americans for independence and he was able to sneak home. He found his wife and pleas year after year. In the process, he Americans who still stood with the Crown. long-buried. His 13 children had been taken was to lose 150 ships at sea, and bleed his There had always been strong Loyalist senti- away. A broken man, John Hart died in 1779 own fortune and credit almost dry. ment in the South, as in the Middle Atlantic without ever finding his family. In the summer of 1777 the British, who States; plantations and homes on either side Another New Jersey signer, Abraham were seemingly always near the point of vic- were raided and burned, and women, chil- Clark, a self-made man, gave two officer sons tory and yet were seemingly always dilatory, dren, and even slaves were driven into the to the Revolutionary Army. They were cap- landed troops south of Philadelphia, on woods or swamps to die. tured and sent to the British prison hulk in Chesapeake Bay. These marched north, to The British soon conquered all the thin New York Harbor—the hellship Jersey, where defeat Washington at Brandywine and again coastal strip which was 18th century Geor- 11,000 American captives were to die. The at Germantown. Congress fled to Baltimore, gia. Signer Button Gwinnett was killed in a younger Clarks were treated with especial and Lord Howe took Philadelphia on Sep- duel in 1777, and Col George Walton, fighting brutality because of their father. One was tember 27. On the way, his men despoiled the for Savannah, was severely wounded and cap- put in solitary and given no food. The Brit- home of Pennsylvania signer George Clymer tured when that city fell. The home of the ish authorities offered the elder Clark their in Chester County, Clymer and his family, third Georgia signer, Lyman Hall, was lives if he would recant and come out for however, made good their escape. burned and his rice plantation confiscated in King and Parliament. Over the dry dust of The family of another signer, Dr. Benjamin the name of the Crown. two centuries, Abraham Clark’s anguish can Rush, was also forced to flee to Maryland, One of the North Carolina signers, Joseph only be guessed at as he refused. though Rush himself stayed on as a surgeon Howes, died in Philadelphia while still in When they occupied Princeton, N.J., the with the Army. Rush had several narrow es- Congress, some said from worry and over- British billeted troops in the College of New capes. work. The home of another, William Hooper, Jersey’s Nassau Hall. Signer Dr. John Signer John Morton who had long been a was occupied by the enemy, and his family Witherspoon was president of the college, Tory in his views, lived in a strongly Loy- was driven into hiding. later called Princeton. The soldiers trampled alist area of the State. When Morton had By 1780 the fortunes of war had begun to and burned Witherspoon’s fine college li- come out for independence, it turned his change. Local American militia forces de- brary, much of which had been brought from neighbors, most of his friends, and even his feated the King’s men at King’s Mountain. Scotland. relatives against him, and these people, who Realizing that the war was to be decided in But Witherspoon’s good friend, signer were closest to Morton, ostracized him. He the South, Washington sent Nathanael) Richard Stockton, suffered far worse. Stock- was a sensitive, troubled man, and many ob- Greene dance, as the saying went, with Lt. ton, a State supreme court justice, had servers believed this action killed him. John Gen. Lord Cornwallis, the British com- rushed back to his estate, Morven, near Morton died in 1777. His last words to his tor- mander. Cornwallis did not like the dance at Princeton, in an effort to evacuate his wife mentors were, ‘‘Tell them that they will live all, and slowly retreated northward toward and children. The Stockton family found ref- to see the hour when they shall acknowledge the Chesapeake. At Yorktown, a Virginia vil- uge with friends—but a Tory sympathizer be- it [the signing] to have been the most glo- lage surrounded on three sides by water, trayed them. Judge Stockton was pulled rious service that I ever rendered to my Cornwallis established what he thought was from bed in the night and brutally beaten by country.’’ an impregnable base. No matter what hap- the arresting soldiers. Then he was thrown On the same day Washington retook Tren- pened on land, Cornwallis felt he could al- into a common jail, where he was delib- ton, the British captured Newport, R.I. Here, ways be supplied and rescued, if need be, by erately starved. they wantonly destroyed all of Signer Wil- sea. It never occurred to the British staff A horrified Congress finally arranged for liam Ellery’s property and burned his fine that Britannia might not always rule the Stockton’s parole, but not before his health home to the ground. waves.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6247 Now began the crucial action of the war, sisting of sailing ships, was seized and never Zimbabwe is still, without question, a the time Washington had been waiting for recovered. country in crisis. But the people of with exquisite patience. A powerful French These were the men who were later to be Zimbabwe themselves have taken a de- squadron under Admiral de Grasse arrived at called ‘‘reluctant’’ rebels. Most of them had cisive step toward resolving that crisis. the mouth of the Chesapeake from Haiti and not wanted trouble with the Crown. But gained temporary naval superiority off the when they were caught up in it, they had In the face of violence and intimida- Virginia coast. Under carefully coordinated willingly pledged their lives, their fortunes, tion, a remarkable number of voters plans, Washington and the French General and their sacred honor for the sake of their chose a peaceful and rule-governed ex- Rochambeau marched south from New York country. pression of their will, and the power in to Annapolis, where De Grasse transported It was no idle pledge. Of the 56 who signed their statement has fundamentally the allied army across Chesapeake Bay. At the Declaration of Independence, 9 died of changed the nature of governance in the same time, General the Marquis de La- wounds or hardships during the war Zimbabwe and silenced the pessimists fayette was ordered to march upon York- Five were captured and imprisoned, in each who claimed that Zimbabwe was al- town from his position at Richmond. case with brutal treatment. By September 1781, Cornwallis and the ready hopeless and lost. Several lost wives, sons, or family. One In the wake of these elections, many main British forces in North America found lost his thirteen children. All were, at one themselves in a trap. French warships were time or another, the victims of manhunts, challenges remain in Zimbabwe. The at their rear. Regular forces—not the badly and driven from their homes. next round of presidential elections armed and untrained militia the British had Twelve signers had their houses burned. must be conducted in a free, fair, and pushed around on the battlefield for years— Seventeen lost everything they owned. democratic manner. Genuine, rule-gov- closed in on them from the front. By October Not one defected or went back on his erned land reform must move forward. 9, Washington’s and Rochambeau’s armies pledged word. The economy must be repaired, step by had dug extensive siege works all around There honor and the Nation they did so step. Zimbabwe, along with the other Yorktown, so there could be no escape. Now much to create, is still intact. African states that have troops in the the bombardment began. The greatest guer- But freedom, on that first Fourth of July, rilla war in history was coming to a classic came high. Democratic Republic of the Congo, must extricate itself from the costly close. f Murderous fire from 70 heavy guns began conflict. And perhaps most impor- to destroy Yorktown, piece by piece. ELECTIONS IN ZIMBABWE tantly, government and civil society As the bombardment commenced, signer Mr. FEINGOLD. Mr. President, I rise alike must address the devastating Thomas Nelson of Virginia was at the front AIDS crisis head-on. in command of the Virginia militia forces. In to congratulate the people of 1776 Nelson had been an immensely wealthy Zimbabwe on their participation in the International support and assistance tobacco planter and merchant in partnership historic elections that took place over will be critical to these efforts. The with a man named Reynolds. His home, a the weekend. So often, events in Africa Zimbabwe Democracy Act, a bill intro- stately Georgian mansion, was in Yorktown. are only mentioned on this floor and in duced by Senator FRIST and of which I As the Revolution began, Nelson said, ‘‘I am the press only in the event of crisis or was an original co-sponsor, recognizes a merchant of Yorktown, but I am a Vir- both the obvious need for more ginian first. Let my trade perish. I call God tragedy. But only days ago, the people of Zimbabwe seized control of their col- progress toward democracy and the to witness that if any British troops are rule of law in Zimbabwe, and the need landed in the County of York, of which I am lective destiny and gave the inter- lieutenant, I will wait for no orders, but will national community a reason to cele- for international support. I hope that summon the militia and drive the invaders brate rather than lament conditions in the conditions laid out in that bill for into the seas.’’ Nelson succeeded Thomas Africa. resumption of a complete program of Jefferson as Governor of Virginia, and was For twenty years, politics in bilateral assistance will be met expedi- still Governor in 1781. Zimbabwe had been dominated by one tiously. And I am glad that, in the Lord Cornwallis and his staff had moved meantime, the bill ensures that U.S. their headquarters into Nelson’s home. This party and indeed one man. President Mugabe had the support of all but assistance will continue to bolster was reported by a relative who was allowed democratic governance and the rule of to pass through the lines. And while Amer- three members of the 150-seat Par- law, humanitarian efforts, and land re- ican cannon balls were making a shambles of liament. Changes to Zimbabwe’s con- form programs being conducted outside the town, leaving the mangled bodies of Brit- stitution, even when rejected by voters the auspices of the government of ish grenadiers and horses lying bleeding in as they were in February, could still be Zimbabwe. This bill has passed the the streets, the house of Governor Nelson re- passed through this compliant legisla- mained untouched. Senate, and I hope that the House will ture, enabling the executive to con- Nelson asked the gunners: ‘‘Why do you pass it soon, as it contains particularly tinue to shore up power and ignore the spare my house?’’ timely provisions which will assist in- ‘‘Sir, out of respect to you,’’ a gunner re- growing chorus of protest from citizens dividuals and institutions who accrue plied. disgusted by corruption and distressed costs of penalties in the pursuit of elec- ‘‘Give me the cannon,’’ Nelson roared. At by mismanagement. But this week, the tive office or democratic reforms. his insistence, the cannon fired on his mag- tide turned in Zimbabwe. Without ac- nificent house and smashed it. So again, I extend my congratula- After 8 days of horrendous bombardment, a cess to the state-run media and with- tions to the people of Zimbabwe on British drummer boy and an officer in scar- out significant financing, opposition their historic vote, and I urge my col- let coats appeared behind a flag of truce on candidates still managed to win fifty- leagues to take note of the potential the British breastplates. The drum began to eight parliamentary seats and end the for real change and real progress that beat ‘‘The Parley.’’ ruling party’s stranglehold on the exists within Zimbabwean society and Cornwallis was asking General Washing- state. ton’s terms. indeed within many of the countries of On October 19, the British regulars Mr. President, the world’s attention Africa. Africa is not a hopeless con- marched out of Yorktown, their fifes wailing was focused on Zimbabwe over the tinent. One cannot paint the entire re- ‘‘The World Turned Upside Down.’’ They weekend because of the disturbing gion in the same depressing and fatal- marched through a mile-long column of events that led up to the balloting. Op- istic shades. And Mr. President, I in- French and Americans, stacked their arms, position candidates and supporters tend to come to this floor to highlight and marched on. It was, as Lord North was have been intimidated, beaten, and the promise and the achievements of to say in England when he heard the news, even, in more than 25 cases, killed. all over. the diverse region in the remaining But for Thomas Nelson the sacrifice was International assessment teams have weeks of this session, in an effort to not quite over. He had raised $2 million for indicated that given this violent pref- counter the lazy, misguided analysis the Revolutionary cause by pledging his own ace, these elections were not free and that suggests we should wash our estates. The loans came due; a newer peace- fair. hands of engagement with this remark- time Congress refused to honor them, and But as we acknowledge these flaws, able part of the world. Nelson’s property was forfeit. He was never even as we recognize the poisoned envi- f reimbursed. ronment in which citizens of Zimbabwe He died a few years later at the age of 50 were called upon to make their choice, THE MICROSOFT CASE living with his large family in a small and modest house. we must also appreciate the courage of Mr. CRAIG. Mr. President, Judge Another Virginia signer, Carter Braxton, the voters and the historic changes Learned Hand once observed: ‘‘The suc- was also ruined. His property, mainly con- they have brought to their country. cessful competitor, having been urged

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6248 CONGRESSIONAL RECORD — SENATE June 30, 2000 to compete, must not be turned upon of American families own stock in to ensure that their lawyer’s retainers when he wins.’’ American companies. Those families are fully paid? For Microsoft and the rest of our do- have been hurt by the Microsoft case. Intel: With a market share of 80 per- mestic high-tech industry, it may be On April 3, Judge Jackson issued his cent, Intel is by far the leader in sales too late to heed Judge Hand’s warning. finding of law. That day, the Nasdaq of the microprocessor market for PCs. Whatever justification the Justice stock index crashed. It fell a record 349 While this lead seems reasonable, since Department used for its actions points. That’s a loss to Americans of Intel invented the first microprocessor against Microsoft, the real measure of about $450 billion—or about 5 percent in 1971, innovation isn’t a defense in success in the Microsoft case is how it of our national income. anti-trust law. Intel’s profit margins affects American consumers and the Gone, in one day. have exceeded 20 percent for the past American economy. Mr. President, a basic premise of five years. From their perspective, the verdict is anti-trust action is to defend con- AOL: With almost 25 million online clear: The Justice Department’s suit sumers. We want to protect competi- subscribers, AOL is the clear worldwide against Microsoft is bad for consumers, tion, not competitors. leader in online services. Investor Re- bad for high-tech markets, and bad for Yet, in the Microsoft case, it was the search says: ‘‘The service has contin- the country. competition that pointed the finger. ued to make significant gains in the Mr. President, our anti-trust laws are Actual consumers were notably absent. number of customers, despite charging unlike health and safety regulations. So how did the markets treat a monthly fee of $21.95 that is higher Their purpose isn’t to protect the phys- Microsoft’s competition following than the industry’s standard fee of ical well being of citizens, but rather Judge Jackson’s ruling? Poorly. $19.95.’’ Do higher fees indicate monop- their pocketbooks. Of the companies that testified oly rents? Like other forms of economic regula- against Microsoft—Intel, IBM, Compaq, Cisco: Cisco Systems is the world’s tion, a successful effort requires two Oracle, AOL, Sun Microsystems, In- largest supplier of high performance conditions. First, there must exist a tuit, Apple, and Gateway—only one computer internetworking systems. It market failure. Second, the govern- saw its stock rise in the month fol- supplies the majority of networking ment must be in a position to fix that lowing the Judge’s ruling. Every other gear used for the internet. According market failure. stock had dropped, some by as much as to Investor Research: ‘‘Demand for The case against Microsoft fails both 30 percent. switches is being driven by a need for conditions. Our domestic computer This decline is no coincidence. Ac- greater bandwidth by corporate users: markets are working just fine. For cording to a study recently published Cisco dominates this market.’’ Mr. thirty years, they have been character- in the Journal of Financial Economics, President, the term dominates is bad in ized by falling prices, rising perform- whenever the government’s antitrust the anti-trust world. EBAY: EBAY operates the world’s ance, and increased choice: suit has scored a victory against largest person-to-person online trading According to the Commerce Depart- Microsoft, an index of non-Microsoft community, with more than 10 million ment, quality-adjusted prices for com- computer stocks falls. When Microsoft registered users and 3 million items puter memory chips have declined 20 wins a round, those computer stocks listed for sale. You can purchase an- percent per year since 1985; rise. tiques, coins, collectibles, computers, A chip that sold for $1778 in 1974 cost Judge Jackson may have ruled memorabilia, stamps, and toys on just 47 cents in 1996; and according to against Microsoft, but the markets EBAY from other individuals. Profit the CBO, software prices have been have ruled against government inter- Margins: 70 percent plus. Seven Zero. falling between 3 and 15 percent per ference in the New Economy. One irony in the Microsoft case is year on average. Mr. President, the only monopoly that Netscape, the frequently cited Meanwhile, new products are being consumers need to worry about in the ‘‘victim’’ in the case against Microsoft, introduced every day. There are cur- Microsoft case is the monopoly govern- was in 1996 clearly a monopoly player rently over 25,000 applications designed ment regulation has over private in- in its own right, with over 80 percent of to run on Windows, yet the fastest dustry. the browser market. Now, Netscape is growing segment of the market in- Having stood on the sidelines while owned by AOL, another monopoly-sized cludes so-called ‘‘Microsoft-Free’’ ap- American’s high-tech community led player. plications. the American economy into the twen- America’s high tech community used Mr. President, I am one of the most ty-first century, the government is to shun government interference. They computer illiterate members of the now stepping in and telling those same would be smart to continue to do so. United States Senate, but I can pull corporations how to run their business. The companies that encouraged the airline flight information off the inter- Economic regulation used to be pop- Microsoft lawsuit made a Faustian bar- net faster than anybody here. I use my ular in Washington, DC. At one point gain. Now that the government has fo- Palm Pilot to do it. The Palm Pilot in the late 1970s, the federal govern- cused on this industry, it may be dif- doesn’t have any Microsoft products in ment controlled the pricing and mar- ficult to turn its attention elsewhere. it. You can browse the internet with ket access of all our transportation in- That’s too bad. The case against your cell phone too. Again, no Micro- dustries—trucking, airlines, rail, and Microsoft has hurt the high tech com- soft. pipeline—as well as the energy indus- munity where it counts—in its pocket- And just recently, Linux-based soft- try. book. But the full cost of this ill-ad- ware writer Red Hat announced a part- Today, those regulations are gone, vised attack remains to be seen. Right nership with Dell Computer to accel- and we are all better off. The last twen- now, America stands alone atop the erate the commercial adoption of the ty years of economic growth and pros- New Economy. Increased government Linux operating system. This new sys- perity demonstrates that those regula- intervention is a good way to ensure tem would compete directly with Win- tions did the economy more harm than that dominance doesn’t last. dows-based computers. good. f Lower prices, better performance, in- In many ways, our anti-trust laws creased choice—Mr. President, there is are the last toe-hold of economic regu- THE TRUTHFULNESS, RESPONSI- no market failure in our domestic com- lation in the federal code. BILITY AND ACCOUNTABILITY IN puter industry. To suggest otherwise Unfortunately, it’s a growing toe- CONTRACTING ACT doesn’t pass the laugh test. hold. The number of investigations by Mr. ROBB. Mr. President, I am Nor does the suggestion that con- the Justice Department under our anti- pleased to be joined by several of my sumers are better off following Judge trust laws has exploded in recent years, colleagues in support of the Truthful- Jackson’s ruling. All the evidence sug- rising from 134 in 1995 to 276 in 1997. ness, Responsibility and Account- gests just the opposite. Which begs the question, who’s next? ability in Contracting Act, or the One unique aspect of today’s econ- Now that the Justice Department has TRAC Act. We look forward to drop- omy is that America’s consumers are been turned loose, who are the other ping our bill when the Senate returns also America’s owners. Fully one-half innovative companies that might want from the July 4th recess.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6249 The TRAC Act simply stated, seeks But even with these stall tactics, the mid 1980s, and it should be made per- the best value for the federal dollar. Its House and Senate have met informally manent so that family farmers in trou- main objectives are instituting public- to resolve the bankruptcy bills. The in- ble today can get breathing room and a private competition and tracking formal agreement, of course, will make fresh start if that’s what they need to costs. My colleagues and I agree that chapter 12 permanent. If we were al- make it. It’s shameful that some Sen- improvements to service contracting lowed to pass this bill, America’s fam- ators who know better are continuing should be made, and this bill is one ily farmers would never again face the to play politics and deny a fresh start way to achieve that. prospect of having no bankruptcy pro- to family farmers. Our bill directs federal agency cer- tections. But the bankruptcy reform bill tification before entering into new con- That’s right Mr. President, we have doesn’t just make chapter 12 perma- tracts. These standards include estab- the power right now to give family nent. Instead, the bill makes improve- lishing agency-wide reporting systems farmers last-ditch protection against ments to chapter 12 so it will be more to report contracting efforts; requiring foreclosures and forced sales. But, accessible and helpful for farmers. public-private competition; and review- some of our more liberal friends won’t First, the definition of family farmers ing contractor work and recompeting let that happen. Some members of this is widened so that more farmers can that work if appropriate. body have just decided to play political qualify for chapter 12 bankruptcy pro- Why the new standards? So we can chess games with bankruptcy reform, tections. Second, and perhaps most im- better ascertain what the federal gov- and they’re willing to use family farm- portantly, the House and Senate agreed ernment is spending for government ers as pawns to be expended in pursuit to reduce the priority of capital gains services. David Walker, Comptroller of some larger goal. tax liabilities for farm assets sold as a General for the General Accounting Of- Mr. President, with the sluggishness part of a chapter 12 reorganization fice, stated recently in a June 1st we have in the farm sector, I think it’s plan. This will have the beneficial ef- Washington Post piece by David Broder just plain wrong to play games with fect of allowing cash-strapped farmers that ‘‘. . . it is not clear that the re- family farmers. Senator LOTT and the to sell livestock, grain and other farm maining federal employees are capable Republican leadership have tried to assets to generate cash flow when li- of monitoring the cost and quality of move the bankruptcy bill repeatedly quidity is essential to maintaining a the outsourced activities.’’ The ability and have been stymied every step of farming operation. Together, these re- to monitor costs is essential if the Con- the way. We need to help our family forms will make chapter 12 even more gress is to exercise proper oversight of farmers, not play games with their fu- effective in protecting America’s fam- federal funds spent to carry out serv- tures. The opponents of bankruptcy re- ily farms during this difficult period. ices by either contractors or federal form have resorted to tactics which are Mr. President, it’s imperative that employees. morally bankrupt. we keep chapter 12 alive. Before we had We also want to ensure an even play- Mr. President, back in the mid-1980’s chapter 12, banks held a veto over reor- ing field between contractors and fed- when Iowa was in the midst of another ganization plans. They wouldn’t nego- eral employees when competing for devastating farm crisis, I wrote chap- tiate with farmers, and the farmer work. The public-private competitions ter 12 to make sure that family farmers would be forced to auction off the farm, required by the TRAC Act will deter- would receive a fair shake when deal- even if the farm had been in the family mine how best the federal government ing with the banks and the Federal for generations. Now, because of chap- can save money on its many critical Government. At that time, I didn’t ter 12, the banks are willing to come to services. Our bill doesn’t guarantee any know if chapter 12 was going to work terms. We must pass the bankruptcy pre-determined outcome in a public- or not, so it was only enacted on a tem- reform bill to make sure that Amer- private competition, but rather ensures porary basis. ica’s family farms have a fighting that these competitions occur. Chapter 12 has been an unmitigated chance to reorganize their financial af- Contractors have historically played success. As a result of chapter 12, many fairs. a role in delivering government serv- farmers who once faced total financial DISCLOSURE BY SECTION 527 ORGANIZATIONS ices and will continue to do so. There- ruin are still farming and contributing Mr. MURKOWSKI. Mr. President, fore, our bill will allow the federal to America’s economy. As was the case throughout the rancorous campaign fi- agencies to see who completes work in the dark days of the mid-1980s, some nance reform debate I have consist- most effectively, regardless of who de- are again predicting that farming oper- ently argued that the only reasonable livers the service. ations should be consolidated and we solution rests in increased disclosure f should turn to corporate farming to and the active enforcement of current supply our food and agricultural prod- laws. For this reason, I voted in sup- EXPIRATION OF CHAPTER 12 OF ucts. As with the 1980s, some people port of H.R. 4762—legislation requiring THE BANKRUPTCY CODE seem to think that family farms are in- 527 organizations to disclose their po- Mr. GRASSLEY. Mr. President, at efficient relics which should be allowed litical activities and supporters. this time, I am seeking recognition in to go out of business. This would mean I want to unequivocally state, how- order to call to my colleagues’ atten- the end of an important part of our Na- ever, that I believe this bill is only the tion something that will happen today. tion’s heritage. And it would put many first step towards complete disclosure At midnight today, bankruptcy protec- hard working American families—those and accountability in campaign financ- tions for family farmers will disappear. who farm and those whose jobs depend ing. Financing laws must be fair, and Chapter 12 of the Bankruptcy Code will on a healthy agricultural sector—out they must be universal. Disclosure re- expire. And America’s family farming of work. quirements must be extended to other operation will be exposed to fore- But the family farm didn’t disappear tax-free organizations as well, namely closure and possible forced auctions. I in the 1980s, and I believe that chapter Internal Revenue Code 501(c) groups think this will be a clear failure on the 12 is a major reason for the survival of that have actively participated in local part of the Congress and the President many financially troubled family and national elections. to do their duty. How did we get here? farms. An Iowa State University study What is the benefit of disclosure laws After all, the Senate and House have prepared by professor Neil Harl found if they do not apply to all? I suggest passed bankruptcy reform bills which that 85 percent of the Iowa farmers that unbalanced and incomplete re- made chapter 12 permanent. But a who used chapter 12 were able to con- strictions will only enhance efforts to small minority of Senators who oppose tinue farming. That’s real jobs for all manipulate campaign financing laws. bankruptcy reform have apparently de- sorts of Iowans in agriculture and in 527 groups will, essentially, be encour- cided that they would rather see Amer- industries which depend on agriculture. aged to pack up shop and re-emerge as ica’s family farmers with no last-ditch According to the same study, 63 per- 501(c) groups. Quickly, they will be able safety net than let the House and Sen- cent of the farmers who used chapter 12 to continue their efforts to influence ate even convene a conference com- found it helpful in getting them back elections with limited disclosure re- mittee in order to get the two bills recon their feet. In short, I think it’s fair quirements. Clearly, more reform must onciled. to say that chapter 12 worked in the be done.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6250 CONGRESSIONAL RECORD — SENATE June 30, 2000 For this reason, I urge this body to right to free expression resides. I be- The senior deputy happened to be in move forward and extend disclosure relieve H.R. 4762 is a good first step in charge of the internal affairs unit. quirements to 501(c) organizations. I striking this balance. Clearly, those While head of that unit, this person is doubt anyone would suggest that who expect tax preferred status to ad- suspected of committing about 12 overt 501(c)(4) civic groups have not made ef- vocate their political message are acts of fraud. He was eventually con- forts to express a political message. within the grasp of disclosure laws. I victed and sent to jail. Earlier this year, one 501(c)(5) labor reiterate my support for full disclo- Mr. Mancuso allegedly took extraor- union openly professed its intention to sure, and once again call for quick ac- dinary measures to shield this indi- spend tens of millions of dollars to in- tion upon more comprehensive disclo- vidual from the full weight of the law fluence House elections. And our na- sure legislation. and departmental regulations. tion’s media has been awash with ef- f It was also alleged that Mr. Mancuso engaged in retaliation and other pro- forts by 501(c)(6) corporations to con- NOMINATION OF DONALD hibited personnel practices. vey their political messages. Yet, our MANCUSO financing system fails to require these The Majority Staff on my Judiciary groups to provide expenditure and Mr. GRASSLEY. Mr. President, I Subcommittee on Administrative Over- donor information. This is wrong. would like to take a moment today to sight and the Courts conducted a very Recently, I cast a vote that would tell my colleagues why I oppose the careful examination of the allegations. seem to be in conflict with my support nomination of Mr. Donald Mancuso. The results of this investigation were of H.R. 4762. I voted against similar I would like my colleagues to under- presented in a Majority Staff Report language in an amendment to the De- stand why I have placed a hold on Mr. issued in October 1999. partment of Defense Authorization bill. Mancuso’s nomination. Mr. President, I came to the floor on Mr. Mancuso has been nominated to It is important to note, however, that November 2, 1999 to discuss the con- be the Inspector General (IG) at the my vote was on a constitutional point tents of the report. Department of Defense (DOD). All supporting documentation—and of order. If the Section 527 amendment Mr. President, over the years, I have was included in the Defense bill, it there was a mountain of material—was made a habit out of watching the simultaneously placed on the Judiciary would have converted the bill into a watchdogs. I have tried hard to make Committee’s web site. revenue measure originating in the sure the IG’s do their job. I want the Senate and caused the defense author- The Majority Staff Report substan- IG’s to be a bunch of junk yard dogs tiated some of the allegations involv- ization bill to be blue-slipped—essen- when it comes to overseeing their re- ing DCIS officials, including Mr. tially killed—when it is sent to the spective departments. Mancuso. House. This is not a matter of mere se- In doing this oversight work, I have I also sent a copy of the report and mantics, it is mandated by the Con- learned one important lesson: the IG’s supporting documentation to Secretary stitution. Regardless of the legisla- must be beyond reproach. tion’s merits, as a senator I must up- Now that Mr. Mancuso’s nomination of Defense Cohen. hold the Constitution. My vote reflects has been submitted to the Senate for Mr. President, I also wanted to be this duty. confirmation, this is the question we— certain that my friend, Senator WAR- But with H.R. 4762, the procedural ob- in this body—must wrestle with: NER, Chairman of the Armed Services structions were removed. I support ac- Does Mr. Mancuso meet that stand- Committee, and my friend Senator tive disclosure in our campaign financ- ard? THOMPSON, Chairman of the Govern- ing system. By making contributions Is Mr. Mancuso beyond reproach? mental Affairs Committee, were up to public, the American people can decide That’s the question now before the speed on this issue. for themselves who they want to sup- Senate. I have continued sending them mate- port. When issue ads from supposedly I have to ask myself that question rial as the case has developed. public interest groups are aired, the because of something that happened a I want them to be informed about American public can now find out who year ago. what I am doing and where I am headed is funding these ads. For example, we In June 1999, a former agent from the with Mr. Mancuso’s nomination. may now be able to learn whether ads Defense Criminal Investigative Service Mr. President, after the staff report for so-called environmental causes are or DCIS walked into my office. He was issued, my office was inundated actually being financed by members of made a number of very serious allega- with phone calls from current and OPEC who want to maintain their motions of misconduct about senior DCIS former DCIS agents with new allega- nopoly and prevent us from exploring officials, including Mr. Mancuso. tions of misconduct by Mr. Mancuso for oil in the U.S. And he had a huge bag full of docu- and others. I hope that we will soon extend the ments to back them up. The Majority Staff has investigated disclosure requirements to other orga- Mr. Mancuso was the Director of some of the new allegations, as well. DCIS from 1988 until 1997 when he be- nizations so that the American public Some have been substantiated and came the Deputy DOD IG. can truly know who finances the public some have not. Mr. Mancuso was the Pentagon’s top relations campaigns that influence our The new findings have been summa- cop. He was in charge of the DOD IG’s rized in letter reports. modern elections. criminal investigative bureau. He was Mr. President, a word of caution is in Those have been shared with Sec- a senior federal law enforcement offi- order. I am sensitive to the legitimate retary Cohen. cer. needs of private citizens to criticize And I met with the new Deputy Sec- The allegations were very serious. retary, Mr. Rudy de Leon, on May 24th government without fear of retaliation. Many concerned Mr. Mancuso’s inter- to express my concerns about the alle- We must never forget that we are the nal affairs unit. nation of Alexander Hamilton, John It was alleged that an agent assigned gations involving Mr. Mancuso. Mr. President, I am not alone in rais- Jay, and James Madison. The very men to the internal affairs unit had a his- ing questions about Mr. Mancuso’s con- who wrote under the anonymous name tory of falsifying reports to damage the of ‘‘Publius,’’ shaping our government reputation of fellow agents. duct. through the Federalist Papers. Would It was further alleged that Mr. At least six other government enti- such thought and expression have sur- Mancuso was aware of this problem yet ties believe that the allegations are se- vived if the cloak of anonymity was re- failed to take appropriate corrective rious enough to warrant further inves- moved? Political speech is free speech, action. tigation. These include: and private citizens who have not It was alleged that Mr. Mancuso per- Chief of the Criminal Division, Eastern sought preferred tax status should not sonally approved a series actions to District of Virginia be limited in their rights of expression, protect a senior deputy who was under Integrity Committee of the President’s Council on Integrity and Efficiency their freedom to associate, or their investigation for passport fraud. Public Integrity Section at the Justice De- right to privacy. It was alleged that Mr. Mancuso and partment Somewhere, the proper balance be- the senior deputy were close personal Inspector General, Department of the tween complete disclosure and the friends. Treasury

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6251 U.S. Office of Special Counsel water 25 miles wide and 30 miles long by the people of Minnesota, who rally Inspector General, General Services Ad- that flowed steadily overland through together for their communities when ministration northwestern Minnesota, drowning tragedy strikes. It’s during critical Most of these investigations are on- millions of dollars worth of crops in its times such as these that we finally un- going. However, at least one has been path. The pool developed as heavy run- derstand the importance of neighbor completed. off collected at higher elevations in helping neighbor. At a time when we The Inspector General at the Treas- Becker and Mahnomen counties, then all too often fail to make the effort to ury Department has corroborated some flowed into the Red River Valley to- get to know and appreciate our neigh- of the facts and conclusions in the Ma- ward Ada. You have to realize that this bors, Minnesotans in a great many of jority Staff Report. land is very flat, dropping only about our communities have formed lasting I also know that the U.S. Attorney, one foot per mile, so the water moves bonds over this past week and found who prosecuted Mr. Mancuso’s senior slowly, but causes severe crop damage. their civic spirit has been restored. deputy for passport fraud, is very un- Several rivers converge and flood pre- Mr. President, I intend to work with happy with Mr. Mancuso’s conduct in vention measures have failed to funnel Governor Ventura to examine the need that case. excess water into the Red River. I infor federal funding to help those Min- The U.S. Attorney has characterized tend to work with representatives from nesotans devastated by this most re- Mr. Mancuso’s conduct in that case as: the watershed districts, and the Army cent flooding. I also want to work with ‘‘egregious and unethical.’’ Corps of Engineers to see whether past the Governor, the Farm Services Ad- Mr. President, at this point, there flood control measures have resulted in ministration, and the Department of are just too many unanswered and un- what has become constant flooding in Agriculture in anticipation of federal resolved questions bearing on the alle- this area of northwest Minnesota and funding needs for farmers who have had gations. what can be done to alleviate this prob- severe crop losses. I stand together I think it would be accurate to say lem in the future. I saw fields with with my colleagues in the Minnesota the case against Mr. Mancuso would three or four feet of water that had delegation, and with our colleagues not stand up in a court of law. been planted with wheat, soybeans, and from North Dakota who are facing de- Successfully meeting that test, how- sugar beets earlier this year. Now, struction in their states equal to our ever, does not mean that Mr. Mancuso these crops are all destroyed, and the own. When disaster strikes, we are not is ready to be the Pentagon’s Inspector stench of rotting crops has begun. Republicans or Democrats. We are rep- General. Earlier this week, Governor Ventura resentatives of the people, and we will The IG’s must meet a much higher declared this area a state of emergency do whatever we must to protect our standard. so that federal, state and local emer- citizens when their lives, homes and The IG must be beyond reproach. gency management officials can work property are threatened. Having questions about judgment together to assess the damage and see f and appearance—like in Mr. Mancuso’s whether federal assistance will be re- case—is not beyond reproach. quired. As if this wasn’t enough, eight THE PRESIDENT’S ROADLESS Mr. President, I will have much more counties in southeastern Minnesota INITIATIVE to say about this at a later date. were declared emergency areas and Mr. SMITH of Oregon. Mr. President, I yield the floor. Governor Ventura has asked the fed- I come to the floor of the Senate this f eral government for money to help week as the Forest Service has THE MINNESOTA FLOODS OF 2000 with their recovery following rain- launched a series of meetings in my storms of May 17th. I was happy to sup- state and around the country to solicit Mr. GRAMS. Mr. President, I rise port the Governor’s request and to comments on the Administration’s pro- today to discuss the devastating learn that President Clinton has de- posed roadless initiative. I want to en- storms of last week that are affecting clared this region a disaster so that courage Oregonians to send in their much of northwestern Minnesota. We they are eligible for federal funding. comments and attend these meetings are experiencing some of the worst This region of Minnesota received 5 to to make their voices heard. flash flooding in over 100 years. These 7 inches of rain on May 17th, followed I am concerned that so many of my storms dumped more than 7 inches of by another heavy storm May 31. Since constituents will not take part in this rain in the Moorhead, Minnesota and then, even small rainfalls have resulted comment period in part because they Fargo, North Dakota area in an eight- in overflows and drainage problems. believe that this roadless policy is a hour period, swamping hundreds of It’s too early to tell the extent of the foregone conclusion. Frankly, I don’t basements, and streets, and acres of damage in northwestern Minnesota. think the Forest Service did much to farm land. Preliminary estimates include damage change those feelings by including lan- This past weekend, I had the oppor- to 430 houses, primarily in the Moor- guage in its draft Environmental Im- tunity to see first hand the effects of head area, and $10 million damage to pact Statement (EIS), which character- the storm when I visited the commu- crops in Becker and Mahnomen coun- ized loggers, mill workers, and people nities of Ada, Borup, Perley, Hendrum, ties. in the timber products industry in gen- and Moorhead. Actually, I had origi- But losses will go much higher. The eral as uneducated, opportunistic, and nally planned before the storm on greatest crop damage appears to be in unable to adapt to change. Many Or- being in the area to celebrate the grand Clay and Norman counties. There, egonians, not just those in resource in- opening of the Ada Hospital following crops have been damaged or destroyed dustries, were offended by this. its destruction during the Floods of on more than 500 square miles of land, I understand that the Administration 1997. Just three short years ago, Ada according to county officials. That has subsequently apologized, but I am was hit with the worst flooding in 500 could mean $50 million in lost crops, afraid this incident only added to the years. They are still recovering from and half that again in out-of-pocket feeling held by many Oregonians that that flood. planting costs. the decisions about this roadless plan How do you explain floods like these? Flooding remains a serious blow to have already been made. So I want to They don’t just happen once in a while farmers in Minnesota. There are about take this opportunity today to outline contrary to reports of 100 or even 500- 300 commercial farmers left in Norman some of my concerns about this year floods, they’ve been happening County in northwestern Minnesota. roadless initiative and to encourage every year in northwestern Minnesota. They’ve been losing 20 or 30 farms other Oregonians to take advantage of Last year, Ada experienced severe hail every year recently. It’s too late to the remaining weeks of this public storms and a Labor Day flood. In 1998, plant any cash crops in that part of the comment period to do the same. there were three floods in February, state. Some farmers will plant a ‘‘cover Mr. President, the management of May and June. In 1997, of course, there crop’’ to control erosion; others simply the roadless areas in our National For- was the huge flood in the Red River will try to control weeds and start est System has been the subject of de- Valley. planning for next year. bate for many years. We had the RARE Swollen from the heavy rains, the As in every disaster that my state I (Roadless Area Review and Evalua- Wild Rice River became a huge pool of has faced, I’ve been inspired once again tion) process in the early 1970s leading

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6252 CONGRESSIONAL RECORD — SENATE June 30, 2000 to inventories and analysis of the large A century of fire suppression fol- west, with none of the promised sus- roadless areas in our National Forests. lowed by years of inactive forest man- tainable and predictable timber har- Then we had RARE II under the Carter agement under this Administration vests in sight. So how much confidence Administration. have left our National Forest System does this Administration have in its That process was followed by a num- overstocked with underbrush and un- own Northwest Forest Plan? By read- ber of state-specific bills, such as the naturally dense tree stands that are ing its roadless proposal, the answer is Oregon Wilderness Act of 1984, where now at risk of catastrophic wildfire. ‘‘not much.’’ Clinton’s Northwest For- roadless areas that were suitable for The GAO recently found that at least est Plan has thorough standards and wilderness protection were so des- 39 million acres of the National Forest guidelines for activities in the forests ignated and other roadless areas were System are at high risk for cata- covered by the plan, including road- to be released for multiple uses. De- strophic fire. According to the Forest building. This Administration had pre- spite the growth of the wilderness sys- Service, 26 million acres are at risk viously exempted the Northwest Forest tem in this country, the management from insects and disease infestations as Plan forests from its road building of other roadless areas has remained well. The built up fuel loads in these moratoriums because it was still controversial. forests create abnormally hot wildfires clinging to the notion that its plan was Now this Administration has pro- that are extremely difficult to control. the model for forestry policy in the fu- posed a roadless initiative that would This year’s fires in New Mexico have ture. Unlike those temporary mora- permanently ban road construction given us a preview of what is to come toria, however, the Administration’s from some 43 million acres of inven- throughout our National Forest Sys- roadless initiative makes no exception toried roadless areas. In addition, this tem if we continue this Administra- draft EIS calls for each Forest, upon for the forests covered by the North- tion’s policy of passive forest manage- west Forest Plan. To me, this suggests its periodic Forest Plan revision, to ment. protect additional roadless areas, often that even this Administration is ac- To prevent catastrophic fire and knowledging what many in the North- referred to as uninventoried roadless widespread insect infestation and dis- areas. No one, not even the Forest west have said for some time: The Clin- ease outbreaks, these forests need to be ton Forest Plan is a failure. Rural Or- Service, seems to know how many mil- treated. The underbrush needs to be re- lions of acres that may ultimately be. egon already knew that. Now with this moved. The forests must be thinned to So the President is proposing setting roadless proposal, this Administration allow the remaining trees to grow more aside an additional 45 to 60 million will only make it harder for any future rapidly and more naturally. While acres of the National Forest system on Administration to keep its promises some of this work can be done without top of the 35 million acres that are al- under the Northwest Forest Plan. This roads, roads are many times required ready designated as wilderness areas. fact is most obvious in the town of in order to carry out this necessary Let me remind my colleagues that the Klamath Falls in southern Oregon. work. Yet this Administration appar- entire National Forest System is 192 Like many towns in the Northwest sur- ently wants to make it more difficult million acres and that there are nu- rounded by federal lands, Klamath to address these problems, more dif- merous riparian areas and wildlife buff- Falls was encouraged by this Adminis- er zones that are also off limits to road ficult to stop fires like those in New tration to create jobs and economic construction. So we may well have Mexico before they start. And the Vice growth through recreation and eco- more than half of our National Forest President wants to go even further tourism in order to compensate for the System permanently set aside and in- than that. loss of the timber jobs. Of course, it is Why else are roads needed in the Na- accessible to most of the public by the difficult to find substitutes for the tional Forest System? Forest roads time this Administration is through. family wage jobs that the timber in- What is even more alarming to me is provide millions of Americans with ac- dustry once provided for these towns. the position of the Vice President on cess to the National Forests for rec- Nevertheless, rural Oregon has tried to this issue. In a speech to the League of reational purposes. With the Forest diversify its economy. Conservation Voters last month, AL Service predicting tremendous in- More than three years ago, devel- GORE said the Administration’s pre- creases in recreational visits to the Na- opers and community leaders in Klam- ferred alternative does not go far tional Forest System in the coming ath Falls embarked upon the arduous enough. Perhaps Mr. GORE’s ‘‘Progress years, shouldn’t there at least be a process of obtaining a special use per- and Prosperity’’ tour should make a thorough examination of how this mit to launch a winter recreation area few stops in rural Oregon so he can see roadless plan will affect the remaining at Pelican Butte in the nearby Winema first-hand the results of eight years of areas of our National Forests, which National Forest. Millions of dollars passive management of our federal will apparently have to absorb most of were spent and countless hours were lands—double digit unemployment and these new visitors? And what about the invested by everyone from the local four day school weeks. As part of the needs of seniors and disabled visitors? forest service, to the developers, to the Administration that is writing this Compounding the problem, this Admin- local government and the community rule and is supposedly keeping an open istration will be decommissioning as a whole. A final Environmental Im- mind while taking comments from the many roads currently used by rec- pact Statement and Record of Decision public this month, it seems a bit pre- reational visitors. In its rush to com- are due next year. Now, due to the fact mature for the Vice President to speak plete this sweeping rule, this Adminis- that Pelican Butte will require three so favorably of an alternative that is tration does not seem to have the time miles of road in a currently inventoried ostensibly still being reviewed. I know to examine seriously the impacts of roadless area, the Administration’s the Chairman of the Senate Energy steering more and more recreational roadless initiative will effectively kill Committee and the Chairman of the visitors to a smaller percentage of the the plan. In its zeal to complete this House Resources Committee have re- Forest System. plan before leaving office, this Admin- quested the Vice President recuse him- Mr. President, I am also concerned istration apparently does not want to self from the rest of this rule-making about how this roadless initiative is take the time to make reasonable ac- process. I agree with the Chairmen and supposed to interact with the North- commodations for proposals that have hope the Vice President will try to re- west Forest Plan. Last year, I came to been in the pipeline for years. Never store the public’s confidence that this the floor of the Senate and I expressed mind the fact that the Pelican Butte rule-making is not predetermined and concerns about this Administration’s project will result in a net decrease in that it is open, as required by law, to forestry policies and its weak imple- road mileage on National Forest lands. the comments and suggestions of the mentation of its own plan that was Never mind the fact that Oregonians public. supposed to lay the groundwork for a were told by this Administration to go Mr. President, some of my colleagues cooperative resolution to the timber and find other means to develop their may ask why new roads may be needed disputes of the early 1990s. Unfortu- economy outside of timber. The mes- in the National Forest System. There nately, as our federal agencies scour sage to Oregonians is clear: If the are many reasons, but perhaps the the forests to survey for mosses, we roadless plan is to be concluded before most urgent purpose is forest health. continue to have gridlock in the North- President Clinton leaves office, there is

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6253 no time to spare to consider the effort gram has not progressed as rapidly as tion, implementation and increasing and good will invested by the people of medicine. federal bureaucracy, but it also actu- Klamath Falls in the Pelican Butte To that end, I introduced the Medi- ally delays benefits that will help our proposal. The fact is that this Adminis- care Ensuring Prescription Drugs for seniors today. There is no way a major tration doesn’t care how many rural Seniors Act, or MEDS. My bill was an new bureaucracy can be created and be- communities are left in the dust by early attempt to heighten the debate come effective in time to provide the this regulatory juggernaut. surrounding prescription drugs, and at help our seniors need now. At a min- Mr. President, all of this is very dis- the same time provide a plan that imum, based on similar initiatives in couraging for Oregonians who have a would address the needs of the nearly the past, it would take two years to sense this Administration has already one third of senior citizens in this gear up this kind of new government made up its mind on this roadless ini- country who currently lack any form agency, which again, only duplicates tiative. It is my understanding that of prescription coverage. We have all existing federal bureaucracy and slows many of my constituents have just re- heard the frightening stories of the progress toward meaningful reform. ceived copies of this draft EIS in the choices that many seniors are forced to It’s important these facts are under- last few days—with half of the brief make when it comes to paying for pre- stood as we continue discussing emerg- comment period already expired. Nev- scription drugs. Unfortunately, many ing plans for a prescription drug ben- ertheless, from the floor of the Senate of these stories have been politicized efit under Medicare. How a plan is today, I am pleading with my constitu- and used to stir the political cauldron structured could have dramatic con- ents to get out there during this com- over the past several months. But the sequences for future innovations in ment period and make their voices reality is that decisions between food, treatments which can enhance quality heard. This rulemaking is too signifi- shelter, and medicine are all too com- of life and in some cases save lives. If cant for Oregonians to be silent. mon among our neediest seniors. done right, we’ll enable all senior citi- Mr. President, I agree with this Ad- MEDS was introduced to help these zens to access the best health care sys- ministration that we need a long-term people. tem in the world and receive the latest resolution to the management of our My plan would add a prescription technology and treatment for their roadless areas. But common sense tells benefit under the already existing Part conditions—and do it in a way that is us that what is needed and appropriate B of Medicare, without creating or add- both responsible and expedient. MEDS for one area may not be sound steward- ing any new overly bureaucratic com- accomplishes both of these goals. ship for another. With this roadless ini- ponent to the Medicare program. It In closing Mr. President, let me say, as I have in the past, the challenge be- tiative, this Administration is talking works like this: The part B beneficiary fore us today is to enable Medicare to about setting aside in one broad stroke would have the opportunity to access shape and adapt itself to reflect the re- millions of acres that are supposed to the benefit as long as they were Medi- alities of an ever changing health care be held in trust for all Americans. Even care eligible. Those with incomes system. After 35 years of endless tin- worse, this plan is being rushed below 135 percent of the nation’s pov- kering, we have a real opportunity to through a truncated public comment erty level would be provided the ben- make it more responsive, more helpful, process in order to accommodate an ar- efit without a deductible and would and more attuned to the needs of cur- tificial political deadline. This isn’t only be responsible for a 25 percent co- rent and future retirees and disabled the way to manage our precious nat- payment for all approved medications. My bill also provides relief for sen- persons in this country through the ural resources and this isn’t the way to provision of a prescription drug ben- treat our rural communities. The man- iors above the 135 percent income threshold who may face overwhelming efit. This is a goal to which I am whol- agement of these roadless areas is a ly committed. complicated question, and it deserves drug costs because of the number of more than the simple answer being prescriptions they take or the relative f force-fed to us by this Administration. costs of them, by paying for 75 percent NEOTROPICAL MIGRATORY BIRD f of the costs after a $150 monthly de- ACT ductible is met. Most importantly, this Mr. L. CHAFEE. Mr. President, yes- PRESCRIPTION DRUGS UNDER voluntary benefit does not have a MEDICARE terday, the Senate approved S. 148, the treatment cap. Unlike both the Presi- Neotropical Migratory Bird Conserva- Mr. GRAMS. Mr. President, I come to dent’s plan and others currently being tion Act. I would like to thank Senator the floor today to discuss an issue that debated in Congress, MEDS covers all ABRAHAM and Senator SMITH for their has become increasingly important to participating beneficiaries no matter work on this important environmental many in Congress. As an early sponsor what level of monthly or annual drug issue, and also offer my family’s appre- of legislation to provide prescription expenditure they incur and does not ciation for Senator ABRAHAM’s kind drug coverage under Medicare, I am abandon seniors when they need help words regarding my father. Senator pleased there has been progress in the most. John Chafee was a strong proponent of reaching an agreement among many The House of Representatives nar- this legislation, and I am proud to fol- proposals to provide prescription drug rowly passed a prescription drug bill low his lead in cosponsoring this bill. benefits to seniors. that subsidizes the insurance industry Now, what is a neotropical migratory Medicare recently celebrated its 35th and attempts to ensure coverage in all bird? Simply put, it’s a bird that breeds anniversary. As with most things in areas of the country—a difficult if not in North America, and migrates each life this program is now starting to impossible task. The biggest problem year to tropical habitats in Central and show its age. Still being administered with this approach is that the insur- South America. While the name sounds under a model developed in 1965, Medi- ance industry has stated that it technical and complicated, many of care is quickly becoming antiquated wouldn’t be able or willing to provide these birds are well-known and well- and blind to the many advances in these types of ‘‘stand alone’’ policies loved by Americans. Plovers, sand- modern medicine. We all know pre- no matter how much of a subsidy they pipers, hummingbirds, woodpeckers, scription drugs play an increasingly receive. Trying to establish an enor- orioles, blackbirds, and many species important role in the health of our na- mously expensive and administratively of raptor and songbird are all tion. difficult plan built on the mere hope neotropical migratory birds. Some of There are countless examples of that the insurance industry will these birds, such as the Ruby-throated drugs which now allow us to live change its mind, is simply too big a Hummingbird and the Killdeer, cover longer, more productive lives. Drugs to risk to take when it comes to our na- amazing distances as they travel be- control blood pressure, lower choles- tions seniors. tween their summer and winter habi- terol, or mitigate the effects of a The House bill would establish a new tats. stroke are a few which demonstrate the outside agency through the Depart- In Rhode Island, we are fortunate to measurable impact research and devel- ment of Health and Human Services to be visited by many neotropical mi- opment can have on improving our administer the plan. Not only will this grants including one species of hum- lives. Unfortunately, the Medicare pro- compound the problem of administra- mingbird, over ten species of raptor,

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6254 CONGRESSIONAL RECORD — SENATE June 30, 2000 over 30 species of shorebirds, eight spe- there were strangely silent. Upon re- lastic excellence into the new century cies of flycatcher, six species of thrush, flection, he attributed the ominous and will continue to provide its stu- and 35 species of warblers. Rhode Is- quiet to the total lack of birds in the dents with the knowledge, skills, and land’s location makes it a key stopover environment. Apparently, in parts of experiences necessary to meet their spot for many neotropical migrants to China the destruction of habitat and educational and personal goals. refuel and rehydrate. the commercial bird market have re- Congratulations to Trinidad State In addition to an excellent location, sulted in the virtual elimination of Junior College on its seventy-fifth an- Rhode Island has important habitat for songbirds. What a terrible loss. We niversary.∑ migratory birds. Its combination of must work together to prevent such f fruit-bearing shrubs and forest provide tragedy from occurring in the Western OCCASION OF THE 2000 ample cover and food for these birds to Hemisphere. And, Senator ABRAHAM’s PARALYMPIC TRIALS take a break during their migration. bill is a good step in the right direc- The many wetlands found in the state tion. I applaud my colleagues for sup- ∑ Mr. DODD. Mr. President, this past also provide excellent areas to reporting this measure to help prevent week, culminating on Saturday, June hydrate, one of the most important the further decline in our neotropical 24th, the 2000 Paralympic Trials for needs on a bird’s trip north or south. migratory birds. And, I hope the Presi- track and field were held on the cam- Even with high quality habitat still dent will act swiftly to enact the pus of Connecticut College in New Lon- available in parts of the United States, Neotropical Migratory Bird Conserva- don, Connecticut. tragically, many of these species are in tion Act. Almost 150 athletes competed in a dozen events including the 100 meter real danger. The greatest human threat f to neotropical migratory birds is the race, 10,000 meter race, shot put, long loss of habitat, particularly in the Car- THE VERY BAD DEBT BOXSCORE jump and high jump. Seventy-one ath- ibbean and Latin America. Many Mr. HELMS. Mr. President, at the letes earned the right to represent the neotropical migratory birds stop to close of business yesterday, Thursday, United States at the 2000 Sydney rest and feed at several relatively June 29, 2000, the Federal debt stood at Paralympic Games, which will be held small patches of habitat along their $5,645,427,846,938.37 (Five trillion, six October 18th–29th. long migrations between continents. hundred forty-five billion, four hundred The Paralympic movement is rel- Destruction of these stopover areas can twenty-seven million, eight hundred atively young, but in recent years it have a devastating impact on a species. forty-six thousand, nine hundred thir- has grown rapidly. In 1948, Sir Ludwig In addition, overharvesting of timber, ty-eight dollars and thirty-seven Guttmann staged the first Inter- loss of wetlands and heavy use of pes- cents). national Wheelchair Games to coincide ticides exact a heavy toll on the habi- One year ago, June 29, 1999, the Fed- with the 1948 London Olympic Games. tats on which neotropical migrants de- eral debt stood at $5,640,577,000,000 These first Games focused on World pend. As noted in the Committee Re- (Five trillion, six hundred forty billion, War II veterans with spinal cord-report, 90 species of migratory birds are five hundred seventy-seven million). lated injuries. Later, other disability listed as threatened or endangered Fifteen years ago, June 29, 1985, the groups established international sports under the Endangered Species Act, and Federal debt stood at $1,798,529,000,000 organizations which arranged various approximately 210 species in the United (One trillion, seven hundred ninety- competitions. As time went by, multi- States are in serious decline. eight billion, five hundred twenty-nine disability competitions developed. The challenge of protecting migra- million). These events were brought together for tory birds is complicated by the reality Twenty-five years ago, June 29, 1975, the first time under the banner of the that many of the most effective con- the Federal debt stood at Paralympic Games in 1960 in Rome. servation measures must be imple- $536,081,000,000 (Five hundred thirty-six Since then, the games have grown in mented overseas. Migratory birds cross billion, eighty-one million) which re- success and popularity. Always held in oceans, time zones, and national flects a debt increase of more than $5 tandem with the Olympic Games, the boundaries. Preservation of these spe- trillion—$5,109,346,846,938.37 (Five tril- Paralympic athletes move into the cies must involve close partnerships lion, one hundred nine billion, three Olympic village shortly after the and cooperation with our Caribbean hundred forty-six million, eight hun- Olympic athletes move out and many and South American neighbors. dred forty-six thousand, nine hundred times compete at the same venues as Senator ABRAHAM’s bill will help ad- thirty-eight dollars and thirty-seven their Olympic counterparts. dress the multitude of threats facing cents) during the past 25 years. From Seoul to Barcelona and most migratory birds by encouraging part- recently in Atlanta, the Paralympic f nerships between private and public en- Games have blossomed into a major tities and across international bound- ADDITIONAL STATEMENTS international sporting event. This aries to help protect and restore habi- year’s Games in Sydney will continue tat of neotropical migrants. Impor- the momentum generated over the last tantly, there are ongoing efforts aimed TRINIDAD STATE JUNIOR decade. In fact, more athletes will com- at stopping the decline in migratory COLLEGE pete at the Sydney 2000 Summer bird species; however, these efforts ∑ Mr. ALLARD. Mr. President, Trini- Paralympics (4,000 athletes from 125 could be enhanced through better co- dad State Junior College, the oldest nations) than in the 1972 Munich Olym- ordination and increased funding. S. two-year college in Colorado, is cele- pics. 148 furthers both goals. Under the bill, brating 75 years of excellence. Estab- To those who competed last week in the Secretary of the Interior is di- lished in 1925 by the Colorado Legisla- Connecticut, I think I speak for all of rected to facilitate the exchange of in- ture, the College can look back with our colleagues in applauding their ef- formation among the various groups, pride over its 75 years of service to its forts. Like all athletes, they remind us and to coordinate existing conserva- community, the State of Colorado, and of the timely and timeless virtues that tion efforts. The bill also authorizes $25 the Nation. sports teach us—virtues like self-reli- million over five years in grants for Throughout its history, Trinidad ance, discipline, cooperation, and mod- projects to conserve neotropical migra- State Junior College has attracted stu- esty in victory as well as defeat. In tory bird populations. Three-quarters dents from across Colorado, from many striving to do their best, they inspire of this funding must be used for areas of the United States, and from others to do their best, as well—be projects in other countries to ensure numerous foreign countries. The result they disabled or not. that scarce resources will be focused has been the creation of an environ- To those who will represent the where they are needed most. ment that is significantly more cos- United States in Sydney, we wish them In closing, I would like to relate a mopolitan than is found in other rural luck. And we are confident that they story that my father used to tell about two-year colleges. will do our nation proud. a family friend traveling in China. This Trinidad State Junior College will I ask that the names of these ath- fellow noticed that his surroundings carry forth its strong tradition of scho- letes be printed in the RECORD.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6255 ATHLETES NOMINATED TO THE 2000 east, Moorhead. Rather than a basis for from the President of the United PARALYMPIC ATHLETICS TEAM rivalry, the proximity and common ex- States submitting sundry nominations Rodney Anderson, Daniel Andrews, Ken perience of Fargo and Moorhead have which were referred to the appropriate Bair, Bob Balk, Lisa Banta, Jennifer Barrett, proven compelling rationales for co- committees. Cheri Beccerra, Thomas Becke, Trent Blair, operation. The joint award to Fargo (The nominations received today are Cheri Blauwet, John Brewer, Ted Bridis, printed at the end of the Senate pro- Shawn Brown, Jeremy Burleson, Bert Burns, and Moorhead of All-America City hon- Lynne K. Carlton, Joesph Christmas, Wiley ors recognizes the daily cooperation ceedings.) Clark, Ed Cockrell, Shea Cowart, Keith and friendship that characterizes rela- f tions between these neighboring com- Davis, Ross Davis, Troy Davis, Gabriel Diaz MESSAGE FROM THE HOUSE DeLeon, Barton Dodson, Jean Driscoll, Rob munities. Evans, Mark Fenn, Brian Frasure, Jessica Numerous volunteers invested thou- At 11:47 a.m., a message from the Galli, Roderick Green, Deborah Hearn, Jacob sands of hours of work in preparations House of Representatives, delivered by Heilveil, Doug Heir, Scott Hollonbeck, and for the recent competition, and deserve one of its reading clerks, announced Larry Hughes. that the House has passed the fol- Tony Iniguez, Val Jacobson, Eric Kaiser, sincere thanks. Let me make special Michael Keohane, Dave Larson, Jeff note of the efforts of Fargo Mayor lowing bill, in which it requests the Lauterbach, Cheryl Leitner, Joseph LeMar, Bruce Furness and Moorhead Mayor concurrence of the Senate: Arthur Lewis, Kenneth Marshall, Vince Mar- Morris Lanning for their leadership H.R. 1304. An act to ensure and foster contin, Pan McGonigle, Asya Miller, Royal and vision. In helping to make this tinued patient safety and quality of care by Mitchell, Nancy Moloff, Edward Munro, award a reality, they are allowing the making the antitrust laws apply to negotia- Lindsay Nielsen, Paul Nitz, Albert Reed, nation to see what we in North Dakota tions between groups of health care professionals and health plans and health insur- Freeman Register, John Register, Ian Rice, and Minnesota have known for years— Rich Ruffalo, Payam Saadat, William ance issuers in the same manner as such Schneider, Marlon Shirley, Judy Siegle, that Fargo-Moorhead is shining exam- laws apply to collective bargaining by labor Matthew Smith, Amie Stanton, Laura Terry, ple of the American dream made re- organizations under the National Labor Re- Tony Volpentesf, Lynn Wachtell, Chris ality, a truly All-America City. lations Act. Waddell, Tim Willis, and Dana Zimmerman.∑ Again, on behalf of the United States The message also announced that the f Senate, I offer my most sincere con- House of Representatives has passed gratulations to Fargo and Moorhead FARGO-MOORHEAD, ALL- the following concurrent resolutions, for being recognized as an All-America without amendment: AMERICAN CITY City.∑ ∑ Mr. CONRAD. Mr. President, I rise to S. Con. Res. 125. A concurrent resolution f providing for a conditional adjournment or congratulate the City of Fargo, North recess of the Senate and a conditional ad- Dakota, on its recent selection with HONORING ARDYCE HABEGER SAMP journment of the House of Representatives. neighboring Moorhead, Minnesota, as The message further announced that ∑ Mr. JOHNSON. Mr. President, I rise an All-American City by the National pursuant to section 5(a) of the Abra- today to publicly commend Ardyce Civic League. ham Lincoln Bicentennial Commission This is a prestigious but well de- Habeger Samp of Flandreau, South Da- Act (36 U.S.C. 101 note), the Speaker served honor. The Fargo-Moorhead kota on being named for the pres- has appointed the following Member of metro area is one of the most vital and tigious 2000 Dakota Conference Award the House of Representatives to the fastest growing in the Upper Great for Distinguished Contribution to the Abraham Lincoln Bicentennial Com- Plains. The region is home to three Preservation of Cultural Heritage of mission: Mr. LAHOOD of Illinois and, in highly respected colleges and univer- South Dakota and the Northern Plains. addition, Ms. Joan Flinspach of Indi- sities. It is a major medical and com- Ms. Samp is a freelance writer, with ana and Mr. James R. Thompson of Illi- mercial center. And in recent years, more than 125 published short stories nois. and two books, entitled ‘‘When Coffee the area has seen remarkable growth in The message also announced that Was a Nickel’’ and ‘‘Penny Candy high technology. pursuant to section 5(a) of the Abra- But modern infrastructure and eco- Days.’’ She is an active member of her ham Lincoln Bicentennial Commission nomic vitality are only part of the community, serving on various boards, Act (36 U.S.C. 101 note), the Minority story of this award. Fargo was recently clubs and church organizations. Leader appoints the following individ- ranked the best medium-sized city in This past May, Governor Bill uals to the Abraham Lincoln Bicenten- America in which to raise children. It Janklow issued an honorary executive nial Commission: Mr. David Phelps of offers the sort of civil society with safe proclamation, declaring May 26, 2000 Illinois and Ms. Louise Taper of Cali- streets, strong families, and func- ‘‘Ardyce Habeger Samp Day.’’ Also re- fornia. tioning and responsive government cently, Ms. Samp received the pres- that comes to mind when people all tigious 2000 Dakota Conference Award ENROLLED BILLS SIGNED over this country think of what it for Distinguished Contribution to the At 2:30 p.m., a message from the means to live in America’s heartland. Preservation of Cultural Heritage of House of Representatives announced It was pleasant news but no surprise South Dakota and the Northern Plains. that the Speaker has signed the fol- that Fargo-Moorhead was one of 10 Mr. President, Ardyce Samp’s schol- lowing enrolled bill: communities that were winners in the arship and literary talents have en- H.R. 4425. An act making appropriations national All-America City competi- hanced the lives of South Dakotans. for military construction, family housing, tion, hosted by the National Civic Her role in community leadership and base realignment and closure for the De- League. The league could not have cho- serves as a model for other South Da- partment of Defense for the fiscal year ending September 30, 2001, and for other pur- sen better. kotans to emulate. We are grateful for poses. As I have discussed on the Senate her continued work to tell the story of The enrolled bill was signed subse- floor, recent storms dumped over seven the Northern Plains. I am pleased to be quently by the President pro tempore inches of rain on Fargo in just over able to share her story with my col- (Mr. THURMOND). seven hours, inundating the city and leagues and to be able to publicly com- causing hundreds of millions of dollars mend her work.∑ f of damage. These torrential rains have f MEASURE PLACED ON THE also meant something else, however— CALENDAR MESSAGES FROM THE PRESIDENT another chance for the area’s residents Messages from the President of the The following bill was read the sec- to show their resilience, compassion, ond time, and placed on the calendar: and community spirit. Already, Fargo- United States were communicated to H.R. 4680. An act to amend title XVIII of Moorhead is coming back, stronger the Senate by Ms. Evans, one of his secretaries. the Social Security Act to provide for a vol- than ever. untary program for prescription drug cov- Mr. President, I would like to pay EXECUTIVE MESSAGES REFERRED erage under the Medicare Program, to mod- special tribute to the cooperation be- As in executive session the Presiding ernize the Medicare Program, and for other tween Fargo and its sister city to the Officer laid before the Senate messages purposes.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6256 CONGRESSIONAL RECORD — SENATE June 30, 2000 ENROLLED BILLS PRESENTED EXECUTIVE REPORTS OF with other States Parties pursuant to para- COMMITTEE graph 3 of Article IX of the Convention to The Secretary of the Senate reported the extent permitted by its domestic law. that on today, June 30, 2000, he had pre- The following executive reports of The United States recognizes the importance sented to the President of the United committees were submitted. of combating improper financial gains by States the following enrolled bill: By Mr. HELMS for the Committee on For- public officials, and has criminal statutes to S. 1515. An act to amend the Radiation Ex- eign Relations: deter or punish such conduct. These statutes posure Compensation Act, and for other pur- Treaty Doc. 105–39 Inter-American Con- obligate senior-level officials in the Federal poses. vention Against Corruption (Exec. Rept. 106– Government to file truthful financial disclo- 15). sure statements, subject to criminal pen- f TEXT OF THE COMMITTEE RECOMMENDED alties. They also permit prosecution of fed- EXECUTIVE AND OTHER RESOLUTION OF ADVICE AND CONSENT eral public officials who evade taxes on COMMUNICATIONS SENATE OF THE UNITED STATES wealth that is acquired illicitly. The offense of illicit enrichment as set forth in Article IN EXECUTIVE SESSION The following communications were IX of the Convention, however, places the laid before the Senate, together with Resolved, (two-thirds of the Senators present burden of proof on the defendant, which is accompanying papers, reports, and doc- concurring therein), That the Senate advise inconsistent with the United States Con- uments, which were referred as indi- and consent to the ratification of the Inter- stitution and fundamental principles of the American Convention Against Corruption, cated: United States legal system. Therefore, the adopted and opened for signature at the Spe- United States understands that it is not obli- EC–9596. A communication from the Sec- cialized Conference of the Organization of gated to establish a new crminal offense of retary of Defense, transmitting, pursuant to American States (OAS) at Caracas, Ven- illicit enrichmnent under Article IX of the law, the report entitled ‘‘The Military Power ezuela, on March 29, 1996, (Treaty Doc. 105– Convention. of the People’s Republic of China’’; to the 39); referred to in this resolution of ratifica- (5) EXTRADITION.—The United States of Committee on Armed Services. tion as ‘‘The Convention’’, subject to the un- America shall not consider this Convention EC–9597. A communication from the Direc- derstandings of subsection (a), the declara- as the legal basis for extradition to any tor of the Office of Management and Budget, tion of subsection (b), and the provisos of country with which the United States has no Executive Office of the President, transmit- subsection (c). bilateral extradition treaty in force. In such ting, pursuant to law, the cumulative report (a) UNDERSTANDINGS.—The advice and con- cases where the United States does have a bi- on rescissions and deferrals as of June 1, 2000; sent of the Senate is subject to the following lateral extradition treaty shall serve as the referred jointly, pursuant to the order of understandings, which shall be included in legal basis for extradition for offenses that January 30, 1975, as modified by the order of the instrument of ratification of the Conven- are extraditable in accordance with this Con- April 11, 1986, to the Committees on Appro- tion and shall be binding on the President: vention. priations; Foreign Relations; the Budget; (1) APPLICATION OF ARTICLE I.—The United (a) PROHIBITION OF ASSISTANCE TO THE Banking, Housing, and Urban Affairs; Envi- States of America understands that the INTERNATIONAL CRIMINAL COURT.—The United ronment and Public Works; and Energy and phrase ‘‘at any level of its hierarchy’’ in the States of America shall exercise its rights to Natural Resources. first and second subparagraphs of Article I of limit the use of assistance it provides under f the Convention refers, in the case of the the Convention so that any assistance pro- United States, to all levels of the hierarchy vided by the Government of the United REPORTS OF COMMITTEES of the Federal Government of the United States shall not be transferred to or other- The following reports of committees States, and that the Convention does not im- wise used to assist the International Crimi- were submitted: pose obligations with respect to the conduct nal Court agreed to in Rome, Italy, on July of officials other than Federal officials. 17, 1998, unless the treaty establishing the By Mr. MCCAIN, from the Committee on (2) ARTICLE VII (‘‘DOMESTIC LAW’’).— Court has entered into force for the United Commerce, Science, and Transportation, (A) Article VII of the Convention sets forth States by and with the advice and consent of with an amendment in the nature of a sub- an obligation to adopt legislative measures the Senate, as required by Article II, section stitute: to establish as criminal offenses the acts of 2 of the United States Constitution. S. 1755: A bill to amend the Communica- corruption described in Article VI(1). There (b) DECLARATION.—The advice and consent tions Act of 1934 to regulate interstate com- is an extensive network of laws already in of the Senate is subject to the following dec- merce in the use of mobile telephones (Rept. place in the United States that criminalize a laration: No. 106–326). wide range of corrupt acts. Although United TREATY INTERPRETATION.—The Senate af- By Mr. CAMPBELL, from the Committee States laws may not in all cases be defined firms the applicability to all treaties of the on Indian Affairs, with an amendment in the in terms or elements identical to those used constitutionally based principles of treaty nature of a substitute: in the Convention, it is the understanding of interpretation set forth in Condition (1) of S. 2102: A bill to provide to the Timbisha the United States, with the caveat set forth the resolution of ratification of the INF Shoshone Tribe a permanent land base within subparagraph (B), that the kinds of offi- Treaty, approved by the Senate on May 27, in its aboriginal homeland, and for other cial corruption which are intended under the 1988, and Condition (8) of the resolution of purposes (Rept. No. 106–327). Convention to be criminalized would in fact ratification of the Document Agreed Among By Mr. HATCH, from the Committee on be criminal offenses under U.S. law. Accord- the State Parties to the Treaty on Conven- the Judiciary, with an amendment in the na- ingly, the United States does not intend to tional Armed Forces in Europe, approved by ture of a substitute: enact new legislation to implement Article the Senate on May 14, 1997. H.R. 3646: A bill for the relief of certain VII of the Convention. (c) PROVISOS.—The advice and consent of Persian Gulf evacuees. (B) There is no general ‘‘attempt’’ statute the Senate is subject to the following pro- By Mr. HELMS, from the Committee on in U.S. federal criminal law. Nevertheless, visos: Foreign Relations, with an amendment and federal statues make ‘‘attempts’’ criminal in (1) ENFORCEMENT AND MONITORING.—Not with a preamble: connection with specific crimes. This is of later than April 1, 2001, and annually there- S. Con. Res. 113: A concurrent resolution particular relevance with respect to Article after for five years, unless extended by an expressing the sense of the Congress in rec- VI(1)(c) of the Convention, which by its lit- Act of Congress, the President shall submit ognition of the 10th anniversary of the free eral terms would embrace a single pre- to the Committee on Foreign Relations of and fair elections in Burma and the urgent paratory act done with the requisite ‘‘pur- the Senate, and the Speaker of the House of need to improve the democratic and human pose’’ of profiting illicitly at some future Representatives, a report that sets out: rights of the people of Burma. time, even though the course of conduct is (A) RATIFICATION.—A list of the countries By Mr. HELMS, from the Committee on neither pursued, nor in any sense con- that have ratified the Convention, the dates Foreign Relations, without amendment and summated. The United States will not crim- of ratification and entry into force for each with a preamble: inalize such conduct per se, although signifi- country, and a detailed account of U.S. ef- S. Con. Res. 124: A concurrent resolution cant acts of corruption in this regard would forts to encourage other nations that are sig- expressing the sense of the Congress with re- be generally subject to prosecution in the natories to the Convention to ratify and im- gard to Iraq’s failure to release prisoners of context of one or more other crimes. plement it. war from Kuwait and nine other nations in (3) TRANSNATIONAL BRIBERY.—Current (B) DOMESTIC LEGISLATION IMPLEMENTING violation of international agreements. United States law provides criminal sanc- THE CONVENTION AND ACTIONS TO ADVANCE ITS By Mr. HELMS, from the Committee on tions for transnational bribery. Therefore, it OBJECT AND PURPOSE.—A description of the Foreign Relations, without amendment with is the understanding of the United States of domestic laws enacted by each Party to the a preamble: America that no additional legislation is Convention that implement commitments S. Con. Res. 126: An original concurrent needed for the United States to comply with under the Convention and actions taken by resolution expressing the sense of Congress the obligation imposed in Article VIII of the each Party during the previous year, includ- that the President should support free and Convention. ing domestic law enforcement measures, to fair elections and respect for democracy in (4) ILLICIT ENRICHMENT.—The United States advance the object and purpose of the Con- Haiti. of America intends to assist and cooperate vention.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6257 (C) PROGRESS AT THE ORGANIZATION OF tion to the public on the use of bio- mately 330 acres of land just east of the AMERICAN STATES ON A MONITORING PROC- technology to produce food for human con- city of San Luis. ESS.—An assessment of progress in the Orga- sumption, to support additional research re- Anyone who has ever been to the U.S. nization of American States (OAS) toward garding the potential economic and environ- port of entry in San Luis, Arizona, creation of an effective, transparent, and mental risks and benefits of using bio- viable Convention compliance monitoring technology to produce food, and for other knows that traffic congestion there process which includes input from the pri- purposes; to the Committee on Agriculture, causes such bad delays that oftentimes vate sector and non-governmental organiza- Nutrition, and Forestry. individuals attempting to conduct tions. cross-border trade there, bring goods f (D) FUTURE NEGOTIATIONS.—A description across the border, or simply visit rel- of the anticipated future work of the Parties SUBMISSION OF CONCURRENT AND atives and friends, are discouraged to the Convention to expand its scope and as- SENATE RESOLUTIONS from crossing the border or are faced sess other areas where the Convention could with spending two to four hours to be amended to decrease corrupt activities. The following concurrent resolutions cross. The port of entry at San Luis (2) MUTUAL LEGAL ASSISTANCE.—When the and Senate resolutions were read, and United States receives a request for assist- referred (or acted upon), as indicated: has become one of the busiest ports-of- ance under Article XIV of the Convention By Mr. KENNEDY (for himself, Mr. crossing in the nation. from a country with which it has in force a DODD, Mr. LEAHY, and Mr. MACK): After months of negotiation, all of bilateral treaty for mutual legal assistance S. Res. 332. A resolution expressing the the local principals involved in this ef- in criminal matters, the bilateral treaty will sense of the Senate with respect to the peace fort, from the city of Yuma to Yuma provide the legal basis for responding to that process in Northern Ireland; to the Com- County, the city of San Luis and request. In any case of assistance sought mittee on Foreign Relations. Somerton and the Cocopah Indian Na- from the United States under Article XIV of By Mr. HELMS: tion, and the Bureau of Reclamation, the Convention, the United States shall, con- S. Con. Res. 126. An original concurrent sistent with U.S. laws, relevant treaties and resolution expressing the sense of Congress now fully support this effort. The bill arrangements, deny assistance where grant- that the President should support free and will facilitate the construction of an ing the assistance sought would prejudice its fair elections and respect for democracy in additional commercial port of entry essential public policy interest, including Haiti; placed on the calendar. just east of San Luis, to be conveyed to cases where the Central Authority, after By Mr. FITZGERALD: the Greater Yuma Port Authority consultation with all appropriate intel- S. Con. Res. 127. A concurrent resolution (YMPO) for fair market value. ligence, anti-narcotic, and foreign policy expressing the sense of the Congress that the Mr. President, this legislation will agencies, has specific information that a sen- Parthenon Marbles should be returned to make a difference to the people of Ari- ior government official who will have access Greece; to the Committee on Foreign Rela- to information to be provided under the Con- tions. zona, particularly to the people of vention is engaged in a felony, including the By Mr. SANTORUM: Yuma and surrounding areas. It will facilitation of the production or distribution S. Con. Res. 128. A concurrent resolution to help increase cross-border trade in the of illegal drugs. urge the Nobel Commission to award the area, and will help to spur economic (3) SUPREMACY OF THE CONSTITUTION.— Nobel Prize for Peace to His Holiness, Pope development for an Arizona region in Nothing in the Convention requires or au- John Paul II, for his dedication to fostering need. I urge expeditious consideration thorizes legislation or other action by the peace throughout the world; to the Com- of this legislation. United States of America that is prohibited mittee on Foreign Relations. by the Constitution of the United States as By Mr. LIEBERMAN (for himself, Mr. By Mr. GRASSLEY (for himself interpreted by the United States. GORTON, Mr. SMITH of Oregon, Mr. and Mr. FEINGOLD): f CLELAND, Mr. BYRD, Mr. CONRAD, Mr. S. 2835. A bill to provide an appro- BENNETT, and Mr. GRAMS): INTRODUCTION OF BILLS AND S. Con. Res. 129. A concurrent resolution priate transition from the interim pay- JOINT RESOLUTIONS expressing the sense of Congress regarding ment system for home health services the importance and value of education in to the prospective payment system for The following bills and joint resolu- United States history; considered and agreed such services under the medicare pro- tions were introduced, read the first to. gram; to the Committee on Finance. and second times by unanimous con- f MEDICARE HOME HEALTH REFINEMENT ACT OF sent, and referred as indicated: 2000 By Mr. KYL: STATEMENTS ON INTRODUCED Mr. GRASSLEY. Mr. President, S. 2834. A bill to authorize the Secretary of BILLS AND JOINT RESOLUTIONS today I am joining Senator FEINGOLD the Interior, acting through the Bureau of Reclamation, to convey property to the By Mr. KYL: of Wisconsin in introducing the Medi- Greater Yuma Port Authority of Yuma S. 2834. A bill to authorize the Sec- care Home Health Refinement Act of County, Arizona, for use as an international retary of the Interior, acting through 2000. I want to thank my colleague for port of entry; to the Committee on Energy the Bureau of Reclamation, to convey inviting me to join him in this effort to and Natural Resources. property to the Greater Yuma Port Au- preserve our nation’s home health pro- By Mr. GRASSLEY (for himself and thority of Yuma County, Arizona, for viders. Mr. FEINGOLD): use as an international port of entry; In my work as Chairman of the Sen- S. 2835. A bill to provide an appropriate to the Committee on Energy and Nat- ate Special Committee on Aging, of transition from the interim payment system which Senator FEINGOLD is a member, I for home health services to the prospective ural Resources. payment system for such services under the LEGISLATION TO CONVEY LAND TO THE GREATER have been monitoring our nation’s crit- medicare program; to the Committee on Fi- YUMA PORT AUTHORITY FOR CONSTRUCTION OF ical home health care system closely. nance. A SECOND COMMERCIAL PORT OF ENTRY FOR In 1997, we investigated distressing ex- By Mr. HAGEL (for himself, Mr. ABRA- THE YUMA AREA amples of fraud and abuse among a few HAM, Mr. HUTCHINSON, Mr. BURNS, Mr. Mr. KYL. Mr. President, I introduce home health agencies (HHAs). In 1998, I COVERDELL, Mr. MCCAIN, Mr. a bill today to facilitate the construc- chaired a hearing on the devastating ASHCROFT, and Mr. KYL): tion of a secondary port of entry in effects of the Interim Payment System S. 2836. A bill to amend title XVIII of the Yuma County. I introduce this measure (IPS) for home health. Unfortunately, Social Security Act to provide medicare beneficiaries with access to affordable out- in collaboration with Representative my legislative efforts to improve the patient prescription drugs; to the Committee ED PASTOR, who has taken the lead on payment system that year were on Finance. this issue in the House of Representa- blocked. Last year, the Aging Com- By Mr. CRAIG: tives and has seen his bill H.R. 3023, mittee held a hearing on the new S. 2837. A bill to amend the Fair Debt Col- through to passage just this week by a OASIS information collection instru- lection Practices Act to reduce the cost of vote of 404 to 1. ment, and on the burden it imposed on credit, and for other purposes; to the Com- The identical bill I introduce today home care providers. mittee on Banking, Housing, and Urban Af- will convey to the Greater Yuma Port At this point in 2000, the main chal- fairs. By Mr. HUTCHINSON: Authority an area of land currently lenge facing our system of home care is S. 2838. A bill to amend the Food, Agri- controlled by the Bureau of Reclama- the new Prospective Payment System culture, Conservation, and Trade Act of 1990 tion for the purpose of constructing a (PPS), which will take effect on Octo- to provide for a program to provide informa- commercial port of entry on approxi- ber 1 of this year. We’ve been working

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6258 CONGRESSIONAL RECORD — SENATE June 30, 2000 toward this for many years, and I am time needed for a skilled clinician to gency room, to get the care they need. gratified that it will finally happen. collect information at admission, plus For too many home health patients in The Health Care Financing Adminis- time for data quality review and fol- Wisconsin, that day has arrived. tration (HCFA) published the final PPS low-up. Home health agencies around my rule on June 28, and I was pleased to 4. Creation of a fee schedule for non- state have closed their doors due to hear that many home health providers routine medical supplies. The bill de- massive changes in Medicare, and sen- consider it an improvement over the velops a separate fee schedule for med- iors and the disabled have been forced proposed rule. After the trauma of the ical supplies under prospective pay- to go elsewhere for care. Interim Payment System, I have high ment. THE BALANCED BUDGET ACT hopes that the PPS will be great news This is essential because PPS rates As my colleagues know, the Balanced for our Medicare beneficiaries who include the average medical supply Budget Act of 1997 contained a number need home care. cost, but some agencies’ patient popu- of measures that were intended to slow Even so, the new PPS will pose major lations have greater or lesser medical home health care spending. Congress transitional challenges for home supply needs. The original rates would targeted home health spending due to health agencies, and this bill seeks to underpay agencies that treat these vul- the fact that prior to the Balanced ease that transition so that the PPS nerable populations and overpay agen- Budget Act, home health care had be- will succeed. The bill does the fol- cies that treat patients with low med- come the fastest growing component of lowing: ical supply needs. This provision has no Medicare spending. 1. Emergency cash flow assistance. budget impact. Unfortunately, the cuts went deeper The bill provides one-time advance Mr. President, I recognize that there than anyone anticipated, and have left payments to home health agencies dur- are other issues that pose a major many Medicare beneficiaries without ing transition from IPS to PPS. Eligi- threat to our home care system, in- access to the services they need. ble agencies either have low cash re- cluding the 15 percent cut scheduled for These unintended consequences of serves, have negative cash flow under October 2001. This bill does not address the Balanced Budget Act of 1997 have PPS as defined by the Secretary of that issue, though it is obvious that been severe indeed. Instead of the $100 HHS, or were eligible to receive funds Congress will have to do so. But this billion in five-year savings that we tar- from the Periodic Interim Payment bill will help make the new PPS a suc- geted, present projections indicate that (PIP) system on September 30, 2000. cess, so home care providers can use actual Medicare reductions have been in the area of $200 billion. Home health Payments equal the average total their resources to see patients, which care spending, which the Congressional Medicare costs incurred by the agency is what they do best. I will seek the in- Budget Office expected to rise by $2 bil- in a three-month period as reported on clusion of this bill in any Finance Com- lion in the last two years even after the agency’s most recently settled cost mittee Medicare provider package we factoring in the Balanced Budget Act report. Payments would be available put together this year. cuts, has instead fallen by nearly 8 bil- for six months and repaid within Mr. FEINGOLD. Mr. President, I am lion, or 45 percent. pleased to join Senator GRASSLEY in in- twelve months. These painful cuts have forced more troducing the Medicare Home Health Agencies would also receive 80 per- than 40 home health care agencies in 22 cent of the 60-day episode payment rate Refinement Act of 2000. This legisla- Wisconsin counties to close their doors, after notifying HCFA of admission, tion will provide a measure of financial in just two years. with the remaining 20 percent coming relief for cost efficient home health Mr. President, I stand by my vote in after submission of final episode claim, agencies that are making the transi- favor of the Balanced Budget Act. And, instead of 60/40 under the rule pub- tion from the Interim Payment System like many of my colleagues, I believe lished on June 28, 2000. HCFA would to the soon to be implemented Prospec- that it contained meaningful provi- also be prohibited from imposing con- tive Payment System. sions to balance the budget. I want to ditions on a claim based on the status Since the enactment of the Balanced emphasize that the goal was to balance of an earlier claim for the same bene- Budget Act of 1997, many cost-effective the budget—it was not to punish home ficiary. home health agencies have experienced health agencies, and certainly not to The rationale for this is that PIP, financial hardship, which has forced deny Medicare beneficiaries access to which largely serves nonprofit, commu- agencies to divert funds away from pa- the home health services they need. nity-based agencies with minimal cash tient care. The Balanced Budget Act also in- reserve, will be discontinued as of Oc- We must ensure that home health cluded a number of burdensome admin- tober 1. If PPS delays a substantial care agencies can continue to provide istration changes, and a new reim- portion of payment until after termi- their invaluable service to the elderly bursement system for home health care nation of patient episode, providers and the disabled. agencies. It required the creation of a will have significant cash flow prob- As I travel to each of Wisconsin’s 72 Prospective Payment System, and, lems. Many agencies are unable to se- counties each year, I have heard count- until that system was developed an in- cure lines of credit or other loans be- less stories from home health agencies terim payment system. cause of the effect of IPS on cash re- that a number of burdensome new reg- These new rules are forcing agencies serves. ulations imposed by the Health Care to overhaul their computer systems, 2. Reimbursement for unfunded PPS- Financing Administration have hin- purchase new software, and fill out related costs. The bill reimburses agen- dered their ability to do what they do more and more forms. Many of these cies for technology costs required for best—provide quality care. agencies already face major cash-flow PPS compliance, up to $10 per bene- Our legislation addresses many of problems, and are rightly concerned ficiary. Payments would be authorized these concerns. In fact, a number of the that any delays in payments could hurt for Fiscal Years 2001 through 2003. provisions come directly from the pro- their ability to properly care for bene- The rationale for this item: agencies viders in Wisconsin. ficiaries. have had to purchase new hardware, Our bill offers a combination of With all of the changes, Congress software, and other technology to com- emergency cash flow assistance, reim- must ensure that these home health ply with new rules. These costs are not bursement for transition costs, and a agencies, which have already been hit reimbursed by Medicare. system to separate medical supply hard by payment cuts, have the re- 3. Reimbursement for OASIS labor costs from other home health expenses sources they need to provide quality costs. It reimburses agencies for labor as home health agencies switch to a home care to the American public in a costs associated with OASIS assess- new payment system. cost-effective manner. ments, up to $30 per beneficiary annu- Home health care provides compas- RDF’S HOME HEALTH CARE LEGISLATION ally. Payments are authorized for FY sionate, at-home care to seniors and My legislation provides for some 2001–2003. people with disabilities in cities and common sense provisions to ease the This is needed because the final rule towns throughout Wisconsin. Without transition to the new PPS system. provides for only a modest payment per it, many patients have no choice but to Under the first provision, the Health episode, despite an estimated hour of go to a nursing home, or even an emer- Care Financing Administration would

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Across the coun- medicare program. S. 740 try, home health agencies have had to S. 2330 At the request of Mr. CRAIG, the spend millions of dollars buying new At the request of Mr. ROTH, the name name of the Senator from South Caro- computers and software which can han- of the Senator from New Hampshire lina (Mr. HOLLINGS) was added as a co- dle the new PPS. This provision also (Mr. GREGG) was added as a cosponsor sponsor of S. 740, a bill to amend the targets those small agencies with a of S. 2330, a bill to amend the Internal Federal Power Act to improve the hy- lesser cash flow and are relatively Revenue Code of 1986 to repeal the ex- droelectric licensing process by grant- more affected by the burdensome regu- cise tax on telephone and other coming the Federal Energy Regulatory lations. munication services. Commission statutory authority to My bill also includes compensation S. 2527 for agencies who must perform patient better coordinate participation by At the request of Mr. DEWINE, his outcome assessments under the new other agencies and entities, and for name was added as a cosponsor of S. rules. We should recognize that physi- other purposes. 2527, a bill to amend the Public Health cians’ time is precious, and that we S. 1066 Service Act to provide grant programs cannot expect them to provide accu- At the request of Mr. ROBERTS, the to reduce substance abuse, and for rate, helpful data if every hour they name of the Senator from Illinois (Mr. other purposes. spend filling out forms is an hour less FITZGERALD) was added as a cosponsor S. 2528 treatment that the agency can afford of S. 1066, a bill to amend the National At the request of Ms. COLLINS, the to provide. Agricultural Research, Extension, and name of the Senator from Iowa (Mr. Finally, the bill carves out funding Teaching Policy Act of 1977 to encour- GRASSLEY) was added as a cosponsor of for non-routine medical supplies from age the use of and research into agri- S. 2528, a bill to provide funds for the the PPS, so that agencies who treat pa- cultural best practices to improve the purchase of automatic external tients with complex medical needs are environment, and for other purposes. defibrillators and the training of indi- not punished with low payments. We S. 1074 viduals in advanced cardiac life sup- must ensure that all beneficiaries have At the request of Mr. TORRICELLI, the port. the choice to receive care at home, and name of the Senator from Virginia (Mr. S. 2612 not be turned down or shut out of the ROBB) was added as a cosponsor of S. At the request of Mr. DEWINE, his market because agencies are afraid 1074, a bill to amend the Social Secu- name was added as a cosponsor of S. that they’ll be too costly to assist. rity Act to waive the 24-month waiting 2612, a bill to combat Ecstasy traf- These are sensible changes which go period for medicare coverage of indi- ficking, distribution, and abuse in the a long way to alleviate the burden that viduals with amyotrophic lateral scle- United States, and for other purposes. the change to the Prospective Payment rosis (ALS), and to provide medicare S. 2644 System has imposed on the agencies. coverage of drugs and biologicals used At the request of Mr. GORTON, the These changes will allow agencies to for the treatment of ALS or for the al- name of the Senator from Maryland focus their care on Medicare bene- leviation of symptoms relating to ALS. (Mr. SARBANES) was added as a cospon- ficiaries, and reduce their burden as S. 1128 sor of S. 2644, a bill to amend title they transition to PPS. XVIII of the Social Security Act to ex- At the request of Mr. KYL, the name ACCESS TO CARE of the Senator from New Hampshire pand medicare coverage of certain self- In Wisconsin, over 46 Medicare home injected biologicals. (Mr. SMITH) was added as a cosponsor health providers have shut down since of S. 1128, a bill to amend the Internal S. 2645 the implementation of Interim Pay- Revenue Code of 1986 to repeal the Fed- At the request of Mr. THOMPSON, the ment System. Still more have shrunk- eral estate and gift taxes and the tax names of the Senator from Alabama en their service areas, stopped accept- on generation-skipping transfers, to (Mr. SESSIONS), the Senator from Iowa ing Medicare patients, or refused as- provide for a carryover basis at death, (Mr. GRASSLEY), and the Senator from signment for high cost patients be- and to establish a partial capital gains Alabama (Mr. SHELBY) were added as cause the payments are simply too low. exclusion for inherited assets. cosponsors of S. 2645, a bill to provide So, what do these changes mean for for the application of certain measures Medicare beneficiaries? Well, quite S. 1874 to the People’s Republic of China in re- frankly, in many parts of Wisconsin, At the request of Mr. DEWINE, his sponse to the illegal sale, transfer, or beneficiaries in certain areas or with name was added as a cosponsor of S. misuse of certain controlled goods, certain diagnoses simply don’t have ac- 1874, a bill to improve academic and so- services, or technology, and for other cess to home health care. The Interim cial outcomes for youth and reduce purposes. Payment System has created disincen- both juvenile crime and the risk that S. 2739 tives to treat patients with expensive youth will become victims of crime by At the request of Mr. LAUTENBERG, medical diagnoses. Few agencies, if providing productive activities con- the names of the Senator from New any, can afford to care for patients ducted by law enforcement personnel Hampshire (Mr. SMITH) and the Senator with expensive medical diagnosis. during non-school hours. from Nevada (Mr. REID) were added as CONCLUSION S. 1941 cosponsors of S. 2739, a bill to amend I believe that Congress must take a At the request of Mr. DODD, the name title 39, United States Code, to provide serious look at what refinements need of the Senator from New Mexico (Mr. for the issuance of a semipostal stamp to occur to ensure that our home bound BINGAMAN) was added as a cosponsor of in order to afford the public a conven- elderly and disabled constituents— S. 1941, a bill to amend the Federal ient way to contribute to funding for among the frailest and most vulnerable Fire Prevention and Control Act of 1974 the establishment of the World War II people we serve—can receive the serv- to authorize the Director of the Fed- Memorial. ices they need. eral Emergency Management Agency S. 2769 Without that fine-tuning, I am quite to provide assistance to fire depart- At the request of Mr. DEWINE, his certain that more home health agen- ments and fire prevention organiza- name was added as a cosponsor of S. cies in Wisconsin and across our coun- tions for the purpose of protecting the 2769, a bill to authorize funding for Na- try will close, leaving some of our public and firefighting personnel tional Instant Criminal Background frailest Medicare beneficiaries without against fire and fire-related hazards. Check System improvements.

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S. RES. 268 Whereas the sculptures of the Parthenon as possible to facilitate the return of the At the request of Mr. EDWARDS, the were designed as an integral part of the Parthenon Marbles to Greece before the name of the Senator from Michigan structure of the Parthenon temple; the carv- Olympics in 2004. ings of the friezes, pediments, and metopes (Mr. LEVIN) was added as a cosponsor of f are not merely statuary, movable decorative S. Res. 268, a resolution designating art, but are integral parts of the Parthenon, CONCURRENT RESOLUTION 128— July 17 through July 23 as ‘‘National which can best be appreciated if all the Par- URGING THE NOBEL COMMISSION Fragile X Awareness Week.’’ thenon Marbles are reunified; TO AWARD THE NOBEL PRIZE S. RES. 294 Whereas the Parthenon has served as a FOR PEACE TO HIS HOLINESS, At the request of Mr. ABRAHAM, the place of worship for ancient Greeks, Ortho- POPE JOHN PAUL II, FOR HIS name of the Senator from New Mexico dox Christians, Roman Catholics, and Mus- DEDICATION TO FOSTERING lims; (Mr. BINGAMAN) was added as a cospon- Whereas the Parthenon has been adopted PEACE THROUGHOUT THE sor of S. Res. 294, a resolution desig- by imitation by the United States in many WORLD nating the month of October 2000 as preeminent public buildings, including the Mr. SANTORUM submitted the fol- ‘‘Children’s Internet Safety Month.’’ Lincoln Memorial; lowing concurrent resolution; which S. RES. 304 Whereas the Parthenon is a universal sym- was referred to the Committee on For- bol of culture, democracy, and freedom, At the request of Mr. BIDEN, the making the Parthenon Marbles of concern eign Relations: names of the Senator from Missouri not only to Greece but to all the world; S. CON. RES. 128 (Mr. BOND) and the Senator from Ar- Whereas, since obtaining independence in Whereas His Holiness, Pope John Paul II, kansas (Mr. HUTCHINSON) were added as 1830, Greece has sought the return of the has worked tirelessly and as much as any cosponsors of S. Res. 304, a resolution Parthenon Marbles; other world leader to bring peace to regions expressing the sense of the Senate re- Whereas the return of the Parthenon Mar- of the world which have known strife, intol- garding the development of edu- bles would be a profound demonstration by erance, and violence for far too long; cational programs on veterans’ con- the United Kingdom of its appreciation and Whereas His Holiness, Pope John Paul II, respect for the Parthenon and classical art; tributions to the country and the des- knows the persecution of oppression, having Whereas, even without considering the studied for the priesthood in secrecy and ignation of the week that includes Vet- legal issues surrounding the removal of the having seen those he grew up with killed and erans Day as ‘‘National Veterans Parthenon Marbles, the United Kingdom victimized due to the Nazi Occupation, and Awareness Week’’ for the presentation should return them in recognition that the later witnessing firsthand the communist of such educational programs. Parthenon is part of the cultural heritage of subjugation of his native Poland; the entire world and, as such, should be S. RES. 329 Whereas His Holiness, Pope John Paul II, made whole; since his installment as Cardinal of the At the request of Mr. L. CHAFEE, the Whereas Greece would provide care for the Church, has traveled more extensively name of the Senator from Pennsyl- Parthenon Marbles equal or superior to the throughout the world than any predecessor, vania (Mr. SANTORUM) was added as a care provided by the British Museum, espe- spreading his message of peace, religious cosponsor of S. Res. 329, a resolution cially considering the irreparable harm freedom, and human dignity; urging the Government of Argentina to caused by attempts by the museum to re- Whereas His Holiness, Pope John Paul II, pursue and punish those responsible for move the original color and patina of the was instrumental in the demise of com- the 1994 attack on the AMIA Jewish marbles with abrasive cleaners; munism in his native Poland, which in turn Whereas Greece is constructing a new, per- fostered the spread of democracy throughout Community Center in Buenos Aires, manent museum to house all the Marbles, Argentina. the world; protected from the elements and in full view Whereas His Holiness, Pope John Paul II, f of the Acropolis; has reached out in an unprecedented manner Whereas Greece and various international to people of other beliefs and religions to es- SENATE CONCURRENT RESOLU- committees have pledged to work with the TION 127—EXPRESSING THE tablish a dialog which may lead to greater British government to negotiate mutually understanding, healing, and harmony, in- SENSE OF THE CONGRESS THAT agreeable conditions for the return of the cluding praying for unity among Christian THE PARTHENON MARBLES Parthenon Marbles; churches, reaching out towards a reconcili- SHOULD BE RETURNED TO Whereas the people of the United Kingdom ation with the Jewish people, and specifi- GREECE; TO THE COMMITTEE ON do not have an ancient bond to the Par- cally acknowledging those times the Catho- FOREIGN RELATIONS thenon Marbles, given that the Marbles have lic Church has failed to act in accordance been in London for less than 200 years of the with its teachings; Mr. FITZGERALD submitted the fol- over 2,430 year history of the Parthenon was Whereas in March of this year, His Holi- lowing resolution; which was referred built, and as evidenced by a 1998 poll in ness, Pope John Paul II, led a historic pil- to the Committee on Foreign Rela- which only 15 percent of the Britons polled grimage to the Middle East, including Jor- tions: recalled having seen the Marbles in the Brit- dan, Israel, and the Palestinian territories, ish Museum; S. CON. RES. 127 preaching coexistence, peace, tolerance, and Whereas the British people support the re- goodwill throughout this historically con- Whereas the Parthenon was built on the turn of the Parthenon Marbles, as reflected flicted territory; and hill of the Acropolis at Athens, Greece in the in several recent polls; Whereas His Holiness, Pope John Paul II, mid-fifth century B.C. under the direction of Whereas a resolution signed by a majority has used his position as a world leader to be- the Athenian statesman Pericles and the de- of members of the European Parliament come the foremost voice to foster ties of sign of the sculptor Phidias. urged the British government to return the brotherhood and for the promotion of peace Whereas the Parthenon is the ultimate ex- Parthenon Marbles to their natural setting and reconciliation in the world today: Now, pression of the artistic genius of Greece, the in Greece; preeminent symbol of the Greek cultural therefore, be it Whereas the British House of Commons Se- Resolved by the Senate (the House of Rep- heritage—its art, architecture, and democ- lect Committee on Culture, Media and Sport resentatives concurring), That the Congress racy—and of the contributions that modern is to be commended for examining the issue urges the Nobel Commission to award the Greeks and their forefathers have made to of the disposition of the Parthenon Marbles Nobel Prize for Peace to His Holiness, Pope civilization; in hearings held this year; John Paul II. Whereas over 100 pieces of the Parthenon’s Whereas returning the Parthenon Marbles sculptures—now known as the Parthenon to Greece would be a gesture of good will on f Marbles—were removed from the Parthenon the part of the British Parliament, and SENATE CONCURRENT RESOLU- under questionable circumstances between would in no way affect the disposition of TION 129—EXPRESSING THE 1801 and 1816, while Greece was still under other objects in museums around the world; SENSE OF CONGRESS REGARD- Ottoman rule; and Whereas the removal of the Parthenon Whereas in 2004 the Olympics will return to ING THE IMPORTANCE AND Marbles, including their perilous voyage to Greece, where the Olympics began, and the VALUE OF EDUCATION IN Great Britain and their careless storage Parthenon Marbles should be returned to UNITED STATES HISTORY there for many years, greatly endangered the their home in Athens by that time: Now, Mr. LIEBERMAN (for himself, Mr. Marbles; therefore, be it GORTON, Mr. SMITH of Oregon, Mr. Whereas the Parthenon Marbles were re- Resolved by the Senate (the House of Rep- moved to grace the private home of Lord resentatives concurring), That it is the sense CLELAND, Mr. BYRD, Mr. CONRAD, Mr. Elgin, who transferred the Marbles to the of the Congress that the Government of the BENNETT, and Mr. GRAMS) submitted British Museum only after severe personal United Kingdom should enter into negotia- the following concurrent resolution; economic misfortunes; tions with the Government of Greece as soon which was considered and agreed to:

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RES. 129 SENATE RESOLUTION 332—EX- (1) commends the parties for progress to Whereas basic knowledge of United States PRESSING THE SENSE OF THE date in implementing all aspects of the Good history is essential to full and informed par- SENATE WITH RESPECT TO THE Friday Agreement and urges them to move ticipation in civic life and to the larger vi- PEACE PROCESS IN NORTHERN expeditiously to complete the implementation; brancy of the American experiment in self- IRELAND government; (2) believes that the full and speedy imple- Whereas basic knowledge of the past serves Mr. KENNEDY (for himself, Mr. mentation of the recommendations of the as a civic glue, binding together a diverse DODD, Mr. LEAHY, and Mr. MACK) sub- Independent Commission on Policing for people into a single Nation with a common mitted the following resolution; which Northern Ireland holds the promise of ensur- purpose; was referred to the Committee on For- ing that the police service in Northern Ire- Whereas citizens who lack knowledge of eign Relations: land will gain the support of both national- United States history will also lack an un- ists and unionists and that ‘‘policing struc- S. RES. 332 derstanding and appreciation of the demo- tures and arrangements are such that the po- cratic principles that define and sustain the Whereas the April 10, 1998 Good Friday lice service is fair and impartial, free from Nation as a free people, such as liberty, jus- Agreement established a framework for the partisan political control, accountable...to tice, tolerance, government by the consent peaceful settlement of the conflict in North- the community it serves, representative of of the governed, and equality under the law; ern Ireland; the society that it polices...[and] complies Whereas a recent Roper survey done for Whereas the Good Friday Agreement stat- with human rights norms’’, as mandated by the American Council of Trustees and Alum- ed that it provided ‘‘the opportunity for a the Good Friday Agreement; and ni reveals that the next generation of Amer- new beginning to policing in Northern Ire- (3) calls upon the British Government to ican leaders and citizens is in danger of los- land with a police service capable of attract- fully and faithfully implement the rec- ing America’s civic memory; ing and sustaining support from the commu- ommendations contained in the September 9, Whereas the Roper survey found that 81 nity as a whole’’; 1999, Patten Commission report on policing. Whereas the Good Friday Agreement pro- percent of seniors at elite colleges and uni- Mr. KENNEDY. Mr. President, today versities could not answer basic high school vided for the establishment of an Inde- Senators DODD, LEAHY, MACK, and I are level questions concerning United States his- pendent Commission on Policing to make tory, that scarcely more than half knew gen- ‘‘recommendations for future policing ar- introducing a resolution on police re- eral information about American democracy rangements in Northern Ireland including form in Northern Ireland. and the Constitution, and that only 22 per- means of encouraging widespread commu- Policing has long been a contentious cent could identify the source of the most fa- nity support for these arrangements’’; issue in Northern Ireland. The deep his- mous line of the Gettysburg Address; Whereas the Independent Commission on torical divisions in Northern Ireland Whereas many of the Nation’s colleges and Policing, led by Sir Christopher Patten, con- have, according to the April 19, 1998 cluded its work on September 9, 1999 and pro- universities no longer require United States Good Friday Agreement, made policing history as a prerequisite to graduation, in- posed 175 recommendations in its final report to ensure a new beginning to policing, con- ‘‘highly emotive, with great hurt suf- cluding 100 percent of the top institutions of fered and sacrifices made by many in- higher education; sistent with the requirements in the Good Whereas 78 percent of the Nation’s top col- Friday Agreement; dividuals and their families.’’ leges and universities no longer require the Whereas the Patten report explicitly The Good Friday Agreement pre- study of any form of history; ‘‘warned in the strongest terms against cher- sented an historic opportunity to cre- Whereas America’s colleges and univer- ry-picking from this report or trying to im- ate a new police service that is ac- sities are leading bellwethers of national pri- plement some major elements of it in isola- countable, impartial, representative, orities and values, setting standards for the tion from others’’; based on respect for human rights, and whole of the United States’ education sys- Whereas section 405 of the Admiral James W. Nance and Meg Donovan Foreign Rela- that works in constructive partnership tem and sending signals to students, teach- with the entire community. It provided ers, parents, and public schools about what tions Authorization Act, Fiscal Years 2000 every educated citizen in a democracy must and 2001 (as contained in H.R. 3427, as en- for the establishment of an Inde- know; acted by section 1000(a)(7) of Public Law 106– pendent Commission on Policing to Whereas many of America’s most distin- 113, and as contained in appendix G to such make recommendations for Northern guished historians and intellectuals have ex- Public Law) requires President Clinton to Ireland, including ways to encourage pressed alarm about the growing historical certify, among other things, that the Gov- widespread community support for the illiteracy of college and university graduates ernments of the United Kingdom and Ireland police. The Commission, chaired by Sir and the consequences for the Nation; and are committed to assisting in the full implementation of the recommendations con- Christopher Patten, concluded its work Whereas the distinguished historians and on September 9, 1999, and issued a final intellectuals fear that without a common tained in the Patten Commission report civic memory and a common understanding issued on September 9, 1999 before the Fed- report with 175 recommendations to en- of the remarkable individuals, events, and eral Bureau of Investigation or any other sure a new beginning for policing in ideals that have shaped the Nation, people in Federal law enforcement agency can provide Northern Ireland. the United States risk losing much of what training for the Royal Ulster Constabulary; On May 5, a joint letter by the Brit- it means to be an American, as well as the Whereas a May 5, 2000, joint letter by the ish Prime Minister and the Irish Prime ability to fulfill the fundamental responsibil- British Prime Minister and the Irish Prime Minister stated that ‘‘legislation to im- ities of citizens in a democracy: Now, there- Minister stated that ‘‘legislation to imple- plement the Patten report will, subject fore, be it ment the Patten report will, subject to Par- to Parliament, be enacted by November Resolved by the Senate (the House of Rep- liament, be enacted by November 2000’’; resentatives concurring), That it is the sense Whereas on May 16, 2000 the British Gov- 2000.’’ On May 16, the British Govern- of Congress that— ernment published the proposed Police ment published its proposed legislation (1) the historical illiteracy of America’s (Northern Ireland) bill, which purports to to implement in law the Patten report. college and university graduates is a serious implement in law the Patten report; Unfortunately, the draft bill does not problem that should be addressed by the Na- Whereas many of the signatories to the live up to the letter or spirit of the tion’s higher education community; Good Friday Agreement have stated that the Patten report. It dilutes or does not (2) boards of trustees and administrators at draft bill does not live up to the letter or implement many of its key rec- institutions of higher education in the spirit of the Patten report and dilutes or ommendations. Northern Ireland’s United States should review their curricula does not implement many key recommenda- main nationalist parties and represent- and add requirements in United States his- tions of the Patten Commission; atives of the Catholic Church are deep- tory; Whereas Northern Ireland’s main nation- (3) State officials responsible for higher alist parties have indicated that they will ly concerned about the proposed legis- education should review public college and not participate or encourage participation in lation, and they have indicated that university curricula in their States and pro- the new policing structures unless the Pat- they will not participate or encourage mote requirements in United States history; ten report is fully implemented; and participation in the new policing struc- (4) parents should encourage their children Whereas on June 15, 2000, British Secretary tures unless the Patten report is fully to select institutions of higher education of State for Northern Ireland Peter implemented. I ask unanimous consent with substantial history requirements and Mandelson said, ‘‘I remain absolutely deter- that documents outlining concerns students should take courses in United mined to implement the Patten rec- with the draft legislation may be in- States history whether required or not; and ommendations and to achieve the effective cluded in the RECORD at the end of my (5) history teachers and educators at all and representative policing service, accepted levels should redouble their efforts to bolster in every part of Northern Ireland, that his remarks. the knowledge of United States history report aimed to secure’’: Now, therefore, be British Secretary of State for North- among students of all ages and to restore the it ern Ireland, Peter Mandelson, has rec- vitality of America’s civic memory. Resolved, That the Senate— ognized that the bill ‘‘will need fine

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On their the Patten recommendations and to that are appropriate to a democratic state, model—given early and scheduled retire- and that will stabilize Northern Ireland. ments of serving officers—this policy would achieve the effective and representa- My assessment is negative on both counts. ensure that 30 percent of the service would tive policing service—accepted in every The Bill therefore requires radical amend- be of Catholic origin by year 10, and between part of Northern Ireland—that his re- ment by the friends of the Belfast Agreement 17 percent and 19 percent within four years port aimed to secure.’’ in Parliament, and if these radical amend- (above the critical mass of 15 percent that The resolution we are introducing ments are not made I believe it is essential they claimed is necessary to change the po- today expresses the Sense of the Sen- that genuine supporters of the Agreement lice’s character). This is a significantly slow- ate that the full and speedy implemen- should vote against this Bill becoming law. er pace of change than some of us advocated, tation of the recommendations of the It does not implement the Patten Report: but the commissioners justified it because Independent Commission on Policing What it implements is a slightly re-worked they wished to avoid a service that would version of the Police (Northern Ireland) Act have non-Catholic Chiefs and Catholic Indi- for Northern Ireland holds the best of 1998, with half-hearted nods in the direc- ans. By intending to make each successive hope of ensuring that the police service tion of Patten. It is not just not good cohort religiously representative now, and in Northern Ireland will gain the sup- enough; in some respects it is worse than the by ensuring that the new service would be port of both nationalists and unionists status quo. seen as impartial, the commissioners had an and that ‘‘policing structures and ar- The Patten Report, by contrast, met its arguable case. Steps would, of course, still rangements are such that the police terms of reference under the Belfast Agree- need to be taken to ensure that the new service is fair and impartial, free from ment. Eight criteria were either explicitly or Catholics are broadly representative of the implicitly mandated for the commissioner, I partisan political control, accountable Catholic community—i.e. mostly nationalist shall compare these directly with what is of- or republican in political opinion. There . . . to the community it serves, rep- fered in the Bill before Parliament. would also need to be sufficient secondments resentative of the society that it po- IMPARTIALITY from the Garda Siochana and elsewhere to lices . . . [and] complies with human The first term of reference for Patten and ensure a representative array of senior police rights norms,’’ as mandated by the his commissioners was to recommend how to of Catholic origin. Good Friday Agreement. It calls upon create a widely acceptable ‘‘impartial’’ serv- The Police Bill makes a mockery of these the British Government to fully and ice. The Commission chose to avoid pro- recommendations. The period in which the faithfully implement the recommenda- posing an explicitly bi-national or bi-cul- police are to be recruited on a 50:50 basis has tions contained in the Patten Commis- tural police. Instead it plumped for neutral been reduced to three years, with any exten- impartiality between unionism/localism and sion requiring a decision by the Secretary of sion report. State. The Patten report explicitly ‘‘warned nationalism/republicanism. Its preference, the Northern Ireland Police Service (NIPS), The Bill is completely silent on aggrega- in the strongest terms against cherry- was a neutral title, not least because nation- tion, the policy proposed by Patten for deal- picking from this report or trying to alists in the 1998 referendum, North and ing with years in which there might be a implement some major elements of it South, overwhelmingly accepted the current shortfall in the recruitment of suitably in isolation from others.’’ Section 405 status of Northern Ireland as part of the UK, qualified cultural Catholics, and it is also of the Foreign Relations Authorization as long as a majority so determine. The RUC dangerously silent on targeting. The Bill Act (as enacted in the Consolidated Ap- was not a neutral title, so it was rec- does not even make clear whether the Gov- ommended to go, period. The codes of police ernment will explicitly do what is necessary propriations Act for FY2000, P.L. 106– to meet the ‘‘critical mass’’ identified by 113) requires President Clinton to cer- officers and their future training were to reflect a commitment to impartiality and re- Patten. tify that the British and Irish govern- spect for democratic unionism/loyalism and As drafted it is a recipe for minute change, ments are committed to assisting in democratic nationalism/republicanism. The that on current demographic trends will en- the full implementation of the Patten display of the Union flag and the portrait of sure that a shrinking minority of men of recommendations before the Federal the Queen at police stations were rec- unionist disposition will police a growing Bureau of Investigation or any other ommended to go to dissociate the police minority of nationalist disposition. federal law enforcement agency can from identification with the Union, the FREE FROM PARTISAN POLITICAL CONTROL provide training for the Royal Ulster Crown and the British nation. In Patten’s A third term of reference required Patten Constabulary. It would be extremely words symbols should be ‘‘free from associa- to propose policing arrangements ‘‘free from tion with the British or Irish states’’. unfortunate if the shortcomings in the partisan control.’’ Patten’s recommendations for a territory The Commission’s task was to ensure policing bill prevent President Clinton that is primarly divided into two commu- democratic accountability of policing ‘‘at all from making this certification. nities that are of almost equal size but that levels’’ while preventing any dominant polit- Police reform is essential in North- have rival national allegiances were entirely ical party from being able to direct the po- ern Ireland to ensure fairness and to sensible. They flowed straightforwardly from lice to their advantage. The proposed Polic- strengthen the peace process. The Pat- the Belfast Agreement’s commitment to es- ing Board was to meet this objective. On ten report has the potential to create a tablishing ‘‘parity of esteem’’ between the Patten’s model it would represent members genuine new police service that will national traditions, and the British govern- from political parties present in the Execu- ment’s commitment to ‘‘rigorous impar- tive, according to the d’Hondt rule of propor- have and deserve the trust of all the tiality’’ in its administration. people in Northern Ireland. It would be tional allocation. The District Policing Part- The Bill proposes that the Secretary of nership Boards (DPPBs) should also have a tragedy if this opportunity to achieve State be given the power to decide on the met this objective—twenty out of twenty six a new beginning in policing is lost. I issues of name and emblems at some point in local government districts now have office- urge the Senate to approve this resolu- the future, not a stay of execution, but a rotation or power-sharing agreements. tion. stay of decision. The Bill does not deal with Those seeking to amend the Bill should Mr. President, I ask unanimous con- these matters as Patten recommended, and consider formally extending the d’Hondt sent that additional material be print- this must be corrected as the Bill makes its principle to party representatives on the way through Parliament. It would not be a ed in the RECORD. DPPBs a step entirely consistent with the recipe for re-igniting conflict, and a gift to Agreement. There being no objection, the mate- republican dissidents, if the Secretary of rial was ordered to be printed in the The Bill thwarts Patten on the criterion of State were to opt, when he makes his deci- avoiding partisan control. By introducing a RECORD, as follows: sion, to retain the name of the RUC as part requirement that the Policing Board operate WHAT A TRAVESTY—POLICE BILL IS JUST A of the reformed police’s working title. according to a weighted majority when rec- PARODY OF PATTEN A title such as the ‘‘Police Service of ommending an inquiry it effectively re-es- (By Brendan O’Leary) Northern Ireland incorporating the RUC tablishes partisan unionist control. On Pat- There are two ways in which the Police whose long-serving members are not required ten’s model, ten members of the Policing (Northern Ireland) Bill before Parliament to take the new oath of service’’, would be a Board would come from the parties in the should be read. The first is to check whether mockery, replacing the virtues of political current Executive—currently five national- as promised by the Prime Minister, the Sec- compromise with surrender to blackmail. ists and five unionists, and the other nine retary of State, and the accompanying Ex- ‘‘REPRESENTATIVE’’ POLICE SERVICE would have been nominated by the First planatory Notes issued by the Northern Ire- Patten’s second term of reference was to Minister and Deputy First Ministers, which land Office it effectively implements the re- establish a ‘‘representative’’ police service. would likely and reasonably imply a slight port of the Independent Commission on Po- The commissioners proposed recruiting majority broadly of unionist disposition—a licing for Northern Ireland, and thereby is Catholics and non-Catholics in a 50:50 ratio reflection of Northern Ireland society. Under

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But even if this produces national, religious and cultural minorities, Policing should be organized in a self-gov- the same outcomes as joint nominations were welcomed as likely to ensure that po- erning democratic society by a plurality of from the First and Deputy First Ministers licing and legal arrangements have to per- agents and organizations, indeed by a net- the Bill’s proposed weighted majority rule form to higher standards than in the past, work of such organisations. It should not be will give unionists and unionist approved but other international norms were also held exclusively the responsibility of a mono- members a blocking minority on matters as out as benchmarks: ‘compliance * * * with lithic, centralised, line-hierarchy, detached fundamental as pursuing reasonable inquir- international human rights standards and and apart from the rest of society. Ultimate ies into allegations about police misconduct norms are * * * an important safeguard both responsibility for the security of persons and or incompetence. to the public and to police officers carrying property in society should remain with citi- This is a direct violation of the terms of out their duties’ (Patten, para: 5.17). Patten, zens and their representatives. This logic reference of the Agreement. para: 5.17). Patten’s proposed steps for nor- was apparent in the title and proposed EFFICIENT AND EFFECTIVE POLICING malizing the police dissolving the special organisation of the proposed ‘Policing Board’ branch into criminal investigations, and A fourth criterion set for Patten was to that was recommended to replace the demilitarising the police in step with hoped- promote ‘‘efficient and effective’’ policing present entirely unelected Police Authority for decommissioning, also met the human arrangements. Here the commissioners which, despite its name, has no authority rights objectives of the Agreement. and even less legitimacy. The Board, as scored highly. They deliberately avoided The Police Bill on this criterion, as in oth- false economies. Generous severance and emphasised, was to bring together ten elect- ers is almost a parody of the Patten Report. ed politicians drawn in proportion to their early retirement packages were to ease quite The Bill restricts the new oath, which in- fast changes in the composition and ethos of representative strength in seats, from the cludes a commitment to human rights to parties that comprise the new Executive the current personnel. They reasoned that an new officers. It incorporates no standards of over-sized police service could fulfill the fol- with nine appointed members, representative rights protection higher than that in the Eu- of a range of sectors of civil society, ‘busi- lowing tasks: ropean Convention. It places responsibility Begin a novel and far-reaching experiment ness, trade unions, voluntary organisations, for a Code of Ethics not with the Policing community groups and the legal profession’. in community policing; Board, but with the Chief Constable, who is Deter hard-line paramilitaries opposed to The elected members cannot be ministerial not obligated to consult the new Human the Agreement, and those tempted to return office-holders. The unelected members Rights Commission on its content. The Bill (under a devolved government) were to be ap- to active combat; explicitly excludes Patten’s proposed re- Manage large-scale public order functions pointed by the First and Deputy Ministers. quirement that an oath of service ‘respect (mostly occasioned by the Loyal Orders); and The Board was therefore envisaged as the traditions and beliefs’ of people. The Po- Facilitate faster changes in the services’ broadly representative, in both its elected licing Board cannot inquire into past police religious and gender composition than might and unelected members, and at one remove misconduct, and the Secretary of State is otherwise be possible. from direct executive power so that it was empowered to prevent the Ombudsman from The provisions enabling local governments less likely to become the mere instrument of so doing. to experiment and out-source policing serv- ministers. This was a sixth criterion that Patten had A similar logic lay behind Patten’s pro- ices were also designed to ‘‘market-test’’ ef- a meet; the Commission’s terms of reference fectiveness, while the steps recommended to posal to give the Board responsibility for ne- included ‘at all levels’. Accountable decen- gotiating the annual policing budget with produce greater ‘‘civilianisation’’ were to tralisation was proposed through giving di- free personnel for mainstream policing tasks the Northern Ireland Office, or with the ap- rectly elected local governments opportuni- propriate successor body after devolution’. and deliver long-run savings. ties to influence the policy formulation of The Bill is multiply at odds with Patten on The Report, contrary to what scare- the Policing Board though their own District efficiency and effectiveness. It fails to pro- mongers and the right-wing press suggested, Policing Partnership Boards. The latter vide a clearly effective system of account- was not intended to destroy the operational would not merely have had the power to ability, which means that existing inefficien- responsibility of the police, or indeed to question police district commanders but cies will continue to flourish, and ineffec- party-politicise its management. It was in- would have the ability to use their own re- tiveness will be overlooked. The Secretary of tended to let police managers manage, but to sources to ‘purchase additional services from State is, bizarrely, empowered to prevent an hold them, post-factum, to account for their the police or statutory agencies, or from the inquiry by the Policing Board if it is deemed implementation of the Policing Board’s gen- private sector’. not to be in the interests of efficiency and eral policing policy, and to enhance the The Patten Report sensibly also com- audit and investigative capacities of the the effectiveness of the police as if the prime mended significant internal decentralisation activity of a Board which requires a weight- Board in holding the police to account for within the police, stripping away redundant their implementation, financial and other- ed majority to start an enquiry will be to layers of management to free up district embark on wasteful investigations! The Sec- wise, of the Board’s policy. commanders to deliver sensitive policing ac- In the Patten Report’s vision the police retary of State, and not the Policing Board, cording to local needs. Better still, Patten is charged with setting targets and perform- should become fully part of a self-governing recommended matching police internal man- democratic society, transparently account- ance indicators for the police a recipe for agement units to local government districts. producing an ineffective Board, ‘not the able to its representatives, rather than a po- The Bill maintains centralisation in three tentially self-serving, unaccountable group strong independent and powerful Board’ that ways. First, it gives power to the Secretary Patten recommended. The full-time reserve, of budget maximisers, mission-committed to of State that Patten intended should be im- their own conceptions of good policing. The which Patten recommended should be dis- mediately devolved to the First and Deputy banded, in the interests of efficiency and pro- new service would have ‘operational respon- First Ministers. Secondly, the Bill weakens sibility’ but would have to justify its uses of moting fast changes in composition, is, so Patten’s recommendations regarding decen- far as I can tell, left on a statutory basis in its managerial discretion. tralisation to district councils and gives the What, by comparison with the Patten Re- the Bill. And the District Policing Partner- Secretary of State the right to issue instruc- port, is in the Bill? Proposals to strengthen ship Boards have been eviscerated because of tions to the DPPBs. the Secretary of State, to strengthen the propaganda about paramilitaries on the Patten recommended that these be able to powers of the Chief Constable, to weaken the rates. It is simply amazing that grown-up contribute up to the ‘equivalent of a rate of new Policing Board from its inception, and people could accuse Christopher Patten, an 3p in the pound’ to pay for extra policing to return policing to the police rather than intelligent Tory, of signing a report to sub- services to meet their distinctive needs. This have policing pressurised by and organized sidize paramilitarism; but it is perhaps more provision is not in the Bill. Thirdly, Patten by a network of mutually supportive agen- amazing that the Government can present was committed to the establishment of cies. this Bill as a text to implement the Patten neighborhood policing: that every neighbor- The Chief Constable has powers of refusal Report. hood should have a dedicated policing team, to respond to reasonable requests by the HUMAN RIGHTS CULTURE that its officers have their names and the Board. The Secretary of State, not the A fifth term of reference which Patten had names of their neighborhood displayed on Board, sets targets and performance indica- to meet was policing arrangements infused their uniforms, and that they should serve 3– tors. The Board cannot inquire into the past, with a human rights culture. Patten’s com- 5 years in the same neighborhood. The Bill and is more or less prevented from making missioners did their job. It is proposed that contains no such provisions. into inquiries into police misconduct or in- new and serving officers would have knowl- DEMOCRATIC ACCOUNTABILITY competence in the future. The Board’s role edge of human rights built into their train- The seventh and perhaps the most impor- in budgetary planning is, so far as I can tell, ing and re-training (provided by non-police tant criterion that Patten and his commis- downgraded into that of being a lobbying personnel) and their codes of practice. The sioners had to meet was ‘democratic ac- group for the Chief Constable. astonishing absence of legal personnel within countability’. The Board is in fact so weakened that the the RUC with expertise in human rights was Patten’s subject was ‘policing Northern old Policing Authority has quite correctly singled out for remedy. The incorporation of Ireland’ not ‘the police in Northern Ireland’. condemned the Bill—a response no one would

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The Chief Constable moval of all those things which are not es- they agreed or disagreed with a change of is not even required as a measure of trans- sential to effective, professional policing but the symbolism associated with the badge parency to declare his staff’s individual par- which continue to present a serious obstacle over 71% of Catholics agreed that the badge ticipation in secret societies. to recruitment among the vast majority of should be changed. This did not include the MEETING THE AGREEMENT? young Catholics. This included those aspects additional 19% who neither agreed nor dis- Lastly, the Patten Report and the Bill of current policing, such as the name and agreed. What this indicated clearly, but were supposed to be consistent with the let- badge, which require most young Catholics which is not admitted by those who pub- ter and the spirit of the Belfast Agreement. to forego their legitimate political and cul- lished the report, is that there was over- tural allegiances and to submit to an ethos whelming evidence of support in the Catholic Patten’s Report definitely met its terms of and a culture which is not only unfamiliar community for a change to the symbols and reference. The Bill does not. It is incompat- but also frequently hostile. As one young ethos of the RUC. ible with ‘parity of esteem’, ‘rigorous impar- Catholic put it, ‘‘How would a young Con- The second major weakness of the survey tiality’ by the UK government, and the ob- servative in England feel if, in order to pur- was that it did not focus on the opinions of jectives set for policing in the Agreement. sue a career in the police, they had to join those who are most relevant to the issue of The Bill does not in its unamended form rep- new Labour?’’. recruitment. that is—young Catholics—most resent the promised ‘new beginning’. It does As a result of their consultations, the notably those between 14 and 26 years of age. not ‘recognise the full and equal legitimacy bishops concluded, and made clear to the Principals of Catholic schools, leaders of and worth of the identities, senses of alle- government, that the only way of encour- Catholic youth clubs and clergy who were giance and ethos of all sections of the com- aging a sufficient number of young Catholics asked by the bishops about these issues were munity’. It will not produce a ‘service [that] to join the police service was to implement very clear about the opinion of this age is effective and efficient, fair and impartial, the Patten Report in full. group, in regard to the sectarian bias of the free from partisan political control; account- Many people who wanted no change to the RUC and the need to change the name and able . . . representative of the society it po- cultural domination of policing by unionism symbols if the recruitment of young Catho- lices . . . which conforms with human rights were quick to accuse the bishops of pro- lics in sufficient numbers was to become a norms’. It will not encourage ‘widespread moting ‘green agenda’, or of joining a ‘pan- possibility. The Police Authority survey did community support’ (all quotations from the nationalist front’, totally ignoring the fact not take account of the views of this impor- text of the Agreement). It has been seen that no one, including the bishops, had sug- tant group. through and condemned by the SDLP, the gested that the unionist domination of polic- At the end of the day the proverbial ‘‘dogs Women’s Coalition, the Catholic Church in ing should be exchanged for a nationalist in the street’’ know that the most serious Ireland, the Committee on the Administra- one. What was being proposed was a vision of obstacle to the recruitment of young Catho- tion of Justice, the Ombudsman, the existing a pluralist police service for a pluralist soci- lics remains the unapologetic and ongoing Police Authority, the Irish Government, and ety. The issue was not one of religious affili- effort of the unionist community to domi- President Clinton, as well as by Sinn Fein. ation as such, but of the right of all citizens nate policing and to obstruct the pluralist The Bill is a provocation, a fundamental to a neutral working environment, to pursue and community based ethos proposed by the breach of faith, perfidious Britannia in cari- a career in the noble profession of policing Patten Report. The failure of the secretary cature. without having to subjugate legitimate po- of state to remain faithful to key elements So what does the Bill represent? It rep- litical, cultural or religious convictions to of the Patten Report in the current Policing resents Old Britain. It has been drafted by an exaggerated Unionist ethos which has Bill and his willingness to subject a funda- the forces of conservatism, for the forces of nothing to do with professional policing. mental issue of cycle justice—the right to conservatism. It is a slightly smudged and Those unionist spokesmen on policing who representative policing—to the ‘‘spin and fudged facsimile of the 1998 Act. Unamended were disappointed with the Catholic win’’ of politics, has provided one of the it will ensure that neither the SDLP of Sinn Church’s position decided to react by em- greatest ‘‘obstacles to encouragement’’ for Fein will sit on the Policing Board, or rec- ploying an offensive distinction in their pub- young Catholics to have emerged in recent ommend their constituents * * * lic statements between what they now call years. In this context any appeal to the ‘‘reasonable’’ Catholics and ‘‘unreasonable’’ Catholic Church to ‘. . . make it a priority CRUCIAL ROLE FOR THE CHURCH ON POLICING Catholics, the latter of course referring to to encourage Catholics to join’ is unlikely to (By Fr. Tim Bartlett) that overwhelming majority of Catholics be taken up by Church leaders. If the govern- The Catholic Church has a crucial role to who do not subscribe to a unionist point of ment and the unionist community does have play in the debate about policing. On the one view. Apart from labelling the vast majority the recruitment of young Catholics as a pri- hand it represents the religious tradition of of Catholics, including the Catholic bishops ority, what hope has the Catholic Church? those who are most under-represented in the as ‘‘unreasonable’’, something which affirms If we are to achieve the new beginning to current provision of policing while at the the presence of an underlying ethnic superi- policing made possible through the inde- same time, as a specifically religious institu- ority within unionism, those who support a pendent adjudication of this issue by an tion, it exists and operates outside the con- continued unionist possession of policing independent commission, then it is time for fines of constitutional politics. As the trust- also decided to ‘‘spin’’ a number of statis- the unionist tradition to let go of its cul- ee of Catholic schools and of numerous youth tical findings about Catholics and policing. tural possession of policing and to acknowl- organisations it is also in a unique position The rate of Catholic applications we were edge the real pain, suffering and sectarian to influence that specific group which will told had risen to 20 percent since the bias which many Catholics have experienced, have to be encouraged to join the police serv- ceasefires. This was heralded as proof that and continue to experience, at the hands of ice if the huge religious and cultural imbal- the main obstacle to Catholic recruitment to the RUC. It is time for the British governance within policing is to be redressed, that the RUC had been the existence of a para- ment to acknowledge that most Catholics is—young Catholics. military threat. What was conveniently ig- have been ‘‘locked out’’ of policing for the The Independent Commission on Policing nored, however, was the fact that a 20 per- last 80 years because of their legitimately openly acknowledged this pivotal role of the cent application rate was merely a return to held political and cultural beliefs and that in Church in regard to recruitment. It appealed the level of application which had existed a pluralist society this cannot continue to be directly to bishops, priests and school teach- prior to the troubles. Even then, without the the case. ers to . . . take steps to remove all discour- existence of a paramilitary threat for almost The Catholic Church as gone to great agements to members of their communities 50 years, the maximum level of participation lengths, in recent months, to pay tribute to applying to join the police, and make it a in policing by Catholics for any sustained pe- the RUC and to acknowledge the great price priority to encourage them to apply. (15.2) riod was never more than 12 percent. that RUC officers have paid in the effort to While acknowledging that they did have a We were also told the results of a survey maintain stability and peace. Apart from role to play, the Catholic bishops were equal- by the Police Authority on issues such as the their various public statements, the decision ly clear in their response. The responsibility name and the badge. Interestingly the Police by Archbishop Brady to attend the George for removing those things which discourage Authority Report itself points out that we Cross award ceremony was a courageous and Catholics from joining the police service must always be cautious about the way in public acknowledgement by the Catholic rests, first and foremost, with the police which we interpret and use opinion survey bishops that the future of policing, indeed of service itself and not with the Church or findings (p. 42). Even more interestingly, sev- our whole society depends on giving due rec- community leaders. eral important aspects of this survey have ognition to the suffering and sacrifice which Drawing on their consultations with young been conveniently ignored by those who op- has been part of our collective past. What a Catholics in schools, with school principals pose a pluralist ethos in policing. One is the pity then that, as yet, Protestant Church and clergy, with lay people and legal profes- fact that in regard to the proposed change of leaders, unionist politicians and the British sionals, the Catholic bishops were crystal name the survey did not ask Catholics government in the current Policing Bill,

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have not found it possible to offer any simi- POLICE OMBUDSMAN AND POLICING BOARD rests considerable discretion in the Chief lar reassurance to the Catholic community In particular, the legislation significantly Constable, a constraint that is at odds with about the commitment of the Unionist-Brit- curtails the powers of the Police Ombudsman the overall approach envisioned by the Pat- ish tradition to the ‘‘new beginning to polic- and the Policing Board. In fact, as it now ten Report. We strongly urge that the Com- ing’’ promised by the Belfast agreement. stands, the legislation appears to undermine mission’s written terms of reference give Such reassurances, from such voices, while the very mechanism that the Patten Com- him the broadest scope, latitude and inde- surprising, would certainly be a welcome mission envisaged as necessary for holding pendence possible to enable him to effec- change. the police force and its Chief accountable. tively carry out his essential mission. ∑ Mr. LEAHY. Mr. President, I am a. Police Ombudsman HUMAN RIGHTS STANDARDS pleased to join Senators KENNEDY, With respect to the power of the Police Finally, we are concerned that the Bill fails to establish adequate means for incor- DODD, and MACK in introducing this Ombudsman, the Patten Commission rec- porating a human rights culture into polic- resolution on police reform in Northern ommended that: ‘‘[The Ombudsman] should exercise the ing in Northern Ireland. Members of the Pat- Ireland. ten Commission understood that inter- Police reform is necessary in North- power to initiate inquiries and investigations even if no specific complaint has been national norms are important safeguards to ern Ireland to guarantee fairness and received . . . (and) should exercise the right both ‘‘the public and to the police officers to advance the peace process. to investigate and comment on police poli- carrying out their duties.’’ (Recommenda- Our resolution expresses the Sense of cies and practices, where these are perceived tion 5.17). The Police Bill should reflect this the Senate that the full and speedy im- to give rise to difficulties.’’ (Recommenda- principle at every opportunity—in defining plementation of the Patten Commis- tion 38). the function of the Police Board, the role of the police, and organising principles of the sion’s recommendations on reforming In rejecting both the spirit and the letter of this recommendation, you indicated at the Code of Ethics. the police service in Northern Ireland Official accountability is an essential key Second Reading that you believed you were holds the promise of ensuring that the to building public confidence in a new polic- right ‘‘to resist the suggestion that the Om- ing institution in Northern Ireland. I am police service will gain the support of budsman should also have powers to review sure you can appreciate that without this both nationalists and unionists. It calls the policies and practices of the police serv- public credibility, all reform efforts will be on the British Government to fully and ice.’’ You proposed, instead, that she would seriously undermined. You have been pre- faithfully implement the recommenda- be able to raise wider issues only in the sented with a unique opportunity to insti- course of investigating individual com- tions included in the Patten Commis- tute effective and lasting reforms within the sion report. It also commends the par- plaints. The government’s proposal, if accepted, police in Northern Ireland which puts a pre- ties to the Good Friday Agreement for mium on respect for human rights. If suc- progress to date in implementing all will create a system that would allow the Ombudsman to only address patterns of mis- cessful, the Northern Ireland experience aspects of the Good Friday Agreement conduct by chance. Such an inquiry would could become a model for other countries and urges them to move expeditiously only be triggered if a person happens to come around the world embarking on their own to complete the implementation. forward with an individual complaint that path to reform. But success must be built on Mr. President, I ask unanimous con- also reveals a wider issue. This is contrary to a legislative framework that ensures the the Patten Commission’s recommendation, fullest official accountability. sent that documents which raise con- We will continue to closely monitor the de- and does not seem the most effective way to cerns about police reform legislation velopment of this legislation. We look for- monitoring police adherence to human rights be included at the end of my remarks. ward to hearing from you and would wel- standards. I urge my colleagues to approve this come the opportunity to meet with you or resolution. b. Policing Board your representatives to discuss these issues There being no objection, the mate- In proposing the creation of a police board, further. rial was ordered to be printed in the the Patten Commission recognised that the Respectfully, Board could only be effective if it were inde- MICHAEL POSNER, RECORD, as follows: pendent and powerful. (see Patten Report, Executive Director. LAWYERS COMMITTEE paragraph 6.23). The Commission proposed FOR HUMAN RIGHTS, that the Policing Board have power to ini- POLICE BILL LOOKS SET TO RENDER POLICING New York, NY, June 16, 2000. tiate inquiries so that it had an alternative BOARD INEFFECTIVE Re Northern Ireland police bill. mechanisms to ensure accountability, and The Police Authority today expressed The Rt. Hon. PETER MANDELSON, not be limited to the extreme remedy of call- ‘‘deep concern’’ about the new Police (NI) Secretary of State for Northern Ireland, North- ing upon the Chief Constable to retire. Bill 2000. ern Ireland Office, Stormont Castle, Belfast, In rejecting this recommendation, the pro- Authority Chairman Pat Armstrong Northern Ireland. posed legislation bars the Policing Board’s stressed that although the body was reluc- ability to inquire into past misconduct and tant to criticise new legislation it felt it had DEAR MR. MANDELSON: We are writing to you to convey our continued concern about gives the Secretary of State the power to no alternative. ‘‘The Police Authority hoped to have been the proposed Northern Ireland Police Bill. prevent the Ombudsman from doing so. Al- able to give the same broad welcome to this We recognise the difficult choices you face in though we are pleased that you have indi- Bill which it gave to the Patten report when implementing a comprehensive program of cated your initial proposal has ‘‘probably gone too far in the limitations’’ imposed on it was published. police reform in Northern Ireland. We are ‘‘We want to see policing in Northern Ire- aware also of the deep sensitivities sur- the Policing Board’s powers, we are concerned that you appear to still believe that land move forward. Although the main pub- rounding the police issues that cut across re- lic focus on this legislation so far has been ligious, racial and political lines. We com- the power to initiate inquiries is ‘extreme’. We urge you to ensure that the legislation about the name and symbols of the police mend you for the time and attention you service, we feel that damaging limitations have directed to this highly important sub- reflects the Patten Commission’s major emphasis on the centrality of human rights by on the powers of the new Policing Board rep- ject. It is precisely because it is so important resent the real meat of the debate. that we write to you again following our let- granting these monitoring bodies the power proposed by the Commission. ‘‘The Police Authority has worked vigi- ter on May 26, to register concerns that arise lantly for the last thirty years to ensure po- OVERSIGHT COMMISSIONER out of the debate at the Second Reading of lice accountability to the people of Northern the Bill. The new Oversight Commissioner, Mr. Con- Ireland and to protect the police service At the Reading, you emphasised the need stantine, will have a critically important from political intervention. In doing so we to concentrate on ‘‘detail’’ and to move away role in implementing police reform and re- have made no secret of the fact that our from ‘‘rhetoric’’ and ‘‘hyperbole’’. We agree, structuring. The Patten Commission’s Re- powers have always been severely limited by and recognise that this is a critical time to port proposed wide powers and latitude for the restrictions imposed on us by successive ensure that the legislation accurately em- the Oversight Commissioner. We are pleased Secretaries of State. bodies the recommendations made by the that the Commissioner’s terms of reference ‘‘We therefore welcomed Patten’s proposal Patten Commission. However, we take will have a statutory basis, and we look for- and believed it would at long last create a strong exception to your assertion that the ward to studying the amendments brought strong, independent and powerful Policing ‘‘spirit as well as the letter’’ of the Bill you forward on this point. We consider it vital Board for the community at large. are proposing fully implements the Patten that the Oversight Commissioner’s mandate ‘‘Worryingly, the early signs in this Bill Commission’s recommendations. To the con- relates to his responsibility for overseeing are that the Secretary of State is trying to trary, we are greatly concerned that the pro- the implementation of the breadth of change curb the powers of this new Board and sub- posed legislation fails to implement key ele- envisaged in the Patten Commission’s rec- stantially weaken its credibility before it ments of the Patten Commission’s Rec- ommendations, and not simply the Imple- even gets off the ground. ommendations especially relating to Police mentation Plan. From a cursory reading of ‘‘While we haven’t had the opportunity to accountability. the Implementation Plan, it is clear that it analyze the full impact of the Secretary of

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6266 CONGRESSIONAL RECORD — SENATE June 30, 2000 State’s proposals, it seems that if the legis- COLLINS (AND OTHERS) on Health, Education, Labor, and Pensions of lation goes through as it stands, the new Po- AMENDMENT NO. 3702 the Senate, and the Committee on Appro- licing Board could actually have less power priations, a report concerning the results of then the current Police Authority—a situa- Mr. SPECTER (for Ms. COLLINS (for the study conducted under subsection (a), in- tion we find ludicrous and totally unaccept- herself, Mr. FEINGOLD, Mr. JEFFORDS, cluding the recommendations described in able.’’ Mr. BIDEN, Mrs. MURRAY, Mr. ENZI, Mr. paragraph (4) of such subsection. ‘‘Police planning and financial control are WELLSTONE, Mr. BINGAMAN, Mr. ROBB, two key areas where it seems the new Board Mr. KERRY, Mr. ABRAHAM, and Mr. BINGAMAN (AND OTHERS) will have a reduced role, while the Secretary REED)) proposed an amendment to the AMENDMENT NO. 3706 of State enjoys greater influence. bill, H.R. 4577, supra; as follows: ‘‘And where the Board was supposed to get (Ordered to lie on the table.) On page 24, line 1, strike ‘‘and’’. new powers, it seems rigid restrictions have Mr. HARKIN (for Mr. BINGAMAN (for On page 24 line 7, insert before the colon been imposed. On the power to initiate himself, Mr. REID, Ms. COLLINS, and enquiries for example, it is difficult to see the following; ‘‘, and of which $4,000,000 shall Mr. DEWINE)) proposed an amendment how the Board could ever satisfy all the con- be provided to the Rural Health Outreach Of- ditions required by the Secretary of State.’’ fice of the Health Resources and Services Ad- to the bill, H.R. 4577, supra; as follows: ‘‘This is not the first time that Govern- ministration for the awarding of grants to On page 59, line 12, before the period insert ment has attempted to control policing in community partnerships in rural areas for the following: ‘‘: Provided further, That of the Northern Ireland. In our original submission the purchase of automated external amount made available under this heading to the Patten Commission we catalogued defibrillators and the training of individuals for activities carried out through the Fund consistent attempts by the Government over in basic cardiac life support’’. for the Improvement of Education under part the years to suppress the powers of the Po- A of title X, $10,000,000 shall be made avail- lice Authority. JEFFORDS AMENDMENT NO. 3703 able to enable the Secretary of Education to ‘‘Successive Authorities have resisted such award grants to develop and implement attempts by Government to directly influ- Mr. SPECTER (for Mr. JEFFORDS) school dropout prevention programs’’. ence policing and we will continue to do so proposed an amendment to the bill, in guarding against any weakening of the H.R. 4577, supra; as follows: REID AMENDMENT NO. 3707 powers envisaged by Patten for the new Po- On page 43, line 9, before the colon, insert licing Board. The Patten report itself stated, the follow: ‘‘, of which 5,000,000 shall be (Ordered to lie on the table.) ‘we do not believe the Secretary of State . . . available for activities regarding medication Mr. HARKIN (for Mr. REID) proposed should ever appear to have the power to di- management, screening, and education to an amendment to the bill, H.R. 4577, rect the police.’—this obviously signalled a prevent incorrect medication and adverse supra; as follows: clear intention on the Commission’s part to drug reactions’’. At the appropriate place, insert the fol- curtail the powers of Government—not en- lowing: hance them as the proposed legislation seems set to do.’’ SPECTER AMENDMENT NO. 3704 NATIONAL INSTITUTE OF CHILD HEALTH AND Mr. Armstrong however said the Authority Mr. SPECTER proposed an amend- HUMAN DEVELOPMENT supported much of the legislation including ment to the bill, H.R. 4577, supra; as SEC. . Section 448 of the Public Health the apparent safeguards put in place to pre- follows: Service Act (42 U.S.C. 285g) is amended by in- vent District Policing Partnerships raising serting ‘‘gynecologic health,’’ after ‘‘with re- money for ‘freelance’ police services. He On page 50, line 20, after the dash insert spect to’’. added that more time would be needed to ex- the following: ‘‘Except as provided by sub- amine all the issues in detail. section (e)’’. The Authority will shortly publish an in- On page 51, line 1 strike ‘‘December 15, DURBIN (AND OTHERS) depth analysis of the Government’s proposed 2000’’ and insert in lieu thereof: ‘‘March 1, AMENDMENT NO. 3708 2001’’. Patten legislation and implementation (Ordered to lie on the table.) plan.∑ On page 52, line 2, strike ‘‘2000’’ and insert in lieu thereof ‘‘2001’’. Mr. HARKIN (for Mr. DURBIN (for f On page 52, after line 2, insert the fol- himself, Mr. DEWINE, Mr. BINGAMAN, Mr. SCHUMER, Mr. KERRY, Mr. FITZ- AMENDMENTS SUBMITTED lowing new section ‘‘(e) TERRITORIES.—None of the funds ap- GERALD, and Mr. ABRAHAM)) proposed propriated by this Act may be used to with- an amendment to the bill, H.R. 4577, hold substance abuse funding pursuant to supra; as follows: DEPARTMENT OF LABOR section 1926 from a territory that receives On page 26, line 25, before ‘‘of which’’ in- APPROPRIATIONS ACT, 2001 less than $1,000,000.’’ sert the following: ‘‘of which $20,000,000 shall be made available to carry out children’s GRAHAM AMENDMENT NO. 3705 COLLINS (AND REED) AMENDMENT asthma programs and $4,000,000 of such (Ordered to lie on the table.) $20,000,000 shall be utilized to carry out im- NO. 3700 proved asthma surveillance and tracking Mr. HARKIN (for Mr. GRAHAM) pro- Mr. SPECTER (for Ms. COLLINS (for systems and the remainder shall be used to posed an amendment to the bill, H.R. herself and Mr. REED)) proposed an carry out diverse community-based child- 4577, supra; as follows: amendment to the bill (H.R. 4577) mak- hood asthma programs including both ing appropriations for the Departments On page 54, between lines 10 and 11, insert school- and community-based grant pro- the following: grams, except that not to exceed 5 percent of of Labor, Health and Human Services, SEC. . (a) STUDY.—The Secretary of such funds may be used by the Centers for and Education, and related agencies for Health and Human Services shall conduct a Disease Control and Prevention for adminis- the fiscal year ending September 30, study to examine— trative costs or reprogramming, and’’. 2001, and for other purposes; as follows: (1) the experiences of hospitals in the On page 34, on line 13, before the colon, in- United States in obtaining reimbursement DURBIN (AND OTHERS) from foreign health insurance companies sert the following: ‘‘, of which $10,000,000 AMENDMENT NO. 3709 shall be used to provide grants to local non- whose enrollees receive medical treatment in profit private and public entities to enable the United States; (Ordered to lie on the table.) such entities to develop and expand activi- (2) the identity of the foreign health insur- Mr. HARKIN (for Mr. DURBIN (for ties to provide substance abuse services to ance companies that do not cooperate with himself, Mr. REED, Mrs. MURRAY, Mr. or reimburse (in whole or in part) United homeless individuals’’. KERRY, Mrs. HUTCHISON, and Mrs. FEIN- States health care providers for medical services rendered in the United States to en- STEIN)) proposed an amendment to the KERREY (AND OTHERS) rollees who are foreign nationals; bill, H.R. 4577, supra; as follows: AMENDMENT NO. 3701 (3) the amount of unreimbursed services On page 54, between lines 10 and 11, insert Mr. HARKIN (for Mr. KERREY (for that hospitals in the United States provide the following: to foreign nationals described in paragraph SEC. lll. In addition to amounts other- himself, Mr. BINGAMAN and Mr. ENZI)) (2); and wise appropriated under this title for the proposed an amendment to the bill, (4) solutions to the problems identified in Centers for Disease Control and Prevention, H.R. 4577, supra; as follows: the study. $37,500,000, to be utilized to provide grants to On page 68, line 2, before the colon, insert (b) REPORT.—Not later than March 31, 2001, States and political subdivisions of States the following: ‘‘, of which $250,000 shall be for the Secretary of Health and Human Services under section 317 of the Public Health Serv- the Web-Based Education Commission’’. shall prepare and submit to the Committee ice Act to enable such States and political

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6267 subdivisions to carry out immunization in- the funds appropriated $5,000,000 shall be DODD AMENDMENT NO. 3719 frastructure and operations activities: Pro- made available for a high school state grant Mr. HARKIN (for Mr. DODD) proposed vided, That of the total amount made avail- program to improve academic performance able in this Act for infrastructure funding and provide technical skills training, an amendment to the bill, H.R. 4577, for the Centers for Disease Control and Pre- $5,000,000 shall be made available to provide supra; as follows: vention, not less than 10 percent shall be grants to enable elementary and secondary On page 92, between lines 4 and 5, insert used for immunization projects in areas with schools to provide physical education and the following: low or declining immunization rates or areas improve physical fitness’’. SEC. ll. Title V of the Public Health that are particularly susceptible to disease Service Act (42 U.S.C. 290aa et seq.) is outbreaks, and not more than 14 percent AMENDMENT NO. 3714 amended by adding at the end the following: shall be used to carry out the incentive On page 41, at the beginning of line 12 in- ‘‘PART G—REQUIREMENT RELATING TO bonus program: Provided, That amounts sert the following: ‘‘$5,000,000 shall be made THE RIGHTS OF RESIDENTS OF CER- made available under this Act for the admin- available to provide grants for early child- TAIN FACILITIES istrative and related expenses of the Depart- hood learning for young children, of which’’. ‘‘SEC. 581. REQUIREMENT RELATING TO THE ment of Health and Human Services, the De- RIGHTS OF RESIDENTS OF CERTAIN partment of Labor, and the Department of FACILITIES. Education shall be further reduced on a pro LEAHY AMENDMENT NO. 3715 ‘‘(a) IN GENERAL.—A public or private general hospital, nursing facility, intermediate rata basis by $37,500,000. Mr. HARKIN (for Mr. LEAHY) pro- care facility, residential treatment center, posed an amendment to the bill, H.R. or other health care facility, that receives SMITH OF NEW HAMPSHIRE (AND 4577, supra; as follows: support in any form from any program sup- OTHERS) AMENDMENT NO. 3710 On page 45, line 4, insert before the period ported in whole or in part with funds appro- the following: ‘‘: Provided, That an additional priated to any Federal department or agency Mr. SPECTER (for Mr. SMITH of New $2,500,000 shall be made available for the Of- shall protect and promote the rights of each Hampshire (for himself, Ms. LANDRIEU, fice for Civil Rights: Provided further, That resident of the facility, including the right and Mr. DURBIN)) proposed an amend- amounts made available under this title for to be free from physical or mental abuse, ment to the bill H.R. 4577, supra; as fol- the administrative and related expenses of corporal punishment, and any restraints or lows: the Department of Health and Human Serv- involuntary seclusions imposed for purposes At the appropriate place, add the fol- ices shall be reduced by $2,500,000. of discipline or convenience. lowing: ‘‘None of the funds appropriated ‘‘(b) REQUIREMENTS.—Restraints and seclusion may only be imposed on a resident of a under this Act shall be expended by the Na- HARKIN AMENDMENT NO. 3716 tional Institutes of Health on a contract for facility described in subsection (a) if— the care of the 288 chimpanzees acquired by Mr. HARKIN proposed an amendment ‘‘(1) the restraints or seclusion are imposed the National Institutes of Health from the to the bill, H.R. 4577, supra; as follows: to ensure the physical safety of the resident, a staff member, or others; and Coulston Foundation, unless the contractor On page 40, line 5, strike ‘‘$60,000,000’’ and ‘‘(2) the restraints or seclusion are imposed is accredited by the Association for the As- insert ‘‘$100,000,000’’. sessment and Accreditation of Laboratory only upon the written order of a physician, or other licensed independent practitioner Animal Care International or has a Public DeWINE (AND OTHERS) Health Services assurance, and has not been permitted by the State and the facility to charged multiple times with egregious viola- AMENDMENT NO. 3717 order such restraint or seclusion, that speci- fies the duration and circumstances under tions of the Animal Welfare Act.’’. Mr. SPECTER (for Mr. DEWINE (for which the restraints are to be used (except in himself, Mrs. MURRAY, Mr. GRASSLEY, emergency circumstances specified by the DODD AMENDMENT NO. 3711 Mr. DURBIN, Mrs. LINCOLN, Mr. HAGEL, Secretary until such an order could reason- and Mr. DODD)) proposed an amend- ably be obtained). Mr. HARKIN (for Mr. DODD) proposed ment to the bill, H.R. 4577, supra; as ‘‘(c) DEFINITIONS.—In this section: an amendment to the bill, H.R. 4577, follows: ‘‘(1) RESTRAINTS.—The term ‘restraints’ supra; as follows: means— On page 54, between lines 10 and 11, insert ‘‘(A) any physical restraint that is a me- At the end of title III, insert the following: the following: chanical or personal restriction that immo- SEC. ll. TECHNOLOGY AND MEDIA SERVICES. SEC. ll. (a) In addition to amounts made bilizes or reduces the ability of an individual Notwithstanding any other provision of available under the heading ‘‘Health Re- to move his or her arms, legs, or head freely, this Act— sources and Services Administration-Health not including devices, such as orthopedically (1) the total amount appropriated under Resources and Services’’ for poison preven- prescribed devices, surgical dressings or ban- this title under the heading ‘‘OFFICE OF SPE- tion and poison control center activities, dages, protective helmets, or any other CIAL EDUCATION AND REHABILITATIVE SERV- there shall be available an additional methods that involves the physical holding ICES’’ under the heading ‘‘SPECIAL EDU- $20,000,000 to provide assistance for such ac- of a resident for the purpose of conducting CATION’’ to carry out the Individuals with tivities and to stabilize the funding of re- routine physical examinations or tests or to Disabilities Education Act shall be gional poison control centers as provided for protect the resident from falling out of bed $7,353,141,000, of which $35,323,000 shall be pursuant to the Poison Control Center En- or to permit the resident to participate in available for technology and media services; hancement and Awareness Act (Public Law activities without the risk of physical harm and 106-174). to the resident; and (2) the total amount appropriated under (b) Amounts made available under this Act ‘‘(B) a drug or medication that is used as a this title under the heading ‘‘DEPARTMENTAL for the administrative and related expenses restraint to control behavior or restrict the MANAGEMENT’’ under the heading ‘‘PROGRAM of the Department of Health and Human resident’s freedom of movement that is not a ADMINISTRATION’’ shall be further reduced by Services, the Department of Labor, and the standard treatment for the resident’s med- $800,000. Department of Education shall be further re- ical or psychiatric condition. duced on a pro rata basis by $20,000,000. ‘‘(2) SECLUSION.—The term ‘seclusion’ SPECTER AMENDMENT NO. 3712 means any separation of the resident from Mr. SPECTER proposed an amend- SCHUMER AMENDMENT NO. 3718 the general population of the facility that ment to the bill, H.R. 4577, supra; as Mr. HARKIN (for Mr. SCHUMER) pro- prevents the resident from returning to such population if he or she desires. follows: posed an amendment to the bill, H.R. 4577, supra; as follows: ‘‘SEC. 582. REPORTING REQUIREMENT. In amendment #3633, as modified, strike ‘‘(a) IN GENERAL.— Each facility to which ‘‘$78,200,000’’ and insert ‘‘$35,000,000’’ in lieu On page 27, line 24, before the period insert the Protection and Advocacy for Mentally Ill thereof. the following: ‘‘: Provided further, That in ad- Individuals Act of 1986 applies shall notify dition to amounts made available under this the appropriate agency, as determined by the STEVENS (AND OTHERS) heading for the National Program of Cancer Secretary, of each death that occurs at each Registries, an additional $15,000,000 shall be AMENDMENTS NOS. 3713–3714 such facility while a patient is restrained or made available for such Program and special in seclusion, of each death occurring within Mr. SPECTER (for Mr. STEVENS (for emphasis in carrying out such Program shall 24 hours after the patient has been removed himself, Mr. JEFFORDS, and Mr. KEN- be given to States with the highest number from restraints and seclusion, or where it is NEDY)) proposed two amendments to of the leading causes of cancer mortality: reasonable to assume that a patient’s death the bill, H.R. 4577, supra; as follows: Provided further, That amounts made avail- is a result of such seclusion or restraint. A able under this Act for the administrative notification under this section shall include AMENDMENT NO. 3713 and related expenses of the Centers for Dis- the name of the resident and shall be pro- On page 69, line 2, after the colon insert the ease Control and Prevention shall be reduced vided not later than 7 days after the date of following proviso: ‘‘Provided further, That of by $15,000,000’’. the death of the individual involved.

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‘‘(b) FACILITY.—In this section, the term (4) One State’s 2-tiered system currently greatest concentrations of school-age chil- ‘facility’ has the meaning given the term ‘fa- has an estimated 20,000 emergency medical dren from low-income families, the extent to cilities’ in section 102(3) of the Protection technicians providing ambulance transpor- which allocations of such funds adjust to and Advocacy for Mentally Ill Individuals tation for basic life support and advanced shifts in concentrations of pupils from low- Act of 1986 (42 U.S.C. 10802(3)).’’. life support emergencies, over 80 percent of income families in different regions, States, ‘‘SEC. 583. REGULATIONS AND ENFORCEMENT. which are handled by volunteers who are not and substate areas, the extent to which the ‘‘(a) TRAINING.—Not later than 1 year after reimbursed under the medicare program allocation of such funds encourage the tar- the date of enactment of this part, the Sec- under title XVIII of the Social Security Act. geting of State funds to areas with higher retary, after consultation with appropriate (5) The hospital-based paramedics, also concentrations of children from low-income State and local protection and advocacy or- known as mobile intensive care units, are re- families; the implications of current dis- ganizations, physicians, facilities, and other imbursed under the medicare program when tribution methods for such funds, and for- health care professionals and patients, shall they respond to advanced life support emer- mula and other policy recommendations to promulgate regulations that require facili- gencies. improve the targeting of such funds to more ties to which the Protection and Advocacy (6) These 2-tiered State health systems effectively serve low-income children in both for Mentally Ill Individuals Act of 1986 (42 save the lives of thousands of residents of rural and urban areas, and for preparing in- U.S.C. 10801 et seq.) applies, to meet the re- those States each year, while saving the terim and final reports based on the results of the study, to be submitted to Congress not quirements of subsection (b). medicare program, in some instances, as later than February 1, 2001, and April 1, 2001. ‘‘(b) REQUIREMENTS.—The regulations pro- much as $39,000,000 in reimbursement fees. (7) When Congress requested that the On page 70, line 7, strike ‘‘$396,672,000’’ and mulgated under subsection (a) shall require insert ‘‘$396,671,000’’. that— Health Care Financing Administration enact ‘‘(1) facilities described in subsection (a) changes to the emergency medical services ensure that there is an adequate number of fee schedule as a result of the Balanced BINGAMAN (AND OTHERS) qualified professional and supportive staff to Budget Act of 1997, including a general over- AMENDMENT NO. 3724 haul of reimbursement rates and administra- evaluate patients, formulate written individ- Mr. HARKIN (for Mr. BINGAMAN (for tive costs, it was in the spirit of stream- ualized, comprehensive treatment plans, and himself, Mr. DASCHLE, Mr. JOHNSON, to provide active treatment measures; lining the agency, controlling skyrocketing Mr. MCCAIN, Ms. CONRAD, Mrs. MUR- ‘‘(2) appropriate training be provided for health care costs, and lengthening the sol- the staff of such facilities in the use of re- vency of the medicare program. RAY, Mr. LEAHY, and Mrs. BOXER)) pro- straints and any alternatives to the use of (8) The Health Care Financing Administra- posed an amendment to the bill, H.R. restraints; and tion is considering implementing new emer- 4577, supra; as follows: ‘‘(3) such facilities provide complete and gency medical services reimbursement At the end of title III, insert the following: accurate notification of deaths, as required guidelines that may destabilize the 2-tier SEC. 306. under section 582(a). system that have developed in these States. The amount made available under this ‘‘(c) ENFORCEMENT.—A facility to which (b) SENSE OF THE SENATE.—It is the sense title under the heading ‘‘OFFICE OF POSTSEC- this part applies that fails to comply with of the Senate that the Health Care Financ- ONDARY EDUCATION’’ under the heading any requirement of this part, including a ing Administration should— ‘‘HIGHER EDUCATION’’ to carry out section 316 failure to provide appropriate training, shall (1) consider the unique nature of 2-tiered of the Higher Education Act of 1965 is in- not be eligible for participation in any pro- emergency medical services delivery systems creased by $5,000,000, which increase shall be gram supported in whole or in part by funds when implementing new reimbursement used for construction and renovation appropriated to any Federal department or guidelines for paramedics and hospitals projects under such section; and the amount agency.’’. under the medicare program under title made available under this title under the XVIII of the Social Security Act; and heading ‘‘OFFICE OF POSTSECONDARY EDU- (2) promote innovative emergency medical ENZI AMENDMENT NO. 3720 CATION’’ under the heading ‘‘HIGHER EDU- service systems enacted by States that re- CATION’’ to carry out part B of title VII of Mr. SPECTER (for Mr. ENZI) produce reimbursement costs to the medicare the Higher Education Act of 1965 is decreased posed an amendment to the bill, H.R. program while ensuring that all residents re- by $5,000,000. 4577, supra; as follows: ceive quick and appropriate emergency care when needed. On page 13, line 20, strike ‘‘Provided’’ and BAUCUS (AND JEFFORDS) insert the following: ‘‘: Provided, That of the AMENDMENT NO. 3725 WELLSTONE AMENDMENT NO. 3722 amount appropriated under this heading that Mr. HARKIN (for Mr. BAUCUS (for is in excess of the amount appropriated for Mr. HARKIN (for Mr. WELLSTONE) himself and Mr. JEFFORDS)) proposed such purposes for fiscal year 2000, at least proposed an amendment to the bill, an amendment to the bill, H.R 4577, $22,200,000 shall be used to carry out edu- H.R. 4577, supra; as follows: cation, training, and consultation activities supra; as follows: as described in subsections (c) and (d) of sec- On page 71, after line 25, add the following: On page 54, between lines 10 and 11, insert tion 21 of the Occupational Safety and SEC. ll. (a) In addition to any amounts the following: Health Act of 1970 (29 U.S.C. 670(c) and (d)): appropriated under this title for the Perkin’s SEC. ll. SENSE OF THE SENATE REGARDING IM- Provided further,’’. loan cancellation program under section 465 PACTS OF THE BALANCED BUDGET of the Higher Education Act of 1965 (20 U.S.C. ACT OF 1997. 1087ee), an additional $15,000,000 is appro- (a) FINDINGS.—The Senate makes the fol- TORRICELLI AMENDMENT NO. 3721 priated to carry out such program. lowing findings: Mr. HARKIN (for Mr. TORRICELLI) (b) Notwithstanding any other provision of (1) Since its passage in 1997, the Balanced proposed an amendment to the bill, this Act, amounts made available under ti- Budget Act of 1997 has drastically cut pay- tles I and II, and this title, for salaries and ments under the medicare program under H.R. 4577, supra; as follows: expenses at the Departments of Labor, title XVIII of the Social Security Act in the On page 54, between lines 10 and 11, insert Health and Human Services, and Education, areas of hospital, home health, and skilled the following: respectively, shall be further reduced on a nursing care, among others. While Congress SEC. ll. SENSE OF THE SENATE REGARDING pro rata basis by $15,000,000. intended to cut approximately $100,000,000,000 THE DELIVERY OF EMERGENCY from the medicare program over 5 years, re- MEDICAL SERVICES. LIEBERMAN (AND OTHERS) cent estimates put the actual cut at over (a) FINDINGS.—The Senate finds the fol- AMENDMENT NO. 3723 $200,000,000,000. lowing: (2) A recent study on home health care (1) Several States have developed and im- Mr. HARKIN (for Mr. LIEBERMAN (for found that nearly 70 percent of hospital dis- plemented a unique 2-tiered emergency med- himself, Mr. GORTON, Mr. BAYH, Mr. charge planners surveyed reported a greater ical services system that effectively provides BRYAN, Ms. LANDRIEU, Mrs. LINCOLN, difficulty obtaining home health services for services to the residents of those States. Mr. KOHL, Mr. ROBB, and Mr. BREAUX)) medicare beneficiaries as a result of the Bal- (2) These 2-tiered systems include volun- proposed an amendment to the bill, anced Budget Act of 1997. teer and for-profit emergency medical tech- (3) According to the Medicare Payment Ad- nicians who provide basic life support and H.R. 4577, supra; as follows: visory Commission, rural hospitals were dis- hospital-based paramedics who provide ad- On page 71, after line 25, insert the fol- proportionately affected by the Balanced vanced life support. lowing: Budget Act of 1997, dropping the inpatient (3) These 2-tiered systems have provided SEC. 305. The Comptroller General of the margins of such hospitals over 4 percentage universal access for residents of those States United States, shall evaluate the extent to points in 1998. to affordable emergency services, while si- which funds made available under part A of (b) SENSE OF SENATE.—It is the sense of the multaneously ensuring that those persons in title I of the Elementary and Secondary Edu- Senate that Congress and the President need of the most advanced care receive such cation Act of 1965 are allocated to schools should act expeditiously to alleviate the ad- care from the proper authorities. and local educational agencies with the verse impacts of the Balanced Budget Act of

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6269 1997 on beneficiaries under the medicare pro- Congress and state and local governments on (1) to include in the ground and flight test- gram under title XVIII of the Social Secu- the issue of sexual abuse in schools.’’. ing of the National Missile Defense system rity Act and health care providers partici- that is conducted before the system becomes pating in such program. BAUCUS (AND OTHERS) operational any countermeasures (including AMENDMENT NO. 3729 decoys) that— TORRICELLI (AND REED) (A) are likely, or at least realistically pos- Mr. HARKIN (for Mr. BAUCUS (FOR AMENDMENT NO. 3726 sible, to be used against the system; and HIMSELF, MR. BINGAMAN, Mr. DOMENICI, (B) are chosen for testing on the basis of Mr. HARKIN (for Mr. TORRICELLI (for and Mrs. HUTCHISON)) proposed an what countermeasure capabilities a long- himself and Mr. REED)) proposed an amendment to the bill, H.R. 4577, range missile could have and is likely to amendment to the bill, H.R. 4577, supra; as follows: have, taking into consideration the tech- supra; as follows: On page 58, line 3, strike $25,000,000 and in- nology that the country deploying the missile would have or could likely acquire; and At the end of title V, add the following: sert $350,000,000. (2) to determine the extent to which the SEC. . It is the sense of the Senate that Amounts made available under this Act for ll exoatmospheric kill vehicle and the National each entity carrying out an Early Head the administrative and related expenses of Missile Defense system can reliably discrimi- Start program under the Head Start Act the Department of Health and Human Serv- nate between warheads and such counter- should— ices, the Department of Labor, and the De- measures. (1) determine whether a child eligible to partment of Education shall be further reduced on a pro rata basis by $10,000,000. (b) FUTURE FUNDING REQUIREMENTS.—The participate in the Early Head Start program Secretary, in consultation with the Director has received a blood lead screening test, of the Ballistic Missile Defense Organization using a test that is appropriate for age and LANDRIEU (AND OTHERS) shall— risk factors, upon the enrollment of the child AMENDMENT NO. 3730 (1) determine what additional funding, if in the program; and any, may be necessary for fulfilling the test- (2) in the case of an child who has not re- Mr. HARKIN (for Ms. LANDRIEU (for herself, Mr. DEWINE, Mrs. LINCOLN, Mr. ing requirements set forth in subsection (a) ceived such a blood lead screening test, en- in fiscal years after fiscal year 2001; and GRASSLEY, and Mr. CRAIG)) proposed an sure that each enrolled child receives such a (2) submit the determination to the contest either by referral or by performing the amendment to the bill, H.R. 4577, gressional defense committees at the same test (under contract or otherwise). supra; as follows: time that the President submits the budget On page 41, lines 11 and 12, strike for fiscal year 2002 to Congress under section TORRICELLI AMENDMENT NO. 3727 ‘‘$7,881,586,000, of which $41,791,000’’ and in- 1105(a) of title 31, United States Code. sert ‘‘$7,895,723,000, of which $55,928,000’’. (c) REPORT BY SECRETARY OF DEFENSE.—(1) Mr. HARKIN (for Mr. TORRICELLI) Amounts made available under this Act for The Secretary of Defense shall, except as proposed an amendment to the bill, the administrative and related expenses of provided in paragraph (4), submit to Con- H.R. 4577, supra; as follows: the Department of Health and Human Serv- gress an annual report on the Department’s On page 27, line 24, strike the period and ices, the Department of Labor, and the De- efforts to establish a program for operation- insert the following: ‘‘: Provided further, That partment of Education shall be further really realistic testing of the National Missile the funds made available under this heading duced on a pro rata basis by $14,137,000. Defense system against countermeasures. for section 317A of the Public Health Service The report shall be in both classified and un- Act may be made available for programs op- BYRD AMENDMENT NO. 3731 classified forms. erated in accordance with a strategy (devel- (2) The report shall include the Secretary’s Mr. HARKIN (for Mr. BYRD) proposed oped and implemented by the Director for assessment of the following: the Centers for Disease Control and Preven- an amendment to the bill, H.R. 4577, (A) The countermeasures available to for- tion) to identify and target resources for supra; as follows: eign countries with ballistic missiles that childhood lead poisoning prevention to high- On page 69 on line 24 insert the following: the National Missile Defense system could risk populations, including ensuring that ‘‘Provided further, That of the amount made encounter in a launch of such missiles any individual or entity that receives a available under this heading for activities against the United States. grant under that section to carry out activi- carried out through the Fund for the Im- (B) The ability of the National Missile De- ties relating to childhood lead poisoning pre- provement of Education under part A of title fense system to defeat such counter- vention may use a portion of the grant funds X, $50,000,000 shall be made available to en- measures, including the ability of the system awarded for the purpose of funding screening able the Secretary of Education to award to discriminate between countermeasures assessments and referrals at sites of oper- grants to develop, implement, and strength- and reentry vehicles. ation of the Early Head Start programs en programs to teach American history (not (C) The plans to demonstrate the capa- under the Head Start Act.’’. social studies) as a separate subject within bility of the National Missile Defense system the school curricula’’. to defeat such countermeasures and the ade- SMITH OF NEW HAMPSHIRE quacy of the ground and flight testing to demonstrate that capability. AMENDMENT NO. 3728 NATIONAL DEFENSE AUTHORIZA- TION ACT FOR FISCAL YEAR 2001 (3) The report shall be submitted not later Mr. SPECTER (for Mr. SMITH of New than January 15 of each year. The first re- Hampshire) proposed an amendment to port shall be submitted not later than Janu- ary 15, 2001. the bill, H.R. 4577, supra; as follows: DURBIN (AND OTHERS) (4) No annual report is required under this At the appropriate place add the following: AMENDMENT NO. 3732 section after the National Missile Defense (a) Whereas sexual abuse in schools be- (Ordered to lie on the table.) system becomes operational. tween a student and a member of the school Mr. DURBIN (for himself, Mr. (d) INDEPENDENT REVIEW PANEL.—(1) The staff or a student and another student is a WELLSTONE, Mr. BINGAMAN, Mr. JOHN- Secretary of Defense shall reconvene the cause for concern in America; Panel on Reducing Risk in Ballistic Missile SON, Mr. KERRY, Mr. KENNEDY, Mr. (b) Whereas relatively few studies have Defense Flight Test Programs. been conducted on sexual abuse in schools HARKIN, and Mr. WYDEN) submitted an (2) The Panel shall assess the following: and the extent of this problem is unknown; amendment intended to be proposed by (A) The countermeasures available for use (c) Whereas according to the Child Abuse them to the bill (S. 2549) to authorize against the United States National Missile and Neglect Reporting Act, a school adminis- appropriations for fiscal year 2001 for Defense system. trator is required to report any allegation of military activities of the Department (B) The operational effectiveness of that sexual abuse to the appropriate authorities; of Defense, for military construction, system against those countermeasures. (d) Whereas an individual who is falsely ac- and for defense activities of the De- (C) The adequacy of the National Missile cused of sexual misconduct with a student Defense flight testing program to dem- deserves appropriate legal and professional partment of Energy, to prescribe per- onstrate the capability of the system to de- protections; sonnel strengths for such fiscal year feat the countermeasures. (e) Whereas it is estimated that many for the Armed Forces, and for other (3) After conducting the assessment re- cases of sexual abuse in schools are not re- purposes; as follows: quired under paragraph (2), the Panel shall ported; On page 53, after line 23, insert the fol- evaluate— (f) Whereas many of the accused staff lowing: (A) whether sufficient ground and flight quietly resign at their present school district SEC. 243. OPERATIONALLY-REALISTIC TESTING testing of the system will have been con- and are then rehired at a new district which AGAINST COUNTERMEASURES FOR ducted before the system becomes oper- has no knowledge of their alleged abuse; NATIONAL MISSILE DEFENSE. ational to support the making of a deter- (g) Therefore, it is the Sense of the Senate (a) TESTING REQUIREMENTS.—The Secretary mination, with a justifiably high level of that the Secretary of Education should ini- of Defense shall direct the Ballistic Missile confidence, regarding the operational effec- tiate a study and make recommendations to Defense Organization— tiveness of the system;

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6270 CONGRESSIONAL RECORD — SENATE June 30, 2000 (B) whether adequate ground and flight an eligible local educational agency whose ‘‘(B) The requirements of the Americans testing of the system will have been con- boundaries are the same as a military instal- with Disabilities Act. ducted, before the system becomes oper- lation to assist the agency to maintain an ‘‘(C) The cost associated with asbestos reational, against the countermeasures that impacted school facility, including the moval, energy conservation, or technology are likely, or at least realistically possible, grounds of such a facility. upgrades. to be used against the system and that other ‘‘(2) The total amount of assistance pro- ‘‘(D) Overcrowding conditions as evidenced countries have or likely could acquire; and vided under this subsection to an eligible by the use of trailers and portable buildings (C) whether the exoatmospheric kill vehi- local educational agency may not exceed and the potential for future overcrowding be- cle and the rest of the National Missile De- $250,000 during any fiscal year. cause of increased enrollment. fense system can reliably discriminate be- ‘‘(c) DETERMINATION OF ELIGIBLE LOCAL ‘‘(5) The repair or renovation of facilities is tween warheads and such countermeasures. EDUCATIONAL AGENCIES.—(1) A local edu- needed to meet any other Federal or State (4) Not later than March 15, 2001, the Panel cational agency is an eligible local edu- mandate. cational agency under this section only if shall submit a report on its assessments and ‘‘(6) The number of military dependent stu- the Secretary of Defense determines that the evaluations to the Secretary of Defense and dents as a percentage of the total student local educational agency has— to Congress. The report shall include any population in the particular school facility. ‘‘(A) one or more federally impacted school recommendations for improving the flight ‘‘(7) The age of facility to be repaired or facilities and satisfies at least one of the ad- testing program for the National Missile De- renovated. ditional eligibility requirements specified in fense system or the operational capability of ‘‘(g) DEFINITIONS.—In this section: paragraph (2); or the system to defeat countermeasures that ‘‘(1) LOCAL EDUCATIONAL AGENCY.—The ‘‘(B) a school facility that was a former De- the Panel determines appropriate. term ‘local educational agency’ has the (e) COUNTERMEASURE DEFINED.—In this sec- partment of Defense domestic dependent elementary or secondary school, but assistance meaning given that term in section 8013(9) of tion, the term ‘‘countermeasure’’— the Elementary and Secondary Education (1) means any deliberate action taken by a provided under this subparagraph may only be used to repair and renovate that facility. Act of 1965 (20 U.S.C. 7713(9)). country with long-range ballistic missiles to ‘‘(2) IMPACTED SCHOOL FACILITY.—The term defeat or otherwise counter a United States ‘‘(2) The additional eligibility requirements referred to in paragraph (1) are the ‘impacted school facility’ means a facility of National Missile Defense system; and a local educational agency— (2) includes, among other actions— following: ‘‘(A) The local educational agency is eligi- ‘‘(A) that is used to provide elementary or (A) use of a submunition released by a bal- secondary education at or near a military in- listic missile soon after the boost phase of ble to receive assistance under subsection (f) of section 8003 of the Elementary and Sec- stallation; and the missile; ondary Education Act of 1965 (20 U.S.C. 7703) ‘‘(B) at which the average annual enroll- (B) use of anti-simulation, together with and at least 10 percent of the students who ment of military dependent students is a such decoys as Mylar balloons, to disguise were in average daily attendance in the high percentage of the total student enroll- the signature of the warhead; and schools of such agency during the preceding ment at the facility, as determined by the (C) use of a shroud cooled with liquid nitro- school year were students described under Secretary of Defense. gen to reduce the infrared signature of the paragraph (1)(A) or (1)(B) of section 8003(a) of ‘‘(3) MILITARY DEPENDENT STUDENTS.—The warhead. the Elementary and Secondary Education term ‘military dependent students’ means Act of 1965. students who are dependents of members of HUTCHISON (AND OTHERS) ‘‘(B) At least 35 percent of the students the armed forces or Department of Defense AMENDMENT NO. 3733 who were in average daily attendance in the civilian employees. (Ordered to lie on the table.) schools of the local educational agency dur- ‘‘(4) MILITARY INSTALLATION.—The term Mrs. HUTCHISON (for herself, Mr. ing the preceding school year were students ‘military installation’ has the meaning given described under paragraph (1)(A) or (1)(B) of that term in section 2687(e) of this title.’’. DORGAN, Mr. BROWNBACK, and Mr. section 8003(a) of the Elementary and Sec- (b) AMENDMENTS TO CHAPTER HEADING AND EDWARDS) submitted an amendment in- ondary Education Act of 1965. TABLES OF CONTENTS.—(1) The heading of tended to be proposed by them to the ‘‘(C) The State education system and the chapter 111 of title 10, United States Code, is bill, S. 2549, supra; as follows: local educational agency are one and the amended to read as follows: On page 123, between lines 12 and 13, insert same. ‘‘CHAPTER 111—SUPPORT OF the following: ‘‘(d) NOTIFICATION OF ELIGIBILITY.—Not EDUCATION’’. later than June 30 of each fiscal year, the SEC. 377. ASSISTANCE FOR MAINTENANCE, RE- (2) The table of sections at the beginning of Secretary of Defense shall notify each local PAIR, AND RENOVATION OF SCHOOL such chapter is amended by striking the FACILITIES THAT SERVE DEPEND- educational agency identified under sub- ENTS OF MEMBERS OF THE ARMED section (c) that the local educational agency item relating to section 2199 and inserting FORCES AND DEPARTMENT OF DE- is eligible during that fiscal year to apply for the following new items: FENSE CIVILIAN EMPLOYEES. a grant under subsection (a), subsection (b), ‘‘2199. Quality of life education facilities (a) GRANTS AUTHORIZED.—Chapter 111 of or both subsections. grants. title 10, United States Code, is amended— ‘‘(e) RELATION TO IMPACT AID CONSTRUCTION ‘‘2199a. Definitions.’’. (1) by redesignating section 2199 as section ASSISTANCE.—A local education agency that (3) The tables of chapters at the beginning 2199a; and receives a grant under subsection (a) to re- of subtitle A, and at the beginning of part III (2) by inserting after section 2198 the fol- pair and renovate a school facility may not of subtitle A, of such title are amended by lowing new section: also receive a payment for school construc- striking the item relating to chapter 111 and ‘‘§ 2199. Quality of life education facilities tion under section 8007 of the Elementary inserting the following: grants and Secondary Education Act of 1965 (20 ‘‘111. Support of Education ...... 2191’’. U.S.C. 7707) for the same fiscal year. ‘‘(a) REPAIR AND RENOVATION ASSISTANCE.— (c) FUNDING FOR FISCAL YEAR 2001.— ‘‘(f) GRANT CONSIDERATIONS.—In deter- (1) The Secretary of Defense may make a Amounts appropriated in the Department of mining which eligible local educational grant to an eligible local educational agency Defense Appropriations Act, 2001, under the agencies will receive a grant under this sec- to assist the agency to repair and renovate— heading ‘‘QUALITY OF LIFE ENHANCEMENTS, ‘‘(A) an impacted school facility that is tion for a fiscal year, the Secretary of De- fense shall take into consideration the fol- DEFENSE’’ may be used by the Secretary of used by significant numbers of military de- Defense to make grants under section 2199 of pendent students; or lowing conditions and needs at impacted school facilities of eligible local educational title 10, United States Code, as added by sub- ‘‘(B) a school facility that was a former De- agencies: section (a). partment of Defense domestic dependent ele- ‘‘(1) The repair or renovation of facilities is mentary or secondary school. ‘‘(2) Authorized repair and renovation needed to meet State mandated class size re- WARNER AMENDMENT NO. 3734 projects may include repairs and improve- quirements, including student-teacher ratios (Ordered to lie on the table.) ments to an impacted school facility (includ- and instructional space size requirements. ‘‘(2) There is a increase in the number of Mr. WARNER submitted an amending the grounds of the facility) designed to ment intended to be proposed by him ensure compliance with the requirements of military dependent students in facilities of the Americans with Disabilities Act or local the agency due to increases in unit strength to the bill, S. 2549, supra; as follows: health and safety ordinances, to meet class- as part of military readiness. On page 123, between lines 12 and 13, insert room size requirements, or to accommodate ‘‘(3) There are unhoused students on a mili- the following: school population increases. tary installation due to other strength ad- SEC. 377. POSTPONEMENT OF IMPLEMENTATION ‘‘(3) The total amount of assistance pro- justments at military installations. OF DEFENSE JOINT ACCOUNTING vided under this subsection to an eligible ‘‘(4) The repair or renovation of facilities is SYSTEM (DJAS) PENDING ANALYSIS local educational agency may not exceed needed to address any of the following condi- OF THE SYSTEM. $5,000,000 during any period of two fiscal tions: (a) POSTPONEMENT.—The Secretary of De- years. ‘‘(A) The condition of the facility poses a fense may not grant a Milestone III decision ‘‘(b) MAINTENANCE ASSISTANCE.—(1) The threat to the safety and well-being of stu- for the Defense Joint Accounting System Secretary of Defense may make a grant to dents. (DJAS) until the Secretary—

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6271 (1) conducts, with the participation of the chapter II of Chapter 8 of title 10, United ‘‘(D) The senior acquisition executive of Inspector General of the Department of De- States Code, is amended by adding at the end the Department of the Navy. fense and the inspectors general of the mili- the following new section: ‘‘(E) The senior acquisition executive of tary departments, an analysis of alternatives ‘‘§ 204. Joint Technology Office the Department of the Air Force. to the system to determine whether the sys- ‘‘(a) ESTABLISHMENT.—(1) There is in the ‘‘(F) The senior acquisition executive of tem warrants deployment; and Department of Defense a Joint Technology the Marine Corps. (2) if the Secretary determines that the Office (in this section referred to as the ‘Of- ‘‘(G) The Director of the Defense Advanced system warrants deployment, submits to the fice’). The Office shall be considered an inde- Research Projects Agency. congressional defense committees a report pendent office within the Office of the Sec- ‘‘(H) The Director of the Ballistic Missile certifying that the system meets Milestone I retary of Defense. Defense Organization. and Milestone II requirements and applicable ‘‘(2) The Secretary of Defense may delegate ‘‘(I) The Director of the Defense Threat Re- requirements of the Clinger-Cohen Act of responsibility for authority, direction, and duction Agency. 1996 (divisions D and E of Public Law 104– control of the Office to the Deputy Under ‘‘(3) The duties of the Board shall be— 106). Secretary of Defense for Science and Tech- ‘‘(A) to review and comment on rec- (b) DEADLINE FOR REPORT.—The report re- nology. ommendations made and issues raised by the ferred to in subsection (a)(2) shall be sub- ‘‘(b) DIRECTOR.—(1) The head of the Office Council under this section; and mitted, if at all, not later than March 30, shall be a civilian employee of the Depart- ‘‘(B) to review and oversee the activities of 2001. ment of Defense in the Senior Executive the Office under this section. Service who is designated by the Secretary ‘‘(g) JOINT TECHNOLOGY COUNCIL.—(1) There DOMENICI AMENDMENT NO. 3735 of Defense for that purpose. The head of the is established in the Department of Defense (Ordered to lie on the table.) Office shall be known as the ‘Director of the a council to be known as the ‘Joint Tech- Mr. DOMENICI submitted an amend- Joint Technology Office’. nology Council’ (in this section referred to as ‘‘(2) The Director shall report directly to the ‘Council’). ment intended to be proposed by him the Deputy Under Secretary of Defense for ‘‘(2) The Council shall be composed of 8 to the bill, S. 2549, supra; as follows: Science and Technology. members as follows: On page 353, between lines 15 and 16, insert ‘‘(c) OTHER STAFF.—The Secretary of De- ‘‘(A) The Deputy Under Secretary of De- the following: fense shall provide the Office such civilian fense for Science and Technology, who shall SEC. 914. COORDINATION AND FACILITATION OF and military personnel and other resources be chairperson of the Council. DEVELOPMENT OF DIRECTED EN- as are necessary to permit the Office to ‘‘(B) The senior science and technology ex- ERGY TECHNOLOGIES, SYSTEMS, carry out its duties under this section. ecutive of the Department of the Army. AND WEAPONS. ‘‘(d) DUTIES.—The duties of the Office shall ‘‘(C) The senior science and technology ex- (a) FINDINGS.—Congress makes the fol- be to— ecutive of the Department of the Navy. lowing findings: ‘‘(1) develop and oversee the management ‘‘(D) The senior science and technology ex- (1) Directed energy systems are available of a Department of Defense-wide program of ecutive of the Department of the Air Force. to address many current challenges with re- science and technology relating to directed ‘‘(E) The senior science and technology ex- spect to military weapons, including offen- energy technologies, systems, and weapons; ecutive of the Marine Corps. sive weapons and defensive weapons. ‘‘(2) serve as a point of coordination for ini- ‘‘(F) The senior science and technology ex- (2) Directed energy weapons offer the po- tiatives for science and technology relating ecutive of the Defense Advanced Research tential to maintain an asymmetrical techno- to directed energy technologies, systems, Projects Agency. logical edge over adversaries of the United and weapons from throughout the Depart- ‘‘(G) The senior science and technology ex- States for the foreseeable future. ment of Defense; ecutive of the Ballistic Missile Defense Orga- (3) It is in the national interest that fund- ‘‘(3) develop and promote a program (to be nization. ing for directed energy science and tech- known as the ‘National Directed Energy ‘‘(H) The senior science and technology ex- nology programs be increased in order to Technology Alliance’) to foster the exchange ecutive of the Defense Threat Reduction support priority acquisition programs and to of information and cooperative activities on Agency. develop new technologies for future applica- directed energy technologies, systems, and ‘‘(3) The duties of the Council shall be— tions. weapons between and among the Department ‘‘(A) to review and recommend priorities (4) It is in the national interest that the of Defense, other Federal agencies, institu- among programs, projects, and activities level of funding for directed energy science tions of higher education, and the private proposed and evaluated by the Office under and technology programs correspond to the sector; this section; level of funding for large-scale demonstra- ‘‘(4) initiate and oversee the coordination ‘‘(B) to make recommendations to the tion programs in order to ensure the growth of the high-energy laser and high power Board regarding funding for such programs, of directed energy science and technology microwave programs and offices of the mili- projects, and activities; and programs and to ensure the successful devel- tary departments; and ‘‘(C) to otherwise review and oversee the opment of other weapons systems utilizing ‘‘(5) carry out such other activities relat- activities of the Office under this section.’’. directed energy systems. ing to directed energy technologies, systems, (2) The table of sections at the beginning of (5) The industrial base for several critical and weapons as the Deputy Under Secretary subchapter II of chapter 8 of such title is directed energy technologies is in fragile of Defense for Science and Technology con- amended by adding at the end the following condition and lacks appropriate incentives siders appropriate. new section: to make the large-scale investments that are ‘‘(e) COORDINATION WITHIN DEPARTMENT OF ‘‘204. Joint Technology Office.’’. necessary to address current and anticipated DEFENSE.—(1) The Director of the Office Department of Defense requirements for shall assign to appropriate personnel of the (3)(A) The Secretary of Defense shall lo- such technologies. Office the performance of liaison functions cate the Joint Technology Office under sec- (6) It is in the national interest that the with the other Defense Agencies and with tion 204 of title 10, United States Code (as Department of Defense utilize and expand the military departments. added by this subsection), at a location de- upon directed energy research currently ‘‘(2) The head of each military department termined appropriate by the Secretary, not being conducted by the Department of En- and Defense Agency having an interest in later than October 1, 2000. ergy, other Federal agencies, the private sec- the activities of the Office shall assign per- (B) In determining the location of the Of- tor, and academia. sonnel of such department or Defense Agen- fice, the Secretary shall, in consultation (7) It is increasingly difficult for the Fed- cy to assist the Office in carrying out its du- with the Deputy Under Secretary of Defense eral Government to recruit and retain per- ties. In providing such assistance, such per- for Science and Technology, evaluate wheth- sonnel with skills critical to directed energy sonnel shall be known collectively as ‘Tech- er to locate the Office at a site at which technology development. nology Area Working Groups’. occur a substantial proportion of the di- (8) The implementation of the rec- ‘‘(f) JOINT TECHNOLOGY BOARD OF DIREC- rected energy research, development, test, ommendations contained in the High Energy TORS.—(1) There is established in the Depart- and evaluation activities of the Department Laser Master Plan of the Department of De- ment of Defense a board to be known as the of Defense. fense is in the national interest. ‘Joint Technology Board of Directors’ (in (c) TECHNOLOGY AREA WORKING GROUPS (9) Implementation of the management this section referred to as the ‘Board’). UNDER HIGH ENERGY LASER MASTER PLAN.— structure outlined in the Master Plan will ‘‘(2) The Board shall be composed of 9 The Secretary of Defense shall provide for facilitate the development of revolutionary members as follows: the implementation of the portion of the capabilities in directed energy weapons by ‘‘(A) The Under Secretary of Defense for High Energy Laser Master Plan relating to achieving a coordinated and focused invest- Acquisition and Technology, who shall serve technology area working groups. ment strategy under a new management as chairperson of the Board. (d) ENHANCEMENT OF INDUSTRIAL BASE.—(1) structure featuring a joint technology office ‘‘(B) The Director of Defense Research and The Secretary of Defense shall develop and with senior-level oversight provided by a Engineering, who shall serve as vice-chair- undertake initiatives, including investment technology council and a board of directors. person of the Board. initiatives, for purposes of enhancing the in- (b) COORDINATION AND OVERSIGHT UNDER ‘‘(C) The senior acquisition executive of dustrial base for directed energy tech- HIGH ENERGY LASER MASTER PLAN.—(1) Sub- the Department of the Army. nologies and systems.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6272 CONGRESSIONAL RECORD — SENATE June 30, 2000 (2) Initiatives under paragraph (1) shall be SEC. . ALLOCATION OF FUNDS FOR THE PLAN- Group’’, and other affected regional parties; designed to— NING AND EXECUTION OF A BAL- and (A) stimulate the development by institu- KANS STABILIZATION CONFERENCE. (4) in order to produce a lasting political tions of higher education and the private (a) SHORT TITLE.—This section may be settlement in the Balkans acceptable to all sector of promising directed energy tech- cited as the ‘‘Balkans Peace and Prosperity parties, which can lead to the departure from nologies and systems; and Act of 2000’’. the Balkans in a timely fashion of all foreign (b) FINDINGS.—Congress makes the fol- (B) stimulate the development of a work- military forces, including those of the lowing findings: force skilled in such technologies and sys- (1) The Dayton Peace Accords and the United States, the international conference tems. cease-fire agreement that concluded Oper- should have the authority to consider any (e) ENHANCEMENT OF TEST AND EVALUATION ation Allied Force in Kosovo halted Serbian and all of the following: CAPABILITIES.—The Secretary of Defense aggression toward its neighbors and its own (A) Political boundaries. shall consider modernizing the High Energy people. (B) Humanitarian and reconstruction as- Laser Test Facility at White Sands Missile (2) Efforts to restore the economy and po- sistance for all nations in the Balkans. Range, New Mexico, in order to enhance the litical structure in Bosnia and Herzegovina (C) The stationing of United Nations peace- test and evaluation capabilities of the De- have achieved limited success in accordance keeping forces along international bound- partment of Defense with respect to directed with the Dayton Agreement. aries. energy weapons. (3) Similar efforts in Kosovo continue with (D) Security arrangements and guarantees (f) COOPERATIVE PROGRAMS AND ACTIVI- very limited success one year after the con- for all of the nations of the Balkans. TIES.—(1) The Secretary of Defense shall clusion of Operation Allied Force in June (E) Tangible, enforceable, and verifiable evaluate the feasibility and advisability of 1999. human rights guarantees for the individuals entering into cooperative programs or ac- (4) The Dayton Agreement explicitly left and peoples of the Balkans. tivities with other Federal agencies, institu- (d) AUTHORIZATION OF FUNDS FOR A BAL- certain issues unresolved, including but not tions of higher education, and the private KANS STABILIZATION CONFERENCE.—Of the limited to the status of the city of Breko and sector, including the national laboratories of amounts authorized to be appropriated by other matters. the Department of Energy, for the purpose of this Act for operations in the Balkans, there (5) Progress toward democratization and enhancing the programs, projects, and ac- are authorized to be available such sums as economic prosperity in both Bosnia and tivities of the Department of Defense relat- may be necessary not to exceed $1,000,000 for Kosovo is often hampered by continuing dis- ing to directed energy technologies, systems, the planning and execution of the conference putes among local authorities and between and weapons. The Secretary shall carry out described in subsection (c). local authorities and the international com- the evaluation in consultation with the munity. Joint Technology Board of Directors estab- (6) Other issues which are fundamental to MCCAIN AMENDMENT NO. 3737 lished by section 204 of title 10, United the future stability of the Balkan region re- States Code (as added by subsection (b) of (Ordered to lie on the table.) main unresolved, including but not limited this section). Mr. MCCAIN submitted an amend- to the future status of Kosovo, the desire of (2) The Secretary shall enter into any co- ment intended to be proposed by him other Serb provinces for greater autonomy, operative program or activity determined and the status of displaced persons who can- to the bill, S. 2549, supra; as follows: under the evaluation under paragraph (1) to not return to prewar homes. On page 32, after line 24, add the following: be feasible and advisable for the purpose set (7) The current position of the United SEC. 142. REPEAL OF PROHIBITION ON USE OF forth in that paragraph. States and its NATO allies as to the final DEPARTMENT OF DEFENSE FUNDS (g) PARTICIPATION OF JOINT TECHNOLOGY status of Kosovo and Yugoslavia calls for an FOR PROCUREMENT OF NUCLEAR- COUNCIL IN ACTIVITIES.—The Secretary of De- CAPABLE SHIPYARD CRANE FROM A autonomous, multiethnic, democratic fense shall, to the maximum extent prac- FOREIGN SOURCE. ticable, carry out activities under sub- Kosovo which would remain as part of Ser- Section 8093 of the Department of Defense sections (c), (d), (e), and (f), through the bia, and such an outcome is not supported by Appropriations Act, 2000 (Public Law 106–79; Joint Technology Council established pursu- any of the parties directly involved, includ- 113 Stat. 1253) is amended by striking sub- ant to section 204 of title 10, United States ing the Governments of Yugoslavia and Ser- section (d), relating to a prohibition on the Code. bia, representatives of the Kosovar Alba- use of Department of Defense funds to pro- nians, and the people of Yugoslavia, Serbia, (h) FUNDING FOR FISCAL YEAR 2001.—(1) Of cure a nuclear-capable shipyard crane from a the amount authorized to be appropriated by and Kosovo. foreign source. section 201(4) for research, development, test, (8) There has been no final political settle- and evaluation, Defense-wide, up to ment in Bosnia-Herzegovina, where the Armed Forces of the United States, its WARNER (AND BYRD) AMENDMENT $50,000,000 may be available for science and NO. 3738 technology activities relating to directed en- NATO allies, and other non-Balkan nations ergy technologies, systems, and weapons. have been enforcing an uneasy peace since (Ordered to lie on the table.) (2) The Director of the Joint Technology 1996, at a cost to the United States alone of Mr. WARNER (for himself and Mr. more than $10,000,000,000 with no clear end in Office established pursuant to section 204 of BYRD) submitted an amendment in- title 10, United States Code, shall allocate sight to such enforcement. (9) An effective exit strategy for the with- tended to be proposed by them to the amounts available under paragraph (1) bill, S. 2549, supra; as follows: among appropriate program elements of the drawal from the Balkans of foreign military On page 586, after line 20, add the fol- Department of Defense, and among coopera- forces is contingent upon the achievement of lowing: tive programs and activities under this sec- a lasting political settlement for the region, tion, in accordance with such procedures as and only such a settlement, acceptable to all SEC. 3138. NATIONAL COMMISSION ON NUCLEAR SECURITY. the Director shall establish. parties involved, can ensure the fundamental (3) In establishing procedures for purposes goals of the United States of peace, stability, (a) ESTABLISHMENT.—There is hereby es- of the allocation of funds under paragraph and human rights in the Balkans. tablished a commission to be known as the (2), the Director shall provide for the com- (c) SENSE OF CONGRESS REGARDING THE ‘‘National Commission on Nuclear Security’’ NEED FOR A BALKANS STABILIZATION CON- petitive selection of programs, projects, and (in this section referred to as the ‘‘Commis- FERENCE.—It is the sense of Congress that— activities to be the recipients of such funds. sion’’). (1) the United States should take the lead (b) ORGANIZATIONAL MATTERS.—(1)(A) Sub- (i) DIRECTED ENERGY DEFINED.—In this section, the term ‘‘directed energy’’, with re- in convening a Balkans Stabilization Con- ject to subparagraph (B), the Commission spect to technologies, systems, or weapons, ference to evaluate progress on implementa- shall be composed of 14 members appointed means technologies, systems, or weapons tion of the Dayton Peace Accords regarding from among individuals in the public and that provide for the directed transmission of Bosnia and the cease-fire agreement with private sectors who have recognized experi- energies across the energy and frequency Serbia that ended Operation Allied Force; ence in matters related to nuclear weapons spectrum, including high energy lasers and (2) a Balkans Stabilization Conference and materials, safeguards and security, high power microwaves. would serve a critical purpose of reviewing counterintelligence, and organizational man- progress to date and considering such modi- agement, as follows: fications to those agreements as may be ap- (i) Three shall be appointed by the Major- HUTCHISON (AND CLELAND) propriate to foster stability, self-sustained ity Leader of the Senate. AMENDMENT NO. 3736 peace, improved self-determination by the (ii) Two shall be appointed by the Minority (Ordered to lie on the table.) inhabitants of the region, and the eventual Leader of the Senate. Mrs. HUTCHISON (for herself and reduction in the levels of outside peace- (iii) Three shall be appointed by the Speak- keepers; er of the House of Representatives. Mr. CLELAND) submitted an amend- (3) the potential for a successful review (iv) Two shall be appointed by the Minor- ment intended to be proposed by them conference would be maximized if it included ity Leader of the House of Representatives. to the bill, S. 2549, supra; as follows: the parties to the Dayton and Operation Al- (v) One shall be appointed by the Chairman On page 462, between lines 2 and 3, insert lied Force peace agreements, including rep- of the Committee on Armed Services of the the following: resentatives of NATO, the Balkans ‘‘Contact Senate.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6273 (vi) One shall be appointed by the ranking (3) The report may include recommenda- son should preclude the administration of member of the Committee on Armed Serv- tions for legislation and administrative ac- the examination. ices of the Senate. tion. ‘‘(3)(A) The Secretary may not commence (vii) One shall be appointed by the Chair- (e) PERSONNEL MATTERS.—(1)(A) Each the exercise of the authority under para- man of the Committee on Armed Services of member of the Commission who is not an of- graph (2) to waive the applicability of para- the House of Representatives. ficer or employee of the Federal Government graph (1) to any covered persons until 15 (viii) One shall be appointed by the rank- shall be compensated at a rate equal to the days after the date on which the Secretary ing member of the Committee on Armed daily equivalent of the annual rate of basic submits to the appropriate committees of Services of the House of Representatives. pay prescribed for level IV of the Executive Congress a report setting forth the criteria (B) The members of the Commission may Schedule under section 5316 of title 5, United to be utilized by the Secretary for deter- not include a sitting Member of Congress. States Code, for each day (including travel- mining when a waiver under paragraph (2)(A) (C) Members of the Commission shall be time) during which such member is engaged is important to the national security inter- appointed not later than 60 days after the in the performance of the duties of the Com- ests of the United States. The criteria shall date of the enactment of this Act. mission. include an assessment of counterintelligence (2) Any vacancies in the Commission shall (B) All members of the Commission who risks and programmatic impacts. be filled in the same manner as the original are officers or employees of the United ‘‘(B) Any waiver under paragraph (2)(A) appointment, and shall not affect the powers States shall serve without compensation in shall be effective for not more than 120 days. of the Commission. addition to that received for their services as ‘‘(C) Any waiver under paragraph (2)(C) (3)(A) Subject to subparagraph (B), the officers or employees of the United States. shall be effective for the duration of the chairman of the Commission shall be des- (2) The members of the Commission shall treatment on which such waiver is based. ‘‘(4) The Secretary shall submit to the ap- ignated by the Majority Leader of the Sen- be allowed travel expenses, including per propriate committees of Congress on a semi- ate, in consultation with the Speaker of the diem in lieu of subsistence, at rates author- annual basis a report on any determinations House of Representatives, from among the ized for employees of agencies under sub- made under paragraph (2)(A) during the 6- members of the Commission appointed under chapter I of chapter 57 of title 5, United month period ending on the date of such re- paragraph (1)(A). States Code, while away from their homes or port. The report shall include a national se- (B) The chairman of the Commission may regular places of business in the performance curity justification for each waiver resulting not be designated under subparagraph (A) of services for the Commission. from such determinations. until seven members of the Commission have (3) Any officer or employee of the United States may be detailed to the Commission ‘‘(5) In this subsection, the term ‘appro- been appointed under paragraph (1). priate committees of Congress’ means the (4) The Commission may commence its ac- without reimbursement, and such detail shall be without interruption or loss of civil following: tivities under this section upon the designa- ‘‘(A) The Committee on Armed Services tion of the chairman of the Commission service status or privilege. (f) INAPPLICABILITY OF FACA.—The provi- and the Select Committee on Intelligence of under paragraph (3). the Senate. (5) The members of the Commission shall sions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activi- ‘‘(B) The Committee on Armed Services establish procedures for the activities of the and the Permanent Select Committee on In- Commission, including procedures for calling ties of the Commission. (g) TERMINATION.—The Commission shall telligence of the House of Representatives. meetings, requirements for quorums, and the terminate not later than 90 days after the ‘‘(6) It is the sense of Congress that the manner of taking votes. date on which the Commission submits its waiver authority in paragraph (2) not be used (c) DUTIES.—The Commission shall review report under subsection (d). by the Secretary to exempt from the applica- the efficacy of the organization of the Na- (h) FUNDING.—Of the amounts authorized bility of paragraph (1) any covered persons in tional Nuclear Security Administration, and to be appropriated by sections 3101 and 3103, the highest risk categories, such as persons the appropriate organization and manage- not more than $975,000 shall be available for who have access to the most sensitive weap- ment of the nuclear weapons programs of the the activities of the Commission under this ons design information and other highly sen- United States, including— section. Amounts available to the Commis- sitive programs, including special access pro- (1) whether the national security functions sion under this section shall remain avail- grams. of the Department of Energy, including the able until expended. ‘‘(7) The authority under paragraph (2) to National Nuclear Security Administration, waive the applicability of paragraph (1) to a should— covered person shall expire on September 30, (A) be transferred to the Department of WARNER (AND OTHERS) 2002.’’. Defense; AMENDMENT NO. 3739 (B) be established as a semiautonomous (Ordered to lie on the table.) INHOFE (AND NICKLES) agency within the Department of Defense; Mr. WARNER (for himself, Mr. AMENDMENT NO. 3740 (C) be established as an independent agen- SHELBY, and Mr. BRYAN) submitted an cy; or Mr. WARNER (for Mr. INHOFE (for (D) remain as a semiautonomous agency amendment intended to be proposed by himself and Mr. NICKLES) proposed an within the Department of Energy (as pro- them to the bill, S. 2549, supra; as fol- amendment to the bill, S. 2549, supra; vided for under the provisions of the Na- lows: as follows: tional Nuclear Security Administration Act On page 595, strike line 23 and all that fol- On page 58, between lines 7 and 8, insert (title XXXII of Public Law 106–65)); lows through page 597, line 3, and insert the the following: (2) whether the requirements and objec- following: SEC. 313. INDUSTRIAL MOBILIZATION CAPACITY tives of the National Nuclear Security Ad- ‘‘(2) Subject to paragraph (3), the Secretary AT GOVERNMENT-OWNED, GOVERN- ministration Act are being fully imple- may waive the applicability of paragraph (1) MENT-OPERATED ARMY AMMUNI- mented by the Secretary of Energy and Ad- to a covered person— TION FACILITIES AND ARSENALS. ministrator of the National Nuclear Security ‘‘(A) if— Of the amount authorized to be appro- Administration; ‘‘(i) the Secretary determines that the priated under section 301(1), $51,280,000 shall (3) the feasibility and advisability of var- waiver is important to the national security be available for funding the industrial mobi- ious means of improving the security and interests of the United States; lization capacity at Army ammunition fa- counterintelligence posture of the programs ‘‘(ii) the covered person has a current secu- cilities and arsenals that are government of the National Nuclear Security Adminis- rity clearance; and owned, government operated. tration; and ‘‘(iii) the covered person acknowledges in a (4) the feasibility and advisability of var- signed writing that the capacity of the cov- DORGAN (AND CONRAD) ious modifications of existing management ered person to perform duties under a high- AMENDMENT NO. 3741 and operating contracts for the laboratories risk program after the expiration of the under the jurisdiction of the National Nu- waiver is conditional upon meeting the re- Mr. LEVIN (for Mr. DORGAN (for him- clear Security Administration. quirements of paragraph (1) within the effec- self and Mr. CONRAD)) proposed an (d) REPORT.—(1) Not later than May 1, 2001, tive period of the waiver; amendment to the bill, S. 2549, supra; the Commission shall submit to the Sec- ‘‘(B) if another Federal agency certifies to as follows: retary of Defense and the Secretary of En- the Secretary that the covered person has At the appropriate place, insert: ergy, and to Congress, a report containing completed successfully a full-scope or coun- SEC. . SENSE OF THE SENATE RESOLUTION ON the findings and recommendations of the terintelligence-scope polygraph examination THE MODERNIZATION OF AIR NA- Commission as a result of the review under during the 5-year period ending on the date TIONAL GUARD F–16A UNITS. subsection (c). of the certification; or (a) FINDINGS.—Congress finds that— (2) The report shall include any pertinent ‘‘(C) if the Secretary determines, after con- (1) Certain U.S. Air Force Air National comments by an individual serving as Sec- sultation with the covered person and appro- Guard fighter units are flying some of the retary of Energy during the duration of the priate medical personnel and security per- world’s oldest and least capable F–16A air- review that such individual considers appro- sonnel, that the treatment of a medical or craft which are approaching the end of their priate for the report, psychological condition of the covered per- service lives.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6274 CONGRESSIONAL RECORD — SENATE June 30, 2000 (2) The aircraft are generally incompatible ‘‘(2) Grants to institutions of higher edu- person under this section may also be pro- with those flown by the active force and cation. vided to support internship activities of the therefore cannot be effectively deployed to ‘‘§ 2200a. Scholarship program person at the Department of Defense in peri- theaters of operation to support contin- ods between the academic years leading to ‘‘(a) AUTHORITY.—The Secretary of Defense the degree for which assistance is provided gencies and to relieve the high operations may, subject to subsection (g), provide finan- the person under this section. tempo of active duty units. cial assistance in accordance with this sec- (3) The Air Force has specified no plans to ‘‘(e) REFUND FOR PERIOD OF UNSERVED OB- tion to a person pursuing a baccalaureate or replace these obsolescent aircraft before the LIGATED SERVICE.—(1) A person who volun- advanced degree in an information assurance year 2007 at the earliest. tarily terminates service before the end of discipline referred to in section 2200(a) of (b) SENSE OF THE SENATE.—It is the sense the period of obligated service required this title at an institution of higher edu- of the Senate that in light of these findings— under an agreement entered into under sub- cation who enters into an agreement with (1) The Air Force should, by February 1, section (b) shall refund to the United States the Secretary as described in subsection (b). 2001, provide Congress with a plan to mod- an amount determined by the Secretary of ‘‘(b) SERVICE AGREEMENT FOR SCHOLARSHIP ernize and upgrade the combat capabilities Defense as being appropriate to obtain ade- RECIPIENTS.—(1) To receive financial assist- of those Air National Guard units that are quate service in exchange for financial as- ance under this section— now flying F–16As so they can deploy as part sistance and otherwise to achieve the goals ‘‘(A) a member of the armed forces shall of Air Expeditionary Forces and assist in re- set forth in section 2200(a) of this title. enter into an agreement to serve on active ‘‘(2) An obligation to reimburse the United lieving the high operations tempo of active duty in the member’s armed force for the pe- States imposed under paragraph (1) is for all duty units. riod of obligated service determined under purposes a debt owed to the United States. paragraph (2); ‘‘(3) The Secretary of Defense may waive, WARNER AMENDMENT NO. 3742 ‘‘(B) an employee of the Department of De- in whole or in part, a refund required under Mr. WARNER proposed an amend- fense shall enter into an agreement to con- paragraph (1) if the Secretary determines that recovery would be against equity and ment to amendment No. 3420 proposed tinue in the employment of the department for the period of obligated service deter- good conscience or would be contrary to the by him (for Mr. INHOFE) to the bill, S. mined under paragraph (2); and best interests of the United States. 2459, supra; as follows: ‘‘(C) a person not referred to in subpara- ‘‘(f) EFFECT OF DISCHARGE IN BANK- Strike the matter proposed to be inserted graph (A) or (B) shall enter into an agree- RUPTCY.—A discharge in bankruptcy under and insert the following: ment— title 11 that is entered less than 5 years after the termination of an agreement under this SEC. 1061. DEPARTMENT OF DEFENSE PROCESS ‘‘(i) to enlist or accept a commission in one section does not discharge the person signing FOR DECISIONMAKING IN CASES OF of the armed forces and to serve on active such agreement from a debt arising under FALSE CLAIMS. duty in that armed force for the period of ob- such agreement or under subsection (e). Not later than February 1, 2001, the Sec- ligated service determined under paragraph ‘‘(g) ALLOCATION OF FUNDING.—Not less retary of Defense shall submit to Congress a (2); or report describing the policies and procedures than 50 percent of the amount available for ‘‘(ii) to accept and continue employment in financial assistance under this section for a for Department of Defense decisionmaking the Department of Defense for the period of fiscal year shall be available only for pro- on issues arising under sections 3729 through obligated service determined under para- viding financial assistance for the pursuit of 3733 of title 31, United States Code, in cases graph (2). degrees referred to in subsection (a) at insti- of claims submitted to the Department of ‘‘(2) For the purposes of this subsection, tutions of higher education that have estab- Defense that are suspected or alleged to be the period of obligated service for a recipient lished, improved, or are administering pro- false. The report shall include a discussion of of financial assistance under this section grams of education in information assurance any changes that have been made in the poli- shall be the period determined by the Sec- under the grant program established in sec- cies and procedures since January 1, 2000. retary of Defense as being appropriate to ob- tion 2200b of this title, as determined by the tain adequate service in exchange for the fi- Secretary of Defense. WARNER AMENDMENT NO. 3743 nancial assistance and otherwise to achieve ‘‘§ 2200b. Grant program the goals set forth in section 2200(a) of this ‘‘(a) AUTHORITY.—The Secretary of Defense Mr. WARNER proposed an amend- title. In no event may the period of service ment to the bill, S. 2549, supra; as fol- may provide grants of financial assistance to required of a recipient be less than the pe- institutions of higher education to support lows: 3 riod equal to ⁄4 of the total period of pursuit the establishment, improvement, or adminis- On page 380, strike line 4 and all that fol- of a degree for which the Secretary agrees to tration of programs of education in informa- lows through page 385, line 8, and insert the provide the recipient with financial assist- tion assurance disciplines referred to in sec- following: ance under this section. The period of obli- tion 2200(a) of this title. SEC. 1042. INFORMATION SECURITY SCHOLAR- gated service is in addition to any other pe- ‘‘(b) PURPOSES.—The proceeds of grants SHIP PROGRAM. riod for which the recipient is obligated to under this section may be used by an institu- (a) ESTABLISHMENT OF PROGRAM.—(1) Part serve on active duty or in the civil service, tion of higher education for the following III of subtitle A of title 10, United States as the case may be. purposes: Code, is amended by adding at the end the ‘‘(3) An agreement entered into under this ‘‘(1) Faculty development. following: section by a person pursuing an academic de- ‘‘(2) Curriculum development. gree shall include clauses that provide the ‘‘CHAPTER 112—INFORMATION SECURITY ‘‘(3) Laboratory improvements. following: SCHOLARSHIP PROGRAM ‘‘(4) Faculty research in information secu- ‘‘(A) That the period of obligated service rity. ‘‘Sec. begins on a date after the award of the de- ‘‘2200. Programs; purpose. ‘‘§ 2200c. Centers of Academic Excellence in gree that is determined under the regula- Information Assurance Education ‘‘2200a. Scholarship program. tions prescribed under section 2200d of this ‘‘2200b. Grant program. ‘‘In the selection of a recipient for the title. award of a scholarship or grant under this ‘‘2200c. Centers of Academic Excellence in In- ‘‘(B) That the person will maintain satis- formation Assurance Edu- chapter, consideration shall be given to factory academic progress, as determined in whether— cation. accordance with those regulations, and that ‘‘2200d. Regulations. ‘‘(1) in the case of a scholarship, the insti- failure to maintain such progress constitutes ‘‘2200e. Definitions. tution at which the recipient pursues a de- grounds for termination of the financial as- ‘‘2200f. Inapplicability to Coast Guard. gree is a Center of Academic Excellence in sistance for the person under this section. ‘‘§ 2200. Programs; purpose Information Assurance Education; and ‘‘(C) Any other terms and conditions that ‘‘(2) in the case of a grant, the recipient is ‘‘(a) IN GENERAL.—To encourage the re- the Secretary of Defense determines appro- a Center of Academic Excellence in Informa- cruitment and retention of Department of priate for carrying out this section. tion Assurance Education. Defense personnel who have the computer ‘‘(c) AMOUNT OF ASSISTANCE.—The amount and network security skills necessary to of the financial assistance provided for a per- ‘‘§ 2200d. Regulations meet Department of Defense information as- son under this section shall be the amount ‘‘The Secretary of Defense shall prescribe surance requirements, the Secretary of De- determined by the Secretary of Defense as regulations for the administration of this fense may carry out programs in accordance being necessary to pay all educational ex- chapter. with this chapter to provide financial sup- penses incurred by that person, including ‘‘§ 2200e. Definitions port for education in disciplines relevant to tuition, fees, cost of books, laboratory ex- ‘‘In this chapter: those requirements at institutions of higher penses, and expenses of room and board. The ‘‘(1) The term ‘information assurance’ in- education. expenses paid, however, shall be limited to cludes the following: ‘‘(b) TYPES OF PROGRAMS.—The programs those educational expenses normally in- ‘‘(A) Computer security. authorized under this chapter are as follows: curred by students at the institution of high- ‘‘(B) Network security. ‘‘(1) Scholarships for pursuit of programs er education involved. ‘‘(C) Any other information technology of education in information assurance at in- ‘‘(d) USE OF ASSISTANCE FOR SUPPORT OF IN- that the Secretary of Defense considers re- stitutions of higher education. TERNSHIPS.—The financial assistance for a lated to information assurance.

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‘‘(2) The term ‘institution of higher edu- be available for the advanced tank arma- (b) LIMITATION.—The Administrator may cation’ has the meaning given the term in ment system program for the development not exercise the authority in subsection (a) section 101 of the Higher Education Act of and execution of the plan for comparing until the later of— 1965 (20 U.S.C. 1001). costs and operational effectiveness of me- (1) 30 days after the date on which the plan ‘‘(3) The term ‘Center of Academic Excel- dium armored combat vehicles required required by section 3135(a) is submitted to lence in Information Assurance Education’ under section 112(b). the Committees on Armed Services of the means an institution of higher education Senate and House of Representatives under that is designated as a Center of Academic WARNER AMENDMENT NO. 3747 that section; or Excellence in Information Assurance Edu- (2) the date on which the Administrator cation by the Director of the National Secu- Mr. WARNER proposed an amend- certifies to Congress that the design and con- rity Agency. ment to the bill, S. 2549, supra; as fol- struction of the complex in accordance with ‘‘§ 2200f. Inapplicability to Coast Guard lows: the feasibility study is consistent with the plan required by section 3135(i). ‘‘This chapter does not apply to the Coast On page 415, between lines 2 and 3, insert (c) BASIS OF AUTHORITY.—The design and Guard when it is not operating as a service the following: construction of the operations office com- in the Navy.’’. SEC. 1061. TWO-YEAR EXTENSION OF AUTHORITY plex authorized by subsection (a) shall be (2) The tables of chapters at the beginning TO ENGAGE IN COMMERCIAL AC- carried out through one or more energy sav- of subtitle A of title 10, United States Code, TIVITIES AS SECURITY FOR INTEL- ings performance contracts (ESPC) entered and the beginning of part III of such subtitle LIGENCE COLLECTION ACTIVITIES. into under this section and in accordance are amended by inserting after the item re- Section 431(a) of title 10, United States with the provisions of title VIII of the Na- lating to chapter 111 the following: Code, is amended in the second sentence by tional Energy Policy Conservation Act (42 ‘‘112. Information Security Scholar- striking ‘‘December 31, 2000’’ and inserting ‘‘December 31, 2002’’. U.S.C. 8287 et seq.). ship Program ...... 2200’’. (d) PAYMENT OF COSTS.—Amounts for pay- (b) FUNDING.—Of the amount authorized to ments of costs associated with the construc- be appropriated under section 301(5), DOMENICI (AND OTHERS) tion of the operations office complex author- $20,000,000 shall be available for carrying out AMENDMENT NO. 3748 ized by subsection (a) shall be derived from energy savings and ancillary operation and chapter 112 of title 10, United States Code (as Mr. WARNER (for Mr. DOMENICI (for added by subsection (a)). maintenance savings that result from the re- himself, Mr. BINGAMAN, and Mrs. MUR- (c) REPORT.—Not later than April 1, 2001, placement of a current Department of En- the Secretary of Defense shall submit to the RAY)) proposed an amendment to the ergy operations office complex (as identified congressional defense committees a plan for bill, S 2549, supra; as follows: in the feasibility study referred to in sub- implementing the programs under chapter On page 546, after line 13, add the fol- section (a)) with the operations office com- 112 of title 10, United States Code. lowing: plex authorized by subsection (a). SEC. 2882. SENSE OF CONGRESS REGARDING ROBERTS AMENDMENT NO. 3744 LAND TRANSFERS AT MELROSE CRAPO AMENDMENT NO. 3750 RANGE, NEW MEXICO, AND YAKIMA Mr. WARNER (for Mr. ROBERTS) pro- TRAINING CENTER, WASHINGTON. Mr. WARNER (for Mr. CRAPO) proposed an amendment to the bill, S. (a) FINDINGS.—Congress makes the fol- posed an amendment to the bill, S. 2549, supra; as follows: lowing findings: 2549, supra; as follows: On page 610, between lines 13 and 14, insert (1) The Secretary of the Air Force seeks On page 603, between lines 18 and 19, insert the following: the transfer of 6,713 acres of public domain the following: land within the Melrose Range, New Mexico, SEC. . CONCEPTUAL DESIGN FOR SUBSURFACE SEC. 3178. ADJUSTMENT OF THRESHOLD RE- from the Department of the Interior to the QUIREMENT FOR SUBMISSION OF GEOSCIENCES LABORATORY AT REPORTS ON ADVANCED COMPUTER Department of the Air Force for the contin- IDAHO NATIONAL ENGINEERING SALES TO TIER III FOREIGN COUN- ued use of these lands as a military range. AND ENVIRONMENTAL LABORA- TRIES. (2) The Secretary of the Army seeks the TORY, IDAHO FALLS, IDAHO. Section 3157 of the National Defense Au- transfer of 6,640 acres of public domain land (a) AUTHORIZATION.—Of the amounts authorization Act for Fiscal Year 1998 (Public within the Yakima Training Center, Wash- thorized to be appropriated by paragraphs (2) Law 105–85; 111 Stat. 2045) is amended by add- ington, from the Department of the Interior and (3) of section 3102(a), not more than ing at the end the following: to the Department of the Army for military $400,000 shall be available to the Secretary of ‘‘(e) ADJUSTMENT OF PERFORMANCE LEV- training purposes. Energy for purposes of carrying out a con- ELS.—Whenever a new composite theoretical (3) The transfers provide the Department ceptual design for a Subsurface Geosciences performance level is established under sec- of the Air Force and the Department of the Laboratory, Idaho Falls, Idaho. tion 1211(d), that level shall apply for pur- Army with complete land management con- (b) LIMITATION.—None of the funds author- poses of subsection (a) of this section in lieu trol of these public domain lands to allow for ized to be appropriated by section (a) may be of the level set forth in subsection (a).’’. effective land management, minimize safety obligated until 60 days after the Secretary concerns, and ensure meaningful training. submits the report required by section (c). (c) REPORT.—The Secretary of Energy shall LEVIN (AND OTHERS) AMENDMENT (4) The Department of the Interior concurs with the land transfers at Melrose Range and submit to the congressional defense commit- NO. 3745 Yakima Training Center. tees a report on the proposed Subsurface Geosciences Laboratory, including the fol- Mr. LEVIN (for himself, Mr. LIEBER- (b) SENSE OF CONGRESS.—It is the sense of lowing: MAN, and Mr. CLELAND) proposed an Congress that the land transfers at Melrose Range, New Mexico, and Yakima Training (1) The need to conduct mesoscale experi- amendment to the bill, S. 2549, supra; ments to meet long-term clean-up require- as follows: Center, Washington, will support military training, safety, and land management con- ments at Department of Energy sites. (2) The possibility of utilizing or modifying On page 18, line 4, strike ‘‘$2,184,608,000’’ cerns on the lands subject to transfer. and insert ‘‘$2,203,508,000’’. an existing structure or facility to house a On page 16, line 22, strike ‘‘$4,068,570,000’’ new mesoscale experimental capability. and insert ‘‘$4,049,670,000’’. BINGAMAN AMENDMENT NO. 3749 (3) The estimated construction cost of the facility. Mr. LEVIN (for Mr. BINGAMAN) pro- (4) The estimated annual operating cost of WARNER (AND OTHERS) posed an amendment to the bill, S. the facility. AMENDMENT NO. 3746 2549, supra; as follows: (5) How the facility will utilize, integrate, Mr. WARNER (for himself, Mr. On page 586, following line 20, add the fol- and support the technical expertise, capabilities, and requirements at other Department SANTORUM, and Mr. LIEBERMAN) pro- lowing: of Energy and non-Department of Energy fa- posed an amendment to the bill, S. SEC. 3138. CONSTRUCTION OF NATIONAL NU- CLEAR SECURITY ADMINISTRATION cilities. 2549, supra; as follows: OPERATIONS OFFICE COMPLEX. (6) An analysis of costs, savings, and bene- On page 33, line 10, strike ‘‘$5,461,946,000’’ (a) AUTHORITY FOR DESIGN AND CONSTRUC- fits which are unique to the Idaho National and insert ‘‘$5,501,946,000’’. TION.—Subject to subsection (b), the Admin- Engineering and Environmental Laboratory. On page 33, line 12, strike ‘‘$13,927,836,000’’ istrator of the National Nuclear Security and insert ‘‘$13,887,836,000’’. Administration may provide for the design BENNETT AMENDMENT NO. 3751 On page 48, between lines 20 and 21, insert and construction of a new operations office the following: complex for the National Nuclear Security Mr. WARNER (for Mr. BENNETT) pro- SEC. 222. FUNDING FOR COMPARISONS OF ME- Administration in accordance with the feasi- posed an amendment to the bill, S. DIUM ARMORED COMBAT VEHICLES. bility study regarding such operations office 2549, supra; as follows: Of the amount authorized to be appro- complex conducted under the National De- On page 611, after line 21, add the fol- priated under section 201(1), $40,000,000 shall fense Authorization Act for Fiscal Year 2000. lowing:

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6276 CONGRESSIONAL RECORD — SENATE June 30, 2000 SEC. 3202. LAND TRANSFER AND RESTORATION. paragraphs (B) and (C) of subsection (b)(2) in ‘‘(B) located or found on the NOSR–2 land (a) SHORT TITLE.—This section may be accordance with the Federal Land Policy and conveyed to the Tribe. cited as the ‘‘Ute-Moab Land Restoration Management Act of 1976 (43 U.S.C. 1701 et ‘‘(2) TRIBAL JURISDICTION.—The protection Act’’. seq.). described in paragraph (1) shall be performed (b) TRANSFER OF OIL SHALE RESERVE.—Sec- ‘‘(2) MANAGEMENT PLAN.—Not later than 3 solely under tribal jurisdiction tion 3405 of the Strom Thurmond National years after the date of enactment of this sec- ‘‘(h) HORSES.— Defense Authorization Act for Fiscal Year tion, the Secretary shall submit to Congress ‘‘(1) IN GENERAL.—The Tribe shall manage, 1999 (10 U.S.C. 7420 note; Public Law 105–261) a land use plan for the management of the protect, and assert control over any horse is amended to read as follows: land and interests in land referred to in para- not owned by the Tribe or tribal members ‘‘SEC. 3405. TRANSFER OF OIL SHALE RESERVE graph (1). NUMBERED 2. that is located or found on the NOSR–2 land ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— conveyed to the Tribe in a manner that is ‘‘(a) DEFINITIONS.—In this section: There are authorized to be appropriated to consistent with Federal law governing the ‘‘(1) MAP.—The term ‘‘map’’ means the the Secretary such sums as are necessary to management, protection, and control of map depicting the boundaries of NOSR–2, to carry out this subsection. be kept on file and available for public in- horses in effect on the date of enactment of ‘‘(e) ROYALTY.— spection in the offices of the Department of this section. ‘‘(1) PAYMENT OF ROYALTY.— the Interior. ‘‘(2) TRIBAL JURISDICTION.—The manage- ‘‘(A) IN GENERAL.—The royalty interest re- ‘‘(2) MOAB SITE.—The term ‘Moab site’ ment, control, and protection of horses de- served from conveyance in subsection means the Moab uranium milling site lo- scribed in paragraph (1) shall be performed (b)(2)(A) that is required to be paid by the cated approximately 3 miles northwest of solely— Tribe shall not include any development, Moab, Utah, and identified in the Final Envi- ‘‘(A) under tribal jurisdiction; and production, marketing, and operating ex- ronmental Impact Statement issued by the ‘‘(B) in accordance with a government-to- penses. Nuclear Regulatory Commission in March government agreement between the Tribe ‘‘(B) FEDERAL TAX RESPONSIBILITY.—The 1996, in conjunction with Source Material Li- United States shall bear responsibility for and the Secretary. cense No. SUA 917. and pay— ‘‘(i) REMEDIAL ACTION AT MOAB SITE.— ‘‘(3) NOSR–2.—The term ‘NOSR–2’ means ‘‘(i) gross production taxes; ‘‘(1) INTERIM REMEDIAL ACTION.— Oil Shale Reserve Numbered 2, as identified ‘‘(ii) pipeline taxes; and ‘‘(A) PLAN.—Not later than 1 year after the on a map on file in the Office of the Sec- ‘‘(iii) allocation taxes assessed against the date of enactment of this section, the Sec- retary of the Interior. gross production. retary of Energy shall prepare a plan for re- ‘‘(4) TRIBE.—The term ‘Tribe’ means the ‘‘(2) REPORT.—The Tribe shall submit to medial action, including ground water res- Ute Indian Tribe of the Uintah and Ouray In- the Secretary of Energy and to Congress an toration, at the uranium milling site near dian Reservation. annual report on resource development and ‘‘(b) CONVEYANCE.— Moab, Utah, under section 102(a) of the Ura- other activities of the Tribe concerning the ‘‘(1) IN GENERAL.—Except as provided in nium Mill Tailings Radiation Control Act of paragraph (2), the United States conveys to conveyance under subsection (b). 1978 (42 U.S.C. 7912(a)). the Tribe, subject to valid existing rights in ‘‘(3) FINANCIAL AUDIT.— ‘‘(B) COMMENCEMENT OF REMEDIAL ACTION.— effect on the day before the date of enact- ‘‘(A) IN GENERAL.—Not later than 5 years The Secretary of Energy shall commence re- ment of this section, all Federal land within after the date of enactment of this section, medial action as soon as practicable after the exterior boundaries of NOSR–2 in fee and every 5 years thereafter, the Tribe shall the preparation of the plan. simple (including surface and mineral obtain an audit of all resource development ‘‘(C) TERMINATION OF LICENSE.—The license rights). activities of the Tribe concerning the con- for the materials at the site issued by the veyance under subsection (b), as provided ‘‘(2) RESERVATIONS.—The conveyance under Nuclear Regulatory Commission shall termi- paragraph (1) shall not include the following under chapter 75 of title 31, United States nate 1 year from the date of enactment of reservations of the United States: Code. this section, unless the Secretary of Energy ‘‘(A) A 9 percent royalty interest in the ‘‘(B) INCLUSION OF RESULTS.—The results of determines that the license may be termi- value of any oil, gas, other hydrocarbons, each audit under this paragraph shall be in- nated earlier. and all other minerals from the conveyed cluded in the next annual report submitted ‘‘(D) ACTIVITIES OF THE TRUSTEE OF THE land that are produced, saved, and sold, the after the date of completion of the audit. MOAB RECLAMATION TRUST.— Until the license payments for which shall be made by the ‘‘(f) RIVER MANAGEMENT.— referred to in subparagraph (C) terminates, Tribe or its designee to the Secretary of En- ‘‘(1) IN GENERAL.—The Tribe shall manage, the Trustee of the Moab Reclamation Trust ergy during the period that the oil, gas, hy- under Tribal jurisdiction and in accordance (referred to in this paragraph as the ‘Trust- drocarbons, or minerals are being produced, with ordinances adopted by the Tribe, land ee’), subject to the availability of funds ap- saved, sold, or extracted. of the Tribe that is adjacent to, and within propriated specifically for a purpose de- 1 ‘‘(B) The portion of the bed of Green River ⁄4 mile of, the Green River in a manner scribed in clauses (i) through (iii) or made contained entirely within NOSR–2, as de- that— available by the Trustee from the Moab Rec- picted on the map. ‘‘(A) maintains the protected status of the lamation Trust, may carry out— ‘‘(C) The land (including surface and min- land; and ‘‘(i) interim measures to reduce or elimi- eral rights) to the west of the Green River ‘‘(B) is consistent with the government-to- nate localized high ammonia concentrations within NOSR–2, as depicted on the map. government agreement and in the memo- identified by the United States Geological randum of understanding dated February 11, ‘‘(D) A 1⁄4 mile scenic easement on the east Survey in a report dated March 27, 2000, in side of the Green River within NOSR–2. 2000, as agreed to by the Tribe and the Sec- the Colorado River; ‘‘(3) CONDITIONS.— retary. ‘‘(ii) activities to dewater the mill tailings; ‘‘(A) MANAGEMENT AUTHORITY.—On comple- ‘‘(2) NO MANAGEMENT RESTRICTIONS.—An or- and tion of the conveyance under paragraph (1), dinance referred to in paragraph (1) shall not ‘‘(iii) other activities, subject to the au- the United States relinquishes all manage- impair, limit, or otherwise restrict the man- thority of the Secretary of Energy and the ment authority over the conveyed land (in- agement and use of any land that is not Nuclear Regulatory Commission. cluding tribal activities conducted on the owned, controlled, or subject to the jurisdic- ‘‘(E) TITLE; CARETAKING.—Until the date on land). tion of the Tribe. which the Moab site is sold under paragraph ‘‘(B) NO REVERSION.—The land conveyed to ‘‘(3) REPEAL OR AMENDMENT.—An ordinance (4), the Trustee— the Tribe under this subsection shall not re- adopted by the Tribe and referenced in the ‘‘(i) shall maintain title to the site; and vert to the United States for management in government-to-government agreement may ‘‘(ii) shall act as a caretaker of the prop- trust status. not be repealed or amended without the writ- erty and in that capacity exercise measures ‘‘(C) USE OF EASEMENT.—The reservation of ten approval of— of physical safety consistent with past prac- the easement under paragraph (2)(D) shall ‘‘(A) the Tribe; and tice, until the Secretary of Energy relieves not affect the right of the Tribe to obtain, ‘‘(B) the Secretary. the Trustee of that responsibility. use, and maintain access to, the Green River ‘‘(g) PLANT SPECIES.— ‘‘(2) LIMIT ON EXPENDITURES.—The Sec- through the use of the road within the ease- ‘‘(1) IN GENERAL.—In accordance with a retary shall limit the amounts expended in ment, as depicted on the map. government-to-government agreement be- carrying out the remedial action under para- ‘‘(c) WITHDRAWALS.—Each withdrawal that tween the Tribe and the Secretary, in a man- graph (1) to— applies to NOSR–2 and that is in effect on ner consistent with levels of legal protection ‘‘(A) amounts specifically appropriated for the date of enactment of this section is re- in effect on the date of enactment of this the remedial action in an Act of appropria- voked to the extent that the withdrawal ap- section, the Tribe shall protect, under ordi- tion; and plies to NOSR–2. nances adopted by the Tribe, any plant spe- ‘‘(B) other amounts made available for the ‘‘(d) ADMINISTRATION OF RESERVED LAND cies that is— remedial action under this subsection. AND INTERESTS IN LAND.— ‘‘(A) listed as an endangered species or ‘‘(3) RETENTION OF ROYALTIES.— ‘‘(1) IN GENERAL.—The Secretary of the In- threatened species under section 4 of the En- ‘‘(A) IN GENERAL.—The Secretary of Energy terior shall administer the land and interests dangered Species Act of 1973 (16 U.S.C. 1533); shall retain the amounts received as royal- in land reserved from conveyance under sub- and ties under subsection (e)(1).

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‘‘(B) AVAILABILITY.—Amounts referred to ‘‘(f) OIL SHALE RESERVE NUMBERED 2.—This that the firefighting personnel can carry out in subparagraph (A) shall be available, with- section does not apply to the transfer of Oil their duties; out further Act of appropriation, to carry Shale Reserve Numbered 2 under section ‘‘(F) to fund emergency medical services out the remedial action under paragraph (1). 3405.’’. provided by fire departments; ‘‘(C) EXCESS AMOUNTS.—On completion of ‘‘(G) to acquire additional firefighting ve- the remedial action under paragraph (1), all WARNER AMENDMENT NO. 3752 hicles, including fire trucks; remaining royalty amounts shall be depos- ‘‘(H) to acquire additional firefighting ited in the General Fund of the Treasury. Mr. WARNER proposed an amend- equipment, including equipment for commu- ‘‘(D) EXCLUSION OF NATIONAL SECURITY AC- ment to the bill, S. 2549, supra; as fol- nications and monitoring; TIVITIES FUNDING.—The Secretary shall not lows: ‘‘(I) to acquire personal protective equip- use any funds made available to the Depart- On page 17, line 17, strike ‘‘$496,749,000’’ and ment required for firefighting personnel by ment of Energy for national security activi- insert ‘‘$500,749,000’’. the Occupational Safety and Health Admin- ties to carry out the remedial action under On page 31, between lines 18 and 19, insert istration, and other personal protective paragraph (1). the following: equipment for firefighting personnel; ‘‘(J) to modify fire stations, fire training ‘‘(E) AUTHORIZATION OF APPROPRIATIONS.— SEC. 126. ANTI-PERSONNEL OBSTACLE BREACH- There are authorized to be appropriated to ING SYSTEM. facilities, and other facilities to protect the the Secretary of Energy to carry out the re- Of the total amount authorized to be ap- health and safety of firefighting personnel; ‘‘(K) to enforce fire codes; medial action under paragraph (1) such sums propriated under section 102(c), $4,000,000 is ‘‘(L) to fund fire prevention programs; or as are necessary. available only for the procurement of the ‘‘(M) to educate the public about arson pre- ‘‘(4) SALE OF MOAB SITE.— anti-personnel obstacle breaching system. vention and detection. ‘‘(A) IN GENERAL.—If the Moab site is sold On page 54, line 16, strike ‘‘$11,973,569,000’’ ‘‘(4) FIRE PREVENTION PROGRAMS.— after the date on which the Secretary of En- and insert ‘‘$11,969,569,000’’. ergy completes the remedial action under ‘‘(A) IN GENERAL.—For each fiscal year, the Director shall use not less than 10 percent of paragraph (1), the seller shall pay to the Sec- DODD (AND OTHERS) AMENDMENT retary of Energy, for deposit in the miscella- the funds made available under subsection neous receipts account of the Treasury, the NO. 3753 (c)— ‘‘(i) to make grants to fire departments for portion of the sale price that the Secretary Mr. LEVIN (for Mr. DODD, Mr. BURNS, determines resulted from the enhancement the purpose described in paragraph (3)(L); Mrs. BOXER, Mr. DEWINE, Mr. KERRY, and of the value of the Moab site that is attrib- Ms. SNOWE, Mr. LEAHY, Ms. MIKULSKI, utable to the completion of the remedial ac- ‘‘(ii) to make grants to, or enter into con- Mr. BIDEN, Mr. BINGAMAN, Mr. SAR- tion, as determined in accordance with sub- tracts or cooperative agreements with, na- paragraph (B). BANES, Mr. SCHUMER, Mr. REID, Mr. tional, State, local, or community organizations that are recognized for their experience ‘‘(B) DETERMINATION OF ENHANCED VALUE.— LAUTENBERG, Mr. MOYNIHAN, and Mr. The enhanced value of the Moab site referred KENNEDY) proposed an amendment to and expertise with respect to fire prevention to in subparagraph (A) shall be equal to the the bill, S. 2549, supra; as follows: or fire safety programs and activities, for the difference between— purpose of carrying out fire prevention pro- On page 415, between lines 2 and 3, insert grams. ‘‘(i) the fair market value of the Moab site the following: ‘‘(B) PRIORITY.—In selecting organizations on the date of enactment of this section, SEC. 1061. FIREFIGHTER INVESTMENT AND RE- described in subparagraph (A)(ii) to receive based on information available on that date; SPONSE ENHANCEMENT. assistance under this paragraph, the Direc- and The Federal Fire Prevention and Control tor shall give priority to organizations that ‘‘(ii) the fair market value of the Moab Act of 1974 (15 U.S.C. 2201 et seq.) is amended focus on prevention of injuries to children site, as appraised on completion of the reme- by adding at the end the following: from fire. dial action.’’. ‘‘SEC. 33. FIREFIGHTER INVESTMENT AND RE- ‘‘(5) APPLICATION.—The Director may pro- (c) URANIUM MILL TAILINGS.—Section 102(a) SPONSE ENHANCEMENT. vide assistance to a fire department or orga- of the Uranium Mill Tailings Radiation Con- ‘‘(a) DEFINITION OF FIREFIGHTING PER- nization under this subsection only if the trol Act of 1978 (42 U.S.C. 7912(a)) is amended SONNEL.—In this section, the term ‘fire- fire department or organization seeking the by inserting after paragraph (3) the fol- fighting personnel’ means individuals, in- assistance submits to the Director an appli- lowing: cluding volunteers, who are firefighters, offi- cation in such form and containing such in- ‘‘(4) DESIGNATION AS PROCESSING SITE.— cers of fire departments, or emergency med- formation as the Director may require. ‘‘(A) IN GENERAL.—Notwithstanding any ical service personnel of fire departments. ‘‘(6) MATCHING REQUIREMENT.—The Director other provision of law, the Moab uranium ‘‘(b) ASSISTANCE PROGRAM.— may provide assistance under this subsection milling site (referred to in this paragraph as ‘‘(1) AUTHORITY.—In accordance with this only if the applicant for the assistance the ‘Moab Site’) located approximately 3 section, the Director may— agrees to match with an equal amount of miles northwest of Moab, Utah, and identi- ‘‘(A) make grants on a competitive basis to non-Federal funds 10 percent of the assist- fied in the Final Environmental Impact fire departments for the purpose of pro- ance received under this subsection for any Statement issued by the Nuclear Regulatory tecting the health and safety of the public fiscal year. Commission in March 1996, in conjunction and firefighting personnel against fire and ‘‘(7) MAINTENANCE OF EXPENDITURES—The with Source Material License No. SUA 917, is fire-related hazards; and Director may provide assistance under this designated as a processing site. ‘‘(B) provide assistance for fire prevention subsection only if the applicant for the as- ‘‘(B) APPLICABILITY.—This title applies to programs in accordance with paragraph (4). sistance agrees to maintain in the fiscal year the Moab Site in the same manner and to the ‘‘(2) ESTABLISHMENT OF OFFICE FOR ADMINIS- for which the assistance will be received the same extent as to other processing sites des- TRATION OF ASSISTANCE.—Before providing applicant’s aggregate expenditures for the ignated under this subsection, except that— assistance under paragraph (1), the Director uses described in paragraph (3) or (4) at or ‘‘(i) sections 103, 107(a), 112(a), and 115(a) of shall establish an office in the Federal Emer- above the average level of such expenditures this title shall not apply; gency Management Agency that shall have in the 2 fiscal years preceding the fiscal year ‘‘(ii) a reference in this title to the date of the duties of establishing specific criteria for for which the assistance will be received. the enactment of this Act shall be treated as the selection of recipients of the assistance, ‘‘(8) REPORT TO THE DIRECTOR.—The Direc- a reference to the date of enactment of this and administering the assistance, under this tor may provide assistance under this subparagraph; and section. section only if the applicant for the assist- ‘‘(iii) the Secretary, subject to the avail- ‘‘(3) USE OF FIRE DEPARTMENT GRANT ance agrees to submit to the Director a re- ability of appropriations and without regard FUNDS.—The Director may make a grant port, including a description of how the as- to section 104(b), shall conduct remediation under paragraph (1)(A) only if the applicant sistance was used, with respect to each fiscal at the Moab site in a safe and environ- for the grant agrees to use the grant funds— year for which the assistance was received. mentally sound manner, including— ‘‘(A) to hire additional firefighting per- ‘‘(9) VARIETY OF FIRE DEPARTMENT GRANT ‘‘(I) ground water restoration; and sonnel; RECIPIENTS.—The Director shall ensure that ‘‘(II) the removal, to at a site in the State ‘‘(B) to train firefighting personnel in fire- grants under paragraph (1)(A) for a fiscal of Utah, for permanent disposition and any fighting, emergency response, arson preven- year are made to a variety of fire depart- necessary stabilization, of residual radio- tion and detection, or the handling of haz- ments, including, to the extent that there active material and other contaminated ma- ardous materials, or to train firefighting per- are eligible applicants— terial from the Moab Site and the floodplain sonnel to provide any of the training de- ‘‘(A) paid, volunteer, and combination fire of the Colorado River.’’. scribed in this subparagraph; departments; (d) CONFORMING AMENDMENT.—Section 3406 ‘‘(C) to fund the creation of rapid interven- ‘‘(B) fire departments located in commu- of the Strom Thurmond National Defense tion teams to protect firefighting personnel nities of varying sizes; and Authorization Act for Fiscal Year 1999 (10 at the scenes of fires and other emergencies; ‘‘(C) fire departments located in urban, U.S.C. 7420 note; Public Law 105–261) is ‘‘(D) to certify fire inspectors; suburban, and rural communities. amended by inserting after subsection (e) the ‘‘(E) to establish wellness and fitness pro- ‘‘(10) LIMITATION ON EXPENDITURES FOR following: grams for firefighting personnel to ensure FIREFIGHTING VEHICLES.—The Director shall

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6278 CONGRESSIONAL RECORD — SENATE June 30, 2000 ensure that not more than 25 percent of the On page 547, line 24, strike ‘‘$3,887,383,000’’ FEINGOLD (AND OTHERS) assistance made available under this sub- and insert ‘‘$3,822,383,000’’. AMENDMENT NO. 3759 section for a fiscal year is used for the use On page 548, line 3, strike ‘‘$1,496,982,000’’ described in paragraph (3)(G). and insert ‘‘$1,471,982,000’’. (Ordered to lie on the table.) ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— On page 548, line 5, strike ‘‘$1,547,798,000’’ Mr. FEINGOLD (for himself, Mr. ‘‘(1) IN GENERAL.—There are authorized to and insert ‘‘$1,507,798,000’’. HARKIN, and Mr. WELLSTONE) sub- be appropriated to the Director— On page 549, line 2, strike ‘‘$448,173,000’’ and mitted an amendment intended to be ‘‘(A) $100,000,000 for fiscal year 2001; insert ‘‘$588,173,000’’. proposed by them to the bill, S. 2549, ‘‘(B) $200,000,000 for fiscal year 2002; On page 552, line 7, strike ‘‘$74,100,000’’ and supra; as follows: ‘‘(C) $400,000,000 for fiscal year 2003; insert ‘‘$214,100,000’’. On page 31, between lines 18 and 19, insert ‘‘(D) $600,000,000 for fiscal year 2004; On page 560, line 23, strike ‘‘$141,317,000’’ the following: ‘‘(E) $800,000,000 for fiscal year 2005; and and insert ‘‘$216,317,000’’. ‘‘(F) $1,000,000,000 for fiscal year 2006. On page 603, between lines 18 and 19, insert SEC. 126. D5 SUBMARINE-LAUNCHED BALLISTIC MISSILE PROGRAM. ‘‘(2) LIMITATION ON ADMINISTRATIVE the following: COSTS.—Of the amounts made available (a) REDUCTION OF AMOUNT FOR PROGRAM.— SEC. 3156. REPORT ON NATIONAL IGNITION FA- Notwithstanding any other provision of this under paragraph (1) for a fiscal year, the Di- CILITY, LAWRENCE LIVERMORE NA- rector may use not more than 10 percent for TIONAL LABORATORY, LIVERMORE, Act, the total amount authorized to be ap- the administrative costs of carrying out this CALIFORNIA. propriated by this Act is reduced by section.’’. (a) NEW BASELINE.—(1) Not more than 50 $462,733,000. percent of the funds available for the na- (b) PROHIBITION.—None of the remaining funds authorized to be appropriated by this WARNER AMENDMENT NO. 3754 tional ignition facility (Project 96–D–111) may be obligated or expended until the Sec- Act after the reduction made by subsection Mr. WARNER proposed an amend- retary of Energy submits to the Committees (a) may be used for the procurement of D5 ment to the bill, S. 2549, supra; as fol- on Armed Services of the Senate and House submarine-launched ballistic missiles or lows: of Representatives a report setting forth a components for D5 missiles. (c) TERMINATION OF PROGRAM.—The Sec- On page 58, between lines 7 and 8, insert new baseline plan for the completion of the national ignition facility. retary of Defense shall terminate production the following: of D5 submarine ballistic missiles under the SEC. 313. CLOSE-IN WEAPON SYSTEM OVER- (2) The report shall include a detailed, year-by-year breakdown of the funding re- D5 submarine-launched ballistic missile pro- HAULS. gram after fiscal year 2001. Of the total amount authorized to be ap- quired for completion of the facility, as well (d) PAYMENT OF TERMINATION COSTS.— propriated by section 301(2), $391,806,000 is as projected dates for the completion of program milestones, including the date on Funds available on or after the date of the available for weapons maintenance. enactment of this Act for obligation for the The total amount authorized to be appro- which the first laser beams are expected to become operational. D5 submarine-launched ballistic missile propriated by section 301(5) for Spectrum data gram may be obligated for production under base upgrades is reduced by $10 million. (b) COMPTROLLER GENERAL REVIEW OF NIF PROGRAM.—(1) The Comptroller General shall that program only for payment of the costs conduct a thorough review of the national associated with the termination of produc- GORTON AMENDMENT NO. 3755 ignition facility program. tion under this Act. Mr. WARNER (for Mr. GORTON) pro- (2) Not later than March 31, 2001, the Comp- (e) INAPPLICABILITY TO MISSILES IN PRODUC- posed an amendment to the bill, S. troller General shall submit to the Commit- TION.—Subsections (c) and (d) do not apply to missiles in production on the date of the en- 2549, supra; as follows: tees on Armed Services of the Senate and House of Representatives a report on the re- actment of this Act. On page 556, line 24, strike ‘‘$5,501,824,000’’ view conducted under paragraph (1). The re- and insert ‘‘$5,651,824,000’’. DOMENICI (AND OTHERS) On page 559, line 8, strike ‘‘$3,028,457,000’’ port shall include— and insert ‘‘$3,178,457,000’’. (A) an analysis of— AMENDMENT NO. 3760 On page 559, line 11, strike ‘‘$2,533,725,000’’ (i) the relationship of the national ignition facility program to other key components of (Ordered to lie on the table.) and insert ‘‘$2,683,725,000’’. Mr. DOMENICI (for himself, Mr. On page 564, line 8, strike ‘‘$540,092,000’’ and the Stockpile Stewardship Program; and LEVIN, Mr. LUGAR, Mr. BIDEN, Mr. insert ‘‘$390,092,000’’. (ii) the potential impact of delays in the On page 564, line 13, strike ‘‘$450,000,000’’ national ignition facility program, and of a BINGAMAN, Mr. CRAIG, Mr. THOMPSON, and insert ‘‘$300,000,000’’. failure to complete key program objectives and Mr. HAGEL) submitted an amend- On page 603, between lines 18 and 19, insert of the program, on the other key components ment intended to be proposed by them the following: of the Stockpile Stewardship Program, such to the bill, S. 2549, supra; as follows: as the Advanced Strategic Computing Initia- SEC. 3156. TANK WASTE REMEDIATION SYSTEM, On page 610, between lines 13 and 14, insert tive Program; HANFORD RESERVATION, RICH- the following: LAND, WASHINGTON. (B) a detailed description and analysis of (a) FUNDS AVAILABLE.—Of the amount au- the funds spent as of the date of the report Subtitle F—Russian Nuclear Complex thorized to be appropriated by section 3102, on the national ignition facility program; Conversion $150,000,000 shall be available to carry out an and SEC. 3191. SHORT TITLE. accelerated cleanup and waste management (C) an assessment whether Lawrence Liver- This subtitle may be cited as the ‘‘Russian program at the Department of Energy Han- more National Laboratory has established a Nuclear Weapons Complex Conversion Act of ford Site in Richland, Washington. new baseline plan for the national ignition 2000’’. (b) REPORT.—Not later than December 15, facility program with clear goals and achiev- SEC. 3192. FINDINGS. 2000, the Secretary of Energy shall submit to able milestones for that program. Congress makes the following findings: Congress a report on the Tank Waste Reme- (1) The Russian nuclear weapons complex diation System Project at the Hanford Site. has begun closure and complete reconfigura- The report shall include the following: FEINSTEIN AMENDMENT NO. 3757 tion of certain weapons complex plants and (1) A proposed plan for processing and sta- Mr. LEVIN (for Mrs. FEINSTEIN) pro- productions lines. However, this work is at bilizing all nuclear waste located in the Han- posed an amendment to the bill, an early stage. The major impediments to ford Tank Farm. S. 2549, supra; as follows: downsizing have been economic and social (2) A proposed schedule for carrying out conditions in Russia. Little information the plan. At the appropriate place, insert the about this complex is shared, and 10 of its (3) The total estimated cost of carrying out following: most sensitive cities remain closed. These the plan. SEC. . BREAST CANCER STAMP EXTENSION. cities house 750,000 people and employ ap- (4) A description of any alternative options Section 414(g) of title 39, United States proximately 150,000 people in nuclear mili- to the proposed plan and a description of the Code, is amended by striking ‘‘2-year’’ and tary facilities. Although the Russian Federa- costs and benefits of each such option. inserting ‘‘4-year’’. tion Ministry of Atomic Energy has announced the need to significantly downsize KYL AMENDMENT NO. 3756 its workforce, perhaps by as much as 50 per- KERRY AMENDMENT NO. 3758 cent, it has been very slow in accomplishing Mr. WARNER (for Mr. KYL) proposed this goal. Information on the extent of any an amendment to the bill, S. 2549, (Ordered to lie on the table.) Mr. KERRY submitted an amend- progress is very closely held. supra; as follows: (2) The United States, on the other hand, On page 547, line 16, strike ‘‘$6,214,835,000’’ ment intended to be proposed by him has significantly downsized its nuclear weap- and insert ‘‘$6,289,835,000’’. to the bill, S. 2549, supra; as follows: ons complex in an open and transparent On page 547, line 19, strike $4,672,800,000’’ On page 85, strike line 1 and all that fol- manner. As a result, an enormous asym- and insert ‘‘$4,747,800,000’’. lows through page 87, line 13. metry now exists between the United States

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6279 and Russia in nuclear weapon production ca- pand and enhance the activities under the tion of Department of Energy officials with pacities and in transparency of such capac- Nuclear Cities Initiative in order to— expertise in transparency of such matters. ities. It is in the national security interest of (1) assist the Russian Federation in the (C) Measurable milestones that will permit the United States to assist the Russian Fed- downsizing of the Russian Nuclear Complex; the United States and the Russian Federa- eration in accomplishing significant reduc- and tion to monitor progress under the plan. tions in its nuclear military complex and in (2) coordinate the downsizing of the Rus- (e) ENCOURAGEMENT OF CAREERS IN NON- helping it to protect its nuclear weapons, nu- sian Nuclear Complex under the Initiative PROLIFERATION.—(1) In carrying out actions clear materials, and nuclear secrets during with other United States nonproliferation under this section, the Secretary shall carry such reductions. Such assistance will accom- programs. out a program to encourage students in the plish critical nonproliferation objectives and (b) ENHANCED USE OF MINATOM TECH- United States and in the Russian Federation provide essential support towards future NOLOGY AND RESEARCH AND DEVELOPMENT to pursue a career in an area relating to non- arms reduction agreements. The Russian SERVICES.—In carrying out actions under proliferation. Federation’s program to close and recon- this section, the Secretary shall facilitate (2) Of the amounts under subsection (f), up figure weapons complex plants and produc- the enhanced use of the technology, and the to $2,000,000 shall be available for purposes of tion lines will address, if it is implemented research and development services, of the the program under paragraph (1). in a significant and transparent manner, Russia Ministry of Atomic Energy (f) FUNDING FOR FISCAL YEAR 2001.—(1) concerns about the Russian Federation’s (MINATOM) by— There is hereby authorized to be appro- ability to quickly reconstitute its arsenal. (1) fostering the commercialization of priated for the Department of Energy for fis- (3) Several current programs address por- peaceful, non-threatening advanced tech- cal year 2001, $40,000,000 for purposes of the tions of the downsizing and nuclear security nologies of the Ministry through the devel- Nuclear Cities Initiative, including activities concerns. The Nuclear Cities Initiative was opment of projects to commercialize re- under this section. established to assist Russia in creating job search and development services for industry (2) The amount authorized to be appro- opportunities for employees who are not re- and industrial entities; and priated by section 101(5) for other procure- quired to support realistic Russian nuclear (2) authorizing the Department of Energy, ment for the Army is hereby reduced by security requirements. Its focus has been on and encouraging other departments and $22,500,000, with the amount of the reduction creating commercial ventures that can pro- agencies of the United States Government, to be allocated to the Close Combat Tactical vide self-sustaining jobs in three of the to utilize such research and development Trainer. closed cities. The current scope and funding services for activities appropriate to the (g) SENSE OF CONGRESS REGARDING FUNDING of the program are not commensurate with mission of the Department, and such depart- FOR FISCAL YEARS AFTER FISCAL YEAR 2001.— the scale of the threats to the United States ments and agencies, including activities re- It is the sense of Congress that the avail- sought to be addressed by the program. lating to— ability of funds for the Nuclear Cities Initia- (4) To effectively address threats to United (A) nonproliferation (including the detec- tive in fiscal years after fiscal year 2001 States national security interests, progress tion and identification of weapons of mass should be contingent upon— with respect to the nuclear cities must be ex- destruction and verification of treaty com- (1) demonstrable progress in the programs panded and accelerated. The Nuclear Cities pliance); carried out under subsection (c), as deter- Initiative has laid the groundwork for an im- (B) global energy and environmental mat- mined utilizing the milestones required mediate increase in investment which offers ters; and under paragraph (4) of that subsection; and the potential for prompt risk reduction in (C) basic scientific research of benefit to (2) the development and implementation of the cities of Sarov, Snezhinsk, and the United States. the plan required by subsection (d). Zheleznogorsk, which house four key Rus- (c) ACCELERATION OF NUCLEAR CITIES INI- SEC. 3194. SENSE OF CONGRESS ON THE ESTAB- sian nuclear facilities. Furthermore, the Nu- TIATIVE.—(1) In carrying out actions under clear Cities Initiative has made considerable LISHMENT OF A NATIONAL COORDI- this section, the Secretary shall accelerate NATOR FOR NONPROLIFERATION progress with the limited funding available. the Nuclear Cities Initiative by imple- MATTERS. However, to gain sufficient advocacy for ad- menting, as soon as practicable after the It is the sense of Congress that— ditional support, the program must dem- date of the enactment of this Act, programs (1) there should be a National Coordinator onstrate— at the nuclear cities referred to in paragraph for Nonproliferation Matters to coordinate— (A) rapid progress in conversion and re- (2) in order to convert significant portions of (A) the Nuclear Cities Initiative; structuring; and the activities carried out at such nuclear cit- (B) the Initiatives for Proliferation Pre- (B) an ability for the United States to ies from military activities to civilian ac- vention program; track progress against verifiable milestones tivities. (C) the Cooperative Threat Reduction pro- that support a Russian nuclear complex con- (2) The nuclear cities referred to in this grams; sistent with their future national security paragraph are the following: (D) the materials protection, control, and requirements. (A) Sarov (Arzamas–16). accounting programs; and (5) Reductions in the nuclear weapons- (B) Snezhinsk (Chelyabinsk–70). (E) the International Science and Tech- grade material stocks in the United States (C) Zheleznogorsk (Krasnoyarsk–26). nology Center; and and Russia enhance prospects for future (3) To advance nonproliferation and arms (2) the position of National Coordinator for arms control agreements and reduce con- control objectives, the Nuclear Cities Initia- Nonproliferation Matters should be similar, cerns that these materials could lead to pro- tive is encouraged to begin planning for ac- regarding nonproliferation matters, to the liferation risks. Confidence in both nations celerated conversion, commensurate with position filled by designation of the Presi- will be enhanced by knowledge of the extent available resources, in the remaining nuclear dent under section 1441(a) of the Defense of each nation’s stockpiles of weapons-grade cities. Against Weapons of Mass Destruction Act of materials. The United States already makes (4) Before implementing a program under 1996 (title XIV of Public Law 104–201; 110 this information public. paragraph (1), the Secretary shall establish Stat. 2727; 50 U.S.C. 2351(a)). (6) Many current programs contribute to appropriate, measurable milestones for the the goals stated herein. However, the lack of activities to be carried out in fiscal year SEC. 3195. DEFINITIONS. programmatic coordination within and 2001. In this subtitle: among United States Government agencies (d) PLAN FOR RESTRUCTURING THE RUSSIAN (1) NUCLEAR CITY.—The term ‘‘nuclear impedes the capability of the United States NUCLEAR COMPLEX.—(1) The President, act- city’’ means any of the closed nuclear cities to make rapid progress. A formal single ing through the Secretary of Energy, is within the complex of the Russia Ministry of point of coordination is essential to ensure urged to enter into negotiations with the Atomic Energy (MINATOM) as follows: that all United States programs directed at Russian Federation for purposes of the devel- (A) Sarov (Arzamas–16). cooperative threat reduction, nuclear mate- opment by the Russian Federation of a plan (B) Zarechnyy (Penza–19). rials reduction and protection, and the to restructure the Russian Nuclear Complex (C) Novoural’sk (Sverdlovsk–44). downsizing, transparency, and nonprolifera- in order to meet changes in the national se- (D) Lesnoy (Sverdlovsk–45). tion of the nuclear weapons complex effec- curity requirements of Russia by 2010. (E) Ozersk (Chelyabinsk–65). tively mitigate the risks inherent in the (2) The plan under paragraph (1) should in- (F) Snezhinsk (Chelyabinsk–70). Russian Federation’s military complex. clude the following: (G) Trechgornyy (Zlatoust–36). (7) Specialists in the United States and the (A) Mechanisms to achieve a nuclear weap- (H) Seversk (Tomsk–7). former Soviet Union trained in nonprolifera- ons production capacity in Russia that is (I) Zhelenznogorsk (Krasnoyarsk–26). tion studies can significantly assist in the consistent with the obligations of Russia (J) Zelenogorsk (Krasnoyarsk–45). downsizing process while minimizing the under current and future arms control agree- (2) RUSSIAN NUCLEAR COMPLEX.—The term threat presented by potential proliferation of ments. ‘‘Russian Nuclear Complex’’ refers to all of weapons materials or expertise. (B) Mechanisms to increase transparency the nuclear cities. SEC. 3193. EXPANSION AND ENHANCEMENT OF regarding the restructuring of the nuclear NUCLEAR CITIES INITIATIVE. weapons complex and weapons-surplus nu- BRYAN (AND ROBB) AMENDMENT (a) IN GENERAL.—The Secretary of Energy clear materials inventories in Russia to the NO. 3761 shall, in accordance with the provisions of levels of transparency for such matters in this section, take appropriate actions to ex- the United States, including the participa- (Ordered to lie on the table.)

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6280 CONGRESSIONAL RECORD — SENATE June 30, 2000 Mr. BRYAN (for himself and Mr. openness on nuclear weapons activities now (5) How the facility will utilize, integrate, ROBB) submitted an amendment in- consigned to history is needed to protect the and support the technical expertise, capabili- tended to be proposed by them to the health of former workers and the public. ties, and requirements at other Department (b) REVIEW OF SECRECY POLICIES.—The Sec- bill, S. 2549, supra; as follows: of Energy and non-Department of Energy fa- retary of Defense is directed to change De- cilities. On page 236, between lines 6 and 7, insert partment secrecy oaths and policies, within (6) An analysis of costs, savings, and bene- the following: appropriate national security constraints, to fits which are unique to the Idaho National SEC. 646. CONCURRENT PAYMENT TO SURVIVING ensure that such policies do not prevent or Engineering and Environmental Laboratory. SPOUSES OF DISABILITY AND IN- discourage current and former workers at DEMNITY COMPENSATION AND AN- nuclear weapons facilities who may have NUITIES UNDER SURVIVOR BENEFIT SMITH OF NEW HAMPSHIRE been exposed to radioactive and other haz- PLAN. ardous substances from discussing those ex- AMENDMENT NO. 3765 (a) CONCURRENT PAYMENT.—Section 1450 of title 10, United States Code, is amended by posures with their health care providers and (Ordered to lie on the table.) striking subsection (c). with other appropriate officials. The policies Mr. SMITH of New Hampshire sub- amended should include the policy to neither (b) CONFORMING AMENDMENTS.—That sec- mitted an amendment intended to be tion is further amended by striking sub- confirm nor deny the presence of nuclear proposed by him to the bill, S. 2549, weapons as it is applied to former U.S. nu- sections (e) and (k). supra; as follows: (c) EFFECTIVE DATE.—The amendments clear weapons facilities that no longer con- On page 415, between lines 2 and 3, insert made by this section shall take effect on the tain nuclear weapons or materials. OTIFICATION OF OTENTIAL ICTIMS the following: date of the enactment of this Act, and shall (c) N P V .— apply with respect to the payment of annu- The Secretary of Defense is directed to no- SEC. 1061. ADDITIONAL MATTERS FOR ANNUAL ities under the Survivor Benefit Plan under tify people who are or were bound by Depart- REPORT ON TRANSFERS OF MILI- TARILY SENSITIVE TECHNOLOGY TO subchapter II of chapter 73 of title 10, United ment secrecy oaths or policies, and who may have been exposed to radioactive or haz- COUNTRIES AND ENTITIES OF CON- States Code, for months beginning on or CERN. after that date. ardous substances at nuclear weapons facilities, of any likely health risks and of how Section 1402(B) of the National Defense Au- (d) RECOMPUTATION OF ANNUITIES.—The thorization Act for Fiscal Year 2000 (Public Secretary of Defense shall provide for the re- they can discuss the exposures with their health care providers and other appropriate Law 106–65; 113 Stat. 798) is amended by add- adjustment of any annuities to which sub- ing at the end the following: section (c) of section 1450 of title 10, United officials without violating secrecy oaths or policies. ‘‘(4) The status of the implementation or States Code, applies as of the date before the other disposition of recommendations in- date of the enactment of this Act, as if the BINGAMAN AMENDMENT NO. 3763 cluded in reports of audits by Inspectors adjustment otherwise provided for under General that have been set forth in previous such subsection (c) had never been made. (Ordered to lie on the table.) annual reports under this section.’’. (e) PROHIBITION ON RETROACTIVE BENE- Mr. BINGAMAN submitted an FITS.—No benefits shall be paid to any person amendment intended to be proposed by by virtue of the amendments made by this HARKIN AMENDMENT NO. 3766 section for any period before the effective him to the bill, S. 2549, supra; as follows: (Ordered to lie on the table.) date of the amendments as specified in sub- Mr. HARKIN submitted an amend- section (c). On page 239, strike lines 3 through 8 and insert the following: ment intended to be proposed by him to the bill, S. 2549, supra; as follows: HARKIN AMENDMENT NO. 3762 SEC. 655. PAYMENT OF GRATUITY TO CERTAIN VETERANS OF BATAAN AND COR- On page 415, between lines 2 and 3, insert (Ordered to lie on the table.) REGIDOR. the following: Mr. HARKIN submitted an amend- (a) PAYMENT.—The Secretary of Veterans SEC. 1061. SECRECY POLICIES AND WORKER ment intended to be proposed by him Affairs shall pay a gratuity to each covered HEALTH. to the bill, S. 2549, supra; as follows: veteran, or to the surviving spouse of such (a) FINDINGS.—Congress makes the fol- covered veteran, in the amount of $20,000. On page 415, between lines 2 and 3, insert lowing findings: the following: (1) Workers at some nuclear weapons pro- SEC. 1061. SECRECY POLICIES AND WORKER CRAPO AMENDMENT NO. 3764 duction facilities in the United States have HEALTH. (Ordered to lie on the table.) been exposed to radioactive and other haz- (a) FINDINGS.—Congress makes the fol- Mr. CRAPO submitted an amendment ardous substances that could harm their lowing findings: health. intended to be proposed by him to the (2) Some workers at the nuclear weapons (1) Workers at some nuclear weapons pro- bill, S. 2549, supra; as follows: duction facilities in the United States have facility at the Iowa Army Ammunition Plant been exposed to radioactive and other haz- On page 603, between lines 18 and 19, insert from 1947–1975 also worked for a United ardous substances that could harm their the following: States Army plant at the same site and health. SEC. . CONCEPTUAL DESIGN FOR SUBSURFACE under the same contractor. (2) Some workers at the nuclear weapons GEOSCIENCES LABORATORY AT (3) The policy of the Department of De- facility at the Iowa Army Ammunition Plant IDAHO NATIONAL ENGINEERING fense to neither confirm nor deny the pres- AND ENVIRONMENTAL LABORA- ence of nuclear weapons at any site has pre- from 1947–1975 also worked for a United TORY, IDAHO FALLS, IDAHO. vented the Department from even acknowl- States Army plant at the same site and (a) AUTHORIZATION.—Of the amounts to be edging the reason for some worker exposures under the same contractor. appropriated by paragraphs (2) and (3) of sec- to radioactive or other hazardous sub- (3) The policy of the Department of De- tion 3102(a), not more than $400,000 shall be stances, and secrecy oaths have discouraged fense to neither confirm nor deny the pres- available to the Secretary of Energy for pur- some workers from discussing possible expo- ence of nuclear weapons at any site has pre- poses of carrying out a conceptual design for sures with their health care providers and vented the Department from even acknowl- a Subsurface Geosciences Laboratory at other appropriate officials. edging the reason for some worker exposures Idaho National Engineering and Environ- (4) The policy of the Department to neither to radioactive or other hazardous sub- mental Laboratory, Idaho Falls, Idaho. confirm nor deny has been applied to sites stances, and secrecy oaths have discouraged (b) LIMITATION.—None of the funds author- some workers from discussing possible expo- ized to be appropriated by section (a) may be where nuclear weapons are widely known to sures with their health care providers and obligated until 60 days after the Secretary have been present, where the past presence other appropriate officials. submits the report required by section (c). of nuclear weapons has been publicly dis- (4) The policy of the Department to neither (c) REPORT.—The Secretary of Energy shall cussed by other federal agencies, and where confirm nor deny has been applied to sites submit to the congressional defense commit- the nuclear weapons were last present more where nuclear weapons are widely known to tees a report on the proposed Subsurface than 25 years ago. have been present, where the past presence Geosciences Laboratory, including the fol- (5) The Department has, in the past, varied of nuclear weapons were last present more lowing: from its policy by publicly acknowledging than 25 years ago. (1) The need to conduct mesoscale experi- that the United States had nuclear weapons (5) The Department has, in the past, varied ments to meet long-term clean-up require- in Alaska, Cuba, Guam, Hawaii, Johnston Is- from its policy by publicly acknowledging ments at Department of Energy sites. lands, Midway, Puerto Rico, the United that the United States had nuclear weapons (2) The possibility of utilizing or modifying Kingdom, and West Germany, and has denied in Alaska, Cuba, Guam, Hawaii, Johnston Is- an existing structure or facility to house a having weapons in Iceland. lands, Midway, Puerto Rico, the United new mesoscale experimental capability. (6) It is critical to maintain national se- Kingdom, and West Germany, and has denied (3) The estimated construction cost of the crets regarding nuclear weapons, but more having weapons in Iceland. facility. openness on nuclear weapons activities now (6) It is critical to maintain national se- (4) The estimated annual operating cost of consigned to history is needed to protect the crets regarding nuclear weapons, but more the facility. health of former workers and the public.

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(b) REVIEW OF SECRECY POLICIES.—The Sec- ficials and officially-sanctioned writings venes. Members may be reappointed for addi- retary of Defense is directed to change De- that bear on the intentions of the Govern- tional terms of service. partment secrecy oaths and policies, within ment of the People’s Republic of China re- ‘‘(ii) TRANSITION.—Members serving on the appropriate national security constraints, to garding the pursuit of military competition Commission shall continue to serve until ensure that such policies do not prevent or with, and leverage over, the United States such time as new members are appointed.’’. discourage current and former workers at and the Asian allies of the United States. (4) TERMINOLOGY.— nuclear weapons facilities who may have ‘‘(C) The military actions taken by the (A) Section 127(c)(6) of such Act (19 U.S.C. been exposed to radioactive and other haz- Government of the People’s Republic of 2213 note) is amended by striking ‘‘Chair- ardous substances from discussing those ex- China during the preceding year that bear on person’’ and inserting ‘‘Chairman’’. posures with their health care providers and the national security of the United States (B) Section 127(g) of such Act (19 U.S.C. with other appropriate officials. The policies and the Asian allies of the United States. 2213 note) is amended by striking ‘‘Chair- amended should include the policy to neither ‘‘(D) The acquisition by the Government of person’’ each place it appears and inserting confirm nor deny the presence of nuclear the People’s Republic of China and entities ‘‘Chairman’’. weapons as it is applied to former U.S. nu- controlled by the Government of advanced (5) CHAIRMAN AND VICE CHAIRMAN.—Section clear weapons facilities that no longer con- military technologies through United States 127(c)(7) of such Act (19 U.S.C. 2213 note) is tain nuclear weapons or materials. trade and technology transfers. amended— (c) NOTIFICATION OF POTENTIAL VICTIMS.— ‘‘(E) Any transfers, other than those iden- (A) by striking ‘‘Chairperson’’ and ‘‘vice The Secretary of Defense is directed to notified under subparagraph (D), to the mili- chairperson’’ in the heading and inserting tify people who are or were bound by Depart- tary systems of the People’s Republic of ‘‘Chairman’’ and ‘‘vice chairman’’; ment secrecy oaths or policies, and who may China made by United States firms and (B) by striking ‘‘chairperson’’ and ‘‘vice have been exposed to radioactive or haz- United States-based multinational corpora- chairperson’’ in the text and inserting ardous substances at nuclear weapons facili- tions. ‘‘Chairman’’ and ‘‘Vice Chairman’’; and ties, of any likely health risks and of how ‘‘(F) The use of financial transactions, cap- (C) by inserting ‘‘at the beginning of each they can discuss the exposures with their ital flow, and currency manipulations that new Congress’’ before the end period. health care providers and other appropriate affect the national security interests of the (6) HEARINGS.—Section 127(f)(1) of such Act officials without violating secrecy oaths or United States. (19 U.S.C. 2213 note) is amended to read as policies. ‘‘(G) Any action taken by the Government follows: of the People’s Republic of China in the con- ‘‘(1) HEARINGS.— BYRD (AND OTHERS) AMENDMENT text of the World Trade Organization that is ‘‘(A) IN GENERAL.—The Commission or, at NO. 3767 adverse to the United States national secu- its direction, any panel or member of the rity interests. Commission, may for the purpose of carrying (Ordered to lie on the table.) ‘‘(H) Patterns of trade and investment be- out the provisions of this Act, hold hearings, Mr. BYRD (for himself, Mr. WARNER, tween the People’s Republic of China and its sit and act at times and places, take testi- Mr. LEVIN, Mr. HOLLINGS, Mr. HELMS, major trading partners, other than the mony, receive evidence, and administer Mr. BREAUX, Mr. HATCH, and Mr. CAMP- United States, that appear to be sub- oaths to the extent that the Commission or BELL) submitted an amendment in- stantively different from trade and invest- any panel or member considers advisable. tended to be proposed by them to the ment patterns with the United States and ‘‘(B) INFORMATION.—The Commission may bill, S. 2549, supra; as follows: whether the differences constitute a security secure directly from the Department of De- problem for the United States. fense, the Central Intelligence Agency, and On page 415, between lines 2 and 3, insert ‘‘(I) The extent to which the trade surplus any other Federal department or agency in- the following: of the People’s Republic of China with the formation that the Commission considers SEC. 1061. ANNUAL REPORT ON NATIONAL SECU- United States is dedicated to enhancing the necessary to enable the Commission to carry RITY IMPLICATIONS OF UNITED military budget of the People’s Republic of out its responsibilities under this Act.’’. STATES-CHINA TRADE RELATION- SHIP. China. ‘‘(C) SECURITY.—The Office of Senate Secu- (a) IN GENERAL.—Section 127(k) of the ‘‘(J) The overall assessment of the state of rity shall provide classified storage and Trade Deficit Review Commission Act (19 the security challenges presented by the meeting and hearing spaces, when necessary, U.S.C. 2213 note) is amended to read as fol- People’s Republic of China to the United for the Commission. lows: States and whether the security challenges ‘‘(D) SECURITY CLEARANCES.—All members ‘‘(k) UNITED STATES-CHINA NATIONAL SECU- are increasing or decreasing from previous of the Commission and appropriate staff RITY IMPLICATIONS.— years. shall be sworn and hold appropriate security ‘‘(1) IN GENERAL.—Upon submission of the ‘‘(3) NATIONAL DEFENSE WAIVER.—The re- clearances.’’. report described in subsection (e), the Com- port described in paragraph (2) shall include (7) APPROPRIATIONS.—Section 127(i) of such mission shall continue for the purpose of recommendations for action by Congress or Act (19 U.S.C. 2213 note) is amended to read monitoring, investigating, and reporting to the President, or both, including specific rec- as follows: Congress on the national security implica- ommendations for the United States to in- ‘‘(i) AUTHORIZATION.— tions of the bilateral trade and economic re- voke Article XXI (relating to security excep- ‘‘(1) IN GENERAL.—There are authorized to lationship between the United States and the tions) of the General Agreement on Tariffs be appropriated to the Commission for fiscal People’s Republic of China. and Trade Act of 1994 with respect to the year 2001, and each fiscal year thereafter, ‘‘(2) ANNUAL REPORT.—Not later than People’s Republic of China, as a result of any such sums as may be necessary to enable it March 1, 2001, and annually thereafter, the adverse impact on the national security in- to carry out its functions. Appropriations to Commission shall submit a report to Con- terests of the United States.’’. the Commission are authorized to remain gress, in both unclassified and classified (b) CONFORMING AMENDMENTS.— available until expended. form, regarding the national security impli- (1) NAME OF COMMISSION.—Section 127(c)(1) ‘‘(2) FOREIGN TRAVEL FOR OFFICIAL PUR- cations and impact of the bilateral trade and of the Trade Deficit Review Commission Act POSES.—Foreign travel for official purposes economic relationship between the United (19 U.S.C. 2213 note) is amended by striking by members and staff of the Commission States and the People’s Republic of China. ‘‘Trade Deficit Review Commission’’ and in- may be authorized by either the Chairman or The report shall include a full analysis, serting ‘‘United States-China Security Re- the Vice Chairman.’’. along with conclusions and recommenda- view Commission’’. (c) EFFECTIVE DATE.—The amendments tions for legislative and administrative ac- (2) QUALIFICATIONS OF MEMBERS.—Section made by this section shall take effect on De- tions, of the national security implications 127(c)(3) of such Act (19 U.S.C. 2213 note) is cember 1, 2000. for the United States of the trade and cur- amended by adding at the end the following rent balances with the People’s Republic of new subparagraph: COLLINS AMENDMENT NO. 3768 China in goods and services, financial trans- ‘‘(C) SPECIAL CONSIDERATIONS.—For the pe- (Ordered to lie on the table.) actions, and technology transfers. The Com- riod beginning after December 1, 2000, consid- Ms. COLLINS submitted an amend- mission shall also take into account patterns eration shall also be given to the appoint- of trade and transfers through third coun- ment of persons with expertise and experiment intended to be proposed by her to tries to the extent practicable. ence in national security matters and United the bill, S. 2549, supra; as follows: ‘‘(3) CONTENTS OF REPORT.—The report de- States-China relations.’’. On page 32, after line 24, add the following: scribed in paragraph (2) shall include, at a (3) PERIOD OF APPOINTMENT.—Section SEC. 142. AGLI/STRIKER WEAPONS FOR SPECIAL minimum, a full discussion of the following: 127(c)(3)(A) of such Act (19 U.S.C. 2213 note) OPERATIONS FORCES. ‘‘(A) The portion of trade in goods and is amended to read as follows: (a) INCREASE IN AUTHORIZATION FOR PRO- services that the People’s Republic of China ‘‘(A) IN GENERAL.— CUREMENT, DEFENSE-WIDE.—The amount au- dedicates to military systems or systems of ‘‘(i) APPOINTMENT BEGINNING WITH 107th thorized to be appropriated by section 104 for a dual nature that could be used for military CONGRESS.—Beginning with the 107th Con- procurement, Defense-wide is hereby in- purposes. gress and each new Congress thereafter, creased by $6,000,000. ‘‘(B) An analysis of the statements and members shall be appointed not later than 30 (b) AVAILABILITY OF AMOUNT.—Of the writing of the People’s Republic of China of- days after the date on which Congress con- amount authorized to be appropriated by

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6282 CONGRESSIONAL RECORD — SENATE June 30, 2000 section 104, as increased by subsection (a), (N) other similar organization of the De- (A) a National Laboratory or facility; and $6,000,000 shall be available for SOF Small partment designated by the Secretary that (B) one of the following entities— Arms & Weapons for procurement of low rate engages in technology transfer, partnering, (i) a business, initial production units (LRIP units) of the or licensing activities; (ii) an institution of higher education, AGLI/STRIKER weapon in order to facilitate (6) the term ‘‘nonprofit institution’’ has (iii) a nonprofit institution, or the early fielding of AGLI/STRIKER weapons the meaning given such term in section 4 of (iv) an agency of a state, local, or tribal to Special Operations Forces (SOF). the Stevenson-Wydler Technology Innova- government. tion Act of 1980 (15 U.S.C. 3703(5)); (2) COST SHARING— (A) MINIMUM AMOUNT.—Not less than 50 BYRD AMENDMENT NO. 3769 (7) the term ‘‘Secretary’’ means the Sec- retary of Energy; percent of the costs of each project funded (Ordered to lie on the table.) (8) the term ‘‘small business concern’’ has under this section shall be provided from Mr. BYRD submitted an amendment the meaning given such term in section 3 of non-federal sources. intended to be proposed by him to the the Small Business Act (15 U.S.C. 632); (B) QUALIFIED FUNDING AND RESOURCES.— bill, S. 2549, supra; as follows: (9) the term ‘‘technology-related business (i) The calculation of costs paid by the concern’’ means a for-profit corporation, non-federal sources to a project shall include Strike section 910. company, association, firm, partnership, or cash, personnel, services, equipment, and small business concern that— other resources expended on the project. BINGAMAN (AND OTHERS) (A) conducts scientific or engineering re- (ii) Independent research and development AMENDMENT NO. 3770 search, expenses of government contractors that (B) develops new technologies, qualify for reimbursement under section 31– (Ordered to lie on the table.) (C) manufactures products based on new 205–18(e) of the Federal Acquisition Regula- Mr. BINGAMAN (for himself, Mr. technologies, or tions issued pursuant to section 25(c)(1) of DOMENICI, Mrs. MURRAY, Mr. GORTON, (D) performs technological services; the Office of Federal Procurement Policy Mr. THOMPSON, Mr. FRIST, and Mr. (10) the term ‘‘technology cluster’’ means a Act (41 U.S.C. 421(c)(1)) may be credited to- MURKOWSKI) submitted an amendment geographic concentration of— wards costs paid by non-federal sources to a (A) technology-related business concerns; project, if the expenses meet the other re- intended to be proposed by them to the (B) institutions of higher education; or bill, S. 2549, supra; as follows: quirements of this section. (C) other nonprofit institutions (iii) No funds or other resources expended At the appropriate place in Title XXXI, that reinforce each other’s performance either before the start of a project under this add the following subtitle: though formal or informal relationships; section or outside the project’s scope of work Subtitle —National Laboratories (11) the term ‘‘socially and economically shall be credited toward the costs paid by Partnership Improvement Act disadvantaged small business concerns’’ has the non-federal sources to the project. SEC. 31 1. SHORT TITLE. the meaning given such term in section (3) COMPETITIVE SELECTION.—All projects 8(a)(4) of the Small Business Act (15 U.S.C. where a party other than the Department or This subtitle may be cited as the ‘‘Na- 637(a)(4)); and a National Laboratory or facility receives tional Laboratories Partnership Improve- (12) the term ‘‘NNSA’’ means the National funding under this section shall, to the ex- ment Act of 2000’’. Nuclear Security Administration established tent practicable, be competitively selected SEC. 31 2. DEFINITIONS. by Title XXXII of National Defense Author- by the National Laboratory or facility using For purposes of this subtitle— ization Act for Fiscal Year 2000 (Public Law procedures determined to be appropriate by (1) the term ‘‘Department’’ means the De- 106–65). the Secretary or his designee. partment of Energy; SEC. 31 3. TECHNOLOGY INFRASTRUCTURE (4) ACCOUNTING STANDARDS.—Any partici- (2) the term ‘‘departmental mission’’ PILOT PROGRAM. pant receiving funding under this section, means any of the functions vested in the (a) ESTABLISHMENT.—The Secretary, other than a National Laboratory or facility, Secretary of Energy by the Department of through the appropriate officials of the De- may use generally accepted accounting prin- Energy Organization Act (42 U.S.C. 7101 et partment, shall establish a Technology In- ciples for maintaining accounts, books, and seq.) or other law; frastructure Pilot Program in accordance records relating to the project. (3) the term ‘‘institution of higher edu- with this section (5) LIMITATIONS.—No federal funds shall be cation’’ has the meaning given such term in (b) PURPOSE.—The purpose of the program made available under this section for— section 1201(a) of the Higher Education Act shall be to improve the ability of National (A) construction; or of 1965 (20 U.S.C. 1141(a)); Laboratories or facilities to support depart- (B) any project for more than five years. (4) the term ‘‘National Laboratory’’ means mental missions by— (f) SELECTION CRITERIA.— any of the following institutions owned by (1) stimulating the development of tech- (1) THRESHOLD FUNDING CRITERIA.—The Sec- the Department of Energy— nology clusters in the vicinity of National retary shall authorize the provision of fed- (A) Argonne National Laboratory; Laboratories or facilities; eral funds for projects under this section (B) Brookhaven National Laboratory; (2) improving the ability of National Lab- only when the Director of the National Lab- (C) Idaho National Engineering and Envi- oratories or facilities to leverage and benefit oratory or facility managing such a project ronmental Laboratory; from commercial research, technology, prod- determines that the project is likely to im- (D) Lawrence Berkeley National Labora- ucts, processes, and services; and prove the participating National Laboratory tory; (3) encouraging the exchange of scientific or facility’s ability to achieve technical suc- (E) Lawrence Livermore National Labora- and technological expertise between Na- cess in meeting departmental missions. tory; tional Laboratories or facilities and— (2) ADDITIONAL CRITERIA.—The Secretary (F) Los Alamos National Laboratory; (A) institutions of higher education, shall also require the Director of the Na- (G) National Renewable Energy laboratory; (B) technology-related business concerns, tional Laboratory or facility managing a (H) Oak Ridge National Laboratory; (C) nonprofit institutions, and project under this section to consider the fol- (I) Pacific Northwest National Laboratory; (D) agencies of state, tribal, or local gov- lowing criteria in selecting a project to re- or ernments— ceive federal funds— (J) Sandia National Laboratory; that are located in the vicinity of a National (A) the potential of the project to succeed, (5) the term ‘‘facility’’ means any of the Laboratory or facility. based on its technical merit, team members, following institutions owned by the Depart- (c) PILOT PROGRAM.—In each of the first management approach, resources, and ment of Energy— three fiscal years after the date of enact- project plan; (A) Ames Laboratory; ment of this section, the Secretary may pro- (B) the potential of the project to promote (B) East Tennessee Technology Park; vide up to $10,000,000, divided equally, among the development of a commercially sustain- (C) Environmental Measurement Labora- no more than ten National Laboratories or able technology cluster, one that will derive tory; facilities selected by the Secretary to con- most of the demand for its products or serv- (D) Fermi National Accelerator Labora- duct Technology Infrastructure Program ices from the private sector, in the vicinity tory; Pilot Programs. of the participating National Laboratory or (E) Kansas City Plant; (d) PROJECTS.—The Secretary shall author- facility; (F) National Energy Technology Labora- ize the Director of each National Laboratory (C) the potential of the project to promote tory; or facility designated under subsection (c) to the use of commercial research, technology, (G) Nevada Test Site; implement the Technology Infrastructure products, processes, and services by the par- (H) Princeton Plasma Physics Laboratory; Pilot Program at such National Laboratory ticipating National Laboratory or facility to (I) Savannah River Technology Center; or facility through projects that meet the re- achieve its departmental mission or the (J) Stanford Linear Accelerator Center; quirements of subsections (e) and (f). commercial development of technological in- (K) Thomas Jefferson National Accelerator (e) PROGRAM REQUIREMENTS.—Each project novations made at the participating Na- Facility; funded under this section shall meet the fol- tional Laboratory or facility; (L) Waste Isolation Pilot Plant; lowing requirements: (D) the commitment shown by non-federal (M) Y–12 facility at Oak Ridge National (1) MINIMUM PARTICIPANTS.—Each project organizations to the project, based primarily Laboratory; or shall at a minimum include— on the nature and amount of the financial

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6283 and other resources they will risk on the (1) assistance directed at making them intellectual property from a National Lab- project; more effective and efficient subcontractors oratory or facility to bring suit against third (E) the extent to which the project in- or suppliers to the National Laboratory or parties infringing such intellectual property; volves a wide variety and number of institu- facility; or (E) the advance funding requirements for a tions of higher education, nonprofit institu- (2) general technical assistance, the cost of small business concern funding a project at a tions, and technology-related business con- which shall not exceed $10,000 per instance of National Laboratory or facility through a cerns located in the vicinity of the partici- assistance, to improve the small business Funds-In-Agreement; pating National Laboratory or facility that concern’s products or services. (F) the intellectual property rights allo- will make substantive contributions to (c) USE OF FUNDS.—None of the funds ex- cated to a business when it is funding a achieving the goals of the project; pended under subsection (b) may be used for project at a National Laboratory or facility (F) the extent of participation in the direct grants to the small business concerns. through a Funds-In-Agreement; and project by agencies of state, tribal, or local SEC. 31 5. TECHNOLOGY PARTNERSHIPS OM- (G) policies on royalty payments to inven- governments that will make substantive BUDSMAN. tors employed by a contractor-operated Na- contributions to achieving the goals of the (a) APPOINTMENT OF OMBUDSMAN.—The Sec- tional Laboratory or facility, including project; retary shall direct the Director of each Na- those for inventions made under a Funds-In- (G) the extent to which the project focuses tional Laboratory, and may direct the Direc- Agreement. on promoting the development of tech- tor of each facility the Secretary determines (b) DEFINITION.—For the purposes of this nology-related business concerns that are to be appropriate, to appoint a technology section, the term ‘‘Funds-In-Agreement’’ small business concerns located in the vicin- partnership ombudsman to hear and help re- means a contract between the Department ity of the National Laboratory or facility or solve complaints from outside organizations and a non-federal organization where that involves such small business concerns sub- regarding each laboratory’s policies and ac- organization pays the Department to provide stantively in the project. tions with respect to technology partner- a service or material not otherwise available (3) SAVINGS CLAUSE.—Nothing in this sub- ships (including cooperative research and de- in the domestic private sector. section shall limit the Secretary from re- velopment agreement), patents, and tech- quiring the consideration of other criteria, (c) REPORT TO CONGRESS.—Not later than nology licensing. Each ombudsman shall— one month after receiving the report under as appropriate, in determining whether (1) be a senior official of the National Lab- projects should be funded under this section. subsection (a), the Secretary shall transmit oratory or facility who is not involved in the report, along with his recommendations (g) REPORT TO CONGRESS ON FULL IMPLE- day-to-day technology partnerships, patents, MENTATION.—Not later than 120 days after for action and proposals for legislation to or technology licensing, or, if appointed implement the recommendations, to Con- the start of the third fiscal year after the from outside the laboratory, function as date of enactment of this section, the Sec- gress. such a senior official; and retary shall report to Congress on whether (2) have direct access to the Director of the SEC. 31 7. OTHER TRANSACTIONS AUTHORITY. the Technology Infrastructure Program National Laboratory or facility. (a) NEW AUTHORITY.—Section 646 of the De- should be continued beyond the pilot stage, (b) DUTIES.—Each ombudsman shall— partment of Energy Organization Act (42 and, if so how the fully implemented pro- (1) serve as the focal point for assisting the U.S.C. 7256) is amended by adding at the end gram should be managed. This report shall public and industry in resolving complaints the following new subsection: take into consideration the results of the and disputes with the laboratory regarding ‘‘(g) OTHER TRANSACTIONS AUTHORITY.—(1) pilot program to date and the views of the technology partnerships, patents, and tech- In addition to other authorities granted to relevant Directors of the National labora- nology licensing; the Secretary to enter into procurement con- tories and facilities. The report shall include (2) promote the use of collaborative alter- tracts, leases, cooperative agreements, any proposals for legislation considered nec- native dispute resolution techniques such as grants, and other similar arrangements, the essary by the Secretary to fully implement mediation to facilitate the speedy and low- Secretary may enter into other transactions the program. cost resolution of complaints and disputes, with public agencies, private organizations, SEC. 31 4. SMALL BUSINESS ADVOCACY AND AS- when appropriate; and or persons on such terms as the Secretary SISTANCE. (3) report, through the Director of the Na- may deem appropriate in furtherance of (a) ADVOCACY FUNCTION.—The Secretary tional Laboratory or facility, to the Depart- basic, applied, and advanced research func- shall direct the Director of each National ment annually on the number and nature of tions now or hereafter vested in the Sec- Laboratory, and may direct the Director of complaints and disputes raised, along with retary. Such other transactions shall not be each facility the Secretary determines to be the ombudsman’s assessment of their resolu- subject to the provisions of section 9 of the appropriate, to establish a small business ad- tion, consistent with the protection of con- Federal Nonnuclear Energy Research and vocacy function that is organizationally fidential and sensitive information. Development Act of 1974 (42 U.S.C. 5908). independent of the procurement function at (c) DUAL APPOINTMENT.—A person vested ‘‘(2)(A) The Secretary of Energy shall en- the National Laboratory or facility. The per- with the small business advocacy function of sure that— son or office vested with the small business section 31 4 may also serve as the tech- ‘‘(i) to the maximum extent practicable, no advocacy function shall— nology partnership ombudsman. transaction entered into under paragraph (1) (1) work to increase the participation of SEC. 31 6. STUDIES RELATED TO IMPROVING provides for research that duplicates re- small business concerns, including socially MISSION EFFECTIVENESS, PARTNER- search being conducted under existing pro- and economically disadvantaged small busi- SHIPS, AND TECHNOLOGY TRANS- grams carried out by the Department of En- ness concerns, in procurements, collabo- FER AT NATIONAL LABORATORIES. ergy; and rative research, technology licensing, and (a) STUDIES.—The Secretary shall direct ‘‘(ii) to the extent that the Secretary de- technology transfer activities conducted by the Laboratory Operations Board to study termines practicable, the funds provided by the National Laboratory or facility; and report to him, not later than one year the Government under a transaction author- (2) report to the Director of the National after the date of enactment of this section, ized by paragraph (1) do not exceed the total Laboratory or facility on the actual partici- on the following topics: pation of small business concerns in procure- (1) the possible benefits from and need for amount provided by other parties to the ments and collaborative research along with policies and procedures to facilitate the transaction. recommendations, if appropriate, on how to transfer of scientific, technical, and profes- ‘‘(B) A transaction authorized by para- improve participation; sional personnel among National Labora- graph (1) may be used for a research project (3) make available to small business con- tories and facilities; and; when the use of a standard contract, grant, cerns training, mentoring, and clear, up-to- (2) the possible benefits from and need for or cooperative agreement for such project is date information on how to participate in changes in— not feasible or appropriate. the procurements and collaborative re- (A) the indemnification requirements for ‘‘(3)(A) The Secretary shall not disclose search, including how to submit effective patents or other intellectual property li- any trade secret or commercial or financial proposals; censed from a National Laboratory or facil- information submitted by a non-federal enti- (4) increase the awareness inside the Na- ity; ty under paragraph (1) that is privileged and tional Laboratory or facility of the capabili- (B) the royalty and fee schedules and types confidential. ties and opportunities presented by small of compensation that may be used for pat- ‘‘(B) The Secretary shall not disclose, for business concerns; and ents or other intellectual property licensed five years after the date the information is (5) establish guidelines for the program to a small business concern from a National received, any other information submitted under subsection (b) and report on the effec- Laboratory or facility; by a non-federal entity under paragraph (1), tiveness of such program to the Director of (C) the licensing procedures and require- including any proposal, proposal abstract, the National Laboratory or facility. ments for patents and other intellectual document supporting a proposal, business (b) ESTABLISHMENT OF SMALL BUSINESS AS- property, including allowing a preference for plan, or technical information that is privi- SISTANCE PROGRAM.—The Secretary shall di- a small business concern started by a former leged and confidential. rect the Director of each National Labora- employee of a National Laboratory or facil- ‘‘(C) The Secretary may protect from dis- tory, and may direct the Director of each fa- ity who invented the patented technology or closure, for up to five years, any information cility the Secretary determines to be appro- other intellectual property; developed pursuant to a transaction under priate, to establish a program to provide (D) the rights given to a small business paragraph (1) that would be protected from small business concerns— concern that has licensed a patent or other disclosure under section 552(b)(4) of title 5,

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6284 CONGRESSIONAL RECORD — SENATE June 30, 2000 United States Code, if obtained from a per- S. 2832 (1) by moving paragraph (35) to follow son other than a federal agency.’’. Be it enacted by the Senate and House of Rep- paragraph (36); and (b) IMPLEMENTATION.—Not later than six resentatives of the United States of America in (2) by renumbering all paragraphs in nu- months after the date of enactment of this Congress assembled, merical order from (1) through (47). section, the Department shall establish SECTION 1. SHORT TITLE. (c) REFERENCES IN OTHER LAW.—Whenever guidelines for the use of other transactions. This Act may be cited as the ‘‘Magnuson- any other provision of law refers to a term Other transactions shall be made available, Stevens Reauthorization Act of 2000’’. defined in section 3 of the Magnuson-Stevens if needed, in order to implement projects Fishery Conservation and Management Act funded under section 31 3. TITLE I—REAUTHORIZATION AND (16 U.S.C. 1802) by its paragraph number and REVISION SEC. 31 8. CONFORMANCE WITH NNSA ORGANI- that paragraph was renumbered by sub- ZATIONAL STRUCTURE. SEC. 101. AMENDMENT OF THE MAGNUSON-STE- section (b) of this section, the reference shall All actions taken by the Secretary in car- VENS FISHERY CONSERVATION AND be considered to be a reference to the para- rying out this subtitle with respect to Na- MANAGEMENT ACT. graph number given that paragraph under tional Laboratories and facilities that are Except as otherwise expressly provided, subsection (b) or subsequent amendment of part of the NNSA shall be through the Ad- whenever in this Act an amendment or re- that Act. peal is expressed in terms of an amendment ministrator for Nuclear Security in accord- SEC. 105. ADVISORY COMMITTEE REFORM AND ance with the requirements of Title XXXII of to, or repeal of, a section or other provision, PEER REVIEW. the reference shall be considered to be made National Defense Authorization Act for Fis- (a) REFORM.—Section 302(g) (16 U.S.C. cal Year 2000. to a section or other provision of the Magnu- 1852(g)) is amended— son-Stevens Fishery Conservation and Man- SEC. 31 9. ARCTIC ENERGY. (1) by adding at the end of paragraph (3) agement Act (16 U.S.C. 1801 et seq.). (a) ESTABLISHMENT.—There is hereby es- the following: tablished within the Department of Energy SEC. 102. AUTHORIZATION OF APPROPRIATIONS. ‘‘(C) For each committee established under an Office of Arctic Energy. The Director of Section 4 (16 U.S.C. 1803) is amended by subparagraph (A), each Council shall estab- the Office shall report to the Secretary of striking paragraphs (1) through (4) and in- lish standard operating procedures relating Energy. serting the following: to time, place, and frequency of meetings, a (b) PURPOSE.—The purposes of the Office of ‘‘(1) $400,000,000 for fiscal year 2000; description of the type and format of infor- Arctic Energy are— ‘‘(2) $415,000,000 for fiscal year 2001; mation to be provided under subparagraph (1) to promote research, development and ‘‘(3) $430,000,000 for fiscal year 2002; (A), a description of how recommendations deployment of electric power technology ‘‘(4) $445,000,000 for fiscal year 2003; under subparagraph (A) will be used, and that is cost-effective and especially well ‘‘(5) $460,000,000 for fiscal year 2004; and other relevant factors.’’; suited to meet the needs of rural and remote ‘‘(6) $475,000,000 for fiscal year 2005.’’. (2) by redesignating paragraph (5) as para- regions of the United States, especially SEC. 103. POLICY. graph (6); and where permafrost is present or located near- Section 2(c) (16 U.S.C. 1081(c)) is amended— (3) by inserting after paragraph (4) the fol- by; and (1) by striking ‘‘and’’ after the semicolon lowing: (2) to promote research, development and in paragraph (6); ‘‘(5) Each Council shall establish standard deployment in such regions of— (2) by striking ‘‘States.’’ in paragraph (7) operating procedures relating to the relevant (A) enhanced oil recovery technology, in- and inserting ‘‘States; and; and scientific review committee or committees cluding heavy oil recovery, reinjection of (3) by adding at the end thereof the fol- that are responsible for conducting peer re- carbon and extended reach drilling tech- lowing: views of all stock assessments and economic nologies; ‘‘(8) to use the best scientific information and social analyses prepared for fisheries (B) gas-to-liquids technology and liquefied available when making fisheries manage- under the Council’s jurisdiction. Committees natural gas (including associated transpor- ment and conservation decisions, meaning under this paragraph shall consist of mem- tation systems); information that is collected and analyzed bers from the committee established under (C) small hydroelectric facilities, river tur- by a process that, to the extent practicable— paragraph (1) of this subsection and, to the bines and tidal power; ‘‘(A) is directly related to the specific issue extent practicable, independent scientists (D) natural gas hydrates, coal bed meth- under consideration; qualified to peer review such assessments ane, and shallow bed natural gas; and ‘‘(B) is based on a statistically sufficient and analyses.’’. (E) alternative energy, including wind, sample such that any conclusions drawn are (b) PEER REVIEW.—Section 302(h) (16 U.S.C. geothermal, and fuel cells. reasonably supported; 1852(h)) is amended— (c) LOCATION.—The Secretary shall locate ‘‘(C) has been independently peer-reviewed; (1) by striking ‘‘and’’ at the end of para- the Office of Arctic Energy at a university ‘‘(D) has been collected within a time graph (5); with special expertise and unique experience frame that is reasonably related to the spe- (2) by redesignating paragraph (6) as para- in the matters specified in paragraphs 1 and cific issue under consideration; and graph (7); and 2 of subsection b. ‘‘(E) incorporates a broad base of available (3) by inserting after paragraph (5) the fol- (d) AUTHORIZATION OF APPROPRIATIONS.— sources.’’. lowing: There are authorized to be appropriated to SEC. 104. DEFINITIONS; NEW TERMS. ‘‘(6) to the extent practicable conduct a carry out activities under this section— peer review of any stock assessments and (1) $1,000,000 for the first fiscal year after (a) NEW TERMS.—Section 3 (16 U.S.C. 1802) is amended as follows: economic and social analyses prepared for a the date of enactment of this section; and fishery under its jurisdiction, utilizing the (2) such sums as may be necessary for each (1) HABITAT AREA OF PARTICULAR CON- procedures established under subsection fiscal year thereafter. CERN.—After paragraph (18), insert the following: (g)(5); and’’. f ‘‘( ) The term ‘habitat area of particular SEC. 106. OVERFISHING AND REBUILDING. AUTHORITY FOR COMMITTEES TO concern’ means those waters and submerged (a) REBUILDING OVERFISHED FISHERIES.— MEET substrate that form a discrete vulnerable Section 304(e) (16 U.S.C. 1854(e)) is amended— subunit of essential fish habitat that is re- (1) by striking ‘‘(1) The Secretary’’ in para- PERMANENT SUBCOMMITTEE ON INVESTIGATIONS quired for a stock to sustain itself and which graph (1) and inserting ‘‘(1)(A) The Sec- Mr. LOTT. Mr. President, I ask unan- is designated through a specified set of na- retary’’; imous consent that the Permanent tional criteria which includes, at a min- (2) by inserting after ‘‘overfished.’’ the fol- Subcommittee on Investigations be au- imum, a requirement that designation be lowing: thorized to meet during the session of based on the best scientific information ‘‘The Secretary shall also identify which the Senate on Friday, June 30, 2000, 9:30 available regarding habitat-specific density fisheries are managed under a fishery man- of that fish stock, growth, reproduction, and agement plan or international agreement, a.m., for a hearing entitled ‘‘HUD’s survival rates of that stock within the des- and the estimated percentage of the total Government Insured Mortgages: The ignated area.’’. volume of all species in United States waters Problem of Property ‘Flipping.’ ’’ (2) MAXIMUM SUSTAINABLE YIELD.—After that are manged under a fishery manage- The PRESIDING OFFICER. Without paragraph (23), insert the following: ment plan or international agreement.’’ objection, it is so ordered. ‘‘( ) The term ‘maximum sustainable yield’ (3) by striking the last sentence of para- f means the largest long-term average catch graph (1) and inserting the following: ‘‘A or yield in terms of weight of fish caught for fishery shall be classified as approaching a S. 2832—REAUTHORIZING THE MAG- commercial and recreational purposes that condition of being overfished if, based on the NUSON-STEVENS FISHERY CON- can be continuously taken from a stock best scientific information available trends SERVATION AND MANAGEMENT under existing environmental conditions, in fishing effort and fishery resource size and ACT and which is adjusted as environmental con- other appropriate factors, the Secretary esti- ditions change.’’. mates that the fishery will become over- On June 29, 2000, Ms. SNOWE intro- (b) NUMERATION AND REDESIGNATION.—Sec- fished within 2 years.’’; duced S. 2832. The text of the bill fol- tion 3 (16 U.S.C. 1802), as amended by sub- (4) by adding at the end of paragraph (1) lows: section (a), is amended— the following:

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6285 ‘‘(B) If the Secretary determines that in- States agreed to pursuant to a recommenda- ‘‘describe the likely effects, if any, of the sufficient information is available on which tion of the International Commission for the conservation and management measures to conclude that a fishery is approaching a Conservation of Atlantic Tunas; on—’’ and inserting ‘‘describe in detail the condition of being overfished, the Secretary ‘‘(iv) require comparable permitting, re- likely effects, including the individual and shall immediately notify the appropriate porting, monitoring, and enforcement for all cumulative economic and social impacts, of Council and within six months of such notifi- commercial and recreational fisheries;’’; and the conservation and management measures cation implement a research program, in- (5) by striking ‘‘species;’’ in subparagraph on—’’. cluding cooperative research, designed to (G), as redesignated, and inserting ‘‘species SEC. 109. ESSENTIAL FISH HABITAT. provide the information needed to determine and maintain the conservation leadership (a) FISHERY MANAGEMENT PLANS.—Section whether or not the fishery is approaching a role of the United States through such meas- 303(a)(7) (16 U.S.C. 1853(a)(7)) is amended to condition of being overfished.’’; ures;’’. read as follows: (5) by striking paragraph (2) and inserting SEC. 107. OBSERVERS. ‘‘(7) describe and identify essential fish the following: (a) IN GENERAL.—Section 303 (16 U.S.C. habitat and habitat areas of particular con- ‘‘(2)(A) If the Secretary determines at any 1853) is amended by adding at the end thereof cern for the fishery based on the guidelines time that a fishery is overfished, the Sec- the following: established by the Secretary under section retary shall immediately notify the appro- ‘‘(e) OBSERVER PROGRAMS.— 305(b)(1)(A), and minimize to the extent prac- priate Council and request that action be ‘‘(1) When establishing any new program ticable adverse effects on habitat areas of taken to end overfishing and to implement under this Act which utilizes observers de- particular concern caused by fishing and conservation and management measures to ployed on United States fishing vessels or in identify other actions to encourage the con- rebuild the stock of fish. United States fish processing plants for pur- servation and enhancement of such habi- ‘‘(B) If a fishery harvests more than one poses of monitoring the harvesting of fish tat.’’. stock of fish, the fishery shall be managed as and collecting scientific information, the (b) FISH HABITAT REQUIREMENT.—Section a unit and considered as a unit for purposes Council with jurisdiction over the fishery (or 305(b)(1) (16 U.S.C. 1855) is amended by insert- of this Act, and the conservation and man- in the case of a highly migratory species ing ‘‘and habitat areas of particular con- agement targets of this Act do not require fishery, the Secretary) in which the observ- cern’’ following ‘‘essential fish habitat’’ each that the fishery be managed on a stock-by- ers will be deployed shall establish a set of time it appears in subparagraphs (A) and (B). stock basis. goals and objectives, an implementation SEC. 110. REGIONAL FISHERY MANAGEMENT ‘‘(C) The Secretary shall publish each no- schedule for the program, and a statistically COUNCILS. tice under this paragraph in the Federal Reg- reliable method for achieving the goals and Section 302 (16 U.S.C. 1852) is amended— ister.’’; objectives. (1) by inserting ‘‘and of the common- (6) striking clauses (i) and (ii) of paragraph ‘‘(2) The goals and objectives required wealths, territories, and possessions of the (4) and inserting the following: under paragraph (1) shall take into account— United States in the Caribbean Sea’’ in sub- ‘‘(i) be as short as possible, taking into ac- ‘‘(A) equity among the various harvesting section (a)(1)(D) after ‘‘States’’; count the status and biology of any over- and processing sectors in the fishery; (2) by inserting ‘‘or disseminated by any fished stocks of fish, the need to minimize ‘‘(B) fair and equitable sharing of the costs other means that will result in wide pub- adverse social and economic impacts, includ- of the program among participants in the licity’’ in subsection (i)(2)(C) after ‘‘fishing the cumulative impact of conservation fishery; and ery)’’; and and management measures on fishing com- ‘‘(C) that those fishing vessels and proc- (3) by inserting ‘‘or notify the public munities, oceanographic and other environ- essing plants where observers are deployed through any other means that will result in mental conditions that affect the stocks of are not put at a disadvantage with respect to wide publicity’’ in subsection (i)(3)(B) after fish, the interaction of the overfished stock other harvesters or processors in that fishery ‘‘ports)’’. of fish within the marine ecosystem, and be or in other fisheries. SEC. 111. CONTENTS OF FISHERY MANAGEMENT consistent with conservation and manage- ‘‘(3) Any system of fees established under PLANS. ment measures adopted by an international this section shall provide that the total Section 303(b)(7) (16 U.S.C. 1853(b)(7)) is organization in which the United States par- amount of fees collected under this section amended by striking ‘‘(other than economic ticipates; and not exceed the combined cost of— data)’’. ‘‘(ii) not exceed 10 years, except in cases ‘‘(A) stationing observers on board fishing SEC. 112. ACTION BY THE SECRETARY. where the biology of the stock of fish, or vessels and United States fish processors; Section 304 (16 U.S.C. 1854) is amended— other environmental conditions dictate oth- ‘‘(B) the actual cost of inputting collected (1) by inserting ‘‘and any proposed imple- erwise, or in cases where conservation and data; and menting regulations prepared under section management measures adopted by an inter- ‘‘(C) less any amount received for such pur- 303(c)(1),’’ in subsection (a)(1) after ‘‘plan national organization in which the United pose from another source, including Federal amendment,’’; States participates recommend otherwise.’’; funds.’’. (2) by redesignating subparagraphs (A) and and (b) PLAN REQUIREMENT.—Section 303(a) (16 (B) of subsection (a)(1) as subparagraphs (B) (7) by striking ‘‘United States.’’ in para- U.S.C. 1853(a)) is amended— and (C), respectively; graph (4)(C) and inserting the following: (1) by striking ‘‘and’’ at the end of para- (3) by inserting before subparagraph (B), as ‘‘United States, and provide fair and equi- graph (13); so redesignated, of subsection (a)(1) the fol- table sharing of the management and con- (2) by striking ‘‘fishery.’’ in paragraph (14) lowing: servation requirements among all con- and inserting‘‘fishery; and’’; and ‘‘(A) immediately make a preliminary tracting harvesters under such an agree- (3) by adding at the end thereof the fol- evaluation of the management plan or ment.’’. lowing: amendment for purposes of deciding if it is (b) ATLANTIC HIGHLY MIGRATORY SPECIES.— ‘‘(15) to the extent that observers are de- consistent with the national standards and Section 304(g)(1) (16 U.S.C. 1854(g)(1)) is ployed on board United States fishing vessels sufficient in scope and substance to warrant amended— or in United States fish processing plants review under this subsection, and (1) by redesignating subparagraphs (A) under the provisions of a fishery manage- ‘‘(i) if that decision is affirmative, imple- through (G) as subparagraphs (B) through ment plan or regulations implementing a ment subparagraphs (B) and (C) with respect (H), respectively; fishery management plan, comply with the to the plan or amendment; or (2) by inserting before subparagraph (B), as goals and objectives required under sub- ‘‘(ii) if that decision is negative, dis- so redesignated, the following: section (e).’’. approve the plan or amendment and notify ‘‘(A) consult with the commissioners ap- SEC. 108. CUMULATIVE IMPACTS. the Council, in writing, of the disapproval pointed under section 971a of the Atlantic (a) NATIONAL STANDARDS.—Section 301(a)(8) and of those matters specified in paragraph Tunas Convention Act (16 U.S.C. 971) during (16 U.S.C. 1851(a)(8)) is amended to read as (3)(A), (B), and (C) as they relate to the plan the preparation of plans, plan amendments, follows: or amendment;’’; and regulations that implement rec- ‘‘(8) Conservation and management meas- (4) striking subparagraph (C), as so redesig- ommendations of the International Commis- ures shall, consistent with the conservation nated, of subsection (a)(1) and inserting the sion for the Conservation of Atlantic Tunas requirements of this Act, take into account following: to ensure that the implementation of such the importance of fishery resources to fish- ‘‘(C) by the 15th day following transmittal plans, plan amendments, and regulations is ing communities, and the individual and cu- of the plan and proposed implementing regu- consistent with such recommendations.’’; mulative economic and social impact of fish- lations, publish in the Federal Register— (3) by striking ‘‘commissioners and’’ in ery conservation and management measures ‘‘(i) a notice stating that the plan or subparagraph (B), as so redesignated; on such communities, in order to— amendment is available and that written (4) by redesignating clauses (iii) and (iv) in ‘‘(A) provide for the sustained participa- data, views, or comments of interested per- subparagraph (H), as so redesignated, as tion of such communities; and sons on the plan or amendment may be sub- clauses (v) and (vi), respectively, and insert- ‘‘(B) to the extent practicable, minimize mitted to the Secretary during the 50-day pe- ing after clause (ii) the following: adverse social and economic impacts on such riod beginning on the date the notice is pub- ‘‘(iii) do not have the effect of increasing communities.’’. lished; and or decreasing any allocation or quota of fish (b) CONTENTS OF PLANS.—Section 303(a)(9) ‘‘(ii) any proposed implementing regula- or fishing mortality level to the United (16 U.S.C. 1853(a)(9)) is amended by striking tions that are consistent with the fishery

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6286 CONGRESSIONAL RECORD — SENATE June 30, 2000 management plan or amendment, this Act, ‘‘(1) $15,000,000 for fiscal year 2001. shall identify and submit a report to the Sec- and other applicable law, for a comment pe- ‘‘(2) $20,000,000 for fiscal year 2002. retary outlining prioritized information or riod of 50 days (incorporating any technical ‘‘(3) $25,000,000 for fiscal year 2003. research needs to support ecosystem based changes to the Council’s proposed regula- ‘‘(4) $30,000,000 for fiscal year 2004. management of the fisheries within its juris- tions the Secretary believes to be necessary ‘‘(5) $35,000,000 for fiscal year 2005.’’. diction. In determining what factors to con- for clarity, together with an explanation of SEC. 115. INDIVIDUAL FISHING QUOTAS. sider, the Committees may consider the rec- those changes).’’; Section 303(d)(1)(A) is amended by striking ommendations outlined in the report under (5) by striking ‘‘section 303(c),’’ in sub- ‘‘before October 1, 2000,’’ and inserting ‘‘be- section (d). section (b)(1) and inserting ‘‘section fore October 1, 2003,’’. ‘‘(2) ASSISTANCE.—The Secretary shall pro- 303(c)(2),’’; SEC. 116. COOPERATIVE ENFORCEMENT AGREE- vide assistance to the regional councils to (6) by striking ‘‘if that determination is af- MENTS. obtain the prioritized information and con- firmative, the Secretary shall’’ in subsection Titile III is amended by adding at the end duct research identified in the reports under (b)(1)(A) and inserting ‘‘if the Secretary de- thereof the following: paragraph (1). These efforts shall not dis- termines that the regulations are consistent, place existing research efforts and priorities ‘‘SEC. 315. COOPERATIVE ENFORCEMENT USES. the Secretary shall, within 15 days of trans- identified by the regional councils or the ‘‘(a) IN GENERAL.—The Governor of a State mittal,’’; Secretary. represented on an Interstate Fisheries Com- (7) by striking ‘‘if that determination is mission may apply to the Secretary for exe- ‘‘(g) PILOT PROGRAM.— negative, the Secretary shall’’ in subsection cution of a cooperative enforcement agree- ‘‘(1) IN GENERAL.—Within 18 months after (b)(1)(B) and inserting ‘‘if the Secretary de- ment with the Secretary that will authorize the date of enactment of the Magnuson-Ste- termines that the regulations are not con- the deputization of State law enforcement vens Reauthorization Act of 2000, the Sec- sistent, the Secretary shall, within 15 days of officers with marine law enforcement re- retary, in consultation with the 8 regional transmittal,’’; and sponsibilities to perform duties of the Sec- fishery management council Chairs and af- (8) by striking ‘‘paragraph (1)(A).’’ in sub- retary relating to law enforcement provi- fected stakeholders, shall identify at least section (b)(3) and inserting ‘‘paragraph sions under this Act or any other marine re- one fishery or complex of interacting fish- (1)(A), and within 45 days after the end of the source laws enforced by the Secretary. Upon eries suitable for the development of a pilot comment period under subsection (a)(1)(C).’’. receiving an application meeting the re- Fishery Ecosystem Plan. The Secretary shall SEC. 113. INFORMATION COLLECTION. quirements of this section, the Secretary consider the reports submitted under sub- Section 402 (16 U.S.C. 1881a) is amended— shall enter into the cooperative enforcement section (f) when selecting the pilot program. (1) by striking ‘‘(other than information agreement with the requesting State. ‘‘(2) COORDINATION WITH APPROPRIATE COUN- that would disclose proprietary or confiden- ‘‘(b) REQUIREMENTS.—Cooperative enforce- CIL.—After identifying the pilot Fishery Eco- tial commercial or financial information re- ment agreements executed under subsection system Plan, the Secretary shall coordinate garding fishing operations or fish processing (a)— with the appropriate regional fishery man- operations)’’ each place it appears in sub- ‘‘(1) shall be consistent with the purposes agement council to identify any information section (a); and intent of section 311(a) of this Act, to or conduct any research that may be needed (2) by striking ‘‘under this Act shall be the extent applicable to the regulated activi- to complete such a plan including a model of confidential and shall not be disclosed,’’ in ties; and the food web, habitat needs of organisms subsection (b)(1) and inserting ‘‘under this ‘‘(2) may include specifications for joint identified in the food web, rates of mortality, Act, and that would disclose proprietary or management responsibilities as provided by identification of indicator species, and any confidential commercial or financial infor- the first section of Public Law 91-412 (15 other relevant data and monitoring needs. mation regarding fishing operations or fish U.S.C. 1525). ‘‘(3) FISHERY ECOSYSTEM PLAN.—Within 30 processing operations, shall be kept con- ‘‘(c) AUTHORIZATION AND ALLOCATION OF months after identification of the pilot fish- fidential and not disclosed for a period of 20 FUNDS.—There are authorized to be appro- ery or complex of interacting fisheries, the years following the year of submission to the priated to the Secretary for the purposes of appropriate regional fishery management Secretary,’’; and carrying out this section $10,000,000 in each council shall submit to the Secretary for ap- (3) by striking ‘‘under this Act,’’ in sub- of fiscal years 2001 through 2005. The Sec- proval a Fishery Ecosystem Plan. In cre- section (b)(2) and inserting ‘‘under this Act, retary shall include in each cooperative en- ating such plan, the council may consider and that would disclose proprietary or con- forcement agreement an allocation of funds the recommendations outlined in the report fidential commercial or financial informa- to assist in management of the agreement. under section (d).’’. tion regarding fishing operations or fish The allocation shall be equitably distributed TITLE II—SHARK CONSERVATION processing operations,’’. among all States participating in coopera- SEC. 114. COOPERATIVE RESEARCH AND MAN- tive enforcement agreements under this sub- SEC. 201. PROHIBITION ON SHARK-FINNING AND AGEMENT. section, based upon consideration of the spe- THE LANDING OF SHARK FINS The Act is amended by adding at the end cific marine conservation enforcement needs TAKEN BY SHARK-FINNING. thereof the following: of each participating State. Such agreement (a) IN GENERAL.—Section 307 of the Magnu- ‘‘TITLE V-COOPERATIVE RESEARCH AND may provide for amounts to be withheld by son-Stevens Fishery Conservation and Man- MANAGEMENT. the Secretary for the cost of any technical or agement Act (16 U.S.C. 1857) is amended— ‘‘SEC. 501. ESTABLISHMENT OF PROGRAM. other assistance provided to the State by the (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘(a) IN GENERAL.—The Secretary shall es- Secretary under the agreement.’’. ‘‘It is unlawful—’’; tablish a national cooperative research and SEC. 117. STATEMENT OF POLICY REGARDING (2) by striking ‘‘or’’ after the semicolon in management program to be administered by DELEGATION. subparagraph (N); the National Marine Fisheries Service, based Section 2(c) (16 U.S.C. 1801(c)) is amended— (3) by striking the period in subparagraph on recommendations by the Councils. The (1) by striking ‘‘and’’ after the semicolon (O) and inserting a semicolon and ‘‘or’’; and program shall consist of cooperative re- in paragraph (6); (4) by adding at the end the following: search and management activities between (2) by striking ‘‘States.’’ in paragraph (7) ‘‘(P) to engage in shark-finning, or to land fishing industry participants, the affected and inserting ‘‘States; and’’; and the fins of a shark that were taken by shark- States, and the Service. (3) by adding at the end thereof the fol- finning. ‘‘(b) RESEARCH AWARDS.—Each research lowing: ‘‘(b) SHARK-FINNING PRESUMPTION.—For project under this program shall be awarded ‘‘(8) to ensure that, notwithstanding any on a standard competitive basis established purposes of subsection (a)(1)(P), there is a re- other provision of law, the Secretary has ex- buttable presumption that shark fins landed by the Service, in consultation with the clusive authority in the Federal Government Councils. Each Council shall establish a re- from a fishing vessel or found on board a for managing fishery resources (as defined in fishing vessel were taken by shark-finning.’’. search steering committee to carry out this this Act), but the Secretary may delegate subsection. such authority to any other Federal offi- (b) DEFINITION ADDED TO ACT.—Section 3 of ‘‘(c) GUIDELINES.—The Secretary, in con- cial.’’. the Magnuson-Stevens Fishery Conservation sultation with the appropriate Council and and Management Act (16 U.S.C. 1802), as SEC. 118. SCIENTIFIC AND STATISTICAL COMMIT- the fishing industry, shall create guidelines TEES REPORT ON ECOSYSTEM RE- amended by section 103, is amended— so that participants in this program are not SEARCH PRIORITIES; PILOT PRO- (1) by redesignating paragraphs (38) penalized for loss of catch history or unex- GRAM FOR FISHERY ECOSYSTEM through (48), and any reference to any such pended days-at-sea as part of a limited entry PLANS. paragraph elsewhere in that Act, as para- system.’’. Section 406 (16 U.S.C. 1882) is amended by graphs (39) through (49); and ‘‘SEC. 502. AUTHORIZATION OF APPROPRIATIONS. adding at the end thereof the following: (2) by inserting after paragraph (37) the fol- ‘‘There are authorized to be appropriated ‘‘(f) RESEARCH.— lowing: to the National Marine Fisheries Service, in ‘‘(1) REPORT REQUIRED.—Within 12 months ‘‘(38) The term ‘shark-finning’ means the addition to amounts otherwise authorized by after the date of enactment of the Magnu- taking of a shark, removing the fin or fins this Act, the following amounts, to remain son-Stevens Reauthorization Act of 2000 the (whether or not including the tail), and re- available until expended, for the conduct of Scientific and Statistical Committees of turning the remainder of the shark to the this program: each regional fishery management council sea.’’.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6287 SEC. 202. REGULATIONS. determination to the Congress and establish viously certified under that subsection, and No later than 90 days after the date of en- a procedure, consistent with the provisions except as provided in subsection (b)(2), then actment of this Act, the Secretary of Com- of subchapter II of chapter 5 of title 5, United subsection (c) shall apply to imports of high- merce shall promulgate regulations imple- States Code, and including notice and an op- ly migratory sharks or products (including menting the prohibition set forth in section portunity for comment by the governments fins) harvested by vessels of that nation be- 307(a)(1)(P) of the Magnuson-Stevens Fishery of nations listed by the Secretary under ginning 90 days after the date in any year on Conservation and Management Act (16 U.S.C. paragraph (6) of section 203, for determining which the Secretary fails to make the sched- 1857(a)(1)(P)) that— whether those governments— uled annual certification required by sub- (1) establish shark fin landing require- (1) have adopted regulatory programs gov- section (b). ments that consider species identification erning shark-finning and other harvesting SEC. 205. SHARK-FINNING DEFINED. needs, shark processing methods, and the na- practices adversely affecting highly migra- ture and availability of markets for shark tory sharks that are comparable, taking into For the purposes of this title, the term products in the region in which the shark account different conditions, to those of the ‘‘shark-finning’’ means the taking of a fins are landed; United States; shark, removing the fin or fins (whether or (2) contain procedures governing release of (2) have established management plans not including the tail), and returning the re- sharks caught but not retained by a fishing governing release of highly migratory spe- mainder of the shark to the sea. vessel that will ensure maximum probability cies of sharks caught but not retained by SEC. 206. INTERNATIONAL COOPERATION AND of survival of sharks after release; fishing vessels that ensure maximum prob- ASSISTANCE. (3) contain documentation and other re- ability of survival after release; and To the greatest extent possible consistent quirements necessary to assure the timely (3) have established a management plan with existing authority and the availability and adequate collection of data to support containing requirements that will assist in of funds, the Secretary of Commerce shall— shark stock assessments and conservation gathering species-specific data to support (1) provide appropriate technological and enforcement efforts; and international and regional shark stock as- other assistance to nations listed under (4) set forth the facts and circumstances sessments and conservation enforcement ef- paragraph (6) of section 203 and regional or under which a person may rebut the pre- forts. international organizations of which those (b) CERTIFICATION PROCEDURE.— sumption established by section 307(b) of the nations are members to assist those nations (1) IN GENERAL.—The Secretary shall deter- Magnuson-Stevens Fishery Conservation and in qualifying for certification under section mine, on the basis of the procedure under Management Act (16 U.S.C. 1857(b), including 204(b)(1); subsection (a), and certify to the Congress the use of documentation provided through (2) undertake, where appropriate, coopera- not later than 90 days after promulgation of applicable fisheries observer programs and tive research activities on species statistics the regulations under section 202, and annu- dockside inspection. and improved harvesting techniques, with ally thereafter whether the government of SEC. 203. INTERNATIONAL NEGOTIATIONS. those nations or organizations; each harvesting nation— The Secretary of Commerce, acting (3) encourage and facilitate the transfer of (A) has provided documentary evidence of through the Secretary of State, may with re- appropriate technology to those nations or the adoption of a regulatory program gov- spect to the fishing practices on highly mi- organizations to assist those nations in erning shark-finning and the conservation of gratory sharks governed by regulations pro- qualifying for certification under section highly migratory sharks that is comparable, mulgated by the Secretary of Commerce pur- 204(b)(1); and taking into account different conditions, to suant to section 202 of this title— (4) provide assistance to those nations or that of the United States; (1) notify other nations whose vessels en- organizations in designing and implementing (B) has established a management plan gage in fishing on highly migratory sharks, appropriate shark harvesting plans. as soon as possible, about the import certifi- governing release of highly migratory spe- cation procedures and regulations under sec- cies of sharks caught but not retained by a f tion of this title, as well as the international fishing vessel that will ensure maximum cooperation and assistance provisions of sec- probability of survival of after release; and tion 204; (C) has established a management plan NATIONAL DEFENSE AUTHORIZA- (2) initiate discussions as soon as possible containing requirements that will assist in TION ACT FOR FISCAL YEAR gathering species-specific data to support for purpose of developing bilateral or multi- 2001—Resumed lateral agreements with other nations to international and regional shark stock as- conserve and manage highly migratory sessments and conservation enforcement ef- The PRESIDING OFFICER. The sharks, which should include provisions pro- forts. clerk will report the bill by title. (2) ALTERNATIVE PROCEDURE.—The Sec- hibiting shark-finning and minimizing ad- The legislative clerk read as follows: verse effects of commercial fishing oper- retary shall establish a procedure for certifi- ations on species of highly migratory sharks; cation, on a shipment-by-shipment, shipper- A bill (S. 2549) to authorize appropriations (3) provide to the Congress, by not later by-shipper, or other basis of imports of high- for fiscal year 2001 for military activities of than 1 year after the date of enactment of ly migratory sharks or products (including the Department of Defense, for military con- this Act, and every year thereafter, a full re- fins) from a vessel of a harvesting nation not struction, and for defense activities of the port which— certified under paragraph (1) if the Secretary Department of Energy, to prescribe per- (A) includes a list of nations whose vessels determines that such imports were harvested sonnel strengths for such fiscal year for the conduct shark-finning or commercial fishing by practices that— Armed Forces, and for other purposes. operations which may adversely affect high- (A) do not adversely affect highly migratory sharks; AMENDMENTS NOS. 3740 THROUGH 3757, AND NO. ly migratory shark species; 3624, EN BLOC (B) describes the efforts taken to carry out (B) include release of highly migratory this title and evaluates the progress of those species of sharks caught but not retained by Mr. WARNER. Mr. President, the dis- efforts; such vessel in a manner that ensures max- tinguished colleague, Mr. LEVIN, and I (C) includes a determination as to whether imum probability of survival after release; have been working with our leadership, the importation into the United States of (C) include the gathering of species-specific and we now have cleared amendments. data that can be used to support inter- sharks and shark products (including fins) is I send a series of amendments to the adversely affecting the effectiveness of na- national and regional shark stock assess- tional and international measures for the ments and conservation efforts; or desk which have been cleared by the conservation of highly migratory sharks; (D) are consistent with harvesting prac- ranking member and myself. There- and tices comparable, taking into account the fore, I ask unanimous consent that the (D) includes recommendations for meas- circumstances, to those of the United States. Senate consider those amendments en (c) UNCERTIFIED IMPORTS.—It is unlawful to ures to ensure that United States actions are import highly migratory sharks or products bloc, the amendments be agreed to, the consistent with national, international, and (including fins) which have been harvested motions to reconsider be laid upon the regional obligations relating to highly mi- by the practice of shark-finning or other table, and, finally, that any statements gratory shark populations, including those commercial fishing practices that may affect relating to any of these individual listed under the Convention on the Inter- adversely such populations of sharks more national Trade in Endangered Species. amendments be printed in the RECORD. than 90 days after promulgation of the regu- Mr. LEVIN. Mr. President, we have SEC. 204. IMPORT CERTIFICATION. lations under section 202 if such sharks or (a) IN GENERAL.—If the Secretary of Com- products were harvested by a vessel of a har- no objection to this package. We sup- merce, after consultation with the Secretary vesting nation not certified under subsection port it. of State, determines that the importation of (b)(1) unless that vessel is certified under The PRESIDING OFFICER. Without sharks or shark products into the United subsection (b)(2). objection, it is so ordered. States is adversely affecting the effective- (d) REINSTATEMENT OF UNCERTIFIED COUN- ness of national and international measures TRY STATUS.—If the Secretary fails to make The amendments (Nos. 3740 through for the conservation of highly migratory the annual certification required by sub- 3757, and No. 3624) were agreed to en sharks, then the Secretary shall report that section (b)(1) with respect to a country pre- bloc, as follows:

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AMENDMENT NO. 3740 ‘‘CHAPTER 112—INFORMATION SECURITY gree shall include clauses that provide the (Purpose: To set aside funds for the indus- SCHOLARSHIP PROGRAM following: trial mobilization capacity at Army am- ‘‘Sec. ‘‘(A) That the period of obligated service munition facilities and arsenals that are ‘‘2200. Programs; purpose. begins on a date after the award of the de- government owned, government operated) ‘‘2200a. Scholarship program. gree that is determined under the regula- On page 58, between lines 7 and 8, insert ‘‘2200b. Grant program. tions prescribed under section 2200d of this the following: ‘‘2200c. Centers of Academic Excellence in In- title. ‘‘(B) That the person will maintain satis- SEC. 313. INDUSTRIAL MOBILIZATION CAPACITY formation Assurance Edu- AT GOVERNMENT-OWNED, GOVERN- cation. factory academic progress, as determined in MENT-OPERATED ARMY AMMUNI- ‘‘2200d. Regulations. accordance with those regulations, and that TION FACILITIES AND ARSENALS. ‘‘2200e. Definitions. failure to maintain such progress constitutes Of the amount authorized to be appro- ‘‘2200f. Inapplicability to Coast Guard. grounds for termination of the financial as- priated under section 301(1), $51,280,000 shall sistance for the person under this section. ‘‘§ 2200. Programs; purpose be available for funding the industrial mobi- ‘‘(C) Any other terms and conditions that lization capacity at Army ammunition fa- ‘‘(a) IN GENERAL.—To encourage the re- the Secretary of Defense determines appro- cilities and arsenals that are government cruitment and retention of Department of priate for carrying out this section. owned, government operated. Defense personnel who have the computer ‘‘(c) AMOUNT OF ASSISTANCE.—The amount and network security skills necessary to of the financial assistance provided for a per- AMENDMENT NO. 3741 meet Department of Defense information as- son under this section shall be the amount (Purpose: To express the Sense of the Senate surance requirements, the Secretary of De- determined by the Secretary of Defense as on the modernization of Air National fense may carry out programs in accordance being necessary to pay all educational ex- Guard F–16A units) with this chapter to provide financial sup- penses incurred by that person, including port for education in disciplines relevant to At the appropriate place, insert: tuition, fees, cost of books, laboratory ex- those requirements at institutions of higher penses, and expenses of room and board. The SEC. . SENSE OF THE SENATE RESOLUTION ON education. THE MODERNIZATION OF AIR NA- expenses paid, however, shall be limited to ‘‘(b) TYPES OF PROGRAMS.—The programs TIONAL GUARD F–16A UNITS those educational expenses normally in- authorized under this chapter are as follows: (a) FINDINGS.—Congress finds that— curred by students at the institution of high- (1) Certain U.S. Air Force Air National ‘‘(1) Scholarships for pursuit of programs er education involved. Guard fighter units are flying some of the of education in information assurance at in- ‘‘(d) USE OF ASSISTANCE FOR SUPPORT OF IN- world’s oldest and least capable F–16A air- stitutions of higher education. TERNSHIPS.—The financial assistance for a craft which are approaching the end of their ‘‘(2) Grants to institutions of higher edu- person under this section may also be pro- service lives. cation. vided to support internship activities of the (2) The aircraft are generally incompatible ‘‘§ 2200a. Scholarship program person at the Department of Defense in peri- with those flown by the active force and ‘‘(a) AUTHORITY.—The Secretary of Defense ods between the academic years leading to therefore cannot be effectively deployed to may, subject to subsection (g), provide finan- the degree for which assistance is provided theaters of operation to support contin- cial assistance in accordance with this sec- the person under this section. gencies and to relieve the high operations tion to a person pursuing a baccalaureate or ‘‘(e) REFUND FOR PERIOD OF UNSERVED OB- tempo of active duty units. advanced degree in an information assurance LIGATED SERVICE.—(1) A person who volun- (3) The Air Force has specified no plans to discipline referred to in section 2200(a) of tarily terminates service before the end of replace these obsolescent aircraft before the this title at an institution of higher edu- the period of obligated service required year 2007 at the earliest. cation who enters into an agreement with under an agreement entered into under sub- (b) SENSE OF THE SENATE.—It is the sense of the Secretary as described in subsection (b). section (b) shall refund to the United States the Senate that in light of these findings— ‘‘(b) SERVICE AGREEMENT FOR SCHOLARSHIP an amount determined by the Secretary of (1) The Air Force should, by February 1, RECIPIENTS.—(1) To receive financial assist- Defense as being appropriate to obtain ade- 2001, provide Congress with a plan to mod- ance under this section— quate service in exchange for financial as- ernize and upgrade the combat capabilities ‘‘(A) a member of the armed forces shall sistance and otherwise to achieve the goals of those Air National Guard units that are enter into an agreement to serve on active set forth in section 2200(a) of this title. now flying F–16As so they can deploy as part duty in the member’s armed force for the pe- ‘‘(2) An obligation to reimburse the United of Air Expeditionary Forces and assist in re- riod of obligated service determined under States imposed under paragraph (1) is for all lieving the high operations tempo of active paragraph (2); purposes a debt owed to the United States. duty units. ‘‘(B) an employee of the Department of De- ‘‘(3) The Secretary of Defense may waive, fense shall enter into an agreement to con- in whole or in part, a refund required under AMENDMENT NO. 3742 tinue in the employment of the department paragraph (1) if the Secretary determines (Purpose: To substitute a requirement for a for the period of obligated service deter- that recovery would be against equity and report on the Department of Defense proc- mined under paragraph (2); and good conscience or would be contrary to the ess for decisionmaking in cases of false ‘‘(C) a person not referred to in subpara- best interests of the United States. claims) graph (A) or (B) shall enter into an agree- ‘‘(f) EFFECT OF DISCHARGE IN BANK- Strike the matter proposed to be inserted ment— RUPTCY.—A discharge in bankruptcy under and insert the following: ‘‘(i) to enlist or accept a commission in one title 11 that is entered less than 5 years after SEC. 1061. DEPARTMENT OF DEFENSE PROCESS of the armed forces and to serve on active the termination of an agreement under this FOR DECISIONMAKING IN CASES OF duty in that armed force for the period of ob- section does not discharge the person signing FALSE CLAIMS. ligated service determined under paragraph such agreement from a debt arising under Not later than February 1, 2001, the Sec- (2); or such agreement or under subsection (e). retary of Defense shall submit to Congress a ‘‘(ii) to accept and continue employment in ‘‘(g) ALLOCATION OF FUNDING.—Not less report describing the policies and procedures the Department of Defense for the period of than 50 percent of the amount available for for Department of Defense decisionmaking obligated service determined under para- financial assistance under this section for a on issues arising under sections 3729 through graph (2). fiscal year shall be available only for pro- 3733 of title 31, United States Code, in cases ‘‘(2) For the purposes of this subsection, viding financial assistance for the pursuit of of claims submitted to the Department of the period of obligated service for a recipient degrees referred to in subsection (a) at insti- Defense that are suspected or alleged to be of financial assistance under this section tutions of higher education that have estab- false. The report shall include a discussion of shall be the period determined by the Sec- lished, improved, or are administering pro- any changes that have been made in the poli- retary of Defense as being appropriate to ob- grams of education in information assurance cies and procedures since January 1, 2000. tain adequate service in exchange for the fi- under the grant program established in sec- nancial assistance and otherwise to achieve tion 2200b of this title, as determined by the AMENDMENT NO. 3743 the goals set forth in section 2200(a) of this Secretary of Defense. (Purpose: To modify the authority relating title. In no event may the period of service ‘‘§ 2200b. Grant program to the information security scholarship required of a recipient be less than the pe- ‘‘(a) AUTHORITY.—The Secretary of Defense program) riod equal to 3⁄4 of the total period of pursuit may provide grants of financial assistance to On page 380, strike line 4 and all that fol- of a degree for which the Secretary agrees to institutions of higher education to support lows through page 385, line 8, and insert the provide the recipient with financial assist- the establishment, improvement, or adminis- following: ance under this section. The period of obli- tration of programs of education in informa- SEC. 1042. INFORMATION SECURITY SCHOLAR- gated service is in addition to any other pe- tion assurance disciplines referred to in sec- SHIP PROGRAM. riod for which the recipient is obligated to tion 2200(a) of this title. (a) ESTABLISHMENT OF PROGRAM.—(1) Part serve on active duty or in the civil service, ‘‘(b) PURPOSES.—The proceeds of grants III of subtitle A of title 10, United States as the case may be. under this section may be used by an institu- Code, is amended by adding at the end the ‘‘(3) An agreement entered into under this tion of higher education for the following following: section by a person pursuing an academic de- purposes:

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‘‘(1) Faculty development. AMENDMENT NO. 3745 (3) The transfers provide the Department ‘‘(2) Curriculum development. (Purpose: To add $18,900,000 for Defense-wide of the Air Force and the Department of the ‘‘(3) Laboratory improvements. procurement for the procurement of probes Army with complete land management con- ‘‘(4) Faculty research in information secu- for aerial refueling of, and for the procure- trol of these public domain lands to allow for rity. ment and integration of internal, auxil- effective land management, minimize safety ‘‘§ 2200c. Centers of Academic Excellence in iary, 200-gallon fuel tanks for, MH–60 air- concerns, and ensure meaningful training. Information Assurance Education craft for the United States Special Oper- (4) The Department of the Interior concurs ‘‘In the selection of a recipient for the ations Command; and to offset that in- with the land transfers at Melrose Range and award of a scholarship or grant under this crease by reducing by $18,900,000 the Yakima Training Center. chapter, consideration shall be given to amount for the Army for other procure- (b) SENSE OF CONGRESS.—It is the sense of whether— ment for the family of medium tactical ve- Congress that the land transfers at Melrose ‘‘(1) in the case of a scholarship, the insti- hicles) Range, New Mexico, and Yakima Training Center, Washington, will support military tution at which the recipient pursues a de- On page 18, line 4, strike ‘‘$2,184,608,000’’ training, safety, and land management con- gree is a Center of Academic Excellence in and insert ‘‘$2,203,508,000’’. Information Assurance Education; and On page 16, line 22, strike ‘‘$4,068,570,000’’ cerns on the lands subject to transfer. ‘‘(2) in the case of a grant, the recipient is and insert ‘‘$4,049,670,000’’. a Center of Academic Excellence in Informa- AMENDMENT NO. 3749 tion Assurance Education. AMENDMENT NO. 3746 (Purpose: To provide for the construction of ‘‘§ 2200d. Regulations (Purpose: To increase the authorization of an operations office complex for the Na- tional Nuclear Security Administration) ‘‘The Secretary of Defense shall prescribe appropriation for the Army for RDT&E by regulations for the administration of this $40,000,000 in order to fund the development On page 586, following line 20, add the fol- chapter. and execution of the plan for comparing lowing: ‘‘§ 2200e. Definitions costs and operational effectiveness of me- SEC. 3138. CONSTRUCTION OF NATIONAL NU- dium armored combat vehicles; and to off- CLEAR SECURITY ADMINISTRATION ‘‘In this chapter: set that amount by reducing the authoriza- OPERATIONS OFFICE COMPLEX. ‘‘(1) The term ‘information assurance’ in- tion of appropriation for the Air Force for (a) AUTHORITY FOR DESIGN AND CONSTRUC- cludes the following: RDT&E for the extended range cruise mis- TION.—Subject to subsection (b), the Admin- ‘‘(A) Computer security. sile by $40,000,000) istrator of the National Nuclear Security ‘‘(B) Network security. Administration may provide for the design On page 33, line 10, strike ‘‘$5,461,946,000’’ ‘‘(C) Any other information technology and construction of a new operations office and insert ‘‘$5,501,946,000’’. that the Secretary of Defense considers re- complex for the National Nuclear Security On page 33, line 12, strike ‘‘$13,927,836,000’’ lated to information assurance. Administration in accordance with the feasi- and insert ‘‘$13,887,836,000’’. ‘‘(2) The term ‘institution of higher edu- bility study regarding such operations office cation’ has the meaning given the term in On page 48, between lines 20 and 21, insert the following: complex conducted under the National De- section 101 of the Higher Education Act of fense Authorization Act for Fiscal Year 2000. SEC. 222. FUNDING FOR COMPARISONS OF ME- 1965 (20 U.S.C. 1001). (b) LIMITATION.—The Administrator may DIUM ARMORED COMBAT VEHICLES. ‘‘(3) The term ‘Center of Academic Excel- not exercise the authority in subsection (a) Of the amount authorized to be appro- lence in Information Assurance Education’ until the later of— priated under section 201(1), $40,000,000 shall means an institution of higher education (1) 30 days after the date on which the plan be available for the advanced tank arma- that is designated as a Center of Academic required by section 3135(a) is submitted to ment system program for the development Excellence in Information Assurance Edu- the Committees on Armed Services of the and execution of the plan for comparing cation by the Director of the National Secu- Senate and House of Representatives under costs and operational effectiveness of me- rity Agency. that section; or dium armored combat vehicles required ‘‘§ 2200f. Inapplicability to Coast Guard (2) the date on which the Administrator under section 112(b). ‘‘This chapter does not apply to the Coast certifies to Congress that the design and construction of the complex in accordance with Guard when it is not operating as a service AMENDMENT NO. 3747 in the Navy.’’. the feasibility study is consistent with the (2) The tables of chapters at the beginning (Purpose: To provide a two-year extension in plan required by section 3135(a). of subtitle A of title 10, United States Code, the authority to engage in commercial ac- (c) BASIS OF AUTHORITY.—The design and and the beginning of part III of such subtitle tivities as security for intelligence collec- construction of the operations office com- are amended by inserting after the item re- tion activities) plex authorized by subsection (a) shall be lating to chapter 111 the following: On page 415, between lines 2 and 3, insert carried out through one or more energy sav- ‘‘112. Information Security Scholar- the following: ings performance contracts (ESPC) entered ship Program ...... 2200’’. SEC. 1061. TWO-YEAR EXTENSION OF AUTHORITY into under this section and in accordance (b) FUNDING.—Of the amount authorized to TO ENGAGE IN COMMERCIAL AC- with the provisions of title VIII of the Na- be appropriated under section 301(5), TIVITIES AS SECURITY FOR INTEL- tional Energy Policy Conservation Act (42 LIGENCE COLLECTION ACTIVITIES. $20,000,000 shall be available for carrying out U.S.C. 8287 et seq.). Section 431(a) of title 10, United States chapter 112 of title 10, United States Code (as (d) PAYMENT OF COSTS.—Amounts for pay- Code, is amended in the second sentence by added by subsection (a)). ments of costs associated with the construc- striking ‘‘December 31, 2000’’ and inserting (c) REPORT.—Not later than April 1, 2001, tion of the operations office complex author- the Secretary of Defense shall submit to the ‘‘December 31, 2002’’. ized by subsection (a) shall be derived from congressional defense committees a plan for energy savings and ancillary operation and implementing the programs under chapter AMENDMENT NO. 3748 maintenance savings that result from the re- 112 of title 10, United States Code. (Purpose: To state the sense of Congress replacement of a current Department of En- garding land transfers at Melrose Range, ergy operations office complex (as identified AMENDMENT NO. 3744 New Mexico, and Yakima Training Center, in the feasibility study referred to in sub- (Purpose: To provide for adjustments in the Washington) section (a)) with the operations office com- threshold requirement for the submission On page 546, after line 13, add the fol- plex authorized by subsection (a). of a reports on exports of computers to lowing: AMENDMENT NO. 3750 Tier III countries) SEC. 2882. SENSE OF CONGRESS REGARDING On page 610, between lines 13 and 14, insert LAND TRANSFERS AT MELROSE (Purpose: To make available $400,000 for a the following: RANGE, NEW MEXICO, AND YAKIMA conceptual design for a Subsurface Geo- TRAINING CENTER, WASHINGTON. sciences Laboratory at Idaho National En- SEC. 3178. ADJUSTMENT OF THRESHOLD RE- (a) FINDINGS.—Congress makes the fol- QUIREMENT FOR SUBMISSION OF gineering Laboratory, Idaho Falls, Idaho) REPORTS ON ADVANCED COMPUTER lowing findings: On page 603, between lines 18 and 19, insert SALES TO TIER III FOREIGN COUN- (1) The Secretary of the Air Force seeks the following: TRIES. the transfer of 6,713 acres of public domain SEC. . CONCEPTUAL DESIGN FOR SUBSURFACE Section 3157 of the National Defense Au- land within the Melrose Range, New Mexico, GEOSCIENCES LABORATORY AT thorization Act for Fiscal Year 1998 (Public from the Department of the Interior to the IDAHO NATIONAL ENGINEERING Law 105–85; 111 Stat. 2045) is amended by add- Department of the Air Force for the contin- AND ENVIRONMENTAL LABORA- ing at the end the following: ued use of these lands as a military range. TORY, IDAHO FALLS, IDAHO. ‘‘(e) ADJUSTMENT OF PERFORMANCE LEV- (2) The Secretary of the Army seeks the (a) AUTHORIZATION.—Of the amounts au- ELS.—Whenever a new composite theoretical transfer of 6,640 acres of public domain land thorized to be appropriated by paragraphs (2) performance level is established under sec- within the Yakima Training Center, Wash- and (3) of section 3102(a), not more than tion 1211(d), that level shall apply for pur- ington, from the Department of the Interior $400,000 shall be available to the Secretary of poses of subsection (a) of this section in lieu to the Department of the Army for military Energy for purposes of carrying out a con- of the level set forth in subsection (a).’’. training purposes. ceptual design for a Subsurface Geosciences

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Laboratory at Idaho National Engineering AMENDMENT NO. 3751 ‘‘(E) to establish wellness and fitness pro- and Environmental Laboratory, Idaho Falls, (Purpose: To assist the economic develop- grams for firefighting personnel to ensure Idaho. ment of the Ute Indian Tribe by author- that the firefighting personnel can carry out their duties; (b) LIMITATION.—None of the funds authorizing the transfer to the Tribe of Oil Shale ‘‘(F) to fund emergency medical services ized to be appropriated by section (a) may be Reserve Numbered 2, to protect the Colo- rado River by providing for the removal of provided by fire departments; obligated until 60 days after the Secretary ‘‘(G) to acquire additional firefighting ve- submits the report required by section (c). the tailings from the Atlas uranium milling site near Moab, Utah, and for other hicles, including fire trucks; (c) REPORT.—The Secretary of Energy shall purposes) ‘‘(H) to acquire additional firefighting equipment, including equipment for commu- submit to the congressional defense commit- (The amendment is printed in Today’s nications and monitoring; tees a report on the proposed Subsurface RECORD under ‘‘Amendments Submitted.’’) Geosciences Laboratory, including the fol- ‘‘(I) to acquire personal protective equip- AMENDMENT NO. 3752 lowing: ment required for firefighting personnel by (Purpose: To add funds for the procurement the Occupational Safety and Health Admin- (1) The need to conduct mesoscale experi- of the anti-personnel obstacle breaching istration, and other personal protective ments to meet long-term clean-up require- system; and to provide an offset) equipment for firefighting personnel; ments at Department of Energy sites. On page 17, line 17, strike ‘‘$496,749,000’’ and ‘‘(J) to modify fire stations, fire training (2) The possibility of utilizing or modifying insert ‘‘$500,749,000’’. facilities, and other facilities to protect the an existing structure or facility to house a On page 31, between lines 18 and 19, insert health and safety of firefighting personnel; new mesoscale experimental capability. the following: ‘‘(K) to enforce fire codes; ‘‘(L) to fund fire prevention programs; or (3) The estimated construction cost of the SEC. 126. ANTI-PERSONNEL OBSTACLE BREACH- ING SYSTEM. ‘‘(M) to educate the public about arson pre- facility. Of the total amount authorized to be ap- vention and detection. (4) The estimated annual operating cost of propriated under section 102(c), $4,000,000 is ‘‘(4) FIRE PREVENTION PROGRAMS.— the facility. available only for the procurement of the ‘‘(A) IN GENERAL.—For each fiscal year, the Director shall use not less than 10 percent of (5) How the facility will utilize, integrate, anti-personnel obstacle breaching system. On page 54, line 16, strike ‘‘$11,973,569,000’’ the funds made available under subsection and support the technical expertise, capabili- and insert ‘‘$11,969,569,000’’. (c)— ties, and requirements at other Department ‘‘(i) to make grants to fire departments for of Energy and non-Department of Energy fa- AMENDMENT NO. 3753 the purpose described in paragraph (3)(L); cilities. (Purpose: To authorize the Director of the and (6) An analysis of costs, savings, and bene- Federal Emergency Management Agency ‘‘(ii) to make grants to, or enter into contracts or cooperative agreements with, na- fits which are unique to the Idaho National to provide assistance to fire departments tional, State, local, or community organiza- Engineering and Environmental Laboratory. and fire prevention organizations for the tions that are recognized for their experience purpose of protecting the public and fire- and expertise with respect to fire prevention Mr. CRAPO. Mr. President, I rise fighting personnel against fire and fire-re- or fire safety programs and activities, for the today to offer an amendment to the lated hazards) purpose of carrying out fire prevention Fiscal Year 2001 Defense Authorization On page 415, between lines 2 and 3, insert programs. Act to authorize the conceptual design the following: ‘‘(B) PRIORITY.—In selecting organizations of a Subsurface Geoscience Laboratory SEC. 1061. FIREFIGHTER INVESTMENT AND described in subparagraph (A)(ii) to receive at the Idaho National Engineering and RESPONSE ENHANCEMENT. assistance under this paragraph, the Direc- Environmental Laboratory. As many of The Federal Fire Prevention and Control tor shall give priority to organizations that Act of 1974 (15 U.S.C. 2201 et seq.) is amended my colleagues know, money for envi- focus on prevention of injuries to children by adding at the end the following: from fire. ronmental cleanup is in short supply. ‘‘SEC. 33. FIREFIGHTER INVESTMENT AND ‘‘(5) APPLICATION.—The Director may pro- The options for addressing cleanup RESPONSE ENHANCEMENT. vide assistance to a fire department or orga- funding shortfalls are limited to taking ‘‘(a) DEFINITION OF FIREFIGHTING PER- nization under this subsection only if the funds from other programs to support SONNEL.—In this section, the term ‘fire- fire department or organization seeking the environmental cleanup, not doing the fighting personnel’ means individuals, in- assistance submits to the Director an appli- cluding volunteers, who are firefighters, offi- cleanup, or putting money into re- cation in such form and containing such in- cers of fire departments, or emergency med- formation as the Director may require. search, development, science, and tech- ical service personnel of fire departments. ‘‘(6) MATCHING REQUIREMENT.—The Director nology to make environmental cleanup ‘‘(b) ASSISTANCE PROGRAM.— may provide assistance under this subsection cheaper and more efficient. This ‘‘(1) AUTHORITY.—In accordance with this only if the applicant for the assistance amendment and the Subsurface Geo- section, the Director may— agrees to match with an equal amount of science Laboratory addresses the latter ‘‘(A) make grants on a competitive basis to non-Federal funds 10 percent of the assist- fire departments for the purpose of pro- ance received under this subsection for any of these options. tecting the health and safety of the public fiscal year. The Subsurface Geoscience Labora- and firefighting personnel against fire and ‘‘(7) MAINTENANCE OF EXPENDITURES—The tory would be located at the INEEL fire-related hazards; and Director may provide assistance under this which, as the load laboratory for the ‘‘(B) provide assistance for fire prevention subsection only if the applicant for the as- programs in accordance with paragraph (4). sistance agrees to maintain in the fiscal year Environmental Management program ‘‘(2) ESTABLISHMENT OF OFFICE FOR ADMINIS- for which the assistance will be received the within DOE, is the natural location for TRATION OF ASSISTANCE.—Before providing applicant’s aggregate expenditures for the this facility. In addition, the capabili- assistance under paragraph (1), the Director uses described in paragraph (3) or (4) at or ties and core competencies of the shall establish an office in the Federal Emer- above the average level of such expenditures INEEL are a good fit with the sub- gency Management Agency that shall have in the 2 fiscal years preceding the fiscal year surface science needs of the nation. I the duties of establishing specific criteria for for which the assistance will be received. the selection of recipients of the assistance, ‘‘(8) REPORT TO THE DIRECTOR.—The Direc- say the nation because, although this and administering the assistance, under this tor may provide assistance under this sub- facility would be located in Idaho, the section. section only if the applicant for the assist- solution developed would be applicable ‘‘(3) USE OF FIRE DEPARTMENT GRANT ance agrees to submit to the Director a re- to DOE sites across the nation. The so- FUNDS.—The Director may make a grant port, including a description of how the as- lutions developed would also be appli- under paragraph (1)(A) only if the applicant sistance was used, with respect to each fiscal cable outside of the DOE, in fact, any- for the grant agrees to use the grant funds— year for which the assistance was received. ‘‘(A) to hire additional firefighting per- ‘‘(9) VARIETY OF FIRE DEPARTMENT GRANT where environmental contaminants sonnel; RECIPIENTS.—The Director shall ensure that threaten subsurface water supplies. ‘‘(B) to train firefighting personnel in fire- grants under paragraph (1)(A) for a fiscal The $400,000 authorized by this amend- fighting, emergency response, arson preven- year are made to a variety of fire department for conceptual design of the Sub- tion and detection, or the handling of haz- ments, including, to the extent that there surface Geoscience Laboratory is an ardous materials, or to train firefighting per- are eligible applicants— important first step to developing the sonnel to provide any of the training de- ‘‘(A) paid, volunteer, and combination fire scientific and technical tools needed to scribed in this subparagraph; departments; ‘‘(C) to fund the creation of rapid interven- ‘‘(B) fire departments located in commu- solve environmental cleanup problems. tion teams to protect firefighting personnel nities of varying sizes; and I urge my colleagues to support this at the scenes of fires and other emergencies; ‘‘(C) fire departments located in urban, amendment. ‘‘(D) to certify fire inspectors; suburban, and rural communities.

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‘‘(10) LIMITATION ON EXPENDITURES FOR On page 547, line 19, strike $4,672,800,000’’ ties after examination of the potential envi- FIREFIGHTING VEHICLES.—The Director shall and insert ‘‘$4,747,800,000’’. ronmental and flight safety ramifications for ensure that not more than 25 percent of the On page 547, line 24, strike ‘‘$3,887,383,000’’ irrigation that has been eliminated, or will assistance made available under this sub- and insert ‘‘$3,822,383,000’’. be eliminated, for the greenbelt at Fallon section for a fiscal year is used for the use On page 548, line 3, strike ‘‘$1,496,982,000’’ Naval Air Station, Nevada. Any activities described in paragraph (3)(G). and insert ‘‘$1,471,982,000’’. carried out under the preceding sentence ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— On page 548, line 5, strike ‘‘$1,547,798,000’’ shall be consistent with aircrew safety at ‘‘(1) IN GENERAL.—There are authorized to and insert ‘‘$1,507,798,000’’. Fallon Naval Air Station. be appropriated to the Director— On page 549, line 2, strike ‘‘$448,173,000’’ and (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) $100,000,000 for fiscal year 2001; insert ‘‘$588,173,000’’. There is hereby authorized to be appro- ‘‘(B) $200,000,000 for fiscal year 2002; On page 552, line 7, strike ‘‘$74,100,000’’ and priated for operation and maintenance for ‘‘(C) $400,000,000 for fiscal year 2003; insert ‘‘$214,100,000’’. the Navy such sums as may be necessary to ‘‘(D) $600,000,000 for fiscal year 2004; On page 560, line 23, strike ‘‘$141,317,000’’ carry out the activities required by sub- ‘‘(E) $800,000,000 for fiscal year 2005; and and insert ‘‘$216,317,000’’. section (a). ‘‘(F) $1,000,000,000 for fiscal year 2006. On page 603, between lines 18 and 19, insert Mr. WARNER. Mr. President, I move ‘‘(2) LIMITATION ON ADMINISTRATIVE the following: to reconsider the vote. COSTS.—Of the amounts made available SEC. 3156. REPORT ON NATIONAL IGNITION FA- CILITY, LAWRENCE LIVERMORE NA- Mr. LEVIN. I move to lay that mo- under paragraph (1) for a fiscal year, the Di- tion on the table. rector may use not more than 10 percent for TIONAL LABORATORY, LIVERMORE, CALIFORNIA. the administrative costs of carrying out this The motion to lay on the table was (a) NEW BASELINE.—(1) Not more than 50 section.’’. agreed to. percent of the funds available for the na- Mr. WARNER. Mr. President, I sug- tional ignition facility (Project 96–D–111) AMENDMENT NO. 3754 gest the absence of a quorum. may be obligated or expended until the Sec- (Purpose: To increase the amount available retary of Energy submits to the Committees The PRESIDING OFFICER. The for close-in weapon system overhauls by on Armed Services of the Senate and House clerk will call the roll. $10,000,000) of Representatives a report setting forth a The legislative clerk proceeded to On page 58, between lines 7 and 8, insert new baseline plan for the completion of the call the roll. the following: national ignition facility. Mr. KERREY. Mr. President, I ask SEC. 313. CLOSE-IN WEAPON SYSTEM OVER- (2) The report shall include a detailed, unanimous consent that the order for HAULS. year-by-year breakdown of the funding re- the quorum call be rescinded. Of the total amount authorized to be ap- quired for completion of the facility, as well The PRESIDING OFFICER. Without propriated by section 301(2), $391,806,000 is as projected dates for the completion of pro- available for weapons maintenance. gram milestones, including the date on objection, it is so ordered. The total amount authorized to be appro- which the first laser beams are expected to f priated by section 301(5) for spectrum data become operational. base upgrades is reduced by $10 million. (b) COMPTROLLER GENERAL REVIEW OF NIF STRATEGIC NUCLEAR WEAPONS PROGRAM.—(1) The Comptroller General shall POLICY AMENDMENT NO. 3755 conduct a thorough review of the national Mr. KERREY. Mr. President, a few (Purpose: To make available, with an offset, ignition facility program. (2) Not later than March 31, 2001, the Comp- weeks ago the Senate convened a joint $150,000,000 for additional cleanup activi- meeting between Democrats and Re- ties at the Hanford Nuclear Reservation, troller General shall submit to the Commit- Richland, Washington) tees on Armed Services of the Senate and publicans to receive a classified nu- House of Representatives a report on the re- clear briefing from the Department of On page 556, line 24, strike ‘‘$5,501,824,000’’ view conducted under paragraph (1). The re- and insert ‘‘$5,651,824,000’’. Defense. The purpose of this bipartisan port shall include— On page 559, line 8, strike ‘‘$3,028,457,000’’ meeting was for the members of the (A) an analysis of— and insert ‘‘$3,178,457,000’’. Senate to get a better understanding of (i) the relationship of the national ignition On page 559, line 11, strike ‘‘$2,533,725,000’’ our strategic nuclear weapons policy. facility program to other key components of and insert ‘‘$2,683,725,000’’. Our briefers, which included Admiral On page 564, line 8, strike ‘‘$540,092,000’’ and the Stockpile Stewardship Program; and (ii) the potential impact of delays in the Richard Mies, Commander of insert ‘‘$390,092,000’’. STRATCOM, had been invited to the On page 564, line 13, strike ‘‘$450,000,000’’ national ignition facility program, and of a and insert ‘‘$300,000,000’’. failure to complete key program objectives Senate to explain the details of the On page 603, between lines 18 and 19, insert of the program, on the other key components Single Integrated Operational Plan—or the following: of the Stockpile Stewardship Program, such SIOP. The SIOP is the highly-classified as the Advanced Strategic Computing Initia- SEC. 3156. TANK WASTE REMEDIATION SYSTEM, nuclear blueprint of targets and tar- tive Program; HANFORD RESERVATION, RICH- geting assignments for our strategic (B) a detailed description and analysis of LAND, WASHINGTON. nuclear weapons arsenal, and is the (a) FUNDS AVAILABLE.—Of the amount au- the funds spent as of the date of the report on the national ignition facility program; driving force behind our strategic nu- thorized to be appropriated by section 3102, clear force levels. While the SIOP is a $150,000,000 shall be available to carry out an and accelerated cleanup and waste management (C) an assessment whether Lawrence Liver- military document, it is based on guid- program at the Department of Energy Han- more National Laboratory has established a ance given to the Department of De- ford Site in Richland, Washington. new baseline plan for the national ignition fense by the President. (b) REPORT.—Not later than December 15, facility program with clear goals and achiev- As elected representatives of the peo- 2000, the Secretary of Energy shall submit to able milestones for that program. ple, and with a Constitutional role in Congress a report on the Tank Waste Reme- determining national security policy, AMENDMENT NO. 3755 diation System Project at the Hanford Site. Congress should have an understanding At the appropriate place, insert the The report shall include the following: of the principles underpinning our nu- (1) A proposed plan for processing and sta- following: clear policy. Both the guidance pro- bilizing all nuclear waste located in the Han- SEC. . BREAST CANCER STAMP EXTENSION. ford Tank Farm. Section 414(g) of title 39, United States vided by the President and the details (2) A proposed schedule for carrying out Code, is amended by striking ‘‘2-year’’ and of the SIOP are necessary for us to the plan. inserting ‘‘4-year’’. make informed national security deci- (3) The total estimated cost of carrying out sions. the plan. AMENDMENT NO. 3657 With this in mind, we gathered in an (4) A description of any alternative options (Purpose: Relating to the greenbelt at Fallon interior room in the Capitol to get a to the proposed plan and a description of the Naval Air Station, Nevada) full briefing on the SIOP. But when we costs and benefits of each such option. On page 546, after line 13, add the asked the DoD briefers precise ques- following: AMENDMENT NO. 3756 tions about the SIOP, we did not get SEC. 2882. ACTIVITIES RELATING TO THE GREEN- (Purpose: To increase funds for the national the information we were seeking. The BELT AT FALLON NAVAL AIR STA- briefers were unable, or unwilling, to ignition facility (NIF) at Lawrence Liver- TION, NEVADA. more National Laboratory, Livermore, (a) IN GENERAL.—The Secretary of the give us the kind of specific information California) Navy shall, in consultation with the Sec- about our nuclear forces and plans we On page 547, line 16, strike ‘‘$6,214,835,000’’ retary of the Army acting through the Chief need to make the decisions required as and insert ‘‘$6,289,835,000’’. of Engineers, carry out appropriate activi- elected representatives of the people.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6292 CONGRESSIONAL RECORD — SENATE June 30, 2000 In fact, when asked for detailed tar- couraging nations like India, Pakistan, trict of Illinois, vice George M. Marovich, re- geting information we were given three Iran, and North Korea to pursue a nu- tired. different answers. First, we were told clear weapons option. And finally, by Joan Humphrey Lefkow, of Illinois, to be that they did not bring that kind of in- United States District Judge for the North- keeping such a large arsenal we are di- ern District of Illinois, vice Ann C. Williams, formation. Then, we were told there verting budgetary resources away from elevated. were people in the room who were not our conventional forces—the forces George Z. Singal, of Maine, to be United cleared to receive that kind of informa- that are vital to protecting our inter- States District Judge for the District of tion. Finally, we were told that kind of ests around the globe. Maine, vice Morton A. Brody, deceased. information is only provided to the In the near future, I will return to f Senate leadership and members of the the Senate floor to discuss this issue CONFIRMATION OF GEORGE Armed Services Committee. Because further. I will return with non-classi- SINGAL members of the leadership and the Sen- fied information—information that ate Armed Services Committee indi- comes not from briefings in secret Ms. SNOWE. Mr. President, I am cated they had never received such in- rooms, but information all citizens can pleased that the Senate has confirmed formation, I can only surmise there access through a simple search on George Singal, the President’s nominee must be a fourth answer. Yahoo—in an attempt to better under- for a seat on the U.S. District Court for We find ourselves in an uncomfort- stand our nuclear policy and the the District of Maine, and rise to ex- able and counter-productive Catch-22. changing definition of deterrence in press my strong unequivocal support Until we as civilians provide better the post-Cold War world. for his nomination. guidance to our military leaders, we I yield the floor, and I suggest the ab- In advance, I would like to thank the are unlikely to affect the kind of sence of a quorum. Chairman of the Judiciary Committee, changes needed to update our nuclear The PRESIDING OFFICER. The Senator HATCH, for proceeding so expe- policies to reflect the realities of the clerk will call the roll. ditiously on Mr. Singal’s nomination— post-cold-war world. Yet, providing im- The legislative clerk proceeded to especially when considering his nomi- proved guidance is difficult when we call the roll. nation was transmitted to the Senate are unable to learn the basic compo- Mr. LOTT. Mr. President, I ask unan- just six weeks ago. In addition, I would nents of the SIOP. Given this, I fol- imous consent that the order for the like to thank the Majority Leader for lowed up our meeting with a letter to quorum call be rescinded. bringing his nomination to the floor so Senate Minority Leader Tom DASCHLE The PRESIDING OFFICER (Mr. GOR- rapidly—just three days after being re- requesting that he schedule another TON). Without objection, it is so or- ported by the Judiciary Committee. briefing so that we could get the infor- dered. George Singal immigrated along with mation our first briefers would not pro- Mr. LOTT. Mr. President, I do have his family to the United States at a vide. some Executive Calendar matters and very young age, and has become a liv- While I still believe this briefing is other unanimous consent agreements ing embodiment of the American needed, we need not wait for a briefing that have already been worked out. I dream. He possesses a superior legal on the details of the SIOP to answer will proceed to those. However, I do mind, has distinguished himself within the question of how many nuclear note I want to offer a unanimous con- the legal profession, and is deeply com- weapons are needed to deter potential sent request with regard to the estate mitted to upholding the very highest aggressors. In truth, it is important for tax matter. I want the Democratic standards of our nation’s judicial sys- citizens, armed only with common leader to be here when I make that re- tem. sense and open-source information, to quest. I am hoping within the next few Moreover, Mr. Singal has a wide reach sound conclusions about our nu- minutes we will also be able to con- range of experience serving as both a clear posture and force levels. clude an agreement with regard to the prosecutor and as a defense attorney— To illustrate, we should ask experts Department of Defense authorization a deep understanding and appreciation to describe the deterrent capability of bill. Discussions are still underway, for the constitutionally mandated roles a single Trident submarine—our most but I thought I would take advantage of the three branches of government— survivable and reliable delivery plat- of this time. and the enormous respect of his col- form. Within an hour of receiving an leagues, a number of whom have con- order to launch, a Trident could deliver f tacted me in support of his nomina- and detonate 192 nuclear weapons on EXECUTIVE SESSION tion. Finally, and just as telling, he en- their targets. The minimum size of the joys bipartisan support across the detonations would 100 kilotons; the State of Maine. maximum would be 300 kilotons. By EXECUTIVE CALENDAR Consider what George’s background comparison, the Hiroshima detonation Mr. LOTT. Mr. President, I ask unan- says about his character and qualifica- that caused Japan to sue for uncondi- imous consent that the Senate proceed tions. Born in a refugee camp in Italy tional peace in August 1945 was only 15 to executive session to consider the fol- after his family fled before the German kilotons. In the open, we should assess lowing nominations on the Executive invasion of his native Poland, he ar- what damage 192 of these weapons Calendar: Calendar Nos. 567 through rived in Bangor along with his sister would cause and determine whether 570. I further ask unanimous consent and widowed mother in 1949. this would deter most, if not all of the that the nominations be confirmed en After graduating summa cum laude threats we face. bloc, the motions to reconsider be laid from my alma mater, the University of Mr. President, I have made no secret upon the table, any statements relat- Maine in 1967, and becoming only the of my strongly-held belief that we can ing to the nominations be printed in second recipient of the highly re- and we should make dramatic reduc- the RECORD, the President be imme- spected Root-Tilden Scholarship in the tions in our strategic nuclear arsenals. diately notified of the Senate’s action, history of the university, George brief- I believe that by keeping such a large and the Senate then return to legisla- ly left our state to receive his law de- arsenal of strategic nuclear weapons tive session. gree from Harvard University three we are decreasing rather than enhanc- The PRESIDING OFFICER. Without years later. ing our security. By keeping such a objection, it is so ordered. Indeed, not one to forget his roots, large arsenal we are forcing the Rus- The nominations considered and con- George immediately returned to Maine sians to keep more weapons than they firmed en bloc are as follows: to begin his legal career in Bangor, can safely control. By keeping such a serving as the Assistant County Attor- THE JUDICIARY large arsenal we are increasing the ney for Penobscot County from 1971 to chance of accidental or unauthorized Paul C. Huck, of Florida, to be United 1973, even as he worked his way to a States District Judge for the Southern Dis- launch. By keeping such a large arse- trict of Florida, vice Kenneth L. Ryskamp, partnership in the respected law firm nal we are increasing the likelihood of retired. of Gross, Minsky, Mogul, & Singal—the the proliferation of these weapons. By John W. Darrah, of Illinois, to be United firm in which he has remained to this keeping such a large arsenal we are en- States District Judge for the Northern Dis- day.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6293 Having served on a wide variety of LEGISLATIVE SESSION Whereas a recent Roper survey done for professional committees—including the the American Council of Trustees and Alum- The PRESIDING OFFICER. Under ni reveals that the next generation of Amer- advisory committee for the District of the previous order, the Senate will now Maine that was assembled pursuant to ican leaders and citizens is in danger of los- return to legislative session. ing America’s civic memory; the Civil Justice Reform Act—George’s f Whereas the Roper survey found that 81 impeccable credentials and reputation percent of seniors at elite colleges and uni- for impartiality led to his appointment MEASURE INDEFINITELY versities could not answer basic high school in 1993 to the Governor’s Judicial Se- POSTPONED—S. 2553 level questions concerning United States his- lection Committee by my husband, Mr. LOTT. Mr. President, I ask unan- tory, that scarcely more than half knew gen- Governor McKernan. eral information about American democracy imous consent that S. 2553 be indefi- and the Constitution, and that only 22 per- That appointment, and the fact that nitely postponed. cent could identify the source of the most fa- he now chairs this prestigious com- The PRESIDING OFFICER. Without mous line of the Gettysburg Address; mittee that assists in the appointment objection, it is so ordered. Whereas many of the Nation’s colleges and of judges across the state under Inde- f universities no longer require United States pendent Governor Angus King, is why history as a prerequisite to graduation, in- it’s a special pleasure for me to speak ORDER FOR COMMITTEES TO FILE cluding 100 percent of the top institutions of on his behalf today. LEGISLATIVE MATTERS higher education; Whereas 78 percent of the Nation’s top col- Of note, the enthusiastic support Mr. LOTT. Mr. President, I ask unan- leges and universities no longer require the George has received from both sides of imous consent that notwithstanding study of any form of history; the aisle in Maine speaks volumes the adjournment of the Senate, com- Whereas America’s colleges and univer- about Mr. Singal’s talents and work mittees have from 11 a.m. until 1 p.m. sities are leading bellwethers of national pri- ethic, as well as the universal respect on Wednesday, July 5, in order to file orities and values, setting standards for the legislative matters. whole of the United States’ education sys- he has earned over his years of work in tem and sending signals to students, teach- the Maine judicial system. The PRESIDING OFFICER. Without objection, it is so ordered. ers, parents, and public schools about what Throughout his career, Mr. Singal every educated citizen in a democracy must displayed remarkable legal acumen, f know; thanks in large part to his thorough, EXPRESSING SENSE OF CONGRESS Whereas many of America’s most distin- reflective and balanced approach to his guished historians and intellectuals have ex- REGARDING VALUE OF EDU- pressed alarm about the growing historical work. This approach has justifiably CATION IN U.S. HISTORY illiteracy of college and university graduates earned him accolades throughout his Mr. LOTT. Mr. President, I ask unan- and the consequences for the Nation; and career, including his selection to the imous consent that the Senate proceed Whereas the distinguished historians and American College of Trial Lawyers—an to the immediate consideration of S. intellectuals fear that without a common civic memory and a common understanding award given to less than one percent of Con. Res. 129, submitted earlier today trial lawyers nationwide—and his nam- of the remarkable individuals, events, and by Senators LIEBERMAN, SMITH of Or- ing to the Best Lawyers in America, a ideals that have shaped the Nation, people in egon, CLELAND, and others. the United States risk losing much of what designation that is made by his col- The PRESIDING OFFICER. The it means to be an American, as well as the leagues in the legal profession. clerk will report the concurrent resolu- ability to fulfill the fundamental responsibil- Mr. Singal possesses precisely the tion by title. ities of citizens in a democracy: Now, there- kind of judicial temperament and expe- The assistant legislative clerk read fore, be it Resolved by the Senate (the House of Rep- rience I think we should expect from as follows: all our judicial nominees. I am certain resentatives concurring), That it is the sense A concurrent resolution (S. Con. Res. 129) of Congress that— this is due, in no small part, to his expressing the sense of Congress regarding (1) the historical illiteracy of America’s family’s background and the persever- the importance and value of education in college and university graduates is a serious ance and work ethic they instilled in United States history. problem that should be addressed by the Na- him as an immigrant brought to the There being no objection, the Senate tion’s higher education community; United States by the ravages of World proceeded to consider the concurrent (2) boards of trustees and administrators at War II. resolution. institutions of higher education in the Further, his work during the late- United States should review their curricula Mr. LOTT. Mr. President, I ask unan- and add requirements in United States his- 1960s in the office of then-Congressman imous consent that the concurrent res- tory; Bill Hathaway undoubtedly impressed olution and the preamble be agreed to, (3) State officials responsible for higher upon him the need for balance between en bloc, the motion to reconsider be education should review public college and the three branches of government. In laid upon the table, and any state- university curricula in their States and pro- fact, it is his broad range of experi- ments relating to the bill be printed in mote requirements in United States history; ences that has undoubtedly instilled in the RECORD. (4) parents should encourage their children Mr. Singal a proper perspective on the The PRESIDING OFFICER. Without to select institutions of higher education appropriate role and appropriate con- with substantial history requirements and objection, it is so ordered. students should take courses in United stitutional limitations of each branch The concurrent resolution (S. Con. States history whether required or not; and of our government. Res. 129) was agreed to. (5) history teachers and educators at all Clearly, George Singal has not only The preamble was agreed to. levels should redouble their efforts to bolster the professional qualifications to serve The concurrent resolution, with its the knowledge of United States history us well on the federal circuit, but also preamble, reads as follows: among students of all ages and to restore the vitality of America’s civic memory. the personal credentials to match. S. CON. RES. 129 Mr. BYRD. Mr. President, will the My work with George over the past Whereas basic knowledge of United States distinguished majority leader yield? few weeks has only confirmed what I history is essential to full and informed par- Mr. LOTT. I will be happy to yield. had already heard—this is a man of the ticipation in civic life and to the larger vi- Mr. BYRD. Mr. President, parliamen- highest integrity and personal char- brancy of the American experiment in self- government; tary inquiry. Is my name on the mat- acter. Whereas basic knowledge of the past serves ter that was just acted on? In conclusion, I am most proud to be as a civic glue, binding together a diverse The PRESIDING OFFICER. It is. able to express my support for Mr. people into a single Nation with a common Mr. BYRD. I thank the Chair. purpose; George Singal. He has the qualifica- f tions, the intellect, the experience, the Whereas citizens who lack knowledge of perspective, and the integrity to be an United States history will also lack an un- ELECTRIC RELIABILITY 2000 ACT derstanding and appreciation of the demo- outstanding judge. Accordingly, I am cratic principles that define and sustain the Mr. LOTT. Mr. President, I ask unan- pleased that my colleagues support his Nation as a free people, such as liberty, jus- imous consent that the Senate proceed confirmation to the U.S. District Court tice, tolerance, government by the consent to the consideration of Calendar No. for the District of Maine. of the governed, and equality under the law; 642, S. 2071.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6294 CONGRESSIONAL RECORD — SENATE June 30, 2000 The PRESIDING OFFICER. The continued extreme heat predicted for Sixty five years ago PUHCA was clerk will report the bill by title. this summer, the problem will con- needed to protect consumers, but other The legislative clerk read as follows: tinue. Blackouts hit the San Francisco laws and Federal agencies now fully A bill (S. 2071) to benefit electricity con- area and Detroit in the past month, protect consumers. sumers by promoting the reliability of the and even the Northwest is facing short- Thus, repeal of PUHCA would benefit bulk-power system. ages this summer. consumers by enhancing competition There being no objection, the Senate As I said in February when I intro- without any loss of any needed con- proceeded to consider the bill which duced this bill, reliability is more than sumer protections. had been reported from the Committee creating legally-enforceable rules on Legislation to repeal PUHCA is on on Energy and Natural Resources with the electricity transmission grid. It the Senate Calendar, S. 313, Calendar an amendment, as follows: also includes cost-effective conserva- No. 23, and I would urge that the Sen- (The amendment will be printed in a tion and demand-side management. Re- ate move to its consideration. future edition of the RECORD.) liability will be enhanced with open-ac- Turning now to PURPA, it also Mr. GORTON. Mr. President, today I cess transmission policies and with harms consumers, and thus deserves to urge the Senate to unanimously adopt more generation distributed through- be repealed. S. 2071, my bill also known as ‘‘the out the grid, whether it is small fuel PURPA makes electric utilities pur- Electric Reliability 2000 Act.’’ The bill cells or larger plants with clean tech- chase power whether or not they need consists of a striking amendment nology. Sending the right signals to it, and to pay so-called ‘‘full avoided adopted in the Energy Committee and the investment community will be cost’’ for that power whether or not sponsored by Senators MURKOWSKI, aided by passage of a truly comprehen- that price is above true market price. BINGAMAN, and myself. It includes the sive bill next year that allows all re- And these costs are just passed on to original legislation and compromise gions of the country—including the consumers through higher electricity language that addresses the concerns Northwest—the ability to benefit from prices. It is estimated that as a result of of the States on this issue. a truly open and competitive market- PURPA consumers are today paying $8 We should be pro-active in addressing place. All of these factors, along with billion per year extra for their elec- electricity reliability, and S. 2071 is the S. 2071, contribute to electricity reli- correct approach at this time. The lan- tricity. ability. I would have liked to bring to the guage has been endorsed by all of the The Electric Reliability 2000 Act is major groups associated with the elec- floor comprehensive legislation, such not a total solution to the electricity as the bill which I introduced, S. 2098, tricity industry, including investor- reliability problem in this nation, but owned utilities, public power, rural co- but I could not reach agreement with it is a solid start. Enacting this legisla- my Democratic colleagues on the Com- operatives, states groups, reliability tion will have immediate benefits for groups, power producers, and consumer mittee. American consumers and the economy As a result, we were able to report organizations. Not only does this bill of the United States. provide a long-term solution to elec- only this more limited measure to cre- Mr. MURKOWSKI. Mr. President, I ate rules of the road for our interstate tricity reliability by creating a na- rise in support of S. 2071. tional reliability organization—mod- electricity transmission grid. S. 2071 will promote the reliability of I will now discuss the background eled loosely on the Securities and Ex- our electric power grid. and need for this legislation. change Commission—it will give the I strongly support the enactment of The Nation’s interstate electric Federal Energy Regulatory Commis- this legislation, but there should be no transmission grid is an extremely com- sion immediate authority to prevent misunderstanding that it does only plex network that is also inter- blackouts this summer. part of the job of protecting con- connected with the transmission grids Enacting S. 2071 is critical for all sumers. of Canada and Mexico. electricity consumers in the United It establishes enforceable rules for It has developed over decades with States. This Nation’s interstate elec- the use of the interstate transmission various voluntary agreements between tric transmission system is an ex- grid, but it does not stimulate the con- utilities and others that allow areas to tremely complex network that construction of new generation and trans- work together to respond to changing nects with Canada and Mexico. It de- mission. power needs that vary from day-to-day, veloped over decades with various vol- New transmission and generation are hour-to-hour and even minute-to- untary agreements that allow areas to essential if we are going to avoid elec- minute. work together depending on changing tricity shortages this summer and in Many of these voluntary agreements power needs that vary from minute to the future. were developed after a disastrous event minute. Yet a fundamental change has While it is too late to avoid the prob- in 1965 that led to a major blackout in made this voluntary system unwork- lems this summer, if we start now it is New York City and throughout other able. The system of buying and selling not too late for the future. parts of the Northeast. wholesale power is now many times The best way to ensure that con- While this voluntary system has more complex than it was just a decade sumers have a reliable and reasonably- worked well for the past 35 years, fun- ago. With a stronger economy, elec- priced supply of electricity is through damental changes in the electric power tricity usage and its importance to the comprehensive legislation—which ad- industry are making this voluntary economy has increased. Due to the un- dresses other impediments to competi- system less workable for the future. certain nature of evolving retail and tion. With the expansion of competition in wholesale electricity markets, many Along with provisions to stimulate the wholesale electric power market— utilities have cut investment that tra- construction of new generation and starting with the 1992 Energy Policy ditionally enhanced the reliability of transmission, it is essential that we re- Act—the system of buying and selling the nation’s grid. peal both the Public Utility Holding wholesale power is now many times The fact is that the voluntary agree- Company Act, PUHCA, and the Public more complex than it was less than a ments just do not work any longer be- Utility Regulatory Policies Act, decade ago. cause there is no enforcement. With PURPA. With a stronger economy, electricity the beginning of competition, we need Both PUHCA and PURPA have long usage has increased while thousands of a referee on the bulk-power system. A out-lived their usefulness, and they are new electricity marketers and buyers multitude of studies and incidents over now hurting both consumers and com- have created new stresses on the sys- the past several years show that the petition. tem. Nation’s reliability is at its lowest PUHCA prevents electric utilities Moreover, the emergence of competi- point in decades. Certain entities can and others from fully competing in the tion in the wholesale power market has ‘‘game’’ the transmission system—with electric power market, and that hurts changed the ability and willingness of potential of causing brownouts and competition. market participants to act voluntarily, blackouts within a region—and suffer PUHCA is an archaic 65-year-old law particularly when it is not in their eco- no consequences for such actions. With that has long outlived its usefulness. nomic interest to do so.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00110 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6295 As a result, the existing scheme of liability Organization. In essence, the ification of this issue. It is my under- voluntary compliance with voluntary requirements are that the Organization standing that nothing in this legisla- industry reliability rules is simply no be independent and fair. tion in any way waives or modifies any longer adequate. The Electric Reliability Organization environmental requirements, or ex- There has been a marked increase in would establish, monitor and enforce empts any facilities covered by the bill the number and seriousness of viola- compliance with reliability standards from any otherwise applicable federal tions of voluntary reliability rules. for the interstate bulk power system. or State environmental law or regula- Under a voluntary system, there is The legislation does not give the tions, including the requirements of no penalty for violating a reliability Electric Reliability Organization or the Clean Air Act, the Clean Water standard. any affiliated regional reliability enti- Act, the Resource Conservation and The users and operators of the sys- ty any authority to build or to pay for Recovery Act, the Endangered Species tem, who used to cooperate voluntarily the building of any transmission or Act, or any other environmental law. on reliability matters, are now com- other facility necessary for a bulk Mr. BAUCUS. Mr. President, I share petitors without the same incentives to power user to comply with a reliability the concerns that have been raised cooperate with each other or comply requirement. about the potential scope of authority with voluntary reliability rules. The reliability standards established of the electric reliability organizations For example, last summer during an by the Electric Reliability Organiza- and would also seek clarification on extremely hot period one Midwest util- tion would be mandatory on all owners, this point. It is my understanding that ity took without any penalty electric users and operators of the interstate in addition to not diminishing or af- power from the grid that it was not en- bulk power system. fecting any environmental obligations, titled to. The cost of complying with a reli- this legislation does not authorize the It did so without even informing ability requirement is the responsi- electric reliability organizations to di- other utilities on the grid what it was bility of bulk power users, not the rect or authorize any covered facility doing. Electric Reliability Organization or to violate or disregard the require- This action came close to jeopard- any affiliated regional reliability enti- ments of any Federal or State environ- izing power reliability in several ty. mental law or regulation. States. The reliability standards only con- Mr. MURKOWSKI. Mr. President, the This legislation will prevent that cern the operational security of the chairman and ranking member of the kind of inappropriate activity in the bulk power system. They do not deal Committee on Environment and Public future. with generation adequacy, reserve mar- In order to maintain grid reliability, Works are both correct that the legis- gins; distribution system reliability; rules must be made mandatory and en- lation will not affect or modify any re- safety; transmission siting; or retail forceable, and fairly applied to all par- quirements of our important environ- customer choice plans. mental laws or authorize the electric ticipants in the electricity market. Activities conducted in compliance To address this need, more than a reliability organizations to waive or with the statutory requirements re- year ago a group of electricity industry modify those requirements. ceive a rebuttable presumption of com- officials began meeting to develop leg- Mr. BINGAMAN. Mr. President, I pliance with the Federal antitrust islative language. concur with the clarification by the As a result of this effort, the North laws. chairman. Until the new Electric Reliability Or- American Electric Reliability Council Mr. SMITH of New Hampshire. I ganization is up and running, the exist- and a broad coalition of industry orga- thank the chairman for this important ing North American Electric Reli- nizations have jointly proposed the clarification. ability Council and its individual re- language which is embodied in S. 2071. Mr. BAUCUS. I also thank the chair- The legislation is supported by vir- gional reliability councils may file man for his clarification. tually all aspects of the electric power with FERC those existing reliability Mr. LOTT. Mr. President, I ask unan- industry, including: the American Pub- standards they propose to be manda- imous consent that the committee lic Power Association, the Edison Elec- tory in the interim. amendment in the nature of a sub- tric Institute, the Electric Power Sup- The Electric Reliability Organization stitute be agreed to. ply Association, the Electricity Con- may delegate authority to implement The committee amendment in the sumers Resource Council, the National and enforce regional standards to an nature of a substitute was agreed to. Rural Electric Cooperative Associa- Affiliated Regional Reliability Entity, Mr. LOTT. Mr. President, I ask unan- tion, and the Canadian Electricity As- which can enforce reliability standards imous consent that the bill be read a sociation. and take disciplinary action against third time and passed, as amended, the The proposal follows the model of the system operators and users. motion to reconsider be laid upon the Securities and Exchange Commission As I said before, the real way to pre- table, and any statements relating to in its oversight of the securities indus- vent brownouts and blackouts is the bill be printed in the RECORD. try’s self-regulatory organizations—the through comprehensive legislation that The PRESIDING OFFICER. Without stock exchanges and the National As- stimulates the construction of new objection, it is so ordered. sociation of Securities Dealers. generation and transmission. The bill (S. 2071), as amended, was Let me now describe the key ele- This legislation will help, but much, read the third time and passed. ments of S. 2071. much more needs to be done. f I urge my colleagues to support this S. 2071 helps protect grid reliability DEATH TAX ELIMINATION ACT by creating an industry-run, FERC legislation and to pass it without overseen, organization that sets en- amendment. Mr. LOTT. Mr. President, I ask unan- forceable rules for the use of the inter- Mr. SMITH of New Hampshire. Mr. imous consent that the Senate now state transmission grid. President, I commend the chairman of turn to the estate tax repeal bill. It also has provisions to ensure that the Committee on Energy and Natural The PRESIDING OFFICER. Is there States have an appropriate role in pro- Resources on this important piece of objection? moting reliability. legislation. I believe that this legisla- Mr. REID. Reserving the right to ob- S. 2071 authorizes the establishment tion, and the electric reliability orga- ject. In fact, I should object. I object. of a self-regulating Electric Reliability nizations created by this legislation, The PRESIDING OFFICER. Objec- Organization. will significantly improve the reli- tion is heard. Both the establishment of the Elec- ability of our transmission system. I Mr. REID. Mr. President, I ask unan- tric Reliability Organization and the understand that a question has been imous consent that when the Senate reliability rules it establishes are sub- raised, however, about the potential considers the estate tax bill, it be con- ject to approval and oversight by the scope of authority of these electric re- sidered under the following limitation: FERC. liability organizations and specifically That the bill be limited to relevant The legislation spells out specific cri- their authority to waive environmental amendments, with the following ex- teria required for the new Electric Re- requirements. I would like to seek clar- emptions of the minority: estate taxes

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00111 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6296 CONGRESSIONAL RECORD — SENATE June 30, 2000 and tuition tax deductibility; second, that for the death tax. If we could just Mr. BAUCUS. I thank the majority estate taxes and Medicare prescription agree to a substitute and germane leader very much. I assure him, as a drug benefit; third, estate taxes and amendments—this is a bill that passed member of the Finance Committee, we long-term care tax credit; next, estate the House overwhelmingly. Sixty-five definitely plan to take up some form of taxes and Medicare off budget; next, es- Democrats voted for it. Members in the estate tax reform. I don’t know what tate taxes and retirement savings tax House, regardless of region or race or version it would be, but clearly that incentives; and, finally, estate taxes sex, voted for it. Why does the Senate has to pass this year. and kid savings accounts; that all first- need to get into all these other non- In addition, however, I do believe degree amendments be subject to rel- related matters? there is one other matter that is even evant second-degree amendments, and But I understand there are Senators more important than estate tax re- that there be a time limitation of 1 on the Democratic side who wish to form, and that is PNTR for China. It hour for debate, equally divided in the have a debate and votes on these other far transcends appropriations bills, usual form, on all amendments. matters. I believe they will probably marriage penalty relief, bankruptcy re- I also say, just taking another brief have an opportunity to come up on form. Getting PNTR passed in July, I minute, that at least one of our Mem- other bills before the session is out. think, is of such urgency and is so im- bers believes it would be appropriate But that is why I object at this time. portant that I am constrained to object that we should not be able to bring this The PRESIDING OFFICER. Objec- to any unanimous consent request that estate tax legislation forward until we tion is heard. sets the schedule for July unless it also dispose of the China PNTR legislation. Mr. REID. Will the Senator yield? includes a time when we are going to The PRESIDING OFFICER. Is there Mr. LOTT. Under my reservation, I take up PNTR. I know the leader objection? yield to Senator REID. knows that is my view. I just hope that Mr. REID. I say to my friend, I think Mr. LOTT. Mr. President, reserving in working with the leader, we can what we have done these last 4 days the right to object, Senator DASCHLE work out some accommodation to shows we can move through things and I have been discussing this matter reach that objective. very quickly. There were over 150 in the hope that we could work out an f agreement as to how we could proceed. amendments after we worked on the We had discussed the possibility of cer- bill a couple days. So we probably re- MOTION TO PROCEED—H.R. 8 solved over 200 amendments in the tainly a substitute being in order on CLOTURE MOTION the estate tax legislation. I believe the Labor-HHS bill. Mr. LOTT. Mr. President, in light of But I also say, in the short time I Senator from New York, Mr. MOY- the objections—and I do object—I now have been in the Senate, we have had NIHAN, had a substitute, or others, per- move to proceed to H.R. 8 and send a some tax bills with hundreds of amend- haps, joining with him would have a cloture motion to the desk. ments and we have been able to work substitute, and other related or ger- The PRESIDING OFFICER. The clo- our way through those in some way. mane amendments to that issue. We As with the leader, we on this side of ture motion having been presented even offered the possibility of having the aisle think there should be some under rule XXII, the Chair directs the two nongermane amendments on each change in the estate taxes. We want to clerk to read the motion. side. do that. We are getting the same calls The legislative clerk read as follows: Our problem gets to be when you go you are. CLOTURE MOTION to five or six—I don’t know how many But I say to my friend, we would be We the undersigned Senators, in accord- were included in that list. willing to take time agreements on ance with the provisions of rule XXII of the Mr. REID. Six. these amendments. I am certain we Standing Rules of the Senate, do hereby move to bring to a close debate on the mo- Mr. LOTT. Plus, if you have a sub- could finish the amendments in one stitute and then you have, let’s just tion to proceed to Calendar No. 608, H.R. 8, a good, long day. We would take time bill to amend the Internal Revenue Code of say, one or two related germane agreements on these amendments. amendments, then you have five 1986 to phase out the estate and gift taxes On tax bills that have traditionally over a 10-year period: amendments on each side—that is 10 been brought up in the Senate, we have Trent Lott, Bill Roth, Charles Grassley, amendments—and even if we got a time not had any restrictions on them. We Larry E. Craig, Chuck Hagel, Jeff Ses- agreement, you are talking about 12, or will agree to have some restrictions, sions, Pete Domenici, Strom Thur- more, or 14 hours, which would be a but we think this would be appropriate. mond, Jon Kyl, Thad Cochran, Jim minimum of 2 days. We will be happy to have our staffs Bunning, Craig Thomas, Kay Bailey The problem we have in July is that work on this during the break, and as Hutchison, Susan M. Collins, Don Nick- les, and Wayne Allard. we now have completed six appropria- soon as we get back, the two leaders tions bills, meaning there are still can again talk about this. We do want Mr. LOTT. Mr. President, this clo- seven we have to get done. to bring up the estate taxes. ture vote will occur on Tuesday, July I hope that, at a minimum, we get Mr. BAUCUS addressed the Chair. 11. I will notify all Members as to the five or six more done in July because Mr. LOTT. Mr. President, if I may re- time of the vote. In the meantime, I they are very important bills that need spond to that, just briefly. ask unanimous consent that the man- to get completed so they can get in After the good work that has been datory quorum under rule XXII be conference with the House, so they can done, in a bipartisan way, this past waived. be sent to the President, so hopefully week, and after having participated in The PRESIDING OFFICER. Is there he can sign them. the effort that was just made to com- objection? We are talking about Agriculture; In- plete action on the military construc- Mr. REID. Mr. President, reserving terior; Housing and Urban Develop- tion appropriations conference report, the right to object, I would say there is ment; Treasury-Postal Service; Com- it has restored my faith that anything a strong possibility we may not need a merce-State-Justice—these are big, im- is possible in the Senate. I hope we can vote on this motion to proceed. portant appropriations bills. We have continue to work to find a way to re- Mr. LOTT. If I may respond, I hope all those we have to do in July—a 3- solve this and get it considered other we can work through that. I thought week period—plus we have to do the than through the cloture process. I am maybe that would be the case. I want marriage penalty tax elimination. going to hold out hope until the very to say, again, I am still hoping we can I think there is an overwhelming de- last minute that we can get that done. come to an agreement to have some sire to get that done, on both sides of So we will continue to work. Our limited number of amendments that the aisle, although we still disagree on staffs have been exchanging proposals, would be offered. Then we would be how to get it done. But the Finance and we will continue to do that right able to vitiate this whole thing. Committee has reported that out in a up until the time we need to begin vot- In view of the time in July, I felt I reconciliation bill. And there is a de- ing, which would be, I guess, Tuesday needed to go ahead and get the process sire to do the China PNTR. or Wednesday of the week we return. moving. And we still would have that I know we don’t have the time to set Under my reservation, I yield to the option right up until Tuesday when we aside 2 whole days in the midst of all Senator from Montana. come back.

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00112 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6297 Mr. REID. Under my reservation, Mr. encouraged to contact the bill man- amendments, provided further that the President, I also say we have worked agers during the recess in preparation first-degree amendments must be filed very closely with Senator BAUCUS and for consideration of the bill. Senators at the desk by close of business Friday, Senator MOYNIHAN in trying to come should be aware that the next rollcall June 30, 2000. up with an alternative, and some other vote will occur on Monday, July 10, at I further ask unanimous consent that matters that we believe should be approximately 5:30 p.m. it be in order for the two managers to brought up with this piece of legisla- f send to the desk any packages of tion. amendments that are relevant and For example, in 1992, under a tax bill ORDER FOR ADJOURNMENT from the finite list of amendments in that came before the Senate, we, on Mr. LOTT. If there is no further busi- order to the bill and that these amend- the 25th, started considering that. We ness to come before the Senate, I ask ments be cleared by both managers of had 105 amendments, and a day and a unanimous consent the Senate stand in the legislation. half later it was all done. That legisla- adjournment under the provisions of S. The PRESIDING OFFICER. Is there tion was totally passed. We had a num- Con. Res. 125, following the remarks of objection? ber of amendments that were even of- Senators BYRD, WARNER, and LEVIN. Mr. LEVIN. Mr. President, we do not fered by our majority leader on that The PRESIDING OFFICER. Without object. Quite the contrary; we thank important legislation. There was a objection, it is so ordered. the distinguished chairman of our com- wide range of amendments offered deal- Mr. LOTT. I yield the floor. mittee and the leaders, both majority ing with dental schools, tractors, and The PRESIDING OFFICER. The Sen- and minority, for their good work, and all kinds of things. ator from Virginia. also Senator REID, who has worked so So we can work out a way through hard on this, and all the other Senators f this. I think the proposal by the minor- who have cooperated to make this ity that we take up six amendments, NATIONAL DEFENSE unanimous consent agreement possible. with time limits, is something the ma- AUTHORIZATION ACT I also thank Senator BYRD, who has jority leader should take another look Mr. WARNER. Before our distin- been waiting very patiently, so we at. guished leader departs the floor—mo- could dispose of this important meas- The PRESIDING OFFICER. Is there mentarily I will propound a unanimous ure. objection? consent request which takes us another Mr. WARNER. Mr. President, we Without objection, it is so ordered. step forward in the authorization bill thank Senator BYRD. He has been an Mr. LOTT. Mr. President, I now with- for the Armed Forces—I wish to thank integral part of these negotiations, to- draw the motion. the distinguished leader and, indeed, gether with Senator ROTH and others. I The PRESIDING OFFICER. The mo- the minority leader for their tireless am hopeful that matter can be resolved in the future. tion is withdrawn. assistance, and that of Senator REID, The PRESIDING OFFICER. Is there and of course, Senator LEVIN. They f objection to the unanimous consent re- have enabled us to move this another quest? Without objection, it is so or- ORDERS FOR MONDAY, JULY 10, important step forward. I thank them dered. 2000 on that. Mr. WARNER. Mr. President, I thank Mr. LOTT. Mr. President, I ask unan- f imous consent that when the Senate my distinguished colleague, Senator completes its business today, it stand VITIATION OF THE ADOPTION OF LEVIN, who has worked with me in adjournment until 1 p.m. on Mon- AMENDMENT NOS. 3231 AND 3418 throughout on this bill. For 22 years we have been together, and our respective day, July 10, under the provisions of S. Mr. WARNER. Mr. President, I ask Con. Res. 125. I further ask that on chiefs of staff. It has been entirely sep- unanimous consent that the adoption arate, but we have achieved another Monday, immediately following the of amendment Nos. 3231 and 3418 of the prayer, the Journal of proceedings be milestone. Now it appears to me that Defense authorization bill be vitiated. we will be able to come to the Senate approved to date, the morning hour be The PRESIDING OFFICER. Without deemed expired, the time for the two at a time convenient to our leadership objection, it is so ordered. and complete action on the annual De- leaders be reserved for their use later Mr. WARNER. To explain this, these in the day, and that then the Senate fense authorization bill. I believe this were two gold medals. Unintentionally, will be 42 consecutive times the Senate proceed to the consideration of H.R. the proponents of those amendments 4578. has passed this wide piece of legisla- did not recognize that the Banking tion for the men and women in the The PRESIDING OFFICER. Without Committee had an important role to objection, it is so ordered. Armed Forces and, indeed, the security play. Both proponents are now working of the Nation. I yield the floor. f with the chairman and ranking mem- Mr. LEVIN. Mr. President, I notice ber of the Banking Committee. In the ORDER FOR RECORD TO REMAIN our staffs are smiling as well because case of Senator CLELAND, he has over 68 OPEN this has been a big effort on their part. signatures on a gold medal for the dis- With all the years we have put in to- Mr. LOTT. Further, I ask unanimous tinguished former NATO Supreme Al- gether, we will not be able to catch up consent that the RECORD remain open lied Commander, General Clark, in- to Senator BYRD, but we are going to until 3:30 p.m. today for the submission cluding the signature of the Senators keep using him as our role model. of statements. from Virginia and from Michigan. That The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without request has been granted? ator from West Virginia. objection, it is so ordered. The PRESIDING OFFICER. It has. Mr. BYRD. I thank the chairman and f f ranking member of the Armed Services Committee for the excellent work they PROGRAM UNANIMOUS CONSENT have consistently given to this legisla- Mr. LOTT. For the information of all AGREEMENT—S. 2549 tion, the many times they have Senators, on Monday, July 10, the Sen- Mr. WARNER. Mr. President, I ask brought it to the floor of the Senate. ate will begin consideration of the In- unanimous consent that the only first- The distinguished Senator from Vir- terior appropriations bill. We will be degree amendments remaining in order ginia, Mr. WARNER, and I worked to- looking forward to having the Pre- to the Department of Defense author- gether on several amendments. I am al- siding Officer on the floor managing ization bill, S. 2549, be limited to ways happy to have his cooperation that important legislation. I am sure it amendments that are relevant to the and his cosponsorship. He is a man will move expeditiously. Opening state- provisions of the bill and on the finite whose heart is as stout as an Irish oak ments will be made and amendments list of amendments in order to the bill, and as pure as the Lakes of Killarney. will be offered during the day. Senators that these first-degree amendments be As to the distinguished ranking who intend to offer amendments are subject to relevant second-degree member, the Bible says: Seest thou a

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00113 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6298 CONGRESSIONAL RECORD — SENATE June 30, 2000 man diligent in his business? He shall of this holiday comes as the tempera- cent could not correctly select—the 50- stand before Kings. Senator LEVIN has tures cool and the skies darken, and year period in which the Civil War oc- already stood before Kings and will the fireflies’ display hints of the light curred—not the correct years, or even probably stand before more if there are show to come. I cannot wait to see my the correct decade, but the correct half any left. little great-granddaughter Caroline’s century! A scant 35 percent could cor- Mr. WARNER. We thank our distin- expression as she is presented with the rectly name the President in office at guished former majority leader and a mysteries of smoke worms, sparklers, the start of the Korean War. It was, for member of the Armed Services Com- and Roman candles. I hope that she the record, President Truman. mittee for his kind remarks. will not be so afraid of the explosive But, 99 percent of these college sen- Mr. BYRD. I thank both of my col- booms of the big fireworks that she iors correctly identified Beavis and leagues. cannot enjoy the fiery display, the cas- Butthead as television cartoon char- f cades of red, blue, green, and golden acters. That is a sorry commentary, in- sparks drifting down over our heads. THE FOURTH OF JULY deed. Years of experts advising parents It is alright for her to be afraid, of to limit and monitor their children’s Mr. BYRD. Mr. President, in a few course. After all, those fireworks, so time in front of the television, and to short days, our Nation will celebrate festive now, recall the great battles encourage their children to stretch for the 224th time the signing of the fought by our young nation to gain its their minds by reading or their muscles Declaration of Independence. For some, independence from mighty Britain. by playing outdoors, have come to the occasion will take on an unwar- Two-hundred and twenty-four years this—a nation of increasingly over- ranted special significance because ago, on a similar hot summer night, weight children who spend increasing there are people who have been led to little Caroline’s patriotic forbearers numbers of hours watching moronic believe—in some cases misled, I would might have feared for their lives as the and scatological so-called humor on say—that this is the first Independence cannons boomed and the flintlocks television and who do not learn the his- Day of the new millennium. For them, cracked. The parades we watch today tory behind some of the most funda- the celebration requires extra fanfare, are a faint reminder of the lines of mental tenets underlying our system of even more spectacular displays of fire- troops that may have tramped with government. It is a disgrace—a colossal works, and an even bigger party, akin grim faces through colonial towns on disgrace. Perhaps we should attempt to to the gala bashes of last New Year’s their way to battle with the redcoats. restrict books and learning, in order to Eve. However, in reality, the millen- So it is, perhaps, good to be a little make them more desirable ‘‘forbidden nial Independence Day celebration co- afraid when watching 4th of July fire- fruits’’ in our children’s eyes. works. It may be the closest many of incides with the 225th anniversary of I do not want to put the blame for our children come to reliving this im- the signing next year, in 2001. So I, at this sad state of affairs entirely on par- portant time in the history of our Re- least, will reserve my extra sparklers ents or even on our lowest-common-de- public. and Roman candles for next year. nominator-seeking entertainment in- I will not, however, let any confusion Probably most children watching 4th dustry. Another recent review, this over the new century/new millennium of July fireworks do not fully under- time, of high school textbooks by the stand in the way of one of my favorite stand the link between the holiday and holidays. The Fourth of July is a this day in our nation’s past. That our American Association for the Advance- standout. It is one of the few holidays children know little about history is ment of Science, slammed biology and still celebrated on the actual anniver- not news. Poll after poll in recent science textbooks, in particular, as sary of the day, as opposed to being ap- years has alerted us to huge gaps in missing the big picture behind the four pended to a weekend for convenience’s historical knowledge among our na- basic ideas driving today’s cutting edge sake. Though sales may beckon from tion’s schoolchildren. Once again, a re- research. Not one of the two dozen biol- nearby shopping malls, the holiday is cent test of young peoples’ knowledge ogy texts reviewed by the group, which not obscured beneath any major sport- of history, in this case, the history of are aimed at grades 9–12, were consid- ing event. our own nation, has demonstrated a ered excellent or satisfactory. Other re- There are no 4th of July college foot- sorry—and if I may add—scandalous ig- views in the past of history books have ball championships, no basketball norance. What is disconcerting about illustrated similar deficiencies. I fear finals, no baseball World Series games this most recent report is that it re- that we are nowhere close to answering to divide families into the camps of the flects the knowledge base of college the century-plus old prayer by Charles spectators and the ignored. The 4th of seniors from some of the best colleges Kingsley—‘‘I hope that my children, at July is instead, typically, celebrated and universities in the nation, not least, if not I myself, will see the day by families and friends in the great younger children with many years of when ignorance of the primary laws beauty of the outdoors. learning still ahead of them. If those and facts of science will be looked upon Some years, the weather is perfect, who do not learn from history are truly as a defect only second to ignorance of with blue skies, moderate tempera- doomed to repeat it, then I shudder to the primary laws of religion and moral- tures and low humidity, when the think how much our future might re- ity.’’ We are, instead, closer to ful- American flags are fanned by gentle semble that silly movie, ‘‘Groundhog filling the prediction by Robert A. breezes—the kind of a day that fills me Day.’’ Heinlein that ‘‘A generation which ig- with a sense of exhilaration and antici- The test, sponsored by the American nores history has no past—and no fu- pation. Other years, the weather is al- Council of Trustees and Alumni, and ture.’’ most unbearably hot and sticky, the administered by the University of Con- In light of this dismal knowledge of flag hangs limply from the pole, and necticut, consisted of asking college our national history, I have today of- sun screen mingles with sweat to turn seniors at 55 top colleges and univer- fered an amendment to the Labor, picnickers into melting human sities some 34 questions from a high Health and Human Services Appropria- popsicles. But even these sweltering school-level American history test. I tions Bill to provide $50 million—just a days can be relieved by mimicking was very sorry to read that nearly 80 little seed corn—to the Secretary of childrens’ refreshing runs through a percent of those tested earned only a Education to award grants to states to water sprinkler arcing manmade rain- ‘‘D’’ or an ‘‘F.’’ A mere 23 percent could develop, implement, and strengthen bows across the yard, or by dousing the identify James Madison as the prin- programs that teach American history heat with gallons of tart lemonade and cipal framer of the Constitution. More as a separate subject within school cur- sweet watermelon chilled in a tub of than a third did not know that the ricula. ice. On summer days like these, people Constitution established the division of It doesn’t mean social studies. That still resort to rocking chairs on porch- powers in American government. Just is about all they have today. Some peo- es and paper fans waved lazily before 60 percent could correctly select the 50- ple look upon social studies and claim faces, much as they did when I was a year period in which the Civil War oc- that is history. I have nothing against boy in the days before air conditioning. curred. social studies, except it is not history. The highlight of the day, is, of Imagine that. Just 60 percent could What I am suggesting here by way of course, the fireworks. My favorite time correctly select—in other words, 40 per- this $50 million amendment is that the

VerDate Mar 15 2010 23:41 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 4637 Sfmt 0634 E:\2000SENATE\S30JN0.REC S30JN0 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 30, 2000 CONGRESSIONAL RECORD — SENATE S6299 Secretary of Education award grants to learn about it, care about it, and share I know that Europe’s wonderful, yet some- States to develop, implement, and it with our children. I would not wish thing seems to lack: strengthen programs that teach Amer- to visit upon our children, through ig- The Past is too much with her, and the peo- ican history—not social studies. The norance, the fate of the protagonist ple looking back. Philip Nolan in ‘‘Man Without a Coun- But the glory of the Present is to make the schools may, if they wish, teach social Future free,- studies. But this is American history try.’’ We love our land for what she is and what as a separate subject within the school I believe it was written by Edward she is to be. Everett Hale. I read it many years ago. curriculum. The importance of Amer- Oh, it’s home again, and home again, Amer- ican history is too often undervalued in It would be well if our schoolchildren ica for me! our nation’s classrooms. As I have al- and even our adults would read it I want a ship that’s westward bound to ready indicated, poll after poll in re- today. plough the rolling sea, cent years has alerted us to huge gaps Philip Nolan’s sentence in ‘‘Man To the blessed Land of Room Enough beyond in historical knowledge among our na- Without a Country,’’ for wanting to re- the ocean bars, tion’s schoolchildren. It is my hope nounce his country, was to forever sail Where the air is full of sunlight and the flag that this amendment will encourage upon the high seas never again hearing is full of stars. teachers and students to take a deeper news from home, not even the name of Mr. President, I yield the floor. the homeland that he finally comes to look at the importance of our nation’s f past. realize that he loves. Our children A Supreme Court ruling just a few should recognize the gift that is their ADJOURNMENT UNTIL 1 P.M. days ago would take prayer out of our birthright, and they deserve sufficient MONDAY, JULY 10, 2000 knowledge of their history to appre- school functions, about which I will The PRESIDING OFFICER. The Sen- have more to say on a future day. It ciate and protect the liberties that they enjoy. ate stands adjourned under the provi- seems that knowledge is already in sions of S. Con. Res. 125. short supply there. The early patriots I know that my knowledge of our Na- tion’s history, and my study of the doc- Thereupon, the Senate, at 2:44 p.m., who established our great nation, and adjourned until July, 10, 2000, at 1 p.m. who inscribed on the Liberty Bell a uments and lives that shaped it, only quotation from Leviticus 25:10, ‘‘Pro- deepen my love for my Nation. I have f claim liberty throughout all the land been fortunate. I have been blessed by NOMINATIONS to all the inhabitants thereof,’’ would the Creator, blessed by the God who surely be surprised at this sad turn of reigns over the destinies of nations— Executive nominations received by blessed to live a full life with many op- events. Trained in the classics, steeped the Senate June 30, 2000: portunities for travel, but always, I in history as surely as that tea was AGENCY FOR INTERNATIONAL DEVELOPMENT share the sentiments in the poem by steeped in Boston Harbor’s waters, Henry Van Dyke, ‘‘America for Me.’’ EVERETT L. MOSLEY, OF VIRGINIA, TO BE INSPECTOR they readily mingled faith and learn- GENERAL, AGENCY FOR INTERNATIONAL DEVELOP- MENT, VICE JEFFREY RUSH, JR. ing, and valued both. AMERICA FOR ME I hope that on this 4th of July, some ‘Tis fine to see the Old World, and travel up THE JUDICIARY few imaginative parents might encour- and down ROGER L. GREGORY, OF VIRGINIA, TO BE UNITED Among the famous palaces and cities of re- STATES CIRCUIT JUDGE FOR THE FOURTH CIRCUIT, VICE age their children to see, not the nown, A NEW POSITION CREATED BY PUBLIC LAW 101–650, AP- PROVED DECEMBER 1, 1990. smoke of the backyard grill, but the To admire the crumbly castles and the stat- smoke of battle; to hear, not the explo- ues of the kings,- DEPARTMENT OF COMMERCE sions of fireworks but the percussive But now I think I’ve had enough of anti- MARJORY E. SEARING, OF MARYLAND, TO BE ASSIST- thunder of cannons; and to spark in quated things. ANT SECRETARY OF COMMERCE AND DIRECTOR GEN- ERAL OF THE UNITED STATES AND FOREIGN COMMER- these young minds not a taste for fire- So it’s home again, and home again, America CIAL SERVICE, VICE AWILDA R. MARQUEZ, RESIGNED. crackers but a taste for history. for me! IN THE ARMY Our Founding Fathers gambled so My heart is turning home again, and there I THE FOLLOWING NAMED OFFICER FOR APPOINTMENT much for our freedom. They invested long to be, IN THE UNITED STATES ARMY TO THE GRADE INDICATED their lives, their families, their for- In the land of youth and freedom beyond the WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: tunes, and the best of their intellects, ocean bars, in winning our freedom and then pro- Where the air is full of sunlight and the flag To be lieutenant general is full of stars. MAJ. GEN. FREDDY E. MCFARREN, 0000 tecting it with a marvelously thought- Oh, London is a man’s town, there’s power in out system of government. For 224 the air; f years, it has withstood the tests of his- And Paris is a woman’s town, with flowers in tory. Our Constitution, our govern- her hair; CONFIRMATIONS ment, our nation, has bested every ef- And it’s sweet to dream in Venice, and it’s Executive nominations confirmed by fort to bring it down. It has proved ca- great to study in Rome the Senate June 30, 2000: But when it comes to living there is just no pable of stretching to cover millions THE JUDICIARY place like home. more acres, millions more people, and PAUL C. HUCK, OF FLORIDA, TO BE UNITED STATES millions of new circumstances, the I like the German fir-woods, in green battal- DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF likes of which Thomas Jefferson, ions drilled; FLORIDA. I like the gardens of Versailles with flashing JOHN W. DARRAH, OF ILLINOIS, TO BE UNITED STATES James Madison, John Adams, George DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF ILLI- fountains filled; Washington, Benjamin Franklin, and NOIS. But, oh, to take your hand, my dear, and JOAN HUMPHREY LEFKOW, OF ILLINOIS, TO BE UNITED their peers could not have dreamed. If [travel] for a day STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT we are to appreciate their gift, if we OF ILLINOIS. In friendly [West Virginia hills] where Na- GEORGE Z. SINGAL, OF MAINE, TO BE UNITED STATES are to carry on their legacy, we must ture has her way! DISTRICT JUDGE FOR THE DISTRICT OF MAINE.

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SPECIAL 80TH BIRTHDAY TRIBUTE Congratulations, and Mazel Tov, mom. May CELEBRATING THE HISTORY OF TO SYLVIA ENGEL you have many, many more years of life's THE MOTHER ROAD: BARSTOW pleasures, and may you continue to brighten OPENS A ROUTE 66 MUSEUM HON. ELIOT L. ENGEL the lives of all those you touch. OF NEW YORK IN THE HOUSE OF REPRESENTATIVES f HON. JERRY LEWIS OF CALIFORNIA Thursday, June 29, 2000 MEDICARE RX 2000 ACT Mr. ENGEL. Mr. Speaker, of the many IN THE HOUSE OF REPRESENTATIVES things I've put into the CONGRESSIONAL Thursday, June 29, 2000 RECORD, this one gives me the most pleasure. SPEECH OF Today, on June 29, 2000, my mother is cele- HON. ERNEST J. ISTOOK, JR. Mr. LEWIS of California. Mr. Speaker, this brating her 80th birthday. will be a very special Independence Day in My mother, Sylvia Engel, or SeRoy as ev- OF OKLAHOMA Barstow, California where we will celebrate the eryone calls her, has always been the prover- IN THE HOUSE OF REPRESENTATIVES opening of a museum commemorating Route bial ``live wire.'' When I was a little boy, she 66, the Mother Road that led millions of Amer- would take me to see her roller skate in the Wednesday, June 28, 2000 icans west to the promise of unlimited dreams roller derby practices. She also is an accom- and horizons in the Golden State. plished actress, and would perform on stage Mr. ISTOOK. Mr. Speaker, I want prescrip- in community and off-Broadway shows. I al- tion drugs to be available and affordable, but The opening of the museum on July 4 will ways say that my ability to speak in front of this is not the way to do it. If something is provide a delightful reminder that the towns groups stems from watching my mother do the overpriced, it's nonsense to have government and cities of my district provided the hospitality same, since I was a little boy. She was always step in and agree to pay that inflated price. and welcome to most of those Americans very outgoing and to this day goes bowling That is not good stewardship of public money. making the long drive West. Barstow wasÐ every week, and until just a few years ago di- and remainsÐa friendly oasis from the hours- Congress should be holding hearings about rected the singing and dancing shows at her long drive across the great Mojave Desert. price-fixing allegations, and about whether condominium in Florida. Visitors will have a chance to remember the there is price-gouging of American patients, to My mother has always been a very kind exciting early days of driving America's high- subsidize overseas sales of prescription drugs. person, loving and caring to her family, one, ways with old photographs, road signs and a But if costs are exorbitant, it's wrong-headed who along with my father always taught me vintage 1926 Dodge touring sedan. The mu- to use tax dollars to pay those inflated prices. right from wrong, and stressed education as seum has visionary plans of returning Barstow the key to elevating oneself in helping to gain That will not bring the prices down. to its status as a way station along the desert a better future. Instead, there is a stampede to buy the highways. My mother and my father, Phil, had the ben- votes of senior citizens, by spending enor- efit of 47 wonderful years of marriage to- It is especially commendable that this mu- mous amounts of taxpayers' money on a new seum will be an anchor for another older re- gether, where they worked hard and struggled entitlement. I'm not joining that stampede to to provide a good life for me and my sister, minder of the history of Western travel: The buy votes with taxpayers' money. I'm dis- Casa del Desierto Harvey House, a historic Dori. Today, my mother is grandmother to 11 appointed that fellow Republicans would aban- children. Pat and I have given my mother 3 stop opened for travelers in 1911 on the Santa don principles to buy votes with promises of a grandchildren: Julia, Jonathan and Philip, and Fe Railway's trains to and from California. huge new government program. Yet the Dem- Dori and Jordan have given my mother 8: Thousands of train travelers each year ocrat plan is worse; its cost is about double. David, Rachel, Yosef, Yacov, Naomi, Malky, stopped to marvel at this towering adobe pal- Esty, and Ricky. Both sides are in a bidding war, and both are ace and be served food by the famous Harvey My mother was born in New York City as bidding with taxpayers' money. Girls in its elegant dining rooms. This magnifi- the second child of Eastern European Jewish The cost of the GOP plan is not ``only'' $8 cent depot and hotel, which has been placed immigrants, Yudis or Julia and Joe, who came billion a year. The official projection says it on the National Register of Historic Places, to this country, like so many others, for a bet- soon will be $28 billion a year and probably it has been fully restored and returned to use ter life. Her mother, my grandmother, Julia, will be even higher. It would be automatic through the efforts of Barstow's civic leaders lived with us when I was growing up and spending, which would go on forever. This is and volunteers. raised my mother and her sister Bea and how our national debt was created, and why The location of the Route 66 Museum in this brother Irving, because she was widowed at it's so tough to balance the budget and pay historic railroad structure will provide modem an early age. My mother, who they tell me down the debt. travelers with a fascinating window into the was a ``tomboy'' growing up, learned to be past, and should make Barstow even more of Medicare is already in major financial trou- self-reliant and resilient at an early age, traits a popular stopover along desert highways. which she still manifests today. ble. You don't fix it by adding more spending, Mr. Speaker, I want to tell my mother how when it's already costing too much and deliv- This new museum will add to the reputation very much I love her and what a tremendous ering too little. of San Bernardino County as one of the top destinations for those who are fans of Route inspiration she is to me today and has been For example, if the foundation of your house so my whole life. I hesitated entering this into 66 history. It joins another fine museum in is crumbling, you don't build a new third story. Victorville, another historic Mojave Desert the CONGRESSIONAL RECORD and giving her a Instead, you fix the foundation before you con- surprise party, because she doesn't look her way-station, and the San Bernardino Route 66 sider adding on. That's what we should do Rendezvous classic car festival, which draws age, and doesn't want too many people to with Medicare. know. But having achieved this milestone is 600,000 visitors each September in one of the something of which to be proud, especially Medicare's government bureaucracy doesn't nation's largest free-admission events. after two heart surgeries and a lifetime of giv- even pay hospitals (especially rural hospitals) Mr. Speaker, I ask you and my colleagues ing herself to family, friends, and everyone the cost of the care they provide. That drives to join me in congratulating Barstow and its with whom she's come into contact. With my up medical costs for everyone who is not on citizens for renewing their city's rightful place mother, one can certainly say she may be one Medicare. This is part of what we should fix as one of the welcoming points to California, year older than last year, but she'll never be first, before promising an new expensive ben- and one of the highlights along Route 66, the old. efit. Mother Road.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A30JN8.000 pfrm03 PsN: E30PT1 E1160 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 2000 RENAMING THE JANESVILLE, WIS- progressive disease that advances over 10 to atitis C by the VA has increased, but the num- CONSIN POST OFFICE THE LES 30 years. It is no wonder that hepatitis C ber being treated by the VA has not risen at ASPIN POST OFFICE BUILDING wasn't identified until 1989. Hepatitis C is a all. blood-borne disease that is transmitted While Chairman QUINN, Mr. GIBBONS and I HON. THOMAS M. BARRETT through blood contact. Those at high risk in- offer this bill as a remedy, we also offer it as OF WISCONSIN clude patients who had hemodialysis, patients a working document. We are willing to work IN THE HOUSE OF REPRESENTATIVES who had blood transfusions or organ trans- with members of the Veterans Affairs Com- plants, and healthcare professionals (such as mittee and our colleagues in this body as well Thursday, June 29, 2000 health care workers or medics) who may have as the Veterans Administration and veteran Mr. BARRETT of Wisconsin. Mr. Speaker, I come in contact with infected blood, instru- service organizations to produce a consensus appreciate the opportunity to share with my ments or needles. bill. I am hopeful that we will be able to work colleagues my great pride and respect for Another high-risk population is our nation's out any differences and pass this legislation former colleague and friend, Les Aspin. I military veterans. In fact, hepatitis C continues for our veterans. wholeheartedly support renaming the Janes- to be diagnosed at an alarming rate among In the heat of combat, we ask our young ville, Wisconsin Post Office as the Les Aspin our veteran population. The Veterans Adminis- servicemen and women to risk exposure to Post Office. tration estimates that 6.6 percent of veterans unknown danger to save others with the un- Les Aspin was born in Milwaukee, Wis- are infected with hepatitis C, a rate more than derstanding that we, as a nation, will take care consin in 1938. He graduated summa cum 3 times that of the general population. Of all of them in the future should they become sick. laude from Yale University, and later received of the military veteran populations who tested Mr. Speaker, the time has come to fulfill that a degree in politics, philosophy and economics positive for hepatitis C throughout VA medical promise. from Oxford University. He completed his doc- facilities nationwide in March 1999, Vietnam- f torate in economics at the Massachusetts In- era veterans accounted for 64 percent of the stitute of Technology. From 1969 to 1971, cases. RECOGNIZING ROBERT MONDAVI, Aspin was distinguished professor of inter- What prevents the VA from treating and RECIPIENT OF WINEVISION’S national policy at Marquette University in Mil- compensating these infected veterans is the FIRST ANNUAL ‘‘VISIONARY waukee, Wisconsin. slow progression of the disease and the re- AWARD’’ In 1971, Aspin was first elected to the cent discovery of it. In most cases, more than United States House of Representatives from a decade has passed from infection to dis- HON. MIKE THOMPSON the First Congressional District of Wisconsin. covery. For example, a medic treating a OF CALIFORNIA During his 22 years in the House, his interest wounded comrade in Vietnam in 1967 could IN THE HOUSE OF REPRESENTATIVES have been infected with the virus, but not test- and dedication to international security, de- Thursday, June 29, 2000 fense and arms control earned him Chairman- ed positive nor shown symptoms until some ship on the House Armed Services Committee 10 to 30 years later. The 1973 fire at the Na- Mr. THOMPSON of California. Mr. Speaker, from 1985 to 1993. Following his tenure in tional Personnel Records Center in St. Louis I rise today in recognition of Robert Mondavi Congress, he served as Secretary of Defense and less-than-stellar military personnel record receiving WineVision's first annual Visionary from 1993±1994 in the cabinet of President keeping only compounded the problem. AwardÐrecognizing the person whose insight William J. Clinton. His unparalleled expertise Our legislation gives presumptive service and foresight contributed in myriad ways to and influence on Department of Defense connection to hepatitis C infected veterans the U.S. wine community's overall betterment issues have guided the development of a who most likely contracted it through handling in the year 2000. comprehensive defense policy for the United blood, blood transfusions or hemodialysis. Robert Mondavi and employees of Robert States. These criteria will cover combat field medics, Mondavi Corp. were instrumental in the past In 1994, the Marquette University Les Aspin doctors or medical personnel who handled year in assuring the initiation of the Center for Government was founded in his blood, and soldiers who gave blood to save a WineVision processÐan effort to develop an honor. The Aspin Center was established buddy's life or received blood to save their industry-wide strategic plan for the U.S. wine under the same ideals and integrity with which own. Studies show that 365,000 blood trans- business. The winery, notably Michael Dr. Aspin conducted his political career. The fusions were performed among U.S. personnel Mondavi and Herbert Schmidt, was key in of- Aspin Center is designed to educate future in Vietnam between 1967 and 1969 alone. At fering support, including becoming one of the leaders by giving students an opportunity to the same time, blood supplies shipped to Viet- first companies to contribute seed money. participate in the American political process nam in the late 1960s and early 1970s had a All through the process, Robert Mondavi through Congressional internships. high rate of infection. An NIH study at this has provided inspiration, human resources On May 21, 1995, our dear friend and es- time showed that 7 to 10 percent of all pa- and funding. As well, he has encouraged par- teemed colleague passed away at the age of tients who received a blood transfusion during ticipation from other wineries and growers. 57. It is my honor to have served Wisconsin surgery developed hepatitis C. Robert Mondavi is known throughout the with the distinguished Dr. Les Aspin, and I be- Chairman QUINN, Mr. GIBBONS and I ap- wine industry as the man whose vision of a lieve that it is fitting for his memory to be hon- plaud the VA for its outreach program to iden- successful American premium wine industry ored in the district in which he served. tify and treat veterans. We also commend the started America's wine renaissance in the f VA's attempt to address the hepatitis C prob- 1960s. WineVision is proud to acknowledge lem through regulation, but we believe statu- his role in our community and recognize his LEGISLATION TO HELP VETERANS tory relief may be the only remedy that will contributions, those of his family and those of INFECTED WITH THE HEPATITIS truly help thousands of veterans. While regula- his winery. C VIRUS tions are a good start, the VA is not mandated Robert Mondavi began his success in the to ensure that these veterans are treated and wine business in the 1940's when his father HON. J.D. HAYWORTH compensated. It can, at any time, change the purchased the Charles Krug Winery. In the OF ARIZONA regulations or refuse treatment if it runs low on 1950's and 1960's, Robert became the first IN THE HOUSE OF REPRESENTATIVES discretionary funds. Only through statutory re- Napa Valley vintner to use cold fermentation lief will we ensure that the VA has the dedi- extensively and popularized new styles of Thursday, June 29, 2000 cated resources and funding to handle all of wine such as Chenin Blanc and Fume Blanc. Mr. HAYWORTH. Mr. Speaker, I am these claims. Also, having a statutory require- Robert Mondavi's winery is a culmination of pleased to join my good friends from New ment will put this major disease on par with a vision that he shared with his family. From York and Nevada, Chairman JACK QUINN and other major presumptive diseases. Finally, at its inception in 1966, the winery has stood as Congressman JIM GIBBONS, on introducing this the April 13th Veterans' Benefit Subcommittee both an example of their innovation in important legislation that will help veterans in- hearing, several veteran service organizations, winemaking and a monument to persistence in fected with the hepatitis C virus to be treated including the American Legion and the VFW, the pursuit of excellence. and compensated by the Veterans Administra- complained that the VA has already denied In addition to serving as chairman of the tion. too many service connection claims by vet- board of the winery, Robert was and continues Hepatitis C is a potentially life-threatening erans with hepatitis C. In their testimony, to be active in a number of activities pro- disease that can affect the liver and lead to AMVET stated that, among its members, the moting wine and food. In 1988, he launched cirrhosis, liver cancer, and death. It is a slow, number of veterans being diagnosed with hep- the Robert Mondavi Mission program that was

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JN8.003 pfrm03 PsN: E30PT1 June 30, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1161 designed to educate Americans about wine liament to solve the social and economic prob- ANNOUNCEMENT OF THE VICE and its role in American culture and society. lems that face his nation in a manner that PRESIDENT REGARDING PLUM This program illustrates the benefits of mod- seeks to unite rather than divide. I was POX VIRUS FUNDING IN PENN- erate consumption as well as the detriments of pleased to see President Mugabe recognize SYLVANIA BY THE U.S. DEPART- abuse. this challenge in his speech following the elec- MENT OF AGRICULTURE Robert is currently in the process of found- tion, in which he spoke of his desire to work ing the American Center for Wine, Food, and with the new Parliament. It is my hope that HON. WILLIAM F. GOODLING the Arts, in Napa, CA. This center will serve President Mugabe's future actions will mirror OF PENNSYLVANIA as a culmination of his dream to celebrate the this rhetoric. IN THE HOUSE OF REPRESENTATIVES role of wine, food, and arts in American cul- Finally, I would like to recognize the work of Thursday, June 29, 2000 ture. In addition, he is the founding co-chair- American representatives in ZimbabweÐboth man of the American Institute of Wine and governmental and nongovernmentalÐwhose Mr. GOODLING. Mr. Speaker, I was Food with Julia Child, and a member of the on-the-ground efforts contributed to this impor- pleased today when the administration an- American Wine Society, the Brotherhood of tant milestone in Zimbabwe's political evo- nounced that $13.2 million would be made the Knights of the Vine and many other lution: the American Embassy, lead by Am- available to compensate fruit growers in my groups. bassador Tom McDonald and Political Officer district affected by plum pox. I am very In 1997, Robert was inducted into the Edu- Makila James; the United States Agency for pleased that my constituents who have seen cational Foundation of the National Restaurant International Development; and the National their livelihoods put under the bulldozer and Association's College of Diplomats for his sup- Democratic Institute and its Zimbabwe-based set afire in the last 3 months will finally receive just compensation. However Mr. Speaker, I port of education in the food industry. He has staff of Peter Manikas, Richard Klein, David am enraged that this announcement came been named ``Man of the Year'' by numerous Kovick, Dawn Del Rio, Kate Allen and Scott from the Office of the Vice President and that magazines and foundations and has received France. the administration would play election year such honors as the Lifetime Achievement f politics with a stone fruit industry that its own Award and the Torch of Liberty Award. Throughout the years, Robert Mondavi has SUPPORT OF INCARCERATED press release values at $1.8 billion. Mr. Speaker I became aware of the plum developed world-class, fine wines. As one of IRANIAN JEWS pox outbreak in my district in early October. the world's top producers, Mr. Speaker, it is Since that time, I and Pennsylvania's Mem- appropriate at this time that we acknowledge HON. BARBARA LEE bers of the other body have met with the Robert Mondavi's great accomplishments in OF CALIFORNIA growers affected by this crisis and worked on the wine and food industry and his receiving IN THE HOUSE OF REPRESENTATIVES legislative remedies to address the growers' WineVision's first annual Visionary Award. Thursday, June 29, 2000 loss. I first wrote Secretary Glickman about Congratulations to Robert Mondavi and the Ms. LEE. Mr. Speaker, today I address the plum pox in early November, a letter signed Mondavi family. by 18 other Members of the House. In the in- f issue of the 13 Jews being held in the city of Shiraz in Iran and on trial on charges of espio- tervening 8 months I have pursued every leg- THE ZIMBABWE PARLIAMENTARY nage. islative option available and worked with Sec- ELECTIONS The World Bank is currently reviewing a retary Glickman and officials from the Com- proposal to transfer $230 million in loans to monwealth of Pennsylvania to indemnify the Iran. In light of the circumstances, it is inap- affected growers. HON. RICHARD A. GEPHARDT I ask the Vice President, where have you propriate to consider these loans while the OF MISSOURI been for the nearly 6 months while the Office staged trial of the 13 Iranian Jews continues. IN THE HOUSE OF REPRESENTATIVES of Management and Budget acted as a road- It would send a dangerous message that the Thursday, June 29, 2000 block to allowing these funds to be released. international community disregards the Iranian Secretary Glickman is to be commended for Mr. GEPHARDT. Mr. Speaker, just this past government's serious human rights violations his actions in this crisis. As soon as the Sec- December, I visited Zimbabwe with a bipar- against its citizens. retary had the relevant information it was pre- tisan group of members of Congress that was This group, which includes a Rabbi, teach- sented to the OMB along with his rec- co-led by Amo Houghton, a long-time friend of ers, and students, has been detained for over ommendation to declare this crisis an ``Ex- the Zimbabwean people, and included Donald a year although no formal charges have been traordinary Emergency,'' thereby making plum Payne, the ranking member of the Inter- filed against them. Contrary to Iranian law, pox one of the Department's highest priorities. national Relations Subcommittee on Africa. they have been denied the right to choose Where was the Vice President on March 2, The purpose of our visit was to examine their own legal representation. 2000, when the Secretary declared an Ex- Zimbabwe's efforts to combat the AIDS pan- Additionally, serious legitimacy concerns traordinary Emergency and the OMB refused demic, revitalize economic development and arise when we consider that the trial is being to release the funding for the Emergency. strengthen its democracy. In doing so, we held behind the closed curtains of the Revolu- Where was the Vice President? dedicated a U.S. Agency for International De- tionary Court where the judge is also the chief If the Vice President was as concerned velopment-funded AIDS clinic in Hwange and prosecutor. about this crisis as he seems to be today, why met with political leaders including President The defendants' ``confessions,'' on which didn't he request OMB Director Lew release Robert Mugabe and Morgan Tsvangirai, the the prosecution's case is built, were all offered these funds in March, before the growers had leader of the then-fledgling opposition party, without the presence of their lawyers. These to be put through the worries they faced this the Movement for Democratic Change minute-long sound-bites have been widely spring. (M.D.C.). Little did we know at the time that aired on State-run television. Where was the Vice President when those Zimbabwe was on the cusp of its most funda- Clearly justice is not being served for these growers, my constituents, came to Washington mental political change since gaining inde- Iranian Jews. and met with an OMB official and were in- pendence in 1980. The question is what will the world do about sulted and belittled as if they were beggars I applaud the people of Zimbabwe for their it? The key is for the U.S., Germany, and asking for a hand out. Mr. Speaker, I under- efforts to make the June 25 and 26 parliamen- Japan to stand up at the World Bank and say stand the Vice President is well versed on to- tary elections generally peaceful as opposition human rights do matter and to vote to delay bacco growing, but I wonder if he understands parties gained an unprecedented 58 seats, 57 any World Bank loan to the Republic of Iran. the workday of a fruit grower? of which went to the M.D.C. The relative calm Until justice is served for these 13 Iranian The fruit growers in my district do not sit on of the election was particularly significant in Jews, the World Bank should not hide behind their porches and rock, as they were told in a the wake of the intimidation and violence that claims that somehow its loans are only being insulting response by Director Lew's subordi- preceded the historic vote. The approximately used for a particular purpose. Money is Fun- nate in April. Fruit growers work from sun up 60 percent turnout of registered voters for the gible. to sundown and spend their lives praying that election was a level of participation that we in Recent history has shown that at least 17 the weather and insects do not make them the United States can envy. Jews in Iran have been executed for spying bankrupt. I wonder where the Vice President Now, with a meaningful opposition party after similar ``confessions'' were offered. We was Mr. Speaker. firmly in place, the challenge for President must stand up for human rights. The World Mr. Speaker as I said, I am pleased that Mugabe will be to work with the new Par- Bank is where this trial will be on trial. those growers in my district who accepted the

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JN8.006 pfrm03 PsN: E30PT1 E1162 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 2000 risk and obeyed the destruction orders they MEDICARE RX 2000 ACT munity, I urge my fellow members of Congress received from the USDA will be finally com- to keep a watchful eye on the developments pensated, I might add one month after the SPEECH OF in this case. Judge Sadiq Nourani, better Congress voted to do the same, but I find it HON. MARK UDALL known to his countrymen as ``the butcher,'' will very sad that this Administration chooses to OF COLORADO soon decide whether or not these thirteen release this compensation only after the Vice IN THE HOUSE OF REPRESENTATIVES Jews indeed committed acts of espionage President finds himself sagging in the polls against Iran. I am deeply troubled by the and needing help in a swing State. Wednesday, June 28, 2000 shroud of secrecy under which this trial pro- Mr. UDALL of Colorado. Mr. Speaker, I rise ceeds, bringing into question the integrity of f in opposition to H.R. 4680, The Medicare Rx any guilty verdict. My colleagues in Congress 2000 Act. Today, instead of helping seniors should view Judge Nourani's decision, and MEDICARE RX 2000 ACT with their prescription drug bills, the Repub- any subsequent sentencing, as a strong indi- licans sold seniors a bill of goods. Their bill is cation as to the sincerity of Iran's attempts to SPEECH OF a multi-billion dollar giveaway to insurance reform. companies and fails to guarantee that seniors Omid Tefillin, a 25 year-old man whose HON. BOBBY L. RUSH will be able to afford the medicines their doc- brother has already been condemned, said, ``I tors tell them they need to take to stay am innocent, and I believe the court is just. OF ILLINOIS healthy. God willing, I will be acquitted.'' Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES For the past year, seniors in my district I wish I shared Mr. Tefillin's faith in the Iranian have been telling me about how much they judicial system. Based on the proceedings I Wednesday, June 28, 2000 spend on their monthly prescription bills. I re- have observed thus far, I am doubtful the thir- Mr. RUSH. Mr. Speaker, I rise in opposition leased a study in April 1999 which shows that teen Jews can receive a just verdict. to H.R. 4680 and to say that today we have seniors in my district who have no prescription f drug coverage pay twice as much as those seen a clear example of legislating at its ENERGY AND WATER DEVELOP- worst. who have coverage. Some seniors are faced with the decision of paying for food or paying MENT APPROPRIATIONS ACT, The Republican leadership of this House for medicine. This is an outrage. No senior 2001 has denied the Democrats the opportunity to should be faced with that kind of decision. SPEECH OF offer a meaningful prescription drug plan On the other hand, the Republican leader- which would guarantee our senior citizens ac- ship in the House recently became interested HON. GEORGE W. GEKAS cess to this important benefit under Medicare. in this issue because their pollster told them OF PENNSYLVANIA The Republican leadership has issued a that they needed to pass a drug planÐany IN THE HOUSE OF REPRESENTATIVES ``gag order'' rule, which prevents the Demo- planÐno matter how flawed it is. And they Tuesday, June 27, 2000 cratic members of this institution from offering won't let the Democrats offer a substitute plan a clear alternative to the legislation which they on the floor because they know it is a good The House in Committee of the Whole are calling Medicare Prescription Medicine. I plan and could pass. House on the State of the Union had under say, the bill before us is not that: it is less than We need a Medicare prescription drug ben- consideration the bill (H.R. 4733) making ap- that. efit that is voluntary, that provides coverage to propriations for energy and water develop- all seniors who need it, and that secures the ment for the fiscal year ending September 30, Last year, I visited with a number of Senior 2001, and for other purposes. Citizens centers in the First Congressional financial future of Medicare. I will continue to Mr. GEKAS. Mr. Chairman, I would like to District in Illinois. Secretary Donna Shalala work for a plan that helps seniors fill their take a moment to discuss an amendment that was gracious enough to join me in August in cabinets with life-saving medications, not one has the potential to address a matter that is of a visit to the senior citizens residence at Mont- that lines the pockets of the drug companies. the utmost importance to our nation. First I gomery Place. f want to commend the Chairman for his hard At every opportunity, the seniors in my dis- JUSTICE FOR SHIRAZ THIRTEEN and diligent work on this bill. trict asked meÐIs Congress going to do The cost of gasoline has skyrocketed and something about Medicare, and especially HON. KEN LUCAS America is once again forced to kneel at the about prescription drugs? OF KENTUCKY feet of OPEC, groveling to oil barons, begging It was abundantly clear from these ques- IN THE HOUSE OF REPRESENTATIVES for more oil. It is disgraceful that this adminis- tions that the senior citizens in Chicago's First tration has let America, the home of the free, Thursday, June 29, 2000 DistrictÐmany of whom are living on income become subservient to foreign powers. I can- below the poverty lineÐthat this is an issue of Mr. LUCAS of Kentucky. Mr. Speaker, in not stress enough the importance of the critical importance, to be dealt with seriously Iran today, thirteen Jews are awaiting judge- United States becoming an energy self-suffi- by this institution. Seriously and deliberately: ment in a trial that I suspect is no trial at all. cient nation and the positive effects this would not through political gamesmanship. Although the thirteen Jews in question are ac- have on our national security and economic Last year, we were told that the prescription cused of espionage, they have been impris- prosperity. drug issue would have to wait until the Repub- oned for over a year without being formally As you know, the price of oil in the United lican-initiated tax cut was resolved. And we charged and have been denied the right to States has dramatically increased over the last waited. And the senior citizens in our Con- choose legal counsel. They have also been year. Over the winter we saw the first spike in gressional districts waited. denied access to family members, fellow oil prices, and this administrations' response members of the Jewish community, and was simply to beg OPEC to produce more oil, Last week, when President Clinton pro- human rights workers. It is deplorable to put in the hopes that higher supply would cause posed an end to the waiting and offered a these thirteen people on trial, possibly with prices to go down. Yet, prices have sky- sound and financially responsible entitlement their lives at stake, then shut the courtroom rocketed in the last few weeks, with some program to provide senior citizens with the doors to the world. Diplomats, members of the Americans having to pay well over $2.00 for a prescription drug benefits that they need and media, human rights activists, and even the gallon of gas. The impact of escalating oil want, the Republican leadership in the House accuseds' fellow Iranian citizens are barred costs affects prices for essential utility and said ``No.'' They said we will consider a mini- from attending the court proceedings. In short, municipal services, the distribution of vital sup- mal proposal that does not even guarantee a these thirteen persons are being denied even plies and other goods and services, and could prescription drug benefit to Medicare recipi- what limited due process of law is regularly threaten many American jobs. Clearly, our cur- ents. available to the Iranian people. rent economic prosperity is put at risk as a re- Mr. Speaker, I will say again what I said last In March of this year, Secretary of State sult of the dramatic increase in oil prices. It is fall: that the Republican majority must give up Albright announced that the U.S. ban on cer- time to take action before we are completely this ill-conceived plan and give us the oppor- tain Iranian imports would be lifted. This move at the mercy of this oil cartel. tunity to consider a real legislative proposal was designed to encourage ongoing political Beyond any short term fixes we may soon which will give our senior citizens the prescrip- reform in Iran. However, as Iran works to im- address in the Congress, we must adopt a tion drug benefits that they needÐand want. prove its relations with the international com- long-term energy policy that will emphasize

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JN8.009 pfrm03 PsN: E30PT1 June 30, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1163 the U.S. position of being energy self-sufficient New York Aids Foundation, the Haitian Coali- the United States, which the government com- in the 21st century. With the vast amount of tion on AIDS, and the Haitian American Alli- pleted in 1790. untapped resources in this country and tech- ance of New York. He was also a past-vice Though the government documents are nological advances which have made it easier, president of Haitian Medical Association made available to the public at no cost, there cheaper, and safer to develop and discover abroad. is a cost to the libraries that maintain them. As new domestic sources of energy, the goal of Dr. Compas is a prime example of what a regional depository library, KU is required by becoming energy self-sufficient can be a re- every citizen should aspire to be. He has federal law to maintain the information in per- ality. made a difference in many lives in Brooklyn. petuity. The cost of storing a total collection of That is why I have introduced H.R. 4035, He remains a dedicated advocate for the Car- more than 2 million government documents the National Resource Governance Act, which ibbean community. Dr. Compas' contributions can run into the tens of thousands of dollars I am now offering as an amendment to the to his community never stop, and hopefully he annually, not counting salaries for a staff to Energy and Water Development Appropria- will continue good deeds to make Brooklyn a catalog and maintain the information. Without tions Act. This amendment calls on Congress better community. Dr. Compas ultimately be- federal funding, the Government Documents to officially commit to the concept that the lieves that ``it's better to give than receive'' and Map Library would be forced to close its United States can be energy self-sufficient by and he demonstrated it through his many con- doors and end its years of service to the Kan- the end of the decade. tributions. Please join me in recognizing the sas public. This commitment would take the form of a accomplishments of Dr. Jean Claude Compas. Mr. Chairman, though anyone can access bipartisan blue ribbon commission to inves- f documents supplied under the auspices of the tigate all possible methods to make the coun- FDLP, the people who rely upon this informa- try energy self-sufficient. How can we become LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2001 tion the most are small-business owners. self-sufficient? We can start by utilizing the oil Small business men and women in Johnson reserves that already exist in our great land. SPEECH OF County and other areas in Kansas' Third Dis- We should also explore and encourage alter- trict frequently utilize the Federal Register, native resource production such as solar, HON. DENNIS MOORE which lists proposed regulations and informa- wind, hydrogen, natural gas, gas hydrates, or OF KANSAS tion on upcoming government contracts. Small other resources, as well as better fuel effi- IN THE HOUSE OF REPRESENTATIVES businesses have a right to access the Federal ciency for our nation's transportation infra- Thursday, June 22, 2000 Register and other federal documents, and the structure. At the dawn of the 21st Century, the re- The House in Committee of the Whole federal government has the responsibility to sources and ingenuity to make America self- House on the State of the Union had under make sure that America's small business peo- sufficient for its fuel needs exist. We need to consideration the bill (H.R. 4516) making apple have access to them. propriations for the Legislative Branch for I urge my colleagues to vote for the vitally focus our attention on this very important the fiscal year ending September 30, 2001, and important manager's amendment, which will issue, because the ramifications of becoming for other purposes. restore the public's access to taxpayer-funded more dependent on these foreign powers Mr. MOORE. Mr. Chairman, I rise today in government documents. The public has an in- threatens not only our economy, but our very opposition to H.R. 4516, the FY2001 Legisla- herent right to obtain information contained in existence as a world power. How many more tive Branch Appropriations Act, which would government documents that have been pub- times must we be put through an energy crisis slash funding to the Government Printing Of- lished at public expense. Above all, Mr. Chair- and the outrageous costs associated with it fice's Federal Depository Library Program man, a well-informed citizenry, cognizant of before we commit ourselves to energy self- (FDLP). Rather, I support the bipartisan man- the policies and activities of its representative sufficiency? It's time to get the power back. I urge the House to accept my amendment ager's amendment that restores funding to this government, is essential for the proper func- and give our nation an energy policy that will important public resource. tioning of democracy. The goal of the FDLP is to assure current ensure our future. f f and permanent public access to information published by the federal government of the IN HONOR OF COACH ANTHONY HONORING DR. JEAN CLAUDE United States. The FDLP, under the auspices FEDERICO COMPAS of the Government Printing Office (GPO), provides public documents free of charge to ap- HON. EDOLPHUS TOWNS proximately 1,350 libraries in the United States HON. DENNIS J. KUCINICH OF MARYLAND and its territories. Depository libraries receive OF OHIO IN THE HOUSE OF REPRESENTATIVES all government publications of public interest HON. STEPHANIE TUBBS JONES Thursday, June 29, 2000 and/or educational value, with the exception of OF OHIO Mr. TOWNS. Mr. Speaker, today I am proud classified materials. HON. STEVEN C. LaTOURETTE to honor Dr. Jean Claude Compas a radiant The FY2001 Legislative Branch Appropria- OF OHIO example of what a premiere physician in this tions Act would cut the FDLP's budget by 61 country should hope to be. percent, from $29.9 million in FY2000 to $11.6 HON. SHERROD BROWN Dr. Compas was born in Port-au-Prince, million in FY2001. By contrast, the Senate's OF OHIO Haiti. After completing his primary education, version of this bill would actually increase the IN THE HOUSE OF REPRESENTATIVES library program's budget by 4 percent. he traveled to France to attend the University Thursday, June 29, 2000 of Lille, where he received his medical degree. The manager's amendment, sponsored by After earning his degree, he migrated to the Representatives TAYLOR and PASTOR, would Mr. KUCINICH. Mr. Speaker, today I honor United States to set up his own practice in restore $95.8 million to this spending bill, in- Mr. Anthony Federico (``Coach'') for his tire- Brooklyn. cluding $14.1 million to the FDLP. This less dedication to youth and his outstanding He is the founder of one of the largest Hai- amendment would bring the total FDLP appro- service to his community. tian owned and operated medical clinics in priation to $25.7 million, or $4.2 million less Coach Federico received his B.S.S degree Brooklyn. In addition to his successful medical than the FY2000 appropriation. While this from John Carroll University, where he later practice, Dr. Compas has dedicated his life to funding cut is still unacceptable, the man- received his masters in counseling and mas- advancing social justice. He has led several ager's amendment would, at the very least, ters in administration. He also received his marches protesting blatant discrimination and allow the FDLP to continue operating into Ph.D. from the American College of Meta- prejudice against Haitians in the United 2001. physical Theology in 1997. Coach Federico States, including the plight of Haitian refugees. Mr. Chairman, the University of Kansas most recently has served as the head football Through his research and publications with the Government Documents and Map Library is coach at Maple Heights High School. Center for Disease Control in Washington, the only regional depository library in the en- Throughout his career, Coach Federico has DC, he helped reverse the unjustified whole- tire state of Kansas. Though other depository taken initiative and transformed the coaching sale labeling of Haitians as a high-risk group libraries exist in my home state, they receive profession. His unique approach to coaching for AIDS by the CDC and the FDA. He also only a small percentage of the documents that inspires and enriches the lives of the young was a major activist on the Abner Louima the Government Documents and Map Library people he comes in contact with. His case, organizing a legion of protests against receives annually. At a regional depository li- unyielding devotion to his students is a reflec- police brutality. brary like the one at KU, individuals can read tion of his admirable character. Coach Jean Claude Compas serves on several a wide range of government documents dating Federico has been the assistant football coach boards of nonprofit organizations, including the from 1789, such as the first Census report for and offensive coordinator at Case Western

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JN8.013 pfrm03 PsN: E30PT1 E1164 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 2000 Reserve University. He has also served as the HONORING EMMA TIBBS AS A RE- took place on October 12, 1999, in athletic director and head coach at many other CIPIENT OF THE DAILY POINTS Pleasanton. On that day, three brave officers schools throughout his career, including Rich- OF LIGHT AWARDS of the law sacrificed their lives in the line of mond Heights, Chanel High, and Willoughby duty. Atascosa Sheriff's deputies Thomas South. He has been a member of the Amer- HON. ERNIE FLETCHER Monse and Mark Stephenson, along with ican Coaches Association for 35 years, and OF KENTUCKY Texas state trooper Terry Miller, were all has also received two ``Coach of the Year'' IN THE HOUSE OF REPRESENTATIVES gunned down in an ambush by a lone gun- awards. man. Two others, City of Pleasanton Police In addition to his tremendous coaching abili- Thursday, June 30, 2000 Officer Louis Tudyk, and a retired U.S. Immi- ties, Coach Federico is the president of Effec- Mr. FLETCHER. Mr. Speaker, today I recog- gration and Naturalization Service agent, Carl tive Goal-Setting Opportunities, Inc., which nize the accomplishments of Mrs. Emma Fisher, were also wounded during the ensuing owns the pending trademark ``The Zone Tibbs from Lexington, Kentucky. She is cur- gunfight. Coach,'' which represents an educational sem- rently serving her second year term as Presi- Carl Fisher, along with Archie Pena, a re- inar designed to assist in creating a game dent of the Fayette County Neighborhood tired local Police Officer, and Wendell Mun- plan for successful and optimal performance Council, an umbrella organization of neighbor- son, a 56-year-old cattle rancher, earned their based on a unique combination, nutrition and hood associations in the county. Heroism Awards by rising to the occasion and fitness. He also created the Goal-Getter, a Mrs. Tibbs was awarded the Daily Points of risking life and limb to come to the aid of the powerful motivational tool built into a standard Light Award for her initiative in taking this fallen police officers. None of them was obli- 12 month calendar. Coach Federico's efforts group and turning it into a positive community gated to do so, yet they decided to make it have been recognized and have resulted in force. This award speaks very strongly about their duty. The tragic incident served as a the creation of a federal grant to help under- both her character and dedication. grave reminder of the risks that law enforce- privileged youths successfully enter the work- We are all proud that the recipient of such ment officers face every day in guarding the place. In addition, he also teaches continuing a prestigious award has come from the 6th peace of our communities. education classes for the department of insur- district of Kentucky. Mrs. Tibbs's acts of gen- ance and real estate. Coach Federico has erosity and community action have set a This tribute extends to include officers of all taken his profession to new heights. His standard of excellence in service to which stripes for the hard work and sacrifices they coaching philosophy reaches beyond the ath- people of all ages should aspire. make throughout the country. Far too often letic field and reaches into the workplace and Congratulations to you Mrs. Tibbs and thank their presence is taken for granted and the personal lives of those who understand the you for your commitment to community serv- risks that they take for our security are not importance of total body wellness. He is not ice. fully comprehended. I hope that this award only a talented coach, but has become a role f can serve as a symbol of our gratitude for all model for all to follow. His tremendous accom- law enforcement officers who fulfill a much- plishments as a coach and an educator are 1999 FLEOA HEROISM AWARD needed task. truly commendable. f Colleagues, please join me in honoring Mr. HON. CIRO D. RODRIGUEZ Anthony Federico for his generous contribu- OF TEXAS HONORING MR. ROBERT SNYDER tions to youth, both on and off the playing IN THE HOUSE OF REPRESENTATIVES field. Thursday, June 29, 2000 HON. GARY G. MILLER f Mr. RODRIGUEZ. Mr. Speaker, in July, in Pleasanton, Texas, the Federal Law Enforce- OF CALIFORNIA TIGERS CLINCH FIFTH NATIONAL ment Officers Association, along with family, IN THE HOUSE OF REPRESENTATIVES TITLE friends and members of the community, gather together to present nine individuals, three of Thursday, June 29, 2000 whom died in the line of duty, with the 1999 HON. RICHARD H. BAKER FLEOA Heroism award. The ceremony will Mr. GARY MILLER of California. Mr. Speak- OF LOUISIANA memorialize the ultimate sacrifice of those er, today I pay tribute to Mr. Robert Snyder on IN THE HOUSE OF REPRESENTATIVES three local Atascosa County lawmen who the occasion of his promotion from the United Thursday, June 29, 2000 were tragically killed last October as well as Parcel Service (UPS) Public Affairs office in the brave acts of the other officers and civil- Washington, DC to the company's Corporate Mr. BAKER. Mr. Speaker, I am honored to ians. These individuals will be honored for E-Ventures division in Atlanta, Georgia. have this opportunity to congratulate the LSU their outstanding courage and bravery in an- Mr. Snyder began his career with UPS 20 Tiger Baseball Team on winning the 2000 Col- swering the call to duty. years ago as a project engineer in the south- lege World Series and clinching their fifth The FLEOA Awards Program is intended to east region of the United States. In 1997, he NCAA championship in ten years. honor its fellow peers not only from across the was promoted to the public affairs office in The final game of the College World Series nation but also from Canada, Mexico, Thai- Washington, DC where he was responsible for promised to be very exciting and to the fans land, Bahamas and Columbia. The following working with Members of Congress on legisla- of this series, it lived up to this expectation. individuals have been selected as recipients of tive priorities that would affect the freight in- Stanford, the College World Series Team of the 1999 Heroism Award, the first three of dustry. At the same time, he oversaw UPS's the 80's, fought a hard battle against the LSU which are to be awarded posthumously: worldwide environmental program and the de- Tigers, the College World Series Team of the Police Officer Thomas Monse—Atascosa velopment of more than 20 facilities across the 90's, to determine who would claim the title in County Police country. In this capacity, he helped engineer 2000. And with a lot of sweat, hard work and Officer Mark Stephenson—Atascosa County the industry's first recyclable envelope, a prod- determination, that decision was made in the State Trooper Terry Miller—Texas Depart- uct providing economic benefit to UPS and an ment of Public Safety bottom of ninth inning when the LSU Tigers environmental benefit to the world community. rallied from a 5±2 deficit to win the NCAA Police Officer Louis Tudyk—Pleasanton, championship, beating the Stanford Cardinals Texas Part of UPS's global network of trade in- 6±5. Supervisory Deputy David Sligh—San Anto- cludes the use of Ontario International Airport nio, Texas It is with tremendous pride that I congratu- in Ontario, California, part of the district I rep- Carl Fisher—Court Security Officer—INS Re- resent. With Mr. Snyder's leadership, the com- late LSU Coach Skip Bertman and all the tired—Pleasanton, Texas players of the LSU Baseball Team for a great Wendell Munson—Atascosa County pany has expanded its use of the facility, game. I know that both the coach and the Archie Pena—Retired Police Officer— transforming it to the company's western gate- players gave the game their entire heart and Atascosa County way to the world. demonstrated to baseball fans all around this Oscar De La Cruz—Pleasanton, Texas Mr. Snyder has been a good friend to many country what a good baseball game is made Many national and international nominations in Washington, DC, including my office. of. I salute you and look forward to seeing for the awards were received. Seven of the Today, I acknowledge his commitment and LSU win more College World Series titles in awards were given to those officers and civil- achievements and sincerely wish him and his the future. ians who were involved in the sad event that family prosperity and success in the future.

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JN8.016 pfrm03 PsN: E30PT1 June 30, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1165 INTRODUCTION OF THE LOW-IN- He was born on March 13, 1915, in St. reer as a law clerk to a judge of the Superior COME WIDOWS ASSISTANCE ACT Paul, MN, and was the son of Dwight and Ora Court of the District of Columbia. He also has OF 2000 Woods Reed. Coach Reed grew up in St. Paul held a variety of positions with the United and was a football, basketball, and track star States Department of Justice, the New York HON. RON LEWIS at George Washington High School. He at- State Attorney General, the NYNEX Corpora- OF KENTUCKY tended college at the University of Minnesota, tion, and the New York City Corporation Coun- IN THE HOUSE OF REPRESENTATIVES where he received his bachelors and masters sel. During his legal practice, Mr. Grannum Thursday, June 29, 2000 degrees and was an All-American member of was responsible for handling and supervising three national championship football teams. In complex litigation, including trials, appeals, Mr. LEWIS of Kentucky. Mr. Speaker, I rise addition, he was an intramural light-heavy- and regulatory proceedings. As a law student, today with my colleague Representative ERNIE weight boxing champion. he taught a legal writing and research course FLETCHER in introducing the Low-Income Wid- After 3 years of coaching three sports at the at Georgetown University Law Center. ows Assistance Act of 2000. high school level, Coach Reed played semi- Mr. Speaker, please join me in thanking You may be as amazed as I was to dis- pro basketball for the Galloping Gophers. Fol- Colvin W. Grannum for his selfless service to cover that if a senior has a dramatic drop in lowing his basketball career, Reed served a the community of Brooklyn. Also, please join income, whether do to the loss of a spouse or four-year tour of duty in the Army during World me in wishing him the best in his future en- other reason, no one in government alerts the War II. He was involved in combat in Italy. deavors on ``Building on community strength.'' senior that they may be eligible for assistance In 1949, Coach Reed moved to Jefferson f with their Medicare premiums and co-pays. City and began his coaching career at Lincoln This means the 82-year-old senior who just University. Reed was LU's football coach for DEPARTMENTS OF COMMERCE, lost a spouse and is now responsible, many 23 years and posted a career record of 135± JUSTICE, AND STATE, THE JUDI- times for the first time, for taking on the tasks 75±6. Reed also served as the athletic direc- CIARY, AND RELATED AGENCIES of paying the bills on a drastically lower in- tor, eight years as women's track coach and APPROPRIATIONS ACT, 2001 come may not know they can get much need- three years as men's basketball coach. SPEECH OF ed help with medical expenses. Among his accomplishments as a football It just makes sense to me that Federal Gov- coach were two undefeated seasons in 1952 ernment should seek to aid such seniors when HON. DENNIS MOORE and 1953 and four league championships. In they need the help the most. Especially when OF KANSAS addition, he produced two NFL All-Pro stars the Social Security Administration presently IN THE HOUSE OF REPRESENTATIVES which include current Lincoln assistant Lemar has the ability to identify those who may qual- Thursday, June 22, 2000 Parrish, and Canadian Football Hall of Famer ify for assistance. Leo Lewis. As a tribute to Coach Reed's ca- Since 1988, Congress has provided finan- The House in Committee of the Whole reer, the Lincoln University football stadium House on the State of the Union had under cial assistance to qualified low-income seniors and track were named in his honor in 1985. consideration the bill (H.R. 4690) making ap- in covering costs under the Medicare program. Coach Reed's hard work and dedication propriations for the Departments of Com- Despite the growing number of elderly taking throughout his career has impacted the lives merce, Justice, and State, the Judiciary, and advantage of the assistance, reports have related agencies for the fiscal year ending of many. shown some are being left out because they September 30, 2001, and for other purposes: Mr. Speaker, Dwight Reed will be greatly are not aware of the programs. missed by all who knew him. I know the mem- Mr. MOORE. Mr. Chairman, I rise today in The Social Security Administration reports bers of the House will join me in extending my opposition to H.R. 4690, the FY 2001 Com- that 40 percent of non-married women (a cat- heartfelt condolences to his family: his wife of merce-Justice-State-Judiciary appropriations egory that includes women) rely on Social Se- 58 years, Hiawatha; one son, Kenneth L. bill. This bill is more than $2 billion below cur- curity benefits for 90 percent of their income in Reed; one stepson, Marvin Reed, five grand- rent funding levels, achieving these reductions comparison to only 18 percent of married cou- children and five great-grandchildren. by making unacceptable cuts in several key ples. Amazingly, one-fourth of non-married f areas. women relies on Social Security retirement Among these cuts is the $201 million reduc- benefits as their sole source of income. HONORING COLVIN W. GRANNUM tion in the President's gun enforcement initia- This legislation seeks to make these seniors tive request. This initiative would provide fund- aware of the additional benefits they may be HON. EDOLPHUS TOWNS ing to hire federal, state, and local prosecutors entitled to because of their income by directing for gun crimes. As a former district attorney, I the Social Security Administration to mail a OF MARYLAND IN THE HOUSE OF REPRESENTATIVES know that the unfortunate reality is that our ju- notification to Social Security recipients it iden- dicial system is seriously lacking the resources tifies as possibly being eligible. This notifica- Thursday, June 29, 2000 it needs to see that each gun crime receives tion will instruct the beneficiary on whom they Mr. TOWNS. Mr. Speaker, I am proud to strong legal inquiry. There are existing laws can contact to determine whether they qualify honor and celebrate the achievements of that can be enforced in order to lessen the for assistance. Colvin W. Grannum, the founding director and prevalence of gun violence in our commu- It further directs the Social Security Adminis- the chief executive officer of Bridge Street De- nities. Without the proper tools, adequate tration to provide the states with a list annually velopment Corporation. Bridge Street Develop- manpower, and financial resources, however, of names it has identified to aid the states in ment Corporation is a faith based non-profit these laws will be less likely to serve their in- enrolling these deserving seniors. organization, affiliated with Bridge Street Afri- tended purpose. I hope my colleagues will join with me in can Wesleyan Methodist Episcopal Church in Mr. Chairman, this bill also cuts other critical making the government more consumer Brooklyn, NY. law enforcement programs, such as the ad- friendly to our seniors who need our help by Mr. Grannum's motto is ``Building on Com- ministration's Community Oriented Policing cosponsoring this legislation. It will be a great munity Strength.'' His vision is to restore Bed- Service (COPS) program. H.R. 4690 provides comfort to our seniors, many of who are wid- ford Stuyvesant to the ranks of the most desir- only $595 million, 55 percent less than the ows, to know they can receive assistance with able communities for parenting and doing $740 million requested for the COPS program. important and often expensive medical costs. business. Under Mr. Grannum's leadership, These deep cuts come at the expense of sev- f BSDC has grown to over a $2 million oper- eral important initiatives within the overall IN MEMORY OF DWIGHT T. REED ation with 300 units of housing in the develop- COPS program. This bill does not provide ment pipeline in only its first four years of ex- funding for a COPS community prosecutors HON. IKE SKELTON perience. BSDC also has obtained preliminary program for which $200 million was requested. It does not fund a new crime prevention pro- OF MISSOURI approval for $2 million in start up financing for two locally-owned businesses. Finally, to help gram for which $135 million was requested. IN THE HOUSE OF REPRESENTATIVES begin to close the digital divide, Mr. Grannum Finally this bill underfunds, by 37 percent, the Thursday, June 29, 2000 has used BSDC to establish a community request for public safety and community polic- Mr. SKELTON. Mr. Speaker, it is with deep computer lab and Internet access facility. ing grants. sadness that I inform the House of the death In addition to being a community leader, Mr. This FY 2001 Commerce-Justice-State ap- of Dwight Reed, of Jefferson City, MO. He Grannum has also practiced law for 17 years propriations bill also fails to fund the $21 bil- was 85. as a litigation attorney. He started his legal ca- lion authorization to ensure proper monitoring

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JN8.020 pfrm03 PsN: E30PT1 E1166 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 2000 and compliance with international trade agree- have this opportunity and I wish Dr. Jacobsen school. She attended Columbia Law School, ments. These monies were authorized as part all the best. majoring in corporate law. Afterwards, she of a bipartisan agreement that this House f joined Mayor N. Dinkins' administration as an passed along with PNTR with China just a few assistant to the President of the NYC Health weeks ago. While approval of PNTR was in IN HONOR OF THE SHAOLIN and Hospitals Corporation. That provided an PERFORMING GROUP our national interest, this bipartisan proposal introduction to the field of health care adminis- was offered to address congressional con- tration for Ms. Jacobs, and she realized from cerns about Chinese compliance with their HON. DENNIS J. KUCINICH that experience. ``. . . how many people in WTO obligations, human rights practices in OF OHIO New York were not receiving medical care and China, and Taiwan's entry into the WTO. I am IN THE HOUSE OF REPRESENTATIVES how important it was to provide all New York- disappointed that the leadership reneged on Thursday, June 29, 2000 ers, regardless of ethnicity, race, or social its commitment to provide funding for this im- class, or access to high quality health care.'' Mr. KUCINICH. Mr. Speaker, I rise to pay portant monitoring and compliance agreement. After the Dinkins administration she returned tribute to the Shaolin Performing Group, a Mr. Chairman, because of these and other to the practice of law. Throughout the years, group of young children ages 6±18 from China funding shortfalls, and because the bill con- Ms. Jacobs has been active in the alumni as- who will be visiting Cleveland to participate in tains objectionable riders, such as preventing sociations of her college and law school, and the use of funds to move forward on imple- the Wushu Kungfu Extravaganza Weekend on July 8 and 9, 2000. This weekend event is a she has helped to raise funds for many com- menting the Kyoto Protocol, I will be voting munity and political organizations. ``no'' on H.R. 4690 and urge my colleagues to special cultural, sporting and educational ex- do so as well. change between the East and the West. The Recently, William F. Green, the Chairman of f Shaolin Performing Group, along with their LBJ's Board of Directors talked with Ms. Ja- coach Grandmaster Zhu, will be visiting the cobs about the changing health care land- DOCTOR MAKES POSITIVE IMPACT United States for the first time. scape and LBJ's developing role in it. After the IN CARVILLE, LA, COMMUNITY This impressive group of young athletes meeting Ms. Jacobs reflected on taking the train for years under the Shaolin monks in reins of this proud clinic which, for 32 years, HON. RICHARD H. BAKER China and demonstrate incredible feats of has been integral to the health and well being OF LOUISIANA martial art skills. These children, who attend of Bedford-Stuyvesant. She quickly realized IN THE HOUSE OF REPRESENTATIVES the Zhengzou Martial Arts Major Institute, rep- that it was the opportunity of a lifetime. And, resent China in promoting cultural and edu- Thursday, June 29, 2000 we are grateful for her ability to seize this op- cational exchange. Their teacher, portunity. Mr. BAKER. Mr. Speaker, I am honored to Grandmaster Tianxi Zhu, is the director of this Mr. Speaker I ask you and my colleagues to have the opportunity to congratulate Dr. Rob- institute, and is a Chinese Wushu Degree 7. join me in honoring the contributions of Audrey ert Jacobsen upon his retirement as Director He earned the international outstanding Lee Jacobs. Our community, state, and nation of the National Hansen's Disease Programs Wushu achievement gold medal and was the are grateful for her dedicated service. and the Gillis W. Long Hansen's Disease Cen- first place winner of Shaolin Kungfu in the 7th ter in Carville, Louisiana. During his distin- World Cup Wushu Championships. The chil- f guished 33-year career at the center, Dr. Ja- dren under his tutelage demonstrate amazing cobsen played an important role in helping to speed, discipline, and skill. RIO GRANDE CITY, TX, STUDENTS define the evolving leprosy chemotherapeutic My fellow colleagues, please join me in pay- WIN THE WORLD CHAMPIONSHIP regimens that are the key features of the ing tribute to this exceptional group of ath- TITLE IN THE ODYSSEY OF THE world elimination program for this disease. letes, the Shaolin Performing Group, and wel- MIND CONTEST Dr. Robert Jacobsen, a native of Austin, coming them to the United States for their per- Minnesota, received his B.A. in Chemistry and forming tour. Math from the University of Minnesota in f 1954, his Ph.D. in Organic and Physical HON. CIRO D. RODRIGUEZ Chemistry from the University of Wisconsin in HONORING AUDREY LEE JACOBS OF TEXAS 1958 and his M.D. from the University of Min- nesota in 1962. Jacobsen started his career HON. EDOLPHUS TOWNS IN THE HOUSE OF REPRESENTATIVES with the Public Health Service as Chief of OF NEW YORK Thursday, June 29, 2000 Medicine at the U.S. Public Health Service IN THE HOUSE OF REPRESENTATIVES Hospital, Carville, LA, which later became the Mr. RODRIGUEZ. Mr. Speaker, today I rec- Gillis W. Long Hansen's Disease Center; a po- Thursday, June 29, 2000 ognize the Odyssey of the Mind world-cham- sition that he held until 1992. In addition, Dr. Mr. TOWNS. Mr. Speaker, it gives me great pion team members, coaches, and parents of Jacobsen also served as Chief of Clinical pleasure to rise today to honor Audrey Lee Ja- Ringgold Elementary School in Rio Grande Branch from 1978 to 1992. cobs. She is president and chief executive offi- City, TX. At the Odyssey of the Mind world His numerous awards and recognitions in- cer of Lyndon Baines Johnson Health Com- championship competition for pre-teens, this clude the Public Health Service's Commenda- plex. After years of working throughout the select group of 5th graders captured the world tion Medal, Meritorious Service Medal, and United States for several of the world's largest title. This banner accomplishment reflects the Distinguished Service Medal, as well as the corporation, Ms. Jacobs is pleased to be re- competitors' academic commitment, keen Secretary's Award for Distinguished Service. turning to serve the Brooklyn community in imagination, creativity, and countless hours of Dr. Jacobsen has also served on numerous which she was born. She is a great product of preparation. international advisory boards including the Tu- the New York City Public school system, grad- Odyssey of the Mind, a worldwide creative berculosis Task Force of the Centers for Dis- uating from Andrew Jackson High School as problem-solving, engages students in exer- ease Control and Prevention, the World Health one of the top students in her class. Audrey cises that challenge their critical thinking skills. Organization's Working Group on Leprosy attended Vassar College on a full scholarship More than 1 million participants in 50 states Control, the International Leprosy Association, and majored in psychology. and 20 countries around the world compete in and the World Health Organization's Special Ms. Jacobs developed a keen interest in various age and subject categories. The Action Projects for the Elimination of Leprosy. business as she watched her entrepreneurial In addition to Dr. Jacobsen's lifelong com- parents establish and run their own small busi- world-champion Odyssey of the Mind team mitment to leprosy research, treatment and nesses. She began her career in marketing, members, Jessica Chapa, Ashley Escobar, eradication, I would also like to recognize and working for several multi-national corporations, Justin Guzman, Karah Hiles, Leonel Lopez III, thank him for his help in making the transition including Mobil Oil Corporation and AT&T. Armando R. Vela, and Valerie Villarreal, dem- from the Gillis W. Long Hansen's Disease She wanted to broaden her base of skills and onstrated world-class dedication to earn this Center to the Carville Academy a smooth one. knowledge in business, so in 1985, she en- international recognition. He can take great pride in knowing that his ef- tered the University of Texas at Austin. In I join the people of Rio Grande City, TX, forts at the center have not only helped his 1988, she was awarded her Masters in Busi- and the United States, to commend the trophy patients, but will also help thousands of youth ness Administration degree and realized how winners for capturing the world championship for years to come. Again, it is an honor to important education was and went on to law title of the Odyssey of the Mind competition.

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JN8.024 pfrm03 PsN: E30PT1 June 30, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1167 HONORING JACQUELINE Y. SMITH INTRODUCTION OF LEGISLATION BREAST CANCER RESEARCH AND DEBORAH L. DYOR AS TO RENAME THE POST OFFICE STAMP REAUTHORIZATION ACT SMALL BUSINESS PEOPLE OF IN CARROLLTON, GEORGIA OF 2000 THE YEAR AFTER THE HONORABLE SAM ROBERTS HON. RICK LAZIO HON. ERNIE FLETCHER OF NEW YORK OF KENTUCKY HON. BOB BARR IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OF GEORGIA Thursday, June 29, 2000 Thursday, June 29, 2000 IN THE HOUSE OF REPRESENTATIVES Mr. FLETCHER. Mr. Speaker, it's an honor Thursday, June 29, 2000 Mr. LAZIO. Mr. Speaker, I rise to introduce to speak today on behalf of two women from the bill entitled the Breast Cancer Research Lexington, KY, who have been named Small Mr. BARR of Georgia. Mr. Speaker, I rise Stamps Reauthorization Act of 2000. Business People of the Year. Jacqueline Y. today to introduce legislation to rename the Breast cancer is the most commonly diag- Smith and Deborah L. Dyor, have within a post office located in Carrollton, Georgia, after nosed cancer among women in the United decade successfully turned their drug-research the Honorable Sam Roberts. States. More than 2 million American women company, Central Kentucky Research Associ- Sam Roberts was born on April 10, 1937, in are currently living with the disease, 1 million ates into a million-dollar company. Rome, Georgia. After obtaining a degree in in- of whom have yet to be diagnosed. This year These two women began their company in surance and risk management from Georgia alone, 182,800 women will be diagnosed with 1991 with a mere $50 and by 1999 had netted State University in 1963, Sam Roberts delved breast cancer. Over 40,000 of them will lose sales of $1.6 million. It's an honor for me to into a career of management, heading Roberts their battle with this killer. recognize the determination and commitment Insurance Agency. After many years in this Breast cancer has taken an awful toll on the these two Central Kentuckians have exhibited profession, Sam decided to run for the Geor- people of my home state. New York has the over the past 10 years. Their company con- gia State Senate. He won his Senate seat to second-highest breast cancer mortality rate in ducts the tests required before the U.S. Food represent District 30 in 1996, and was re- the country. Between 1980 and 1994, the inci- and Drug Administration approves new drugs elected in 1998. His second term was trag- dence of breast cancer in New York increased or approves new uses for drugs already on ically cut short after his untimely death after a nearly 18 percent. Enactment of this bill will go the market. long bout with cancer, on January 3, 2000, in a long way toward helping our effort to in- The sacrifices of these two women have Douglasville, Georgia. crease funding for breast cancer research. been enormous, as they resigned positions Throughout his life, State Senator Sam Rob- Only through the help of continued cancer re- and ventured out to begin Central Kentucky erts was involved in countless community or- search have more and more people become Research Associates. Their efforts are most ganizations and civic clubs, including: Presi- cancer survivors in recent years. worthy of the Small Business People of the dent of the Sertoma Club and the Douglas Since the issuance of the Breast Cancer Year Award. County Rotary Club; National Director of the Research stamp in the summer of 1998, 164 Small businesses are the backbone of a U.S. Jaycees (Government Affairs); and State million Breast Cancer Research stamps have community and epitomize the entrepreneurial Vice President of the Georgia Jaycees. been sold raising over $12 million for breast spirit that has long existed in our country. The He also served on the Board of Directors of cancer research. The stamp provides a con- hard work of small businesses owners, such the American Cancer Society and the March venient avenue for participation in the battle as these two women, have allowed many gen- of Dimes. He was the Chaplain of the Flint Hill against this horrible disease. Unfortunately, erations of Americans to achieve the suc- Masonic Lodge. Sam Roberts was a member without congressional intervention, the stamp cesses and rewards our nation offers to all its of the Douglas County Development Authority will expire on July 28, 2000. Valuable research citizens. I salute Jacqueline Smith and Debo- and the Douglas Chamber of Commerce. He funds, as well as a mechanism to heighten rah Dyor for their dedication and drive, which was also a youth football coach for 20 years. public awareness of this horrible disease, will has and will continue to benefit not only the Sam Roberts received numerous community be lost. people of Kentucky, but all of America. and civic awards, such as Who's Who in This bill, The Breast Cancer Research f Georgia, and Small Business Person of the Stamp Reauthorization Act of 2000 would ex- Year from the Douglas County Chamber of tend the sale of the Breast Cancer Research PERSONAL EXPLANATION Commerce. He was also Associate of the stamp for an additional two years. The stamp Year of the Douglas County Home Builders would continue to cost 40 cents and sell as a HON. STEVEN R. ROTHMAN Association. Sam was admitted to the first class stamp. The additional funds that are Carrollton Trojan Hall of Fame, and was a raised will go directly to breast cancer re- OF NEW JERSEY Jaycees International Senator. search at the National Institutes of Health and IN THE HOUSE OF REPRESENTATIVES While serving in the Georgia State Senate, the Department of Defense. Wednesday, June 28, 2000 Sam Roberts worked extremely hard for swift I am pleased to report that this reauthoriza- Mr. ROTHMAN. Mr. Speaker, On June 19, and strong punishment of criminals, to im- tion bill has tremendous support throughout 2000, and on June 23, 2000, because I was prove education for children, and to make our the health community. Supporters of the attending personal family events, I was not state government more efficient. Before he Breast Cancer Stamp Reauthorization Act of present to record my votes on rollcall votes passed away, he had introduced Senate Bill 2000 include the American Cancer Society, No. 293 and No. 319. These votes pertained 69, which was pushed through by lawmakers the American Medical Association, the Y-Me to striking language in the Fiscal Year 2001 as a tribute to Sam Roberts. The bill dispels National Breast Cancer Organization, Leader- VA±HUD and Commerce-Justice-State Judici- the need to carry an insurance card to prove ship America, the National Association of ary Appropriations bills which prohibited agen- coverage and allows for computerized records Women's Health, the American Cancer cies of the Federal Government from using of coverage and renewals. League, the American College of Surgeons, funds to pursue lawsuits against tobacco com- Sam Roberts was a resident of Douglas Friends of Cancer Research, and many oth- panies. County for more than 30 years. He was a ers. Because I strongly believe that the tobacco member of Heritage Baptist Church, with his A Breast Cancer Research Stamp remains companies must be held responsible for the wife, Sue. Sam is also survived by three chil- just as necessary today as it was when this millions of dollars in health care expenses that drenÐSherrie, Beau, and Amber. authority was signed into law two years ago. the Federal Government has paid for tobacco Mr. Speaker, the career of Senator Sam According to the American Association for related illnesses through federally funded RobertsÐas a professional, as a legislator, as Cancer Research, 8 million people are alive health care programs, had I been present for a community leader, and as a family manÐ today as a result of cancer research. To say these votes, I would have voted as follows: clearly demonstrates why we should name this that every dollar we continue to raise will save On rollcall vote No. 293, 1 would have voted Post Office in his community, in his honor. I lives, can only underscore the importance of ``aye.''. ask you and my colleagues to join me in re- this legislation. On rollcall vote No. 319, 1 would have voted naming the U.S. Post Office in Carrollton, I urge my colleagues to join me in enacting ``aye''. Georgia, after the Honorable Sam Roberts. this important legislation.

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JN8.028 pfrm03 PsN: E30PT1 E1168 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 2000 HONORING DR. ORAN LITTLE’S 12 People (NAACP), and Dr. W.E.B. Dubois, edi- ty. He is a Councilman in the Borough of Cliff- YEARS OF SERVICE AS THE UNI- tor of the Crisis magazine pressured the War side Park, and is also Vice-President of the VERSITY OF KENTUCKY’S DEAN Department to establish a training camp that Bergen County 200, Trustee to the Greater OF AGRICULTURE resulted in the commissioning of more than Pascack Valley Chamber of Commerce, and 1,300 black officers; Legal Counsel for the Italian-American Police HON. ERNIE FLETCHER Whereas today, the NAACP notes signifi- Society of New Jersey. OF KENTUCKY cant improvement in the status of African Brian has given much to the State of New IN THE HOUSE OF REPRESENTATIVES Americans serving in the defense of the Na- Jersey and to his community, and he well de- tion; substantial portions of America's working serves the honor of the ``Christopher Colum- Thursday, June 29, 2000 population are directly or indirectly employed bus Citizenship Award'' that has been be- Mr. FLETCHER. Mr. Speaker, it's an honor by the Department of Defense as uniformed stowed upon him by the Italian-American Po- to speak today on behalf of Dr. Oran Little military personnel, Federal employees, or De- lice Society of New Jersey. My congratulations who is stepping down from his position at The partment of Defense contractors/sub-contrac- and appreciation go out to Brian and his won- University of Kentucky as the Dean of Agri- tors and African Americans compose signifi- derful family, and I take great pleasure in rec- culture. For twelve years Oran Little, has been cant percentages of this work force; these sta- ognizing him today. not only the Dean of Agriculture at the Univer- tistics represent employment, training, and f sity of Kentucky but also the Director of the educational opportunities for African American Kentucky Agricultural Experiment Station, the youth; INTRODUCTION OF LEGISLATION Director of the Kentucky Cooperative Exten- Whereas July 12, 2000, the Silver Anniver- TO RENAME THE FEDERAL sion Service and a Professor of Animal sary of the Armed Services and Veterans Af- COURTHOUSE IN ROME, GA, Science. For Dean Little's commitment to edu- fairs Military Awards Dinner marks the untiring AFTER THE HONORABLE LAW- cation and his many years of service, I salute efforts of the NAACP to ensure equal oppor- RENCE PATTON McDONALD him. tunity in the Department of Defense through a Oran Little is a leader in the Lexington com- national recognition program to award individ- HON. BOB BARR munity and his dedication to the youth of the uals within the Department of Defense who OF GEORGIA University of Kentucky will never be forgotten have made significant contributions to pro- IN THE HOUSE OF REPRESENTATIVES by the many people he has touched over the moting equal opportunity and civil rights; Thursday, June 29, 2000 years. I commend Dean Little and thank him Whereas the NAACP does not hesitate to for his outstanding service to Fayette County. confront the Defense Department whenever Mr. BARR of Georgia. Mr. Speaker, today I During his tenure, the University of Kentucky's issues involving civil rights are in question; the rise to introduce legislation to rename the fed- academic, research, and extension programs national awards program testifies to the efforts eral courthouse located in Rome, GA, in the have provided invaluable services to the Com- of the Department of Defense and the Uni- 7th District, after the Honorable Lawrence Pat- monwealth of Kentucky and have gained sub- formed Services to stay the course and im- ton McDonald. Several members in this stantially in national and international recogni- prove upon the Department of Defense and Chamber today had the privilege of serving tion. the Uniformed Services to become introspec- with Congressman McDonald and I have the Dean Little's determination to constantly im- tive and as equal opportunity-related issues distinct honor to represent his congressional prove the University of Kentucky's facilities emerge, to remain vigilant and keenly aware district. has led to many new competitive research and of the civil rights implications. Lawrence Patton McDonald was born on technology capabilities which will eventually Be it Resolved finally That this NAACP na- April 1, 1935, in DeKalb County, GA. After re- result in new opportunities for crop diversifica- tional recognition program continue to cul- ceiving a doctorate in Medicine from Emory tion, as well as new science based information minate in an awards banquet and ceremony University in 1957, Lawrence, or ``Larry,'' on agricultural techniques. I thank you Oran with pageantry commensurate with the high McDonald courageously served his country for Little for helping to mold and develop the Uni- honor and dignity bestowed upon the award four years, primarily as an overseas flight sur- versity of Kentucky's Agriculture Department recipients. geon. In 1966, he settled in Cobb County into what it is today. f where he practiced medicine. During his med- f ical career he was a member of the State HONORING BRIAN R. MARTINOTTI Medical Education Board, the National Historic SILVER ANNIVERSARY OF THE Society, and the Cobb County Chamber of ARMED SERVICES AND VET- HON. STEVEN R. ROTHMAN Commerce. ERANS AFFAIRS MILITARY OF NEW JERSEY On January 1, 1975, Larry McDonald began AWARDS DINNER IN THE HOUSE OF REPRESENTATIVES his first term in Congress. Congressman McDonald dedicated his political life to the de- HON. ELIJAH E. CUMMINGS Thursday, June 29, 2000 fense of the United States Constitution. OF MARYLAND Mr. ROTHMAN. Mr. Speaker, I rise today to During his congressional career, Congress- IN THE HOUSE OF REPRESENTATIVES offer my congratulations to a remarkable cit- man McDonald was presented with the De- izen, Brian R. Martinotti of Cliffside Park, New fender of Individual Rights award by the Na- Thursday, June 29, 2000 Jersey, who on May 16, 1999 was honored tional Rifle Association. He was also a mem- Mr. CUMMINGS. Mr. Speaker, whereas the with the ``Christopher Columbus Citizenship ber of the American Pistol and Revolver Asso- leaders of America's Revolutionary War as- Award'' by the Italian-American Police Society ciation, Advisory Board of the National Com- cribed honor, gallantry and patriotism to the of New Jersey. mittee for the Right to Keep and Bear Arms, performance of military duty reserved for free I have know Brian for many years and I Gun Owners of America, National Advisory white men to garner independence, freedom, have always found him to be an outstanding Council of the Second Amendment Founda- liberty and equality from the British Crown; attorney, family man, and a trusted friend. tion, and Citizens Committee for the Right to Whereas Crispus Attucks, a black slave, After earning his undergraduate degree in Keep and Bear Arms. was the first to die while confronting British Business Administration from Fordham Univer- Congressman McDonald was a strong sup- soldiers in the Boston Massacre; 5,000 of sity, Brian received his Juris Doctor from porter of the right to life. He was an active those who fought during the Revolutionary Seton Hall University School of Law. He is a member of the Georgia Right to Life Com- War were black; member of the New Jersey State Bar, and has mittee, Board of Advisors for American Life Whereas the military heritage of African also been admitted to the United States Su- Lobby, Congressional Advisory Council of Americans is as long as the history of a black preme Court Bar and the New Jersey Federal Christian Voice, Advisory Council of Birthright presence in North America; black participa- District Court Bar. of Atlanta, and the National Pro-Life Political tionÐin military actionsÐhas not received ex- In addition to being a partner in the law firm Action Committee. tensive popular support nor has such partici- of Beattie Padovano, where he specializes in Throughout Congressman McDonald's eight pation been undertaken without difficulty; civic litigation, Brian is a tax attorney for the years as a Member of Congress, he received Whereas in 1917, when America entered Boroughs of Fairview and Little Ferry and also many awards and acknowledgments. In 1977, World War I, Dr. Joel Spingarn, then-chairman serves as a public defender in the Borough of he was presented with the Bernardo O'Higgins of the Executive Committee of the National Moonachie. Further, Brian has dedicated Award by the government of Chile. In 1978, Association for the Advancement of Colored many hours to civic activities in Bergen Coun- he was given a certificate of appreciation for

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JN8.036 pfrm03 PsN: E30PT1 June 30, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1169 the National Human Rights Committee for It is time that we recognize the contributions jurisdiction to include the regulation of to- POWs and MIAs. In 1980, the Naval Reserve of these slave laborers, and I am proud today bacco. This is regrettable and ill-advised at Association named him ``Man of the Year,'' to join with Congressman JOHN LEWIS of Geor- this time. At times, there are those who seek and presented him with the Distinguished gia in introducing a resolution to establish a to entangle controversial issues that should Service Award. In 1981, the Congressional special Congressional Task Force which will not be contained in an appropriations meas- Medal of Honor Society presented him with its recommend an appropriate memorial to the la- ure. This is one of those times. distinguished service award for his leadership bors of these great Americans to be displayed Mr. Speaker, I urge my colleagues to op- on national defense issues. He was also hon- prominently here in the Capitol. pose the legislation. ored by the American Security Council for his This year we celebrate the 200th anniver- f work in the same area. Congressman McDon- sary of the first session of Congress to be ald also consistently received the Watchdog of held here in this historic building. I think that's VETERANS’ HEALTH CARE the Treasury Award from the National Federa- a long enough time to go without a public and SPEECH OF tion of Independent Business (NFIB). visible acknowledgement of the incongruous Congressman McDonald had a strong inter- but important historical fact of the significant HON. ROBIN HAYES est in foreign affairs. He was one of six law- contribution of slaves to the construction of the OF NORTH CAROLINA makers selected to attend a three-day con- world's greatest symbol of freedom. IN THE HOUSE OF REPRESENTATIVES ference commemorating the 30th anniversary f Tuesday, June 20, 2000 of the United States Mutual Defense Treaty with South Korea. However, he was the only H.R. 4461, AGRICULTURE Mr. HAYES. Mr. Chairman, I rise today to Member of Congress aboard Korea Airlines APPROPRIATIONS FOR FY 2001 urge my colleagues to oppose this amend- Flight 007 when it apparently strayed into So- ment. This amendment jeopardizes the appro- viet airspace and was shot down without prov- SPEECH OF priations authority granted to Congress by the ocation, by a Soviet fighter, on August 31, HON. SHEILA JACKSON-LEE Constitution and will set a precedent that the 1983. OF TEXAS administration and the President will determine spending instead of the U.S. Congress. I ask Larry McDonald was survived by his wife, IN THE HOUSE OF REPRESENTATIVES Kathy, and his five children, Larry, Lauren, my colleagues to consider the precedent that Tryggvi Paul, Callie Grace, and Mary Eliza- Wednesday, June 28, 2000 this amendment will set with respect to our au- beth. He is remembered for his distinguished Ms. JACKSON-LEE of Texas. Mr. Speaker, thority in Congress to determine spending lev- career in Congress and the many lives he I rise to oppose the rule to H.R. 4461, Appro- els for our country. This amendment is not touched not only in the Seventh Congressional priations for the Department of Agriculture for about tobacco companies, it's about protecting District of Georgia, but across America and FY 2001. Unfortunately, I must oppose the funds for veterans' health care and whether or around the world. rule because the legislation severely under- not you believe in the rule of law. Don't take Mr. Speaker, Congressman Larry McDon- cuts major initiatives for the farming commu- $20 million from veterans' health care or any ald's career clearly demonstrates why we nity. other agency to pay for a lawsuit that history should name this court house in his honor. I The bill reported by committee cuts the and legal precedent say you will not win. That ask you and my colleagues to join me in re- funds requested by the President for curbing would be a tremendous disservice to our vet- naming the federal court house building in monopolistic pricing practices in the food in- erans and our taxpayers. In today's Wash- Rome, GA, after the Honorable Lawrence Pat- dustry. These practices are becoming a matter ington Times, Professor Michael Krauss ar- ton McDonald, deceased Member of Con- of considerable concern in the agricultural sec- gued the very same thing. ``In 1997, Miss gress. tor and are viewed by many farmers as a Reno herself testified before the Senate that f major factor in the continued depression of the Federal Government had no legal basis to farm commodity prices. recover health care expenditures from tobacco ON THE CONTRIBUTION OF Like my colleagues, I am concerned that we companies.'' The Master Settlement Agree- SLAVES TO THE CONSTRUCTION must restore economic health to American ment between the states and the companies OF THE CAPITOL farms. To do that, we must curb the rapid ex- was supposed to remedy this situation. Mr. pansion of monopolistic practices that plague Krauss continues, the ``White House had failed HON. J.C. WATTS, JR. many sectors of the food industry. A dis- to enact its desired 55-cent-per-pack federal OF OKLAHOMA proportionate amount of companies control cigarette, Miss Reno shamelessly filed the IN THE HOUSE OF REPRESENTATIVES cattle purchases, beef processes, and whole- very same lawsuit she had explicitly admitted Thursday, June 29, 2000 sale marketing. And in merely 5 years, we was groundless.'' Mr. WATTS of Oklahoma. Mr. Speaker, have seen the margin between the price paid As Mr. Krauss continues to argue, ``the to- today I am introducing legislation that I believe by farmers and the wholesale price of beef bacco manufacturers never duped the Federal to be critically important in highlighting a dis- jump by 24 percent. Don't we owe more to the Government. Washington has known for dec- turbing but important fact about the history of American farmer? ades that smoking is dangerous. Since 1964, this magnificent building and symbol of free- The administration requested $7.1 million for every pack of cigarettes sold in the United dom, the U.S. Capitol. the U.S. Department of Agriculture's Grain, In- States has carried a federally mandated warn- Every day that we are here in session, our spection, Packers, and Stockyards Administra- ing of the health risks of smoking. So Wash- debates and legislative activities underscore tion (GIPSA) to investigate market concentra- ington has no direct fraud suit against Big To- that this is a living building that embodies tion in agriculture and bring legal actions to bacco.'' In 1997 the Department of Veterans America's greatest principles of democracy stop anti-competitive behavior and other abu- Affairs rejected former soldiers' allegations and liberty. However, one significant historical sive practices. Unfortunately, the Republican that they were sickened by cigarettes which fact about this building is often forgotten, and leadership on the House Appropriations pro- were given to them by the government at no that fact is that much of the construction of vided less than 20 percent of the requested cost until 1974; a full ten years after Wash- this Capitol in the 18th and 19th centuries was funds. Such action casts considerable doubt ington required health warnings. Krauss as- done by slave labor. on the administration's initiative to curb anti- serts that the Federal Government cannot as- As we all know, slavery was not eliminated trust violations by some companies. We can sume the rights of individual smokers to sue across the United States until the ratification of do better, Mr. Speaker. for damages. the 13th amendment in 1865. Before that Some of my colleagues have already em- In 1947, the United States Supreme Court, date, slave labor was both legal and common phasized that the U.S. Department of Justice in U.S. v. Standard Oil, concluded that the throughout the South including the District of cannot bring antitrust action against these cor- Federal Government may not, unless it has Columbia, Maryland, and Virginia. porations giants because federal law reserves expressed statutory to do so, sue third parties Public records attest to the fact that African- that responsibility for the Department of Agri- to recover health care costs. Following the rul- American slave labor was used in the con- culture. At the same time, no one has ever ing, Congress passed the Medical Care Re- struction of the U.S. Capitol. We should re- given the Agriculture Department adequate recovery Act (MCRA), which allows the Govern- member as well that many slaves at that time sources to meet its antitrust responsibilities. ment to recover the medical treatment costs were veterans who had fought bravely for In addition, the bill rejects the administra- given to individual military and federal employ- independence during the American Revolu- tion's request for FDA's tobacco program. Un- ees injured by a third party's negligence. tionary War. fortunately, some still oppose the FDA's valid MARA, however, does not allow the recovery

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JN8.036 pfrm03 PsN: E30PT1 E1170 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 2000 of general Medicare costs. Since its passage, South Korea. They remain a free people today the benefit of these tax credits would begin to not once has Washington made claims for because men of courage and principle would be felt by joint filers with incomes slightly costs incurred by Medicare. not yield to the forces of tyranny. above 18,000 dollars a year or single income The Secondary Payer provisions added to I will share the pride of his family, his com- filers with incomes slightly above 15,000 dol- MARA in 1980 and 1984 give the Federal munity, and his nation on this Fourth of July, lars per year. Clearly this bill will be of the Government authority to recover Medicare when Stan Adams' widow presents his Medal most benefit to low-income Americans bal- costs previously promised to be paid by insur- of Honor to the Oregon Veterans Home in The ancing the demands of taxation with the needs ance companies. However, as noted by Dalles, Oregon. There it will remain for pos- of their children. Krauss, the Secondary Payer provision has terity, a permanent tribute to the bravery and Under the Family Health Tax Cut Act, a never been interpreted to allow the Federal dedication of one of America's greatest he- struggle single mother with an asthmatic child Government to sue alleged wrongdoers, only roes. would at last be able to provide for her child's insurers are allowed. To make recoveries f needs; while a working-class family will not under the Secondary Payer provisions, the have to worry about how they will pay the bills Government must be able to prove the sales THE FAMILY HEALTH TAX CUT if one of their children requires lengthy hos- of tobacco, alone, are responsible for wrong- ACT pitalization or some other form of specialized doing. Considering that Washington has care. played an active part in regulating, sub- HON. RON PAUL Mr. Speaker, this Congress has a moral re- sidizing, promoting and profiting from tobacco OF TEXAS sponsibility to provide low-income parents products while completely aware of its health IN THE HOUSE OF REPRESENTATIVES struggling to care for a sick child tax relief in risks, such proof of autonomous wrongdoing is Thursday, June 29, 2000 order to help them better meet their child's difficult to find. Krauss concludes his article, medical expenses. I would ask any of my col- describing the federal tobacco lawsuit as a Mr. PAUL. Mr. Speaker, today I attempted leagues who would say that we cannot enact ``thinly veiled quest for billions in federal rev- to help working Americans provide for their the Family Tax Cut Act because it would enue,'' unobtainable through the U.S's con- children's health care needs by introducing the cause the government to lose too much rev- stitutional taxing process. Family Health Tax Cut Act. The Family Health enue, who is more deserving of this money, For my friends on the other side who be- Tax Cut Act provides parents with a tax credit Congress or the working-class parents of a moan any kind of reduction in government of up to $500 for health care expenses of de- sick child? spending, it's almost amazing they are work- pendent children. Parents caring for a child The Family Health Tax Cut Act takes a ing to cut funding for veteran health care and with a disability, terminal disease, cancer, or major step toward helping working Americans for military families, just to advance the polit- any other health condition requiring special- meet their health care needs by providing ical agenda of the administration. I strongly ized care would receive a tax credit of up to them with generous health care related tax urge my colleagues to vote against this $3,000 to help cover their child's health care cuts and tax credits. I urge my colleagues to amendment. expenses. The tax credit would be available to support the pro-family, pro-health care tax cuts f all citizens regardless of whether or not they contained in the Family Health Tax Cut Act. itemize their deductions. f COMMEMORATING THE HEROISM The tax credits provided in this bill will be OF STANLEY T. ADAMS, RECIPI- especially helpful to those Americans whose INTRODUCTION OF A BILL TO ENT OF THE CONGRESSIONAL employers cannot afford to provide their em- AMEND THE NATIONAL OCEANIC MEDAL OF HONOR ployees health insurance. These workers must AND ATMOSPHERIC ADMINISTRA- struggle to meet the medical bills of them- TION AUTHORIZATION ACT OF HON. GREG WALDEN selves and their families. This burden is espe- 1992 OF OREGON cially heavy on parents whose children have a IN THE HOUSE OF REPRESENTATIVES medical condition, such as cancer or a phys- HON. BENJAMIN L. CARDIN ical disability, which requires long-term or spe- Thursday, June 29, 2000 OF MARYLAND cialized health care. IN THE HOUSE OF REPRESENTATIVES Mr. WALDEN of Oregon. Mr. Speaker, it is As an OB±GYN who has had the privilege not necessary for me to explain the signifi- of delivering more than four thousand babies, Thursday, June 29, 2000 cance of the Congressional Medal of Honor. I know how important it is that parents have Mr. CARDIN. Mr. Speaker, the legislation Its storied history, and the legend of the he- the resources to provide adequate health care which I am introducing, which is a companion roes who have won it, is well known to most for their children. The inability of many working bill to the one introduced by Senator SAR- Americans. With this decoration, the nation Americans to provide health care for their chil- BANES, would provide NOAA with additional re- pays tribute to the bravest among its warriors, dren is rooted in one of the great inequities of sources and authority necessary to ensure its the men whose courage serves as a timeless the tax code: Congress' failure to allow individ- continued full participation in the Bay's res- inspiration to their comrades and a reminder uals the same ability to deduct health care toration and in meeting with goals and objec- of the fierceness of the American people to costs that it grants to businesses. As a direct tives of the recently signed Chesapeake 2000. our enemies. result of Congress' refusal to provide individ- First, this measure would move administration Among its winners is Stanley T. Adarns, a uals with health care related tax credits, par- and oversight of the NOAA Bay Office from veteran of the Korean war. Serving as a mem- ents whose employers do not provide health the National Marine Fisheries Service (NMFS) ber of Company A, 19th Infantry Regiment, insurance have to struggle to provide health to the Office of the Undersecretary to help fa- then-Sergeant First Class Adams distin- care for their children. Many of these parents cilitate the pooling of all of NOAA's talents and guished himself above and beyond the call of work in low-income jobs; oftentimes their only take better advantage of NOAA's multiple ca- duty in action against an overwhelming hostile recourse to health care is the local emergency pabilities. In addition to NMFS there are four force. On February 4, 1951, Adams and his room. other line offices within NOAA with programs company came under intense attack by an es- Sometimes parents are forced to delay and responsibilities critical to the Bay restora- timated 250 enemy troops. Against this seeking care for their children until minor tion effortÐthe Office of Oceanic and Atmos- daunting force, Adams led a valiant bayonet health concerns that could have been easily pheric Research, National Ocean Service, Na- charge, supported by only a handful of his treated become serious problems requiring ex- tional Weather Service, and National Environ- own men. Despite sustaining painful wounds, pensive treatment! If these parents had ac- mental Satellite, Data and Information Service. he charged the enemy position and engaged cess to the type of tax credits provided in the Getting these different line offices to pool their in vicious hand-to-hand combat for more than Family Health Tax Cut Act they would be bet- resources and coordinate their activities is a an hour without rest. Due to the determination ter able to provide care for their children and serious challenge when they do not have a di- of Adams and the men under his charge, the our nation's already overcrowded emergency rect stake or clear line of responsibility to the surviving enemy retreated in confusion, re- room facilities would be relieved of the burden Chesapeake Bay Program. Placing the NOAA moving the threat to the larger American force of having to provide routine care for people Bay office within the Under Secretary's Office in the area. who otherwise cannot afford any other alter- will help assure the coordination of activities Perhaps no greater testament to his gallant native. across all line organizations of NOAA. service exists than the freedom Adams and According to research on the effects of this Second, the legislation authorizes and di- his fellow soldiers bequeathed to the people of bill done by my staff and legislative counsel, rects NOAA to undertake a special five-year

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JN8.039 pfrm03 PsN: E30PT1 June 30, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1171 study, in cooperation with the scientific com- the current level of $2.5 million to $6 million tor, of Humble; one brother, Russell Murdoch munity of the Chesapeake Bay and appro- per year to enhance current activities and to of Dallas; one granddaughter, Melissa, and priate other federal agencies, to develop the carry out these new initiatives. For more than her husband, Scott Eeds, of Whitehouse; two knowledge base required for understanding a decade, funding for NOAA's Bay Program grandsons, Lance and Evan Cavazos of Hum- multi-species interactions and developing has remained static at an annual average of ble; and one greatgranddaughter, Emily Eeds, multi-species management plans. To date, $1.9 million. If we are to achieve the ultimate, of Whitehouse. fisheries management in Chesapeake Bay and long-term goal of the Bay ProgramÐpro- Mr. Speaker, Bob Murdoch's contributions to other waters, has been largely based upon tecting, restoring and maintaining the health of his community will long be rememberedÐand single-species plans that often ignore the crit- the living resources of the BayÐadditional fi- he will be missed by his family and many ical relationships between water and habitat nancial resources must be provided. friends in Tyler and Smith County. As we ad- quality, ecosystem health and the food webs The Chesapeake Bay Program, with the im- journ today, may we do so in celebration of that support the Bay's living resources. There portant participation of the NOAA Bay Office, this outstanding citizen from the Fourth District is a growing consensus between scientific has exhibited leadership utilizing the marine of Texas. leaders and managers alike that we must sciences to provide guidance for decision f move beyond the single species approach to- makers in the restoration and protection of this ward a wider, multi-species and ecosystem unique natural resource. This bill will not only MIDWEST CLEAN AIR GASOLINE perspective. Chesapeake 2000 calls for devel- continue that leadership but will significantly RESERVE ACT JUNE 29, 2000 oping multi-species management plans for tar- advance the knowledge generated from the geted species by the year 2005 and imple- additional functions called for in the reauthor- HON. JUDY BIGGERT menting the plans by 2007. In order to achieve ization. This bill is supported by a number of OF ILLINOIS these goals, NOAA must take a leadership Bay organizations and members of the sci- IN THE HOUSE OF REPRESENTATIVES role and support a sustained research and entific community. monitoring program. The Chesapeake Bay Thursday, June 29, 2000 f NOAA multi-species plans can, in fact, provide Mrs. BIGGERT. Mr. Speaker, I represent a important information to other fisheries pro- HONORING THE LATE BOB suburban Chicago district and, as we all know, grams throughout the United States. MURDOCH OF TYLER, TX the Chicago area now faces the highest gas Third, the legislation authorizes NOAA to prices in the nation. This is not a distinction of carry out a small-scale fishery and habitat res- HON. RALPH M. HALL which we are proud or happy. toration grant and technical assistance pro- Today, Governor Ryan of Illinois and the Illi- gram to help citizens organizations and local OF TEXAS IN THE HOUSE OF REPRESENTATIVES nois General Assembly took an important step governments in the Chesapeake Bay water- to provide the residents of Illinois with some shed undertake habitat, fish and shellfish res- Thursday, June 29, 2000 relief, and they should be commended for their toration projects. Experience has shown that, Mr. HALL of Texas. Mr. Speaker, it is my swift action. In one day, the General Assembly with the proper tools and training, citizens' privilege today to recognize an exceptional in- passed and the Governor signed a law that groups and local communities can play a tre- dividual, Bob Murdoch, of Tyler, TX, who suspends the Illinois gas tax for six months. mendous role in fisheries and habitat protec- passed away on May 27 of this year at the They were forced to take the extraordinary action and restoration efforts. The new Bay age of 81. Bob was well-known throughout tion of sacrificing badly needed road improve- Agreement has identified a critical need to not Smith County and will be remembered for his ment funds in order to give consumers at the only expand and promote community-based leadership and tireless dedication to his com- pumps an extra ten or twenty cents per gallon programs but to restore historic levels of oys- munity. relief. ter production, restore living resource habitat In 1951 Bob became general manager of We cannot allow residents of states like Illi- and submerged aquatic vegetation. The NOAA the annual East Texas State Fair and held the nois and Wisconsin to confront this situation small-grants program, which this bill would au- position of manager from 1953 to 1995. As a again in the future. The burden is just too thorize, would complement EPA's Chesapeake tribute to his phenomenal forty-four years of great on individuals and small businesses in Bay small watershed program, and make ``seed'' grants available on a competitive, cost- leadership with the Fair, the office building at the region. sharing basis to local governments and non- the fairgrounds was named the Murdoch That's why I rise today to announce the in- profit organizations to implement hands-on Building upon his retirement. At his retirement troduction of a bill to help prevent future crises projects such as improvement of fish passage- luncheon, it was said of him that he was a involving the price and supply of gasoline in ways, creating artificial or natural reefs, restor- ``natural-born leader, dreamer and legend of the Midwest. ing wetlands and sea-grass beds, and pro- our time''Ða testament to his vision, dedica- The Midwest Clean Air Gasoline Reserve ducing oysters for restoration projects. tion and commitment to community service. Act would give the Secretary of Energy the Fourth, the legislation would establish an Bob was a long-time member of the Texas authority to establish a Midwest reserve of re- internet-based Coastal Predictions Center for Association of Fairs and Exposition. He served formulated gasoline or the petroleum products the Chesapeake Bay. Resource managers as secretary/treasurer of the Texas Associa- used to make reformulated gasoline. The and scientists alike agree that we must make tion from 1954 to 1983 and received the Sec- President would release this stock of reformu- better use of the various modeling and moni- retary of the Year Award from the national lated gasoline in the event of a severe energy toring systems and new technologies to im- Federation'' of State and Provincial Associa- supply disruption, a severe price increase, or prove prediction capabilities and response to tion of Fairs. another emergency affecting the Midwest. physical and chemical events within the Bay Bob also was a leader in other community We know now that two factors adversely af- and tributary rivers. There are substantial organizations. He served as chief executive di- fected the supply of gasoline in the Midwest, amounts of data collected and compiled by rector of the East Texas Agriculture Council causing prices to rise. In addition to pipeline Federal, state and local government agencies and as executive secretary/treasurer of the disruptions, Phase 2 of the Reformulated Gas- and academic institutions including information East Texas Farm and Ranch Club, which he olineÐor RFGÐprogram required the inven- on weather, tides, currents, circulation, cli- organized in 1952. He was the farm editor and tory of Phase 1 RFG gasoline to be purged mate, land use, coastal environmental quality, broadcaster for radio station KTBB in Tyler from the supply chain. In this case, supply aquatic living resources and habitat conditions. from 1951 to 1960 and was a columnist and was interrupted at the same time that inven- Unfortunately, little of this data is coordinated feature writer for the Tyler Morning Telegraph. tories were depleted. And in the Midwest in and organized in a manner that is useful to A Dallas native, he was born on December particular, sources of reformulated gasoline the wide range of potential users. The Coastal 18, 1918. He received a journalism degree are few and far between, and difficult to re- Predictions Center would serve as a knowl- from Hardin Simmons University in 1941 and place when supply is interrupted. As a result, edge bank for assembling monitoring and fulfilled his military duties by serving four years the price of reformulated gasoline spiked. modeling data from relevant government in the Signal Corps and Army Air Corps during With a Midwest, Clean Air Gasoline Reserve agencies and academic institutions, inter- World War II. After being discharged, he man- in his arsenal, the President may have been preting that data, and organizing it into prod- aged Chambers of Commerce in Bowie and able to combat this crisis when it presented ucts that are useful to resource managers, sci- Gainsville. itself, at least reducing the initial impact on entists and the public. He is survived by his wife, Jo Ann Murdoch consumers. Finally, the legislation would increase the of Tyler; two daughters, Janet Tomlin of Tyler This bill will give any President an important authorization for the NOAA Bay Program from and Dianne Cavazos and her husband, Hec- tool with which to respond to energy supply

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JN8.042 pfrm03 PsN: E30PT1 E1172 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 2000 disruptions. I would urge my colleagues to In contrast to the Republican proposal, we CALLING FOR THE RELEASE OF support it. as Democrats have a sound plan for all of AMERICAN CITIZEN EDMOND f America's seniors. It ensures that all seniors POPE OF GRANTS PASS get voluntary, affordable and reliable prescrip- H.R. 4680—MEDICARE COVERAGE tion coverage through Medicare. AND PRESCRIPTION DRUGS HON. GREG WALDEN Specifically under our plan, Medicare would OF OREGON SPEECH OF cover half of a beneficiary's drug costs up to IN THE HOUSE OF REPRESENTATIVES HON. TOM UDALL $2,000 a year, beginning in 2002. That would Thursday, June 29, 2000 OF NEW MEXICO increase to half of $5,000 by 2009. Over that Mr. WALDEN of Oregon. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES time, monthly premiums would rise from an today to call attention to a shameful violation Wednesday, June 28, 20000 estimated $24 to about $50. There would be of international government of Russia. For no deductible, and no senior would pay out-of- three months, an American citizen named Ed- Mr. UDALL of New Mexico. Mr. Speaker, I pocket expenses of more than $4,000 a year. mond Pope of Grants Pass, Oregon, has been speak today about the Democratic alternative The issue of providing affordable prescrip- unjustly incarcerated in Russia for the crime of for providing prescription coverage to all espionage. He has been denied communica- Americans on Medicare. Before I discuss the tion drugs for every older American is essential. Adding prescription drug coverage to tion with his wife of 30 years and with his par- proposal I would like to tell you that we have ents, who are in ill health. He has been denied seen great success with the Administration's Medicare is not only the right thing to do, it is the smart thing to do. It's about giving people legal representation, access to sufficient food long-term strategy of fiscal discipline. It is and medical treatment and virtually every working well. Our economy is strong and we a chance to fight for a happy and productive other right we commonly associate with the should use this moment of prosperity to long life. justice systems of civilized nations. Indeed, lengthen the life and modernize Medicare with Ed's imprisonment is reminiscent of what used a prescription drug benefit plan. f Lack of prescription drug coverage among to pass for justice under Soviet communism, senior citizens and people with disabilities HONORING THE LATE PAUL when men and women were dragged from today is similar to the lack of hospital cov- KEAHEY, JR. their beds in the dark of night, never to be erage among senior citizens when Medicare seen again. Mr. Speaker, Ed Pope is no spy, and he was created. Three out of five lack depend- should be returned to his family immediately. able coverage. Only half of beneficiaries have HON. RALPH M. HALL We must send a strong message to the gov- year-round coverage, and one third have no OF TEXAS ernment of Russia that now is not the time to drug coverage at-all. It's projected that this year more than half of IN THE HOUSE OF REPRESENTATIVES return to a system of justice in which human Medicare beneficiaries will use prescription rights are disregarded so indiscriminately. I urge my colleagues on both sides of the drugs costing $500 or more, and 38 percent Thursday, June 29, 2000 aisle to join our colleague JOHN PETERSON and will spend more than $1000. Each year, about Mr. HALL of Texas. Mr. Speaker, it is an me in urging the Russian government to send 85 percent of Medicare beneficiaries fill at honor for me today to pay tribute to the late Mr. Pope home. least one prescription. Yet one third of bene- Paul Keahey, Jr., a native of Bonham, TX, and ficiaries have no coverage for drugs at all. And f a long-time resident of Marshall, TX. Paul in 1996, more than half did not have drug cov- passed away in April of this year, having lived MEDICARE RX 2000 ACT erage for the entire year. In the district that I his life in dedication to his family, his career represent, there are 64,822 seniors aged 65 SPEECH OF or older who face the challenge of paying ex- and to his community. HON. BILL LUTHER I feel a kinship to PaulÐand all in the orbitant prices for prescription drugs. OF MINNESOTA For the 10 million Medicare beneficiaries liv- Keahey family. I was born in a home built by IN THE HOUSE OF REPRESENTATIVES ing in rural areas, nearly half have no drug a Keahey, and I have served as a State Sen- coverage. They have less access to employer ator and as a U.S. Congressman and have Wednesday, June 28, 2000 based retiree health insurance because of the been privileged to get to work with Paul's Mr. LUTHER. Mr. Speaker, the time is long job structure in rural areas. mom, Florence Keahey, longtime resident of overdue to develop a truly meaningful vol- There is no reason that we in Congress Fannin County. Paul has been an advisor and untary prescription drug benefit for our nation's cannot take the necessary steps to ensure supporterÐand close friend during my years seniors. But as we ensure affordable prescrip- that every older American has access to the of public service. I will miss him greatly. tion drug coverage that is accessible to each lifesaving, life enhancing prescription drugs and every senior in America, let us also use they need. Paul was a self-employed geologist who this opportunity to remedy the serious dispari- My Democratic colleagues and I are united spent 30 years working in the oil and gas ties in the current Medicare+Choice program. in a single strategy to provide these prescrip- fields of East Texas. He was a member of the Just this week, one of the remaining HMOs tion drugs. I don't know how we can deny the American Association of Petroleum Geolo- offering a Medicare+Choice plan in my district fact that with the funds we have, with the obli- gists, a former chairman of the Business and announced that it would no longer offer its gations we have, with the fact that anybody Economics Department at Jarvis Christian Col- plan. The reason it gave for its withdrawal: who lives to be 65 in America today has a life lege, a member of the Marshall Historical So- Minnesota's appallingly low payment rates to expectancy of 82 or 83 years that their need ciety, and a member of the Lighthouse United Medicare HMOs. Citizens in Minnesota as well for life enhancing and life preserving prescrip- Pentecostal Church in Marshall. He was a vet- as other parts of the country are today sub- tion drugs will only increase. Now is the best eran of the United States Army and a lifetime sidizing a system that unfairly penalizes them time to address this issue. We must do it now. member of the National Rifle Association. for living in areas of the country that have his- The timing is right. He was born April 8, 1937, in Bonham, TX, torically provided low-cost and efficient The Republican leaders put forth a plan with the son of Paul R. Keahey, Sr., and Florence healthcare services. a stated goal of providing affordable prescrip- Fogle Keahey. He is survived by his wife, Many counties in our country receive such tion drugs for seniors, but the policy falls far Tanya of Marshall; son, Paul ``Pauray'' Keahey low Medicare HMO payments that seniors ei- short of the promise. Their plan fails to guar- III, of Marshall; sister, Dottie Davis of Garland; ther have no HMO option, or receive an unac- antee that all seniors who want it will have ac- uncle, Tim Bruce of Bonham; his mother; and ceptably inadequate benefits package. Even cess to meaningful, affordable, and reliable a number of nieces and nephews. the seniors who have the option to enroll in a prescription drug coverage. Their plan also Medicare+Choice plan pay high premiums for suggests a private insurance benefit that in- Mr. Speaker, let us take a moment to re- a relatively meager benefit. At the same time surers, themselves, say they will not offer and member and celebrate the life of Paul Keahey, seniors in other parts of the country are reno one will buy if they did offer it because it a good man and good citizen who devoted his ceiving generous benefits including prescrip- would be too expensive. Limiting direct finan- life to the area where he was born and raised tion drugs without having to pay an extra cial assistance for prescription drugs to sen- and chose to live. His memory will live on in penny towards a premium. iors below the $12,500 income will leave out the hearts of his family and friends in East This issue is about fairness and the efficient over half the seniors. Texas. delivery of health care as care costs consume

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JN8.044 pfrm03 PsN: E30PT1 June 30, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1173 an ever increasing share of our country's re- of the program; moreover, it does not pro- over, it is this disconnect that gives the fed- sources. The development of a prescription mote efficiency in the health care system; (2) eral government no rational basis for its dis- drug benefit offers us the opportunity to ad- this irrational reimbursement system has parate and unequal treatment of Minnesota disparate and adverse effects on the citizens senior citizens under Medicare+Choice. dress and correct the current unjust disparity of Minnesota and, consequently, has ad- A. PURPOSE in the Medicare program. No more federal dol- versely and disproportionately affected their Medicare was established in 1965 as a na- lars should go to the HMOs that are already access to and enrollment in tional insurance program for elderly and dis- offering a plan with a rich benefits package Medicare+Choice; and (3) legislative and po- abled people. It is, in fact, the nation’s larg- until we achieve fairness. Instead, let's de- litical solutions to this irrational and unfair est health insurance program. Medicare velop a genuine prescription drug benefit that reimbursement system have been unsuccess- Parts A and B provided covered benefits ensures that all seniors have fair and equi- ful and leave no recourse but legal action be- (e.g., general hospital services) to bene- table access to healthcare services and pre- fore this Court ficiaries on a fee-for-service basis. Under (1) Irrationality. One of the key goals of Part B, participating beneficiaries partly scription medication. Let's develop a Medicare Medicare+Choice, the roots of which stem system that rewards efficiency, not waste. We fund the program with uniform, monthly from Congressional action in 1972 and 1982, is premiums assessed against participating owe this to the citizens of our country, as well to furnish participating risk plans with uni- beneficiaries. This original structure of as future generations of Americans. form incentives to provide non-covered bene- Medicare under Parts A and B is instructive. My office and the rest of the Minnesota fits to their beneficiaries. This goal is evi- At its inception in 1965, Medicare was cre- Congressional Delegation have filed a Con- dent from (a) examining the initial, uniform ated to provide uniform health care services gressional amicus brief on behalf of Minnesota structure and spirit of Medicare’s Parts A at uniform and equal costs to all qualified Attorney General Mike Hatch and the Min- and B, established in 1965, that are still in beneficiaries over the age of 65. There is no place today; Congress has done nothing since nesota Senior Federation's lawsuit seeking to reason to suspect that the intent behind then to indicate a change in that spirit of Medicare’s uniformity of benefits and inher- change the current unfairness in our Medicare uniformity; and (b) the utilization of the ad- ent equality has changed. system. I insert the brief for the record, and I justed community rate (‘‘ACR’’) mechanism In 1972, Congress amended the Social Secu- ask for my colleagues' support on this impor- and the ‘‘required benefit value’’ that gives rity Act to incorporate managed care prin- tant issue. incentives to provide non-covered benefits. ciples into the Medicare system. In so doing, In other words, uniformity plus incentives the national legislature allowed health UNITED STATES DISTRICT COURT, DISTRICT OF equals uniform incentives. Under maintenance organizations (‘‘HMOs’’) to be MINNESOTA Medicare+Choice, the reimbursement system paid a flat, monthly capitation payment for COURT FILE NO. 99–CV–1831 DDA/FLN provides Minnesota with low capitation pay- Parts A and B services on either a cost or State of Minnesota, by its Attorney General, ments. As a result of static ACRs, the re- risk basis. Such capitation payments were Mike Hatch; Minnesota Senior Federa- quired benefit values for plans in Minnesota based on an actuarial calculation of the av- tion—Metropolitan Region and Mary are extremely small or nil. Thus, partici- erage adjusted per capita cost (‘‘AAPCC’’) Sarno, Plaintiffs pating plans in Minnesota have no incentive per Medicare beneficiary. Congress set capi- vs. to offer non-covered benefits to their enroll- tation payment rates at 95% of the estimated per capita costs of fee-for-service The United States of America and Donna E. ees. As such, Medicare+Choice’s reimbursement system is irrational, does not remotely Medicare beneficiaries. This choice of 95% Shalala, Secretary of Health and Human was purely arbitrary. (See Section 111, infra.) Services, Defendants effectuate one of the program’s key goals, and cannot justify the unequal, disparate In 1982, Congress again amended the Social STATEMENT OF INTEREST treatment of Minnesota citizens. Security Act to broaden the scope of partici- This memorandum is respectfully sub- (2) Adverse Impact. This irrational system pating organizations in Medicare. Specifi- mitted by the Members of the Congressional adversely impacts Minnesota citizens by sad- cally, while the Tax Equity and Fiscal Re- delegation of the State of Minnesota as dling them with high co-payments and extra sponsibility Act of 1982 (‘‘TEFRA’’) retained amici curiae to support each of plaintiffs’ premiums that carry no extra benefits. Min- the AAPCC formula and continued to provide constitutional claims. This case involves nesota’s burden is not one shared by states participating plans with a monthly capita- basic public health issues for senior citizens like Florida or New York, whose citizens tion payment on a county-by-county basis, in Minnesota regarding the cost of and bene- enjoy a panoply of extra benefits at no extra TEFRA also incorporated the adjusted com- ficiary access to health benefits. cost. This inequitable treatment adversely munity rate mechanism into its reimburse- The amici curiae have an interest in pro- affects access to and enrollment in ment system. By so doing, Congress in- tecting and promoting the health, safety and Medicare+Choice plans in Minnesota. tended, inter alia, to provide participating welfare of their constituents, in ensuring (3) Failed Legislative Efforts. Political re- risk plans with incentives to provide non- that their constituents are not form and legislative remedies have been un- covered beneficiaries. In 1997, Congress enacted the Balanced discriminatorily denied their rightful status successful. Until 1997 and the Balanced Budg- Budget Act of 1997, which modified the pay- within the federal system, and in securing et Act (‘‘BBA’’), Congress was unable even to ment methodology for the first time and cre- the underlying incentives of the federal address the issue in a meaningful fashion. At ated Medicare Part C or Medicare+Choice. Medicare program for their constituents. its inception, the average adjusted per capita The BBA altered the reimbursement system With this brief, the amici curiae wish to cost (‘‘AAPCC’’) schedule was based on arbi- for participating risk plans in a failed at- bring to the Court’s attention the policy di- trary tabulations. The BBA’s modest reforms tempt to equalize vastly diverging capita- mensions of this lawsuit. As legislators in were wholly inadequate. Budget neutrality tion payments. However, the BBA did little the United States House of Representatives rules kept (and continue to keep) capitation if anything to substantively change or affect and Senate, the amici curiae have a unique payments low, and the BBA failed to sub- the ACR mechanism that determines the perspective on the substance and political stantively reform the ACR mechanism. Con- scope of non-covered benefits. dynamics of the federal Medicare program. It sequently, legal action is Minnesota’s only In sum, Medicare was established in 1965 to is the hope of the amici curiae that this recourse. provide uniform medical benefits to all memorandum assists the Court in adjudi- I. IRRATIONALITY OF THE MEDI- qualified senior citizens regardless of geo- cating this matter in favor of their constitu- CARE+CHOICE REIMBURSEMENT SYS- graphic residence. This is evident from the ents, the citizens of Minnesota. Amici urge TEM original structure of Parts A and B of the the Court to rule in favor of Minnesota sen- One of the key purposes of Medi- program that is still in place today. Further- ior citizens who, by virtue of nothing else care+Choice is to provide incentives for par- more, the subsequent incorporation of man- but their geographic residence, continue to ticipating risk plans to offer non-covered aged care principles into the federal program suffer from the unequal and disparate treat- benefits (e.g., prescription drug benefits) to and the creation of Medicare+Choice did ment of the federal Medicare managed care beneficiaries at the lowest possible cost to nothing to alter Medicare’s spirit of uni- funding scheme. beneficiaries. However, the reimbursement formity. Thus, by examining Medi- INTRODUCTION system under Medicare+Choice does not offer care+Choice within the context of uni- This memorandum asserts that the current such incentives to participating plans in formity for covered benefits under Parts A reimbursement formula for Part C of the fed- Minnesota. The result is that most partici- and B, one of the key purposes behind Medi- eral Medicare Program (‘‘Medicare+Choice’’) pating plans in Minnesota either do not offer care+Choice and its ACR mechanism be- is not rationally related to the program’s ob- any non-covered benefits to beneficiaries, or comes clear: Medicare+Choice, through the jective of uniformity, arbitrarily limits ben- they offer such non-covered and covered ben- ACR mechanism, endeavors to give all par- eficiary options through low reimbursements efits with high premiums and co-payments. ticipating plans relatively uniform incen- for Medicare+Choice and thus violates equal Such is not the case in other states. This dis- tives to provide their beneficiaries with protection under the law. More specifically, parate, unequal, and unfair result is the con- extra, non-covered benefits at the lowest this memorandum asserts the following: (1) sequence of an irrational reimbursement sys- possible cost. the reimbursement system of tem that does not provide the purported in- B. IRRATIONALITY OF THE SYSTEM Medicare+Choice is patently irrational and centives of Medicare+Choice in Minnesota, Given the above purpose of Medi- does not remotely effectuate a key objective which are provided in other states. More- care+Choice, the reimbursement system for

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JN8.048 pfrm03 PsN: E30PT1 E1174 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 2000 participating plans provides no rational equaled $367; or (c) a minimum 102% of the ments and its ACRs were, and continue to be, basis for the federal government’s unequal previous year’s capitation rate. extremely small or nil. Consequently, the and disparate treatment of Minnesota citi- That is, the BBA failed to jettison AAPCCs system is inherently unfair—Minnesota zens. That is, the reimbursement system altogether and to recalculate plan payments beneficiaries are not entitled to the same fails to effectuate the purpose behind Medi- derived from a new statistical baseline. The non-covered benefits that other citizens in care+Choice—to furnish participating plans inherent inequities that result from county- other states’ counties enjoy, because partici- with uniform incentives to provide non-cov- based fee-for-service projections remain in pating risk plans in Minnesota have no in- ered benefits. More specifically, Minnesota’s the capitation payment structure. Minnesota centive to provide such services. That is, chronically low, county-based capitation continues to suffer from disparate treat- plans in different states have vastly different payments, when compared to Minnesota’s ment, although Medicare’s mission is to pro- required benefit values. (See Section II, various county-based ACRs, give absolutely vide an equitable entitlement for all Amer- infra.) no incentive to participating plans to pro- ican citizens regardless of residency. Even Under a rational and equitable system, the vide non-covered benefits to qualified Min- the adoption of the blended-rate rule under ACR and the capitation payment rates nesota senior citizens. the BBA has had no relative, immediate ef- should almost perfectly correlate, taking Moreover, the underlying and flawed fect, because the combination of the low na- into account the differences in costs of com- AAPCC formula, upon which current pay- tional growth percentage and the budget- mercial and Medicare beneficiaries. That is, ment rates currently rely, originates from neutrality rule has delayed its application. the dollar difference between a risk plan’s arbitrary tabulations. This arbitrary quality (See Section III, infra. ACR and its capitation payment should have further underpins the irrationality of the re- The second component of Medicare’s risk the same purchasing power regardless of the imbursement system. (See Section III, infra.) program payment methodology is the ad- county in which a beneficiary resides. How- The reimbursement system under Part C of justed community rate mechanism. The ACR ever, this is simply not the case. Instead, the Medicare has two components. The first mechanism is the process through which required benefit values vary wildly from component is an actuarial methodology used health plans determine the minimum county to county, and this translate into in- to calculate risk plan payment rates each amount of Medicare non-covered benefits equitable access by senior citizens to non- year. This component actually determines they provide to enrollees (the ‘‘required ben- covered benefits and services. (See Section the monthly capitation payment to each efit value’’) and the premiums they are per- II, infra.) plan on a county-by-county basis. The sec- mitted to charge for those extra benefits. C. EFFICIENCY ond component is the ACR mechanism. This When compared to its low ACRs, Minnesota’s component determines the scope and/or low payment rates crystallize the unfair na- The current reimbursement system for amount of non-covered Medicare benefits ture of basing capitation payment rates on Medicare+Choice encourages inefficiency in and services a beneficiary receives. Medicare fee-for-service data as a means of an era when the federal government should Before the Balanced Budget Act of 1997, the creating uniform incentives to participating be encouraging efficiency. The fact is that capitation payment rate was known as the risk plans. States are in effect rewarded for historically adjusted average per capita cost (‘‘AAPCC’’). The ACR process requires a plan to use its inefficient health care systems with high The AAPCC was a relatively simple and costs and revenues from its commercial busi- capitation payments, and Medicare+Choice crude formula whereby Medicare would pay a ness to estimate the cost of providing serv- essentially punishes Minnesota for its pio- risk plan 95% of what a beneficiary would ices to Medicare enrollees. This cost report neering efforts in managed care. While Part have received under a traditional fee-for- is the actual ‘‘adjusted community rate.’’ If C currently awards efficiency with large re- service arrangement. This actuarial project the monthly capitation payment exceeds the quired benefit values (i.e., participating was calculated on a county-by-county basis. ACR, Medicare requires risk plans do one of plans are encouraged to reduce their ACRs) Thus, the underlying methodological para- three things: (1) receive only the ACR the fact that capitation payments remain digm of the AAPCC was actuarially based on amount from the government; (2) contribute static perpetuates historical inefficiency historical fee-for-service expenditures. This all or a portion of the excess money into a built into the system. methodology accounted for (and continues to stabilization fund; or (3) provide bene- Minnesota’s unique history precludes the account for) the wild variations in payment ficiaries with additional benefits with a state from reaping the benefits of large re- rates for participating risk plans (See Sec- value equal to the difference between the quired benefit values. Because the BBA tion II, infra.) Minnesota counties, in par- ACR and AAPCC or the ‘‘required benefit shackled capitation payment increases with ticular, were and continue to be adversely af- value.’’ Thus, one of the key purposes behind a budget neutrality rule (see Section III, fected by this wide disparity in payment the ACR mechanism becomes all too clear. infra), Minnesota counties continue to re- rates from county to county. Minnesota’s Congress created Medicare+Choice and the ceive chronically low and inadequate reim- historically efficient system, including its ACR mechanism to furnish participating bursement rates. A system that truly en- early development of HMOs, was beneficial plans with incentives to choose option three. couraged efficiency would take into account to the Medicare program because Min- If plans could reduce their ACRs, their static Minnesota’s pioneering efforts in health care nesota’s lower charges relative to the na- capitation payments would enable them to and reward the state with higher capitation tional average saved the program money. attract Medicare customers with additional payments. This would translate into larger However, because Medicare managed care non-covered benefits. The magnitude of the required benefit values for participating based its capitation amounts on historical capitation payment/ACR difference (or the plans. charges, Minnesota counties were in effect required benefit value per enrollee) is the One of the most pressing issues facing the punished for their efficiency with low capita- crucial determination of the scope and United States today is the enduring trend of tion amounts. Other states and counties that amount of additional benefits one receives rising health care costs. These rising costs had high service use patterns and inputs under Medicare. prevent the health care system from pro- costs were paid generously for their ineffi- As such, the disparate payment rates when viding universal coverage; they stifle the ex- ciency. Under current federal law and regula- compared with ACRs are evidence of an irra- pansion of life-saving and life-enhancing ben- tions, these rates are locked in perpetuity. tional and unfair reimbursement system efits, such as prescription drug coverage; and Given the purpose of Medicare+Choice—to that does not give Minnesota participating they burden covered beneficiaries with high- provide uniform incentives—this capitation plans any incentive to provide non-covered er premiums and co-payments. Thus, Min- payment methodology, based on data that benefits. (See Section II, infra.) The capita- nesota’s chronically low payments prevent punished historical efficiency, is irrational. tion payment rate punished Minnesota for the state from capitalizing on its unique The BBA replaced the AAPCC methodology efficiencies the state health care system had place in history. Minnesota bucked the trend and created the current capitation payment achieved in the 1970s and 1980s. Because of rising health care costs and actually deliv- methodology, but it retained the old AAPCC counties outside Minnesota with historically ered high quality, affordable care to its citi- rates for its baseline, which are the sub- high fee-for-service rates eventually enacted zens. Minnesota’s success should be held as a stantive statistics on which the BBA’s new managed-care reforms and instituted cost-ef- model for the nation and an example of what tabulations rely. Specifically, the BBA cre- fective, efficient measures (as reflected in our country can do to reign in health care ated a Medicare Part C (‘‘Medicare+Choice’’), their continuously decreasing ACRs), the costs. However, Medicare+Choice does just under which Medicare’s monthly capitation magnitude of their required benefit values the opposite by undermining the drive for payment is the greater of: (a) a blended capi- are high. This allows risk plans in those greater efficiency. tation rate, which is the sum of a percentage counties to offer additional non-covered ben- In sum, by ruling in favor of Minnesota in of a county-specific rate and a percentage of efits to their beneficiaries for little or no ad- this lawsuit, the Court has the unique oppor- a price-adjusted national rate, multiplied by ditional cost. However, Minnesota counties tunity to accomplish what the United States a budget neutrality factor designed to ensure could not undergo a similar evolution to- Congress has to date been unable to do: pro- that the aggregate payments under this wards increased efficiency or cost-effective- mote quality health care that is equitably blended rate do not exceed the amount that ness. Counties in Minnesota had a long his- delivered in an era of rising health care would have been paid under an AAPCC rate tory of efficient health care (a legacy of the costs. alone; by the year 2003, a maximum blend state’s pioneering efforts in managed care). II. CONSEQUENCES OF THE SYSTEM ON will consist of a 50% county-based rate and a As a result, Minnesota ACRs have been low MINNESOTA 50% national capitation rate; (b) a minimum for decades, and the difference between Min- The effects of this irrational system have monthly payment level, which in 1998 nesota’s historically low capitation pay- been devastating to the state of Minnesota

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JN8.050 pfrm03 PsN: E30PT1 June 30, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1175 and its citizens. Minnesota counties’ capita- In 1997, every county in Minnesota had an values as a result of their high capitation tion payments are alarmingly low when com- AAPCC rate below the national average payments and low ACRs. The result is that pared with the capitation payment rates of AAPCC rate. In 1999, despite the BBA re- different managed care plans in different counties in other states, and its ACRs have forms, little changed. The capitation pay- states have different incentives with regard remained static. As a consequence, access by ment rate in Dakota County was $394.42, to non-covered benefits. In Minnesota, sen- Minnesota seniors and Minnesota’s enroll- while the payment rate in Broward County, ment rates in Medicare+Choice are adversely Florida, was $676.64. (See Appendix A; see iors face high Medicare premiums and co- and disproportionately affected. also Section III, infra.) pays and receive few or no non-covered bene- A. DISPARATE CAPITATION PAYMENTS B. DISPARATE EFFECTS OF THE ACR MECHANISM fits, while other states’ citizens enjoy a mul- The disparity of capitation payment rates In addition, because of its historic effi- titude of life-saving and life-improving non- for Minnesota and other states is striking. In ciency, Minnesota’s ACRs have remained covered benefits with few or no extra pay- 1997, the reimbursement rate for Dakota static. Consequently, the difference between ments. Nowhere is this more obvious than in County, Minnesota was $379.11; in Hennepin Minnesota’s low capitation payments and its coverage for prescription drugs. County, Minnesota, the rate was $405.63. In static ACRs is minimal or non-existent. Con- The following chart illustrates the dif- 1997, the reimbursement rate for Richmond versely, other states with recently improved County, New York, was $767.35, while in Dade efficiency have experienced falling ACRs, en- ferences between required benefit values in County, Florida, the AAPCC rate was $748.23. abling them to enjoy large required benefit different metropolitan areas: TABLE 1.—RISK-PLAN BENEFITS AND MONTHLY PREMIUMS BASED ON ADJUSTED COMMUNITY RATE PROPOSALS BY MARKET, 1995 [Dollars per month]

Required Optional Primary Meroplitan Statistical Area Number of Benefit Benefit Premium Plans Value Value Charged

United States ...... 174 $25.17 $56.67 $22.04 Boston ...... 8 4.09 71.56 47.84 Chicago ...... 3 24.45 38.31 0.00 Los Angeles ...... 13 68.83 37.18 6.08 Miami ...... 8 106.27 20.75 0.00 Minneapolis ...... 3 0.00 75.89 60.97 New York ...... 5 53.37 46.77 8.80 Philadelphia ...... 6 19.30 66.85 10.00 Portland, OR ...... 7 9.38 64.52 46.00 San Francisco ...... 8 21.50 56.96 20.25 Nonmetroplitan California ...... 6 14.43 60.19 31.08 Nonmetroplitan Florida ...... 5 12.46 73.61 9.80 Nonmetroplitan Pennsylvania ...... 3 6.70 62.18 18.14 Note.—Required benefit values is equal to Medicare savings in the adjusted community rate proposal; opttional benefit value is equal to the maximum monthly premium. Values are unweighted averages of all Medicare risk plans. Data Source: Physician Payment Review Commission (now Medicare Payment Advisory Commission) analysis of 1995 adjusted community rate proposal data from the Health Care Financing Administration. Table Source: United States House of Representatives Committee on Ways and Means, 1998 Green Book: Background Material and Data on Programs Within the Jurisdiction of the Committee on Ways and Means Washington, D.C.: U.S. Government Printing Office, May 19,1998. P. 200, Table 2–36.

For example, a Medicare+Choice enrollee available almost exclusively in the counties onstration. Marshfield responded by request- in Dakota County, Minnesota may choose of the Minneapolis-St. Paul metropolitan ing experimentation with the AAPCC to see the HealthPartners—Standard Option (‘‘Min- area and are not generally available to bene- if some alternative or variation could more nesota Plan’’) by paying—in addition to ficiaries in rural Minnesota counties. (Refer accurately predict cost. The HCFA rejected Medicare Part B’s premium—an annual pre- to Table I for a list of the number of partici- this suggestion without explanation. mium of $1,137. By contrast, a similar en- pating plans by state or metropolitan area.) In the early and mid-1980s, more dem- rollee in Broward County, Florida pays no III. POLITICAL AND LEGISLATIVE onstrations were established. Plans in the additional costs. The Minnesota beneficiary SOLUTIONS HAVE BEEN INADEQUATE Twin Cities of Minnesota provided additional, non-covered benefits, such as out- pays a $10 co-pay per visit with his or her Legislative and political solutions to Min- patient prescription drugs, and competed ag- personal physician or specialist doctor, while nesota’s low capitation payments have been gressively for enrollment. Enrollment in risk the Florida beneficiary pays no additional largely unsuccessful. From its inception, products grew dramatically, to a peak of 60% co-pay. Except for injectable insulin, the AAPCCs were based on arbitrary tabula- of the Twin Cities metro area’s senior popu- Minnesota beneficiary pays all costs for all tions, and early demonstration projects indi- lation by 1986–87. Nationally, in fiscal year outpatient prescription drugs, while the cated that the payment methodology was 1986, $1.3 billion was reimbursed to 142 risk Florida beneficiary pays nothing for a full problematic. Furthermore, when legislative contractors who provided care to nearly outpatient prescription drug benefit. The relief came in 1997, the BBA failed to ade- 75,000 beneficiaries. Minnesota beneficiary pays 20% for out-of- quately ameliorate payment disparities. area ambulance transportation, while the In response to market interest, several A. EARLY HISTORY Florida beneficiary pays nothing for such plans expanded their Medicare risk service transportation. The Minnesota beneficiary From the first risk-contracting demonstra- areas to rural counties, assuming that lower pays a $10 co-pay for each individual out- tion projects in the late 1970s, it was clear AAPCCs in those counties would correlate patient mental health session, while the that the method of reimbursement was with lower cost to serve a rural population. Florida beneficiary pays nothing for each flawed for use in rural- and conservative- However, the reverse proved to be true and session. The Minnesota beneficiary pays a practice areas. Risk contracting was first au- seniors flocked to the plans’ comprehensive $30 co-pay for emergency services, while the thorized in 1972, but due to poor provider par- coverage with significant pent up demand. Florida beneficiary pays nothing for such ticipation, the Health Care Financing Ad- After a couple years of significant losses, services. The Minnesota beneficiary pays a ministration (HCFA) solicited applications most of the plans withdrew from rural coun- $30 co-pay for ‘‘Urgently Needed Services’’ in for new models for capitated payments in ties, and again, the payment structure failed the plan’s service area, while the Florida 1978. Five demonstration projects resulted, beneficiaries in rural areas. beneficiary pays nothing. (see Plaintiffs’ one of which, the Greater Marshfield (Wis- The mid- and late-1980s saw several years Complaint, paragraphs 32–40.) consin) Community Health Plan, was located of no increase in the AAPCCs, with pay- in a rural area. ments actually falling in at least one year. C. EFFECTS ON ACCESS AND ENROLLMENT Reimbursement rates for all five projects As a result, health maintenance organiza- The disparate effects of Medicare+Choice’s were established at 95% of the average FFS tions (HMOs) which had long-since pulled out reimbursement system have adversely af- costs for the counties involved in the dem- of rural areas began to reduce benefits and fected Minnesotans’ access to and enroll- onstration, a schedule that became known as significantly raise member premiums. En- ment in participating risk payment plans. the AAPCC. This value of 95% of the average rollees began to pay more and more of the Minnesota health plans have entirely with- FFS was arbitrarily chosen and is not sub- cost of the added benefits through their pre- drawn from or declined to participate in the stantiated by research that would show this miums. Increasing numbers of seniors moved Medicare+Choice program, have withdrawn value represents an expected savings from to lower option risk products without pre- from offering such plans in various counties coordination of care. The formula has failed scription drug coverage as the higher option in Minnesota, or have suffered a reduction in to provide all Medicare beneficiaries equal products became unaffordable for many. the available networks of health care pro- access to the Medicare+Choice option. Even with significant member cost-sharing, viders that provide medical services to en- Though Marshfield succeeded in reducing many of the HMOs experienced marked rollees. Currently, only three health plans utilization of services by nearly 10 percent losses and began exiting the risk contract offer Medicare+Choice plans to seniors in over the course of the demonstration the business. Minnesota—and this figure represents a re- total loss for the plan and its sponsors was Analysis by the Physician Payment Re- duction from the previous figure of four. over $3 million. With these losses in mind, view Commission in 1997 shows that in June Such limited Medicare+Choice plans are the HCFA terminated the Marshfield dem- 1997, 33% of all Medicare beneficiaries lacked

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JN8.052 pfrm03 PsN: E30PT1 E1176 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 2000 access to risk plans. At the same time, some on 100 percent of the areas-specific capita- ice has been imbued with a characteristic 60% of beneficiaries had a choice of plans, tion rates for each payment area. In no case sense of humor that has endeared him to all and one-third had five or more available to may rates be reduced below the floor or min- those who know him. them. imum increase amounts for the particular In addition to the May 28 celebration at St. Patterns of enrollment differ across urban county. In some years, it may not be possible Michael, other celebrations were planned at and rural locales, as well as across different to achieve budget neutrality because no regions in the nation. Enrollment in central county rate may be reduced below its floor the Holy Family Mission in Van Alstyne, urban areas was about 24% in June 1997, minimum increase. The law makes no provi- Texas, where Father Vogel is also pastor, and about twice the level in outlying urban sion for achieving budget neutrality after all at Christ the King Church in Dallas, where he areas. Urban areas with the greatest share of county rates are at the floor or minimum in- celebrated his solemn Mass in 1950. national enrollment growth tend to be those crease.’’ (see 1998 Green Book, supra.) In Father Vogel grew up in the Oak Cliff sec- where Medicare payments are high. Enroll- other words, if awarding each county the tion of Dallas and attended Blessed Sac- ment is generally higher in western states maximum rate (among its floor, blend, or rament Church and Our Lady of Good Coun- and a few specific southern and eastern minimum update) results in total payments sel School. After his graduation from St. Jo- states. In fact, five states account for over that exceed the budget neutral target, coun- seph High School, he enrolled in college to two-thirds of all enrollees. (For statistics re- ties which would otherwise receive the blend garding access and enrollment rates, see rate have their rates reduced to meet the study journalism. The calling to the priesthood United States House of Representatives target. The net result in 1998 was that Min- prevailed, however, and he followed that call Committee on Ways and Means, 1998 Green nesota’s urban counties (e.g. Hennepin and at St. John's Seminary in Little Rock, Arkan- Book: Background Material and Data on Ramsey Counties) received only a 2% in- sas. Father Vogel served as a military chap- Programs Within the Jurisdiction of the crease and fell even further behind the high- lain for nearly three decades and was a chap- Committee on Ways and Means. Washington, est reimbursed counties in other states. (see lain for the Armed Forces during the Cuban D.C.: U.S. Government Printing Office, May Appendix A.) Missile Crisis of the early 1960s. Prior to his 19, 1998. Section 2: Medicare.) In 1999, the budget neutrality provision re- assignment at St. Michael, Father Vogel No actions taken to date have resolved the duced Medicare+Choice rates for aged bene- served at Our Lady of Victory in Paris, Good underlying arbitrary and flawed AAPCC for- ficiaries in 1,293 counties. These counties mula, which is responsible for creating all would have received blended-rate amounts if Shepherd in Garland, St. Patrick in Denison, the disparities in reimbursements to plans sufficient monies were available to fund all St. Cecilia in Dallas and St. Patrick and St. and benefits to beneficiaries. The old AAPCC counties at the maximum of the floor, blend, Rita parishes in Fort Worth. formula, and the new configurations which or minimum update. Consequently, as a re- Mr. Speaker, it is an honor for me to pay rely upon the AAPCC, were not based on ac- sult of the budget neutrality provision, the tribute to this beloved priest from the Fourth tuarially sound data. Given the discrimina- gap between high and middle level AAPCC District of Texas. Father Carl Vogel has de- tion the current system creates across the counties, contrary to Congressional intent, voted his life to the ministry. He has helped country and between beneficiaries enrolled actually grew in the first year of BBA. Two countless souls in his care and is loved and in a national, uniform program, there is no years after enactment of the BBA, counties respected by so many who have known him reasonable basis for this formula. in Minnesota were still 21 percent below the and whose lives he has blessed. I know and B. THE BALANCED BUDGET ACT national average reimbursement level for Medicare+Choice. love Father Vogel. I have changed schedules The BBA was Congress’ first legislative at- many times just to get to appear with him at tempt to comprehensively address the issue; Essentially, these variations in reimburse- however, the BBA failed to ameliorate the ments have created a two-tiered system of public ceremonies. His prayers sustain me inherent deficiencies and irrationality of the health care delivery, which is the foundation and all those who hear him. His devotion to reimbursement system. At present, partici- of the plaintiffs’ lawsuit against the federal his calling for 50 years warrants our recogni- pating risk plans in Minnesota do not have government. As the lawsuit rightly con- tion and appreciation today, so as we adjourn, any incentives to offer non-covered benefits tends, these payment imbalances have cre- let us do so in honor of Father Carl Vogel. ated a geographical class system of Medicare to their beneficiaries. This is because the f BBA did nothing to substantially reform the benefits where beneficiaries in high cost ACR mechanism, nor did it adequately ad- areas receive extra benefits at no additional NARCOTIC DRUGS dress the disparities in capitation payment cost, while beneficiaries in low cost areas are rates. denied these benefits. The BBA sought to lessen payment IV. CONCLUSION HON. MARK E. SOUDER OF INDIANA disaparity by de-linking AAPCC updates For the forgoing reasons, the undersigned from local FFS spending. The BBA estab- amici curiae respectifully request this Court IN THE HOUSE OF REPRESENTATIVES lished a new mechanism for calculating to deny Defendants’ Motion to Dismiss. Thursday, June 29, 2000 Medicare’s monthly payments to HMOs and f other managed care and capitated plan pro- Mr. SOUDER. Mr. Speaker, I rise on behalf of the countless mothers, fathers, families, and viders. A county’s Medicare+Choice payment HONORING FATHER CARL VOGEL was the higher of three different rates—a individuals whose lives have been devastated floor payment of $367, a minimum annual in- OF TEXAS by illegal drugs to introduce legislation to fed- crease of 2 percent, or a 50/50 blend of local erally nullify movements in the states to legal- and national rates that was to be fully HON. RALPH M. HALL ize the use of narcotic drugs illegal under fed- phased-in by FY 2003. OF TEXAS eral law. Initially, many rural counties in Min- IN THE HOUSE OF REPRESENTATIVES It is undisputed that narcotic drugs dev- nesota received significant reimbursement astate our families and rot our communities lit- increases under the new floor payments. For Thursday, June 29, 2000 example, Watonwan County saw AAPCC re- erally to the core through addiction and crime. imbursements increase from $251.05 to $367.00 Mr. HALL of Texas. Mr. Speaker, today I Earlier this week, we passed the Commerce/ (a 32 percent increase) in 1998, but this is recognize the 50 years of ministry that Father Justice/State Appropriations bill that provided still a far cry from the nearly $800 rate paid Carl Vogel has given to the Catholic commu- literally hundreds of millions of our tax dollars to other counties in other states. Unfortu- nity in Texas. Since 1984, he has been with to fight drugs and drug-related crime, and we nately, these payments were essentially fro- the St. Michael Parish in McKinney, which is are finalizing action on $1.3 billion in assist- zen at these new floor levels, as the local/na- part of the Fourth Congressional District of ance to our allies in Colombia, where agents tional blend was difficult to implement be- Texas. Father Vogel celebrated his 50th anni- of the Colombian National Police are dying in cause of a budget-neutrality provision. (See versary of ordination with a Mass on May 28 Appendix B.) numbers to keep them off of our streets in In both 1998 and 1999, none of Minnesota’s at St. Michael, followed by a reception at- America. counties received a local/national blend rate. tended by his devoted parishioners and many Directly defying our efforts as a Congress This outcome resulted from the budget neu- friends. and a nation, a small group of well-funded ac- trality provision of the BBA, which requires A list of credentials and milestones of Fa- tivists have engaged in deceptive, back door, that Medicare+Choice payments not exceed ther Vogel's career would not begin to de- efforts that pretend to legalize drugs under payments that would have been made if pay- scribe the many ways in which this man has state law that are banned under federal law. ments were based solely on local rates. Ac- served his parishÐembracing not only the These activists hide behind the myth of so- cording to the House Committee on Ways and Means, a budget neutrality adjustment trials and troubles of his parishioners, but their called ``medical'' use of marijuana and other is ‘‘applied as necessary to the blended rates joys as well. He is the ever-constant protector drugs, despite the facts that there is no sci- to ensure that the aggregate of payments for and confidant that people seek out in their entific proof that smoked marijuana provides all payment areas equals that which would pastor. He is faithful to the teachings of the any real medical relief, and that the active in- have been made if the payment were based church and faithful to his parish, and his serv- gredient in marijuana is available in pill form.

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JN8.054 pfrm03 PsN: E30PT1 June 30, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1177 Increasingly, however, they have abandoned the provisions of the Controlled Substances known Washington lobbyist. Mr. Speaker, I even this pretense, and made clear that their Act and the Controlled Substances Import and rise to mourn the loss of Eileen Cooke and to goal is the legalization or decriminalization of Export Act. It would also expressly declare salute her as a great American Point of Light. narcotic drugs. such state and local enactments as null and As a result of Eileen Cooke's efforts the li- One activist called it the ``leaky bucket strat- void. If enacted, the bill would decisively pro- brary profession moved into the mainstream of egy . . . legalize it in one area, and sooner or hibit federal and state judges from giving any the political process. She demanded that the later it will trickle down into the others.'' The effect to drug legalization initiatives and legis- federal government recognize and respect li- bucket is now leaking faster. lation, and send an equally clear message that braries as universal institutions in our demo- The Governor of Hawaii just signed into law Congress will not tolerate backdoor efforts to cratic society which deserve greater and more state legislation that purports to allow the legalize narcotic drugs. consistent support. Her years as Director of ``medical'' use of marijuana, even though it's Mr. Speaker, this bill is not my billÐit be- the ALA Washington Office were marked by still illegal under federal law. Five states have longs to our mothers, fathers, families and our increases in federal funds for libraries, new ini- enacted laws by ballot initiative that purport to communities. It has strong support from nu- tiatives in legislation, and opportunities for li- allow so-called ``medical'' use of marijuana merous community groups and coalitions, nar- brary participation in a wide range of federal under state laws: Alaska, California, Maine, cotics activists, and tireless anti-drug advo- assistance programs. As a Congressman who Oregon and Washington. In furtherance of that cates, who have worked closely with my office is also a professional librarian I became a strategy, pro-drug activists are now attempting in drafting this bill. I would particularly like to partner with Ms. Cooke in the drive to achieve to pass ballot initiatives for the November acknowledge and thank Joyce Nalepka of priority status for libraries in the overall effort elections in six states to virtually decriminalize America Cares, who first raised this important to accomplish a better educated America. marijuana by removing criminal penalties for issue with me. I look forward to working with With indefatigable optimism Eileen Cooke its use in Alaska, Arizona, California, Colo- the anti-drug community to pass this legisla- worked with Members of Congress, staff as- rado, Massachusetts, and Michigan. tion, and I urge my colleagues to join me in sistants, educational and cultural organiza- These initiatives have already given us such supporting and passing it. tions, and all others who supported education Alice-in-Wonderland moments as the ``nation's [From People Magazine, June 12, 2000] and libraries. She brought to ALA and library first bed and breakfast inn catering to medical JOINT VENTURE—WHEN POT’S PRESCRIBED, services greater visibility and understanding. marijuana users'' in Santa Cruz, California. THE HIGH WAY LEADS TO THE COMPASSION Her exceptional leadership skills enabled her This ``establishment'' was featured in People FLOWER INN to develop and maintain a small but dedicated, magazine with a smiling couple holding mari- At the Compassion Flower Inn in Santa energetic and productive staff. She left a juana plants in front of their home, which is Cruz, Calif., there are smokers—and there cadre of experienced and skillful followers as said to contain cannabis-themed tiles on the are smokers. Cigarette smokers are banished a potent and enduring legacy. sidewalk, and hemp curtains and towels. That to the front porch. Smokers, on the other After joining the ALA Washington Office, really sounds like a ``medical'' facility to me. hand, may feel they’ve died and gone to pot. she lectured at several of the library schools We've also seen the bizarre decision by the Cannabisthemed tiles adorn the sidewalk and spoke at many of the annual conferences Oakland City Council to declare a ``public outside. Curtains, linens and towels are of the state library associations. She served health emergency'' after a court closed the made of hemp. And . . . say, what is that funny smell, anyway? on the boards of several Washington-based city's medical marijuana club, and the The five-bedroom bed-and-breakfast, just a organizations; was the first woman president issuance of photo ID cards supposedly allow- stoner’s throw from the beach, exists as a of the Joint Council on Educational Tele- ing marijuana use by the Arcata, California po- safe—and perfectly legal—haven for people communications; served on the Board of Visi- lice chief. who smoke marijuana for medical reasons. tors of the School of Library and Information But this is all an illusionÐstates can't permit ‘‘Motel 6 guests probably smoke it quietly in Service Satellite Consortium; and on the Advi- marijuana use, because it's illegal under fed- their rooms,’’ says Andrea Tischler, 57, who sory Council of the Home and School Institute, eral law. The legalization initiatives mislead with her partner, Maria Mallek-Tischler, 46, Inc. the public into breaking federal law and di- opened the inn in a restored Victorian in April. ‘‘This is more out of the closet.’’ rectly counter congressional policies against During her tenure in Washington, Eileen Guests who show up hoping to be provided drug use and the provisions of the federal Cooke worked on every major piece of library with marijuana go away disappointed; the legislation and helped prepare witnesses to Controlled Substances Act. Today, I am intro- Compassion Flower is strictly BYOP. And, as ducing legislation to stop this charade once required by California law, a doctor’s note is testify before Congress. This includes, among and for all, with the support of my colleagues also necessary. Tischler, who grew up in Chi- other issues, the Library Services and Con- on the Speaker's drug task force and others, cago, and German-born Mallek-Tischler, a struction Act, the Higher Education Act, the El- including Task Force Co-Chair MCCOLLUM, couple since 1979, have been pot-legalization ementary and Secondary Education Act, the activists since the 1980s in San Francisco. Chairman MICA of the Drug Policy Sub- Medical Library Assistance Act, Copyright Re- ‘‘We had a lot of friends with AIDS,’’ says committee, Chairman GILMAN, Mr. SESSIONS, vision Act, the National Commission on Librar- Tischler. ‘‘They were taking AZT, and mari- Mr. NORWOOD, Mr. MYRICK, Mr. FOLEY and Mr. ies and Information Science, both bills calling juana seemed to bolster their appetite.’’ for a White House Conference on Library and BAKER. Out in the sunshine-soaked ‘‘toking area,’’ Information Services, as well as the various Federal law is ordinarily assumed to pre- a new arrival, Scott Byer, 53, of Clearlake, empt contrary state laws. However, the Fed- Calif., who smokes to ease spinal pain, has annual appropriations bills to fund these pro- eral Controlled Substances Act does not con- taken out a small porcelain pipe and is fill- grams. tain an express preemption clause, and cur- ing it. He doesn’t even have his room key On the occasion of her retirement, former rently has language stating that the intent of yet. ALA President and Director of the District of Congress is not to occupy the entire field of f Columbia Public Library, Hardy Franklin, de- regulation of narcotic drugs. In light of the scribed Eileen Cooke as a ``51st State Senator state initiatives, federal courts could potentially A GREAT AMERICAN POINT OF on Capitol Hill.'' She was a fighter capable of interpret the language of state efforts to regu- LIGHT, EILEEN D. COOKE hard-nose analysis but always focused and late narcotics as legally harmonious and prop- deliberative. She was a coalition builder who er. In fact, one federal district judge has al- HON. MAJOR R. OWENS won both fear and admiration from her adver- ready argued in non-binding language that OF NEW YORK saries. Above all she had vision and could see far ahead of the government decision-makers. Congress intended federal law to regulate IN THE HOUSE OF REPRESENTATIVES drug trafficking, and not ``medical'' marijuana She understood the nature of the coming ``In- use. Thursday, June 29, 2000 formation Superhighway'' and could predict My bill will remove any potential loophole or Mr. OWENS. Mr. Speaker, Eileen D. Cooke the vital role of libraries and librarians as the ambiguity by clearly declaring that it is the in- was first and foremost a librarian, a member traffic signals on this expressway into the tent of Congress for federal law to supersede of the profession that knows where to find the cyber-civilization of the future. any and all laws of states and local govern- information about any phenomenon known to Mr. Speaker, the work of Eileen D. Cooke ments purporting to authorize the use, grow- human kind. She started her career as a benefits all Americans. She has won the right ing, manufacture, distribution or importation of bookmobile librarian for the Minneapolis Public to be celebrated and saluted as a Great Amer- any controlled substance which differs from Library. She concluded her career as a well- ican Point-of-Light.

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JN8.057 pfrm03 PsN: E30PT1 E1178 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 2000 DEPOSIT INSURANCE INCREASE an increase. It calls for two studies and two Again, ACB strongly supports your draft FEASIBILITY ACT OF 2000 reports on the subject. It provides for parity by bill, and stands ready to offer any assistance including all the financial institutions regulatory at our disposal. HON. CHARLES A. GONZALEZ agencies in the deliberations. Sincerely, I have received a letter of strong support for ROBERT R. DAVIS, OF TEXAS Managing Director, IN THE HOUSE OF REPRESENTATIVES H.R. 4603 from America's Community Bank- Government Relations. ers, which represents the nation's community Thursday, June 29, 2000 banks of all charter types and sizes, and a let- f Mr. GONZALEZ. Mr. Speaker, recently, I inter strongly supporting the bill on behalf of the PERSONAL EXPLANATION troduced H.R. 4603, the ``Deposit Insurance Credit Union National Association and the 78 Increase Feasibility Act of 2000.'' I decided to million credit union members nationwide. I introduce this bill after being contacted by var- HON. DARLENE HOOLEY would ask that both letters be inserted in the OF OREGON ious representatives of the financial services ONGRESSIONAL ECORD C R immediately following IN THE HOUSE OF REPRESENTATIVES community who are interested in researching this statement. I look forward to the bill's en- the feasibility of increasing the current deposit actment and to receiving the dual reports in Thursday, June 29, 2000 insurance coverage limit, which has been set Congress sometime in the near future. Ms. HOOLEY of Oregon. Mr. Speaker, on at $100,000 since the early 1980s. Several dif- CREDIT UNION Wednesday, June 28, 2000 during the Demo- ferent proposals crossed my desk, but I de- NATIONAL ASSOCIATION, INC., cratic motion to recommit H.R. 4680, my cided to take the more moderate and prudent Madison, WI, June 9, 2000. pager malfunctioned. approach for the time being. My bill, H.R. Hon. CHARLES GONZALEZ, As a result, I was not aware of the ongoing 4603, the ``Deposit Insurance Increase Feasi- Cannon House Office Building, vote, and as a result I was prevented from bility Act of 2000,'' would, I believe, take the Washington, DC. participating. DEAR CONGRESSMAN GONZALEZ: On behalf of However, if present I would have voted proper approach to this question at this time. the Credit Union National Association As introduced, H.R. 4603 will require two (CUNA) and the 78 million credit union mem- ``yes'' on this measure (Vote 356). different studies and reports on the feasibility bers nationwide, I am writing to express our f and potential impact of increasing the max- support for the legislation you introduced COMMENDING THE FIRST BAPTIST imum amount of deposit insurance under the yesterday, H.R. 4603. CHURCH OF CEDARTOWN YOUTH Federal Deposit Insurance Act and the Fed- CUNA and its member credit unions be- CHOIR FOR PARTICIPATING IN eral Credit Union Act from $100,000 to lieve deposit insurance has become an indispensable part of the financial services land- THE NATIONAL FESTIVAL OF $200,000 per depositor and require the noted scape and has contributed significantly to YOUTH CHOIR U.S. financial services regulatory agencies to consumer trust and confidence in all deposi- recommend an appropriate deposit insurance tory institutions. Because of this important level for both banks and credit unions but role, CUNA strongly urges Congress to thor- HON. BOB BARR through two separate but equal studies. The oughly assess all possible ramifications of OF GEORGIA bill would also require two separate but equal any change in the level of insurance cov- IN THE HOUSE OF REPRESENTATIVES reports to be submitted to Congress six erage, and we are encouraged by your pro- Thursday, June 29, 2000 posed studies. months after the date of enactment of the leg- CUNA also favors the feature of the legis- Mr. BARR of Georgia. Mr. Speaker, yester- islation. lation that calls for a separate study of the day I had the opportunity to meet with a very Congress has often been accused of jump- National Credit Union Share Insurance Fund special group of young people from my home ing the gun and failing to thoroughly research (NCUSIF). Operationally and structurally, district in Georgia. The First Baptist Church an issue prior to acting. Congress has also the NCUSIF is unique among federal insur- Youth Choir, from Cedartown, Georgia, are in been accused in the past of failing to move in ance funds and merits an appraisal that con- Washington to participate in the Fourth Annual siders and evaluates its distinctions. a timely manner on numerous issues. Case in Nation's Capital Festival of Youth Choirs. point is the decades Congress spent reviewing We commend you for the prudent and sound approach you have taken to this im- The festival this year is being hosted by the the potential reform of the Glass-Steagall Act portant and complex issue. CUNA looks for- First Baptist Church of Alexandria, Virginia. before finally enacting financial services reward to playing a helpful role in the enact- The festival, first started as a result of efforts form legislation last year in the form of S. 900, ment of H.R. 4603, and I encourage you to of Randy Edwards, a pastor from Shreveport, which I supported. For these reasons, I de- contact me if I can be of further assistance. Louisiana, who formed ``Youth Choirs, Inc.,'' a cided to introduce this bill in the form of a Sincerely, non-profit organization. This organization was study instead of an immediate increase in de- DANIEL A. MICA, dedicated to building church youth choirs President and CEO. posit insurance coverage. The study will hope- across denominational lines. The festival choir fully acknowledge that deposit insurance has AMERICA’S COMMUNITY BANKERS, consists of 300 youth from across the nation. become an indispensable part of the financial Washington, DC, May 26, 2000. The festival is limited to 300 singers, and services landscape while promoting consumer Hon. CHARLES A. GONZALEZ, this year is made up of 17 youth choirs from trust and confidence in all U.S. financial insti- House of Representatives, throughout the country. I was honored to tutions. More importantly, the two studies will Washington, DC. spend time with the First Baptist Church of provide Congress with the recommendations it DEAR REPRESENTATIVE GONZALEZ: Amer- Cedartown Youth Choir. The group consists of will need by both the banks and credit union ica’s Community Bankers strongly supports high school students who are members of this regulatory agencies to thoroughly assess all your draft bill, the ‘‘Deposit Insurance Fea- sibility Act of 2000.’’ America’s Community church and the Second Avenue Baptist possible ramifications of any change in the Bankers represents the nation’s community Church in Rome, Georgia. They were accom- level of insurance coverage. In this way, few banks of all charter types and sizes. ACB panied on this trip by their church music direc- will attempt and virtually none will be able to members pursue progressive, entrepreneurial tors, Mitch Huskison of Cedartown, and Joe say that Congress acted imprudently. The fact and service-orientated strategies in pro- Preston of Rome, and several proud parents. that the studies and reports are to be com- viding financial services to benefit their cus- This choir from Georgia, along with those pleted and submitted within six months of the tomers and communities. from other parts of the country, will deliver the date of enactment of my bill provides enough Bankers would welcome an increase in de- prelude on Sunday, July 2nd at National Ca- posit insurance. ACB cautions, however, that time for a thorough review of the issue while bankers need to know first whether they thedral. The choirs, accompanied by an or- also permitting Congress to access the studies would incur an increase in premiums or chestra, will also present a ``grand concert'' at and reports in a timely manner, and hopefully other costs. That is why we are particularly the First Baptist Church of Alexandria, Vir- move on the recommendations sooner rather pleased that your bill would help answer this ginia. than later. Such studies and reports should important question. In a world in which media attention fre- serve to permit those regulatory agencies Taking inflation into account, the cov- quently focuses on reporting youth violence, which have recently expressed concern about erage limit today could be increased and in- crime, lack of family values, and problems with dexed to prevent further erosion. But if an increasing the deposit insurance limit to increase in insurance coverage merely re- our educational systems, it would behoove us $200,000 to participate in the review of the sulted in a reshuffling of deposits among all to take a moment to recognize the Chris- coverage limit and to provide a specific cov- banks, a redistribution might be particularly tian young people who have worked to pay for erage limit recommendation to Congress. I damaging for smaller community banks and this trip; and who have prayed for their lead- should stress that this bill does not mandate their customers. ers, their bus driver, the chaperones, all the

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JN8.059 pfrm03 PsN: E30PT1 June 30, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1179 kids who are attending, and for themselves, THE U.S. CAPITOL POLICE [the] Fire Department [for] 60 years and I that they might make beautiful music to glorify DEPARTMENT was a Trusted Lieutenant, Department our Lord. Chief, and a Fire Commissioner for 9 years. I salute the membership, staffs, parish- 20 [years as a] School Trustee, 7 years [on HON. LORETTA SANCHEZ the] 4H Executive Board, 40 [years as a] ioners, and parents of these students of the OF CALIFORNIA Farm Bureau Trustee and a political Trustee Cedartown First Baptist Church and the Sec- IN THE HOUSE OF REPRESENTATIVES for 25 years. ond Avenue Baptist Church of Rome for sup- Thank you, porting this great ministry. Thursday, June 29, 2000 ADAM ZAVESKI. f Ms. SANCHEZ. Mr. Speaker, today I ad- There are thousands of Mr. Zaveski's dress on the subject of funding for the U.S. across this Nation who have given so much to PERSONAL EXPLANATION Capitol Police. make this country great. In their time of need, The House has now passed legislation en- let's not turn our backs. HON. JO ANN EMERSON suring appropriate funding levels for this law Now is the time that this Congress heard OF MISSOURI enforcement division. the pleas of our seniors and help Mr. Zaveski IN THE HOUSE OF REPRESENTATIVES This Congress should take every oppor- and others. Now is the time to pass a reliable, tunity possible to salute the police officers of Thursday, June 29, 2000 affordable and comprehensive Medicare pre- this nation, as I do for those who serve my scription drug plan. Mrs. EMERSON. Mr. Speaker, I was attend- Congressional District in Orange County. f ing my daughter's high school graduation and Our nation loses an officer almost every missed the following recorded votes. Had I other day; we've lost three Capitol officers in MEDICARE Rx 2000 ACT been present, I would have voted, ``no'' on the line of duty. And that doesn't include the SPEECH OF rollcall vote 292, ``no'' on rollcall vote 293, ones who may be assaulted or injured. ``no'' on rollcall vote 294, ``yes'' on rollcall vote The calling to serve in law enforcement HON. JIM KOLBE 295, ``yes'' on rollcall vote 296, ``yes'' on roll- comes with bravery and sacrifice. OF ARIZONA call vote 297. The thin blue line protecting our homes, our IN THE HOUSE OF REPRESENTATIVES f families and our communitiesÐand the fore- Wednesday, June 28, 2000 most symbol of American freedom and de- IN SPECIAL RECOGNITION OF BILL Mr. KOLBE. Mr. Speaker, I believe every mocracyÐpays a price, and so do the loved AND HELEN LOTT ON THE OCCA- senior citizen should have insurance coverage ones they leave behind when tragedy strikes. for prescription drugs. Pharmaceuticals are in- SION OF THEIR 60TH WEDDING They shouldn't have to do this dangerous creasingly an important part of modern medi- ANNIVERSARY job with inadequate resources. cine, and the cost of prescription drugs is ris- We have a responsibility to see that law ening faster than most seniors can afford. The HON. PAUL E. GILLMOR forcementÐparticularly those who guard the truth is, however, that most seniors already OF OHIO CapitolÐhave the resources they need. have drug coverage, and some have excellent I want to recognize my colleagues for their IN THE HOUSE OF REPRESENTATIVES coverage. According to the Health Care Fi- support of necessary funding for the U.S. Cap- Thursday, June 29, 2000 nancing Administration (HCFA), 65% of Medi- itol Police force. care beneficiaries already have prescription Mr. GILLMOR. Mr. Speaker, today I recog- f nize a very special couple from the state of drug coverage, either through their former em- Ohio. Mr. Speaker, on Friday, June 30, 2000, PRESCRIPTION DRUG COVERAGE ployer, through Medicaid or through the Medi- in the presence of many of their family mem- FOR SENIORS care+Choice program. bers, neighbors, and friends, Bill and Helen Unfortunately, over 13 million remaining will celebrate a milestone day in their livesÐ HON. MICHAEL P. FORBES seniors have no prescription drug coverage at the celebration of their sixtieth wedding anni- all. Often, these individuals are low-income OF NEW YORK seniors or people with large prescription drug versary. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, the celebration of the sanctity costs (due to multiple medications). Sadly, of marriage is one of our most cherished and Thursday, June 29, 2000 these people often must choose between buy- time-honored traditions. Throughout the ages, Mr. FORBES, Mr. Speaker, I'd like to submit ing groceries or taking their medication. This husbands and wives have reaffirmed their a letter I received from Adam Zaveski of travesty must not continue unabated. trust, faith, and most importantly, love for each Southhold, Long Island. Mr. Zaveski describes I believe we can help low-income seniors other on their wedding anniversaries. On this about his personal situation and the financial while preserving and strengthening Medicare most treasured day, we, as their friends, strains he and so many other seniors are ex- for current beneficiaries and future genera- neighbors, coworkers, and family members, periencing. tions. Moreover, I think we can do this without increasing premiums of jeopardizing the fiscal have the opportunity to recognize them for DEAR MR. FORBES: I am writing this letter their commitment, their sharing, and their love to let you know how some of our Senior Citi- stability of Medicare. H.R. 4680, the bipartisan Medicare prescrip- for each other. zens have to live. I am 98 (and 5 months) tion drug bill accomplishes these goals. The day on which two people are united in years old and not able to do any work, blind For those seniors who have drug coverage, marriage is much more than simply a cere- in one eye, can’t hear [any] word[s] hardly at all and can’t hardly walk. I have to live on the bipartisan plan won't change a thing. mony, with wedding vows and the exchanging $530.00 a month [from] Social Security and These seniors would continue to enjoy the of rings. It is the true union of two individuals have a small income which, I have with my benefits of their existing plan, if they choose. who then become one, inseparable entity. It is daughter who I live with. [It is] $140.00 a For those seniors who do not have coverage, the common bond and an unwavering dedica- month [and] she does not take any of it. She this plan will help them obtain coverage tion to each other that enabled their marriage gives it all to me to pay for my medicine. through Medicare. By doing this, the federal to grow and flourish. I have 5 prescriptions which cost me $23.00 government can reduce drug prices for all Mr. Speaker, for the past 60 years, Bill and for one pill and I use 5 every day which runs seniors. Helen have shown how love, compassion, and into $115.00 for 100 pills. I pay $60.00 for EPIC and $130.00 a month for [supplemental insur- Specifically, H.R. 4680 would: conviction are the cornerstones of their long ance through] AARP. Other medicines I pay Lower drug prices and expand access to and lasting marriage. Their strong commitment [for] in cash. prescription drugs for all beneficiaries. to each other is an example for each of us to You politicians do not realize that us Old Protect seniors against higher drug prices follow. Timers never got into the high wages that and runaway out-of-pocket costs. Mr. Speaker, at this time, I would ask my they get today. I used to farm for a living Subsidize insurance premiums and prescrip- colleagues in the 106th Congress to stand and [and] only made a living. What money I had tion drug purchases for low-income seniors. join me in paying very special tribute to Bill I spent on my wife. She had diabetes and had Expand an individual's right to choose the and Helen Lott on the occasion of their 60th both feet amputated and spent 6 months in [the] hospital. I had no insurance and Medi- coverage that best suits their needs through a wedding anniversary. May the love and happi- care paid for 3 months and [I] had to pay the voluntary and universally-offered benefit. ness they have found stay with them far into rest. Preserve and protect Medicare to keep the the future. Again, best wishes and congratula- I think I [have] done some good in the program solvent for our children and grand- tions on sixty wonderful years together. country while I was young. I belonged to children.

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JN8.063 pfrm03 PsN: E30PT1 E1180 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 2000 Ensure that today's scientific research and From 1943 to 1946 he served in the U.S. torney from 1974–1980, until his retirement, medical innovation will continue to find tomor- Navy as Lieutenant J.G. After his discharge at which time he continued his private prac- row's cures. he was engaged in the general practice of law tice in the Pine County area until his pass- Invest $40 billion to modernize and strength- in Milaca area. During the Korean war he ing. was appointed Special Assistant U.S. Dis- Preceding him in death are his first wife en Medicare. trict attorney in the prosecution of OPS vio- Eileen (Fitzgerald), parents Thomas and I encourage my colleagues to support this lations. Thereafter, he was appointed assist- Alice (Doyle) Ryan, brother Dr. James Ryan, bill. ant city attorney for the city of St. Paul, in son Thomas, infant Mary, grandson Patrick f which capacity he served six years. He had Johnson, and numerous other relatives. Sur- been connected with the Minnesota attorney vived by second wife of over 42 years, Mir- TOM RYAN: A TRIBUTE general’s office as special assistant in the iam, 13 children, 42 grandchildren, 36 great trial of jury cases in highway condemnation grandchildren. HON. JAMES L. OBERSTAR matters and in writing opinions on munic- Visitation and prayer service at Swanson ipal law. Funeral Chapel, Pine City, Sunday, June 11, OF MINNESOTA His specialty while in the city attorney’s 4:00 p.m.–7:30 p.m. Funeral mass and burial IN THE HOUSE OF REPRESENTATIVES office was in research and drafting legisla- are Monday, June 12, 10:30 a.m. at the Im- Thursday, June 29, 2000 tion and in presenting proposals to the legis- maculate Conception Church. lature. Mr. OBERSTAR. Mr. Speaker, I rise to pay He served as state representative of the old tribute to a truly great American, Thomas J. 55th district. As a member of the legislature THE HEART OF SOLID GOLD Ryan, whom the Lord claimed for eternal life he served upon many important committees By Gloria Baker earlier this month. such as the committees on judiciary, high- Dad was the man with a solid gold heart Tom Ryan's 87 years were lived with the ways, towns and counties, and veterans and from other men this set him apart. joy, wit, humor, intensity, and love of life military affairs. A husband, a father, and a dad too, for any- He ran for the office of state senator in the unique to his Irish ancestry. Tom Ryan was one can be a father but only someone new 21st district comprising of Chisago, special can be a dad. husband twice: to Eileen, who preceded him in Isanti and Pine counties in 1962. He served as death; and to Miriam, with whom he shared 42 He was a friend and teacher and sometimes Pine County Attorney from 1974–1980, until was even a preacher to this I’ll explain. glorious years; he was father of 13, grand- his retirement, at which time he continued As a lawyer his love was to keep law and father of 42, and great-grandfather of 36 and his private law practice in the Pine County order that was at times so trying for loved them all equally and dearly. area. Thomas was preceded in death by his first support he could have used a brick wall Tom Ryan served his country in the Navy filled with mortar. during World War II; and, again, during the wife Eileen (Fitzgerald), his parents, Thomas and Alice (Doyle) Ryan, brother Dr. James He lived life following his golden rule. His Korean conflict, as Special Assistant U.S. At- Ryan, son, Thomas J. (Ryan) Jr., infant convictions so strong he was stubborn torney prosecuting OPS violations. He served Mary (Ryan), infant grandson Patrick John- as a mule the city of St. Paul as assistant city Attorney, son, and numerous other relatives and ‘‘Innocent until proven guilty’’ Much time the people of the 55th legislative district in the friends. spent representing family and friend, Minnesota House of Representatives, and He is survived by and sorely missed by his defending, prosecuting and closing reserved the people of Pine, Isanti, and Chisago second wife and best friend of over 42 years, alty. counties in the Minnesota State Senate, mak- Miriam (Young Mueller), 13 children; Kath- An exceptionally special adult generous to a leen (Ryan) and Terrance Oakes, Ortonville; fault. ing his mark with important legislation affecting Constance (Ryan) and Thomas Oakes, Marine the judiciary, towns and counties, veterans, Many times working gratis whether intended on the St. Croix; Thomas and Phyllis or not, often putting him in a spot. and highways. Mueller, Aitken; John Ryan, Astoria, Or- He’d give away his last dime and the shirt off This brief recitation of only the highlights of egon; Patricia (Ryan) and Denis Paine, his back. Isanti; Paul and Judy Mueller, Apple Valley; Tom's professional life shows abundantly that Well known for the gift to talk of which one Michael Ryan and fiance Helen Bartell, he was a man who, in Justice Oliver Wendell dared not balk. Mora; Carol (Mueller) and Roger Abdella, Holmes' words, ``lived grandly in the law''Ð He once aspired to be a district court judge. Pine City; Rosemary (Mueller) and Lawrence meaning that he was devoted to and an advo- Served the people as he represented us in the Perreault, Pine City; Gloria (Mueller) and days long before politicians toured on cate of the law. He was also devoted to public Ralph Baker, Pine City; Mary (Mueller) and bus. service as a calling and a vocation. Dennis Willert, Pine City; Therese (Mueller) Tom Ryan was my friend, counselor, and and Richard Prihoda, Pine City; Shawn All of his life he remained active role model in his commitment to his family (Ryan) and Douglas Johnson, Pine City, also often entering into debate that became reac- first, and to the people whom he so ably survived by 42 grandchildren, 36 great grand- tive. served in both elective and appointive office. children, many nieces and nephews. With a passion for politics Tom Ryan's life and legacy might best be Visitation and prayer service at Swanson he was staunchly Democratic Farmer Labor, the DFL this was no secret everyone summed up by a scripture verse I have always Funeral Chapel, Pine City, Sunday, June 11, from 4:00 p.m.–7:30 p.m. Funeral mass cele- could tell. loved, from Proverbs, ch. 18, v. 31: ``Gray hair bration and burial will be on Monday, June Verbally opinionated is a crown of glory;'' it is gained by virtuous 12, at 10:30 a.m. at the Immaculate Concep- carrying on conversations until someone living.'' tion Church in Pine City, with Father Mi- surrenders or when he would become sati- I will miss Tom greatly; but he will always chael Lyons officiating. ated. be a part of my life and an inspiration to my His legacy of love for family, involvement A strong Catholic and love of god public service. Tom, and especially Miriam, as and vitality for life will continue to be an in- There were Wednesday night family Rosary well as all their beautiful family, will always be spiration to us all. In life he was teaching us, meetings in my prayers. in his passing he taught us. Rest in the peace first come got the best seating there were no and love of the Lord, and meet us at heaven’s pressures just told to come if you Mr. Speaker, I submit for the RECORD the gate when it is our turn. following obituary which appeared in numer- could. Thomas graduated from the College of St. Though we sometimes were too tired, we felt ous newspapers, as well as the beautiful Thomas and William Mitchell School of Law. like we should. poem, ``The Heart of Solid Gold,'' written by He served in the U.S. Navy as Lieutenant Many trips by plane, boat, rail, or in the car J.G. 1943 to 1946. After discharge he practiced Tom's loving daughter, Gloria Baker. with mom they would go far. law in the Milaca area. During the Korean The Carribean, Mexico, Canada, Africa, THOMAS J. RYAN War he was appointed Special Assistant U.S. Spain and Ireland. 10/3/12—6/8/00 District Attorney in the prosecution of OPS All over the states in this great big beautiful On October 3, 1912, Irishman, Thomas Jo- violations. He was appointed Assistant City land seph Ryan was born in Portland, Oregon. In Attorney for the city of St. Paul, and served 1935 he graduated from College of St. Thomas for six years. Through the Minnesota Attor- The car was pre-programmed to stop at P.Q.s with a BA degree in social and political ney General’s Office he was a special assist- From this we have all learned to take science. In 1943 he graduated from the Wil- ant in the trial of jury cases in highway con- the cue. liam Mitchell School of Law with an LLB de- demnation matters and in writing opinions Eating healthy a must gree and was admitted to the practice of law on municipal law. He was state representa- in the banana split he put his trust in the state of Minnesota. His personal com- tive of the old 55th district. In 1962 he ran for Playing cards he was sharp; 500 or bridge mitment to the field of law would not allow the office of state senator in the new 21st on rotating teams he would play. him to retire and he continued his private district comprising of Chisago, Isanti, and His partner of choice was mom practice until the time of his passing. Pine Counties. He served as Pine County At- Often a winner he would beam

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JN8.068 pfrm03 PsN: E30PT1 June 30, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1181 for they made the best team. the Newspaper Association of America for I also congratulate the Newspaper Associa- Like a cowboy ready to draw their Old King Coal Day project. tion of America for creating this program to Sitting in his electronic easy chair he was The NAA will present them with one of its encourage newspapers to become more ac- armed with a remote in each hand with Newspaper Innovators in Education Awards tively involved in schools. Our democracy de- a push of a button it would boost him on July 14, and they will also be participating pends on well-informed citizens, and this pro- to stand. in a week-long educational seminar as guests gram helps to develop our young people into Chocolates or ice cream along side of the NAA. They in turn will present the Old the active citizens of tomorrow. he surfed the channels with all of his might. He watched the TV news that kept him in King Coal Day program to Newspapers in I am pleased to call the service of Carol light Education people from across the country. McNulty and Debby Higgins and their well-de- This project began as a way to teach a new served honors to the attention of the House of For lady luck he did look like searching generation of children about the history of through the pages of a great new book. Representatives, and I send my best wishes A favorite machine he did have it was the Northeastern Pennsylvania, especially the role for continued success. slot called one-eyed jacks. that the anthracite coal mining industry played f Like life, it was a gamble bells and whistles in the region's development. Through the ef- sometimes would ramble. forts of many people, Old King Coal Day be- IMPLEMENTATION OF THE NAZI WAR CRIMES DISCLOSURE ACT His family his pride and joy as if they were came a reality on Sept. 23, 1999 at Edward a child’s new toy. Mackin Elementary School. He puffed up his chest bigger than the rest. Students listened to speeches about the HON. TOM LANTOS Filled with love he would always brag. Molly Maguires and breaker boys, watched OF CALIFORNIA Like a lion I must boast proudly of this man presentations about mining tools and equip- IN THE HOUSE OF REPRESENTATIVES we called dad, husband and friend. ment, and learned about the area's coal herit- Thursday, June 29, 2000 Until the very end a handsome Irish age. The organizers felt the day was a suc- man. cess and are planning a second Old King Coal Mr. LANTOS. Mr. Speaker, earlier this Full of dignity, pride, peace, and grace some- Day for September at the Pringle Street Ele- week, the Subcommittee on Government Man- times as delicate as fine lace, always, mentary School in the Wyoming Valley West agement, Information, and Technology held a and even with his failing health he School District. This spring, I visited with the particularly important hearing on the imple- gave us a wealth of gifts to carry in our mentation of the Nazi War Crimes Disclosure hearts. students at Mackin elementary and can attest to the enthusiasm Ms. McNulty has generated. Act (P.L. 105±246). That hearing was held Numerous wonderful ‘‘I Love You’s’’ as if he under the very able leadership of our distin- couldn’t tell us enough from this man Old King Coal Day stimulated the students to guished colleague from California, STEPHEN he who sometimes played tough. seek a postal stamp honoring coal miners. On HORN. Chairman HORN has shown unwavering Hand dances, singing the Rose of Tralee, con- their behalf, I recently submitted to the Citi- support and a deep personal commitment to versations, or just smiles, and those zens' Stamp Advisory Committee the petitions bring to justice Nazi war criminals through the beautiful dancing Irish eyes all never that the students circulated, bearing more than full declassification of documents in posses- to part. 2,000 signatures. His golden heart of love stopped beating and One of the fourth-grade students, Stephen sion of the National Archives and Records with that a part of ours did too, but his Grobinski, whose great-great-grandfather was Service. His strong leadership was essential in the passage of the Nazi War Crimes Disclo- legacy of love for family, involvement killed in a coal mine, wrote an especially mov- sure Act two years ago. and vitality for life will continue to be ing letter to the head of the Citizens' Stamp an inspiration to us. Mr. Speaker, I would also like to thank the In life he was teaching us in his passing he Advisory Committee explaining why a coal current Ranking Member of the Subcommittee, miners stamp would be important to him. I taught us. Congressman JIM TURNER, and the former would like to have this letter reprinted in full Rest in the peace and love of the Lord, Dad, Ranking Member, Congressman DENNIS below and meet us at heavens gate when it is KUCINICH, for their unwavering commitment to our turn. declassification issues in the pursuit of Nazi DEAR DR. VIRGINIA NOELKE: We want you f to issue the stamp, because we want to honor war criminals and human rights offenders around the world. Special recognition and ap- PERSONAL EXPLANATION the dead miners. How would you feel if your dad, grandpa, uncle, and your friends died in preciation should also be given to Congress- a mine? My great, great grandpa died in the woman CAROLYN MALONEY, who introduced HON. STEPHANIE TUBBS JONES mines. How do you think other people feel? I the Nazi War Crimes Disclosure Act in the OF OHIO don’t feel happy. They probably feel sad that House and who has been a leader on these IN THE HOUSE OF REPRESENTATIVES their dads, grandpas and uncles died. issues. We did lots of projects for ‘‘Old King Coal Mr. Speaker, the successful implementation Thursday, June 29, 2000 Day.’’ We did it to honor all the miners. I of any bill passed by Congress must be meas- Mrs. JONES of Ohio. Mr. Speaker, on June know somewhere in your heart you feel sad. If you don’t, I can’t understand why. People ured against the goals we set out to achieve. 22, 23 and 26, 2000, had family commitments say that children can make a difference, and The goal of the Nazi War Crimes Disclosure and missed rollcall votes 315, 316, 317, 318, that is our goal. Act is to declassify and make public any re- 319, 320, 321, 322, 323 and 324. I ask that One thing I want to know is why did you maining documents in U.S. possession con- the record reflect that had I been present, I say no to all the people that asked you to cerning Nazi crimes, criminals and looted would have voted ``aye'' on rollcall votes 315, issue the stamp? I hope you listen to us. If property. At the same time this ``right to know'' 316, 317, 318 and 319. Also the record should you say yes, I know that all the little people must be balanced against legitimate reasons reflect I would have noted ``no'' on rollcall like me can make a difference in our lives. I to continue to withhold certain documents. said little people could make a difference be- votes 320, 321, 322, and ``aye'' on rollcall vote cause all my life I gave up, but this time I’m Since we are dealing with documents that are 323 and ``no'' on rollcall vote 324. not going to give up! This is one thing that now half a century old, however, there clearly f I want to accomplish!. I want a stamp to should be a bias in favor of declassification. honor the coal miners. Please, say you will In compliance with Section 2 (b)(1) of the MCNULTY, HIGGINS HONORED FOR grant my special wish. Nazi War Crimes Disclosure Act, President OLD KING COAL DAY PROGRAM Sincerely, Clinton issued Exec. Order 13110 on January STEPHEN GROBINSKI. 11, 1999, which created the ``Nazi War Crimi- HON. PAUL E. KANJORSKI The NAA award, which is a monetary prize, nal Records Interagency Working Group OF PENNSYLVANIA will be shared by the Wilkes-Barre Area (IWG).'' This organization was established to IN THE HOUSE OF REPRESENTATIVES School District, which participated in the First resolve the conflict between the policy require- Old King Coal Day, and the Citizens' Voice ment for public disclosure with the need for Thursday, June 29, 2000 NIE program. confidentiality of records and documents be- Mr. KANJORSKI. Mr. Speaker, I rise today Mr. Speaker, I think it is also worth noting cause of national security requirements. I want to pay tribute to Carol McNulty, a teacher at that Carol McNulty has been named The Citi- to pay tribute to the members of the IWG. No Edward Mackin Elementary School in Wilkes- zens' Voice Teacher of the Year. Both Carol matter how well intended and carefully crafted Barre, and the Newspaper in Education pro- McNulty and Debby Higgins are to be com- legislation is, the people who are chosen to gram of the Citizens' Voice, which is run by mended for their fine work with our young implement it have a great impact upon assur- Debby Higgins. Carol and Debby will be com- people and for ensuring that our history is ing that the intention of the Congress is met. ing to Washington to receive an award from passed on to future generations. The efforts of the IWG have been outstanding.

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JN8.072 pfrm03 PsN: E30PT1 E1182 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 2000 The Members of the IWG are Chairman Mi- provide from its own budget nearly $1 million istration have resulted in America's health chael J. Kurtz of the National Archives and in staff and other support services by the end care providers undergoing great fiscal adversi- Records Administration (NARA), Thomas H. of FY 2000. This support falls far short of what ties. BBA-compelled reductions to the Medi- Baer of Steinhardt Baer Pictures Company, is required to satisfy the requirements of the care program have resulted in cost reductions Richard Ben-Veniste of Weil. Gotshal & Act. far greater than anticipated. Mr. Speaker, Manges, John E. Collingwood of the FBI, In addition, the Nazi War Crimes Disclosure since the Balanced Budget Act of 1997, which former Congresswoman Elizabeth Holtzmann, Act imposes a ``Sunset Provision'' of 3 years I supported, cuts in payment rates to Medicare Kenneth J. Levit of the CIA, Harold J. after enactment of the bill (Sec. 2(b)(1) ). Mr. health care providers have been far more sig- Kwalwasser of the Office of the Secretary of Chairman, I believe that the monumental task nificant and onerous than anticipated. As a re- Defense (OSD), William H. Leary of the Na- we as Members of Congress have given to sult, many health care plans have withdrawn tional Security Council staff, David Marwell of the IWG cannot be fully completed in this or are being forced to withdraw from the Medi- the U.S. Holocaust Memorial Museum, Eli M. time. Additional time certainly will be required. care+Choice program because of inadequate Rosenbaum of the Office of Special Investiga- Mr. Speaker, let us never forget why these reimbursement rates, particularly in rural tions at the Department of Justice, and William very able people work extremely hard to bring areas. Z. Slany of the Department of State. In addi- justice to victims and survivors of the Holo- Since passage of the BBA in 1997, Medi- tion, a Historical Advisory Panel composed of caust. It is simply unconscionable that war care spending is projected to have been re- seven outstanding historians supports the IWG criminals can escape justiceÐmany times by duced by more than $226 billionÐnearly $123 in their endeavors. Two historians, in particular hiding in the U.S. It is essential that we work billion more than Congress intended with the have played a critical role in the work of the so that family members of the victims of Hit- passage of the BBA. To alleviate some of IWGÐDr. Richard Breitman and Dr. Timothy ler's tyranny can know the fate of their loved these reductions, Congress passed, with my Naftali. ones, and that assets illegally seized from the support, the Balanced Budget Refinement Act Mr. Speaker, this has been a mammoth un- victims not remain forever hidden. of 1999 (BBRA). Nevertheless, according to dertaking. In its interim report on the imple- Mr. Speaker, as this review clearly dem- the Congressional Budget Office's (CBO) pro- mentation of the Nazi War Crimes Disclosure onstrates, we have made incredible progress jections, reductions to the Medicare program ActÐa report which is mandated in Sec. 2 in opening up United States archives to are more than four times the $15 billion Con- (c)(3) of the Act the IWG reported that all records relating to the war crimes and the gress added as part of the BBRA. agencies completed a preliminary survey of crimes against humanity that were perpetrated For years, I have been saying we can and their records which could potentially be cov- by the government of Nazi Germany. must do more to address this healthcare prob- ered by the Act's requirement for declassifica- The Nazi War Crimes Disclosure Act (Sec. lem. Today, with the CBO estimating that the tion review. In the first year of its operations, 2(c)(1) ) defines Nazi war criminal records as non-Social Security surplus to the federal the IWG has screened over 600 million pages those pertaining to persons who have com- budget will exceed $40 billion, the Congress of material to identify potentially applicable mitted their crimes under the direction of, or in has no excuse but to address this healthcare files, principally at the CIA, Department of De- association with the Nazi government of Ger- problem. fense, FBI, and archival records in the Na- many, any government in occupied territories This measure expresses the ``sense of Con- tional Archives. During this initial screening, established by military forces, any collaborator gress'' that the House of Representatives that, some 50 million pages of material meeting the government, or any government which was an upon receipt of midyear Congressional Budget criteria of the legislation has been identified ally for the German Nazi government. This Office (CBO) re-estimates of the non-Social and is being further screened to determine if broad definition clearly includesÐand the Con- Security surplus, should promptly assess the declassification is covered by terms of the gress intended that it includeÐ records relat- budgetary implications of such re-estimates Nazi War Crimes Disclosure Act. ing to the Imperial Japanese government and and provide for appropriate adjustments to the This process is massive and tedious. An atrocities that were committed under its re- Medicare program during this legislative ses- enormous amount of material needs to be cat- sponsibility throughout Asia. sion. egorized, catalogued, and systematically I welcome and fully support the decision of I would note that just last week, President searched. In the all too frequent absence of the IWG to move now to wartime records re- Clinton proposed $21 billion over five years an existing catalogue system responsive to lating to Imperial Japan in an effort to bring to and $40 billion over ten years in restorations the special focus outlined in the Nazi War light the war crimes that were committed by for these providers. Regrettably, the flawed Crimes Disclosure Act, a line-by-line review of units of the Imperial Japanese military forces Republican prescription drug bill that passed many, many documents has often been re- during World War II. The task of dealing with the yesterday failed to include restoration of quired. the Japanese records are more difficult. This these BBA cuts, as the President has ad- Mr. Speaker, additional problems have oc- requires the assembly of a whole new team of vanced. curred when documents are found which were scholars and historians, and different language The Democratic Medicare prescription drug given to the United States by allied foreign in- capability is required for these documents than plan, that the Republicans were scared to telligence services with the understanding that is required for the Nazi German records. allow this body to vote on yesterday, included the United States would not publicly disclose Mr. Speaker, I commend the members of these payment restorations. This resolution is them. Special permission to make such docu- the IWG for their remarkable efforts. I also a belated recognition by the Republican lead- ments public in many cases has required commend Chairman HORN for holding the ership that the improved budget outlook with careful negotiation. hearings to review the implementation of the larger projected surpluses not only makes Despite these problems, in its short life Nazi War Crimes Disclosure Act. The task these payment adjustments possible, but span, the IWG has released 400,000 pages of which is established in the legislation is an im- makes them essential. documents which are now available to the portant one as we work to bring a conclusion Mr. Speaker, in light of economic perform- public at the National Archives and Records to this chapter in our history. ance that far surpasses any expectations, I Administration. In addition, the IWG has pub- f ask my colleagues in the House to join me in lished ``finding aids'' to the records on Nazi further relieving some of the unanticipated ef- war crimes and Holocaust-era assets which SENSE OF THE HOUSE CON- fects of the BBA 1997 and join me in sup- are housed at the National Archives in College CERNING USE OF ADDITIONAL porting H. Res. 535. Park in order to make the released documents PROJECTED SURPLUS FUNDS TO f more easily accessible and useable to the SUPPLEMENT MEDICARE FUND- general public. ING INTRODUCTION OF THE NATIONAL Mr. Speaker, while the Nazi War Crimes FLOOD INSURANCE PROGRAM Disclosure Act authorizes the funds necessary SPEECH OF FAIRNESS ACT OF 2000 to conduct all this work (Sec. 2(b)(d) ), the HON. KEN BENTSEN IWG did not receive any appropriations for its OF TEXAS HON. FORTNEY PETE STARK heroic effort. The Office of Special Investiga- IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA tions (OSI) of the Department of Justice made IN THE HOUSE OF REPRESENTATIVES available $400,000 for IWG support from an Wednesday, June 28, 2000 appropriation related to the Act. The National Mr. BENTSEN. Mr. Speaker, the Balanced Thursday, June 29, 2000 Archives, which is charged by the President Budget Act of 1997 (BBA) and programmatic Mr. STARK. Mr. Speaker, today I am intro- with the administrative support of the IWG, will changes by the Health Care Financing Admin- ducing the National Flood Insurance Program

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\K29JN8.001 pfrm03 PsN: E30PT1 June 30, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1183 Fairness Act of 2000. This February many of TRIBUTE TO THE LATE SERVICE- 478th Service Squadron, 1037th Signals; Cpl. my constituents were placed into a special MEN OF USAAF B–17 40–2072 Edward Tenny, 479th Service Squadron. hazard flood zone, a designation which neces- Pfc. Norman J. Goetz, 480th Service sitated the purchase of flood insurance. These HON. GARY G. MILLER Squadron; Pfc. Frederick C. Sweet, 481st residents were not notified that they would be OF CALIFORNIA Service Squadron, 46th Ordnance Company; required to purchase flood insurance until two IN THE HOUSE OF REPRESENTATIVES T/Sgt. Alfred H. Frezza, 27th Depot Repair months or less before the maps became effec- Squadron; Cpl. Jacob O. Skaggs, Jr., 27th Thursday, June 29, 2000 tive, even though the law is supposed to give Depot Repair Squadron; Pvt. James E. them six months notice. This exacerbated an Mr. GARY MILLER of California. Mr. Speak- Finney, 27th Depot Repair Squadron; Pvt. already difficult situation, as residents who had er, I rise today to recognize and honor forty Raymond D. Longabaugh, 842nd Aviation En- not seen flooding in decades or a lifetime had American soldiers killed over fifty-seven years gineer Battalion; Cpl. Marlin D. Metzger, 374th little notice to purchase costly insurance. ago in a terrible aviation accident. This mishap Troop Carrier Group, 6th Troop Carrier Squad- occurred in Bakers Creek, Queensland, Aus- Several residents who did not believe they ron; Pfc. Frank S. Penska, 374th Troop Car- tralia on 14 June 1943. At the time, it was not were in the flood zone hired a surveyor at rier Group, 6th Troop Carrier Squadron; Sgt. only the worst aviation accident in Australia, their own expense. The data provided by this Anthony Rudnick, 565th Signal Battalion, but also the worst aviation accident of World private surveyor resulted in their homes being Company A; Pfc. Vernon Johnson, 440th Sig- War II. nal Battalion, Company A; Pfc. John W. removed from the special hazard flood zone. The aircraft was operated by the United While these residents were not required to Parker, 809th Chemical Company. States Army Air Force 46th Transport Carrier Mr. Speaker, although these men came purchase flood insurance, they did spend over Squadron, 317th Troop Carrier Group $200 each for the surveyor. They were told by from twenty different states, were from many (46TCG) of the 5th Air Force, United States different walks of life, and served in many dif- FEMA that they were responsible for that ex- Army Air Force, and was one of many B±17 pense, even though the mistaken flood zone ferent units, their common purpose was one: aircraft removed and converted from combat service to our nation. Until recently, the details classification was made by the county engi- status and placed with the 46th as a transport neers. of this mishap were classified by the Air aircraft. Shortly after takeoff from the Mackay Force, but now that the incident is available Clearly the national flood insurance program airport in Bakers Creek, Australia, their B±17 for public attention, I desire to honor the mem- needs to be revised to give homeowners more flying Fortress lost altitude, falling to the earth ory of these fine young men. notice and due process. That's why I am pro- in a slow and steady bank and crashed in a I applaud the efforts of people like Mr. Colin posing this legislation. ball of flames. In addition to the six crew Benson, who is a historian for the Mackay The National Flood Insurance Program Fair- members, thirty-five soldiers were on board, chapter of the Returned and Service League ness Act of 2000 would do the following: Re- returning to their posts after being on leave in (RSL) of Australia. Mr. Benson's devotion to quire the FEMA Director to notify by registered Mackay. Their names, rank, and units follow: obtaining the records of the incident and seek- mail the Chief Executive Officer of each com- Crew: 1/Lt. Vern J. Gidcumb, Pilot, 317th ing recognition for these men has been long munity affected by changes in Flood Insurance Troop Carrier Group, 46th Troop Carrier and arduous. As an Australian, Mr. Benson's Rate Maps. The Director will be required to Squadron; F/O William C. Erb, Co-Pilot, 317th dedication to our American soldiers is com- provide a copy of the revised map, along with Troop Carrier Group, 46th Troop Carrier mendable. Rarely does a foreign country ap- a statement explaining the process of appeal. Squadron; 2/Lt. Jack A. Ogren, Navigator, plaud the efforts and sacrifices of another, and The director will also provide the affected 317th Troop Carrier Group, 46th Troop Carrier strive so hard to honor their dead. I also ap- community sufficient information to identify Squadron; S/Sgt. Lovell Dale Curtis, Crew plaud Mr. Eugene D. Rossel's commitment which homes are affected. Require the Direc- Chief, 317th Troop Carrier Group, 46th Troop and dedication to the disclosure of this terrible tor to notify by registered mail the Chief Exec- Carrier Squadron; S/Sgt. Frank E. Whelchel, mishap. He is that type of American who will utive Officer of each community of FEMA's re- Crew Chief, 374th Troop Carrier Group, 22th not rest until heroes like the men I listed sponse to the community's appeal of the flood Troop Carrier Squadron; Sgt. David E. above are recognized for their personal sac- insurance rate maps. Require the Director to Tileston, Radio Operator, 317th Troop Carrier rifice. notify by first class mail each owner of prop- Group, 46th Troop Carrier Squadron. Mr. Speaker, I ask that we give thanks to all erty affected by the changes in the flood insur- Passengers: Pfc. Arnold Seidel, 5th Air our veterans for the sacrifices they made for ance rate maps. Require FEMA to reimburse Force, 415th Signal Company; Pvt. Ruben L. our great nation. Unfortunately, we must also a resident for reasonable costs incurred in Vaughn, 5th Fighter Command, HQ Squadron; live with the knowledge that some of our serv- connection with a surveyor or engineer for an T/5 George A. Ehrman, 5th fighter Command, icemen and women do not live long enough to appeal to the Director which is successful. Signal HQ Company; S/Sgt. Roy A. Hatlen, become veterans. They give their lives so that This does not include legal services incurred 35th Fighter Group, 40th Fighter Squadron; S/ ours might be better, and the men of B±17 by the resident. Sgt. John W. Hilsheimer, 35th Fighter Group, 40±2071 did no less. May we continue to rec- 40th Fighter Squadron; Sgt. Dean H. Busse, ognize and memorialize our fallen servicemen It is my hope that the legislation will allow 35th Fighter Group, 40th Fighter Squadron; communities to better work with FEMA to en- and women, long into the future. Cpl. Raymond H. Smith, 35th Fighter Group, f sure that residents are given sufficient, fair, 40th Fighter Squadron; Maj. George N. Pow- and timely notice if they will be required to ell, 49th Fighter Group, HQ Squadron; Pfc. Je- CONGRATULATING 30 SIXTH GRAD- purchase flood insurance. rome Abraham, 49th Fighter Group, Hq ERS OF SHADY LANE ELEMEN- Squadron; Pvt. Charles, D. Montgomery, 49th TARY SCHOOL f Fighter Group, 7th Fighter Squadron; Capt. John O. Berthold, 49th Fighter Group, 8th PERSONAL EXPLANATION HON. ROBERT E. ANDREWS Fighter Squadron; Sgt. Carl A. Cunningham, OF NEW JERSEY 49th Fighter Group, 8th Fighter Squadron. IN THE HOUSE OF REPRESENTATIVES Sgt. Charlie O. LaRue, 49th Fighter Group, HON. JAMES L. OBERSTAR 8th Fighter Squadron; Sgt Leo. E. Fletcher, Thursday, June 29, 2000 OF MINNESOTA 38th Bombardment Group, 405th Bombard- Mr. ANDREWS. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES ment Squadron; Sgt. Donald B. Kyper, 38th commemorate a great day, on which 30 sixth Bombardment Group, 405th Bombardment grade students from Shady Lane Elementary Thursday, June 29, 2000 Squadron; Cpl. Franklin F. Smith, 38th Bom- School reached all of the appropriate levels on bardment Group, 405th Bombardment Squad- their Terra Nova test. Ms. Pat Campanile's Mr. OBERSTAR. Mr. Speaker, during the ron; T/Sgt. James A. Copeland, 8th Service sixth grade class is an outstanding group of consideration of H.R. 4762, legislation to re- Group, HQ Squadron; Cpl. Charles W. Samp- young people. I wish the best of luck to the quire Section 527 disclosure, my vote was not son, 8th Service Group, 11th Service Squad- following group of sixth graders: Pedro Alva- recorded on final passage. ron; Pfc. Dale Van Fosson, 8th Service Group, rez, Angelica Beltran, Jeffrey Clement, Da Had I been present, I would have voted 1160th Quartermaster Company; Pfc. Kenneth Juane Collins, Shannon Costro, Casaundra ``aye'' on Rollcall 341. I ask unanimous con- W. Mann, 36th Service Group, 374th Service Davis, Erin Feeney, Julia Fluke, Kalem sent that my statement appear in the RECORD Squadron; Pfc. Charles M. Williams, 455th Francis, Lacey Hall, Matthew Hanratty, Gina after Rollcall Vote 341. Service Squadron; T/5 William A. Briggs, Hinchliffe, Darrell Jenkins, Sachi Jonas,

VerDate 112000 06:13 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JN8.078 pfrm03 PsN: E30PT1 E1184 CONGRESSIONAL RECORD — Extensions of Remarks June 30, 2000 Lauren Jordan, Debbie King, Jonathan Law- Had I been present, I would have voted nay have voted as follows: Rollcall #352Ðyes, rence, Robert Murninghan, Brittney Nock, on rollcall No. 319, the Waxman amendment Rollcall #353Ðyes, Rollcall #354Ðyes, Roll- Christopher Perez, Jenna Perez, Andre Robin- to H.R. 4690ÐCommerce-Justice-State Ap- call #355Ðno, Rollcall #356Ðyes, Rollcall son, Charmel Sippio, Amanda Smith, Krystle propriations. #357Ðno. Snyder, Michael Solvibile, Patricia Stout, f Prunell Thurman, Philip Washington. f f HONORING THE CAREER OF SHIR- LEY FEIRER, PRESIDENT OF THE PERSONAL EXPLANATION DEPARTMENT OF MICHIGAN SHEPPARD AIR FORCE BASE AND VETERANS OF FOREIGN WARS COMMUNITY FREEDOM FEST HON. DONALD A. MANZULLO AUXILIARY COMMEMORATION OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES HON. DEBBIE STABENOW HON. MAC THORNBERRY Thursday, June 29, 2000 OF MICHIGAN Mr. MANZULLO. Mr. Speaker, on Monday IN THE HOUSE OF REPRESENTATIVES OF TEXAS evening, June 26, 2000, there was a series of Thursday, June 29, 2000 IN THE HOUSE OF REPRESENTATIVES votes called for the bill providing appropria- Ms. STABENOW. Mr. Speaker, I would like tions for the departments of Commerce, Jus- Thursday, June 29, 2000 tice and State, and the JudiciaryÐH.R. 4690. to recognize the years of dedication and serv- I was unavoidably delayed due to mechanical ice of Shirley Feirer to the Veterans of Foreign Mr. THORNBERRY. Mr. Speaker, I would problems and personnel issues with not one, Wars Auxiliary. Ms. Feirer will be concluding like to take this opportunity to commemorate but two different, airlines. Consequently, I was her year of outstanding service as President of the contributions of the men and women who delayed to the point of missing several votes. the Department of Michigan VFW Auxiliary on have served America while stationed at Had I been present for roll call vote 322, the July 1, 2000 at the Department Convention in Sheppard Air Force Base, Wichita Falls, Sanford Amendment numbered 33 printed in Dearborn, Michigan. Texas and members of the community during President Feirer first joined the Auxiliary in the CONGRESSIONAL RECORD to strike the $8.2 their Independence Day celebration. million appropriation for the Asia Foundation in October 1983 with her husband Joseph, who the Department of State, I would have voted served in World War II in Europe. In 1990 she The Sheppard Air Force Base July 4th, Aye. was appointed as District 10 President, which 2000 Freedom Fest is a celebration of free- Had I been present for roll call vote 323, the she performed simultaneously with her newly dom recognizing the contributions and sac- Olver Amendment numbered 72 printed in the elected position as Washington Township Su- rifices of patriots in the past and celebrating CONGRESSIONAL RECORD to add a new proviso pervisor. In 1997, she was chosen to serve as the promise of America's future. In honor of into the bill (relating to the Kyoto Protocols) all State President. Elected as a Guard with this event and these contributions, I enter the which clarifies that the limitations on funds the Department of Michigan in 1994, Ms. following proclamation into the official record shall not apply to activities which are other- Feirer proceeded through the chairs to be- of today. wise authorized by law, I would have voted come State President in 1999. Nay. Over the past year, Shirley has logged Had I been present for roll call vote 324, the many miles to visit the 279 VFW auxiliaries Whereas the friendship and understanding be- Hostettler Amendment numbered 23 printed in that make up the Michigan Department. She tween the men and women of Sheppard the CONGRESSIONAL RECORD to add a new has not only traveled the state of Michigan, Air Force Base and Wichita Falls, section which provides that no funds in the bill she has represented the over 3,000 Michigan Burkburnett, Iowa Park, and other North may be used to enforce, implement, or admin- auxiliary members at national conventions. Texas communities are indicative of the ister the provisions of the settlement document She has balanced all of this with her role as strong civil-military support so essential to dated March 17, 2000, between Smith and Washington Township Supervisor, Mother of America's strength; Wesson and the Department of the Treasury, three sons, five step-children, twelve grand- Whereas since its beginnings in 1941 as a I would have voted Aye. children, one great grandchild and caretaker of training base for B±25 and B±26 aircraft Had I been present for roll call vote 325, the her mother. mechanics, Sheppard Air Force Base has Vitte amendment numbered 77 printed in the Today I would like to thank Shirley for her CONGRESSIONAL RECORD to add language to continued to play an essential role in years of service and her dedication to the vet- training so many of America's sons and the bill prohibiting the use of funds by the erans who have so nobly served our country. State Department to approve the purchase of daughters in critical skills that enabled us The foundation that Ms. Feirer helped to build property in Arlington, Virginia by the Xinhua to win the Cold War; will remain for future generations. I wish her News Agency, I would have voted Aye. Whereas it should be acknowledged the men the very best as she steps down as President. Finally, had I been present for roll call 326, and women of Sheppard Air Force Base I am sure she will continue to be a valuable final passage for the bill, H.R. 4690, I would host Freedom FestÐa day of family funÐ asset to the VFW Auxiliary in the future. have voted Aye. in appreciation and gratitude of the mili- f f tary and civilian patriots of the past and PERSONAL EXPLANATION PERSONAL EXPLANATION present so committed to the preservation of freedom; HON. EVA M. CLAYTON HON. BOB FILNER Therefore, let it be known that the Sheppard OF NORTH CAROLINA OF CALIFORNIA Air Force Base Freedom Fest celebration IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES is a commendable event celebrating freedom, liberty, community support, and Thursday, June 29, 2000 Thursday, June 29, 2000 friendship. Mrs. CLAYTON. Mr. Speaker, I was un- Mr. FILNER. Mr. Speaker, on Thursday, avoidably detained and missed Rollcall vote June 28, I missed a series of votes due to the No. 319. death of my father. Had I been here, I would

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HIGHLIGHTS Senate passed Labor/HHS/Education Appropriations. Senate agreed to the Conference Report on Military Construction Appro- priations. Senate tribution or provision of, or the provision of a pre- Chamber Action scription for, postcoital emergency contraception. (By Routine Proceedings, pages S6185–S6299 41 yeas to 54 nays (Vote No. 169), Senate earlier Measures Introduced: Five bills and six resolutions failed to table the amendment.) Pages S6186±87 were introduced, as follows: S. 2834–2838, S. Res. Specter (for Collins/Reed) Amendment No. 3700, 332–333, and S. Con. Res. 126–129. Page S6257 to provide grants to develop and expand substance Measures Reported: Reports were made as follows: abuse services programs for homeless individuals. S. 1755, to amend the Communications Act of Pages S6188±S6203 1934 to regulate interstate commerce in the use of Harkin (for Kerrey) Amendment No. 3701, to mobile telephones, with an amendment in the nature provide funds for the Web-Based Education Com- of a substitute. (S. Rept. No. 106–326) mission. Pages S6188±S6203 S. 2102, to provide to the Timbisha Shoshone Specter (for Collins) Amendment No. 3702, to Tribe a permanent land base within its aboriginal provide funds for the purchase of automated external homeland, with an amendment in the nature of a defibrillators and the training of individuals in basic substitute. (S. Rept. No. 106–327) cardiac life support. Pages S6188±S6203 H.R. 3646, for the relief of certain Persian Gulf evacuees, with an amendment in the nature of a sub- Specter (for Jeffords) Amendment No. 3703, to stitute. make available certain funds for activities regarding S. Con. Res. 113, expressing the sense of the Con- medication management, screening, and education to gress in recognition of the 10th anniversary of the prevent incorrect medication and adverse drug reac- free and fair elections in Burma and the urgent need tions in older Americans. Pages S6188±S6203 to improve the democratic and human rights of the Specter Amendment No. 3704, to provide that people of Burma, with an amendment. none of the funds appropriated by this Act may be S. Con. Res. 124, expressing the sense of the Con- used to withhold substance abuse funding pursuant gress with regard to Iraq’s failure to release prisoners to section 1926 from a territory that receives less of war from Kuwait and nine other nations in viola- than $1,000,000. Pages S6188±S6203 tion of international agreements. Harkin (for Graham) Amendment No. 3705, to S. Con. Res. 126, expressing the sense of Congress provide for the conduct of a study and report on un- that the President should support free and fair elec- reimbursed health care provided to foreign nationals. tions and respect for democracy in Haiti, with a pre- Pages S6188±S6203 amble. Page S6256 Harkin (for Bingaman) Amendment No. 3706, to Measures Passed: ensure that those students at risk of dropping out of Labor/HHS/Education Appropriations: By 52 school receive appropriate attention and to ensure yeas to 43 nays (Vote 171), Senate passed H.R. that all students are given the support necessary to 4577, making appropriations for the Departments of graduate from high school. Pages S6188±S6203 Labor, Health and Human Services, and Education, Harkin (for Reid) Amendment No. 3707, to re- and related agencies for the fiscal year ending Sep- vise the purpose of the National Institute of Child tember 30, 2001, after taking action on the fol- Health and Human Development relating to lowing amendments proposed thereto: gynecologic health. Pages S6188±S6203 Pages S6186±S6218 Harkin (for Durbin) Amendment No. 3708, to in- Adopted: crease funding for children’s asthma programs ad- Helms Amendment No. 3697, to prohibit the ex- ministered by the Centers for Disease Control and penditure of certain appropriated funds for the dis- Prevention. Pages S6188±S6203 D701

VerDate 11-MAY-2000 06:10 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 5627 Sfmt 5627 E:\CR\FM\D30JN0.REC pfrm02 PsN: D30JN0 D702 CONGRESSIONAL RECORD — DAILY DIGEST June 30, 2000 Harkin (for Durbin) Amendment No. 3709, to in- Harkin (for Lieberman) Amendment No. 3723, to crease funding for the Centers for Disease Control provide for a study evaluating the extent to which and Prevention to provide for the adequate funding funds made available under part A of title I of the of State and local immunization infrastructure and Elementary and Secondary Education Act of 1965 operations activities. Pages S6188±S6203 are targeted to schools and local educational agencies Specter (for Smith (of N.H.)) Amendment No. with the greatest concentrations of school-age chil- 3710, to require that contracts for the case of re- dren from low-income families. Pages S6188±S6203 search, NIH chimpanzees be awarded to contractors Harkin (for Bingaman) Amendment No. 3724, to that comply with the Animal Welfare Act. provide assistance to Tribal Colleges or Universities Pages S6188±S6203 for construction and renovation projects under sec- Harkin (for Dodd) Amendment No. 3711, to pro- tion 316 of the Higher Education Act of 1965, with vide an additional $800,000 for technology and an offset. Pages S6188±S6203 media services and to provide an offset. Harkin (for Baucus) Amendment No. 3725, to ex- Pages S6188±S6203 press the sense of the Senate regarding the impacts Specter Amendment No. 3712, to provide funds of the Balanced Budget Act of 1997. for Impact Aid basic support payments and to pro- Pages S6188±S6203 vide an offset. Pages S6188±S6203 Harkin (for Torricelli) Amendment No. 3726, to Specter (for Stevens) Amendment No. 3713, to state the sense of the Senate regarding funds for pro- provide grants to states for high schools to improve grams for early detection and treatment regarding academic performance and provide technical skills childhood lead poisoning at sites providing Early training and grants to elementary and secondary Head Start programs. Pages S6188±S6203 schools to provide physical education and improve Harkin (for Torricelli) Amendment No. 3727, to physical fitness. Pages S6188±S6203 allocate appropriated funds for programs for early de- Specter (for Stevens) Amendment No. 3714, to tection and treatment regarding childhood lead poi- provide grants to states and local government for soning at sites providing Early Head Start programs. early childhood learning for young children. Pages S6188±S6203 Pages S6188±S6203 Specter (for Smith (of N.H.)) Amendment No. Harkin (for Leahy) Amendment No. 3715, to in- 3728, to provide for a study into sexual abuse in crease funding for the Office of Civil Rights of the schools. Pages S6188±S6203 Department of Health and Human Services. Harkin (for Baucus) Amendment No. 3729, to Pages S6188±S6203 provide increased funding for school construction Harkin Amendment No. 3716, to increase the under the Impact Aid program, with an offset. amount of funds made available for activities that Pages S6188±S6203 improve the quality of infant and toddler child care. Harkin (for Landrieu) Amendment No. 3730, to Pages S6188±S6203 increase funding for adoption incentives. Specter (for DeWine) Amendment No. 3717, to Pages S6188±S6203 increase funding to provide assistance for poison pre- Harkin (for Byrd) Amendment No. 3731, to make vention and to stabilize the funding of regional poi- available $50,000,000 to enable the Secretary of son control centers. Pages S6188±S6203 Education to award grants to develop, implement Harkin (for Schumer) Amendment No. 3718, to and strengthen programs to teach American history increase funds for the National Program of Cancer (not social studies) as a separate subject within Registries. Pages S6188±S6203 school curricula. Pages S6188±S6203 Harkin (for Dodd) Amendment No. 3719, to pro- Rejected: tect the rights of residents of certain health care fa- Wellstone Amendment No. 3698, to provide for cilities. Pages S6188±S6203 a limitation on the use of funds for certain agree- Specter (for Enzi) Amendment No. 3720, to pro- ments involving the conveyance of licensing of a vide funding for certain activities of the Occupa- drug. (By 56 yeas to 39 nays (Vote No. 168), Senate tional Safety and Health Administration with respect tabled the amendment.) Page S6186 to all employers. Pages S6188±S6203 During consideration of this measure today, Senate Harkin (for Torricelli) Amendment No. 3721, to also took the following actions: express the sense of the Senate that the Health Care By 40 yeas to 55 nays (Vote No. 170), three-fifths Financing Administration should consider current of those Senators duly chosen and sworn not having systems that provide better, more cost-effective voted in the affirmative, Senate rejected a motion to emergency transport before promulgating any final waive section 302(f) of the Congressional Budget Act rule regarding the delivery of emergency medical of 1974 with respect to consideration of Harkin services. Pages S6188±S6203 Amendment No. 3699, to fully fund the programs Harkin (for Wellstone) Amendment No. 3722, to of the Individuals with Disabilities Education Act. provide additional funds for the Perkin’s loan can- Subsequently, a point of order that the amendment cellation program, with an offset. Pages S6188±S6203 was in violation of provisions of the Congressional

VerDate 11-MAY-2000 06:10 Jul 01, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 5627 Sfmt 5627 E:\CR\FM\D30JN0.REC pfrm02 PsN: D30JN0 June 30, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D703 Budget Act of 1974 was sustained, and the amend- Warner Amendment No. 3743, to modify the au- ment thus fell. Pages S6187±88 thority relating to the information security scholar- Senate sustained a point of order against section ship program. Pages S6287±91 515 of the bill, as amended, as being in violation of Warner (for Roberts) Amendment No. 3744, to section 311 of the Congressional Budget Act of provide for adjustments in the threshold requirement 1974, since it would cause fiscal year 2000 budget for the submission of a report on exports of com- authority and outlay to exceed the spending aggre- puters to Tier III countries. Pages S6287±91 gates of the budget resolution, and section 515 was Levin Amendment No. 3745, to add $18,900,000 thus stricken from the bill. Page S6204 for Defense-wide procurement for the procurement of Senate insisted on its amendment, requested a probes for aerial refueling of, and for the procure- conference with the House thereon, and the Chair ment and integration of internal, auxiliary, 200-gal- was authorized to appoint the following conferees: lon fuel tanks for, MH–60 aircraft for the United States Special Operations Command; and to offset Senators Specter, Cochran, Gorton, Gregg, Craig, that increase by reducing by $18,900,000 the Hutchison, Stevens, Kyl, Domenici, Harkin, Hol- amount for the Army for other procurement for the lings, Inouye, Reid, Kohl, Murray, Feinstein and family of medium tactical vehicles. Pages S6287±91 Byrd. Warner Amendment No. 3746, to increase the U.S. History Education: Senate agreed to S. Con. authorization of appropriation for the Army for Res. 129, expressing the sense of Congress regarding RDT&E by $40,000,000 in order to fund the devel- the importance and value of education in United opment and execution of the plan for comparing States history. Pages S6260±61, S6293 costs and operational effectiveness of medium ar- Electric Reliability 2000 Act: Senate passed S. mored combat vehicles; and to offset that amount by 2071, to benefit electricity consumers by promoting reducing the authorization of appropriation for the the reliability of the bulk-power system, after agree- Air Force for RDT&E for the extended range cruise ing to a committee amendment in the nature of a missile by $40,000,000. Pages S6287±91 substitute. Pages S6293±95 Warner Amendment No. 3747, to provide a two- year extension in the authority to engage in com- Measure Indefinitely Postponed: mercial activities as security for intelligence collec- Labor/HHS/Education Appropriations: Senate in- tion activities. Pages S6287±91 definitely postponed S. 2553, making appropriations Warner (for Domenici) Amendment No. 3748, to for the Departments of Labor, Health and Human state the sense of Congress regarding land transfers Services, and Education, and related agencies for the at Melrose Range, New Mexico, and Yakima Train- fiscal year ending September 30, 2001. Page S6293 ing Center, Washington. Pages S6287±91 National Defense Authorization: Senate resumed Levin (for Bingaman) Amendment No. 3749, to consideration of S. 2549, to authorize appropriations provide for the construction of an operations office for fiscal year 2001 for military activities of the De- complex for the National Nuclear Security Adminis- partment of Defense, for military construction, and tration. Pages S6287±91 for defense activities of the Department of Energy, Warner (for Crapo) Amendment No. 3750, to to prescribe personnel strengths for such fiscal year make available $400,000 for a conceptual design for for the Armed Forces, taking action on the following a Subsurface Geosciences Laboratory at Idaho Na- amendments proposed thereto: Pages S6287±91 tional Engineering Laboratory, Idaho Falls, Idaho. Adopted: Pages S6287±91 Warner (for Inhofe) Amendment No. 3740, to set Warner (for Bennett) Amendment No. 3751, to aside funds for the industrial mobilization capacity assist the economic development of the Ute Indian at Army ammunition facilities and arsenals that are Tribe by authorizing the transfer to the Tribe of Oil government owned, government operated. Shale Reserve Numbered 2, to protect the Colorado River by providing for the removal of the tailings Pages S6287±91 from the Atlas uranium milling site near Moab, Levin (for Dorgan) Amendment No. 3741, to ex- Utah. Pages S6287±91 press the Sense of the Senate on the modernization Warner Amendment No. 3752, to add funds for of Air National Guard F–16A Units. Pages S6287±91 the procurement of the anti-personnel obstacle Warner Amendment No. 3742 (to Amendment breaching system and to provide an offset. No. 3420 (agreed to by the Senate on June 14, Pages S6287±91 2000)), to substitute a requirement for a report on Levin (for Dodd) Amendment No. 3753, to au- the Department of Defense process for decision mak- thorize the Director of the Federal Emergency Man- ing in cases of false claims. Pages S6287±91 agement Agency to provide assistance to fire depart- Levin (for Reid) Amendment No. 3624, to pro- ments and fire prevention organizations for the pur- vide funds for the Secretary of the Navy to carry out pose of protecting the public and firefighting per- appropriate activities for the greenbelt at Fallon sonnel against fire and fire-related hazards. Naval Air Station, Nevada. Pages S6287±91 Pages S6287±91

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Warner Amendment No. 3754, to increase the Report to accompany Inter-American Convention amount available for close-in weapon system over- Against Corruption (Treaty Doc. 105-39) (Exec. hauls by $10,000,000. Pages S6287±91 Rept. No. 106–15) Page S6256 Warner (for Gorton) Amendment No. 3755, to Nominations Confirmed: Senate confirmed the fol- make available, with an offset, $150,000,000 for ad- lowing nominations: ditional cleanup activities at the Hanford Nuclear Paul C. Huck, of Florida, to be United States Dis- Reservation, Richland, Washington. Pages S6287±91 trict Judge for the Southern District of Florida. Warner (for Kyl) Amendment No. 3756, to in- John W. Darrah, of Illinois, to be United States crease funds for the national ignition facility (NIF) District Judge for the Northern District of Illinois. at Lawrence Livermore National Laboratory, Liver- Joan Humphrey Lefkow, of Illinois, to be United more, California. Pages S6287±91 States District Judge for the Northern District of Il- Levin (for Feinstein) Amendment No. 3757, relat- linois. ing to breast cancer stamp extension. Pages S6287±91 George Z. Singal, of Maine, to be United States Pending: District Judge for the District of Maine. Smith (of NH) Amendment No. 3210, to prohibit Pages SS6292, S6299 granting security clearances to felons. During consideration of this measure, Senate also Nominations Received: Senate received the fol- took the following action: lowing nominations: Senate vitiated adoption of the following amend- Roger L. Gregory, of North Carolina, to be ments: Levin (for Bingaman) Amendment No. 3231, United States Circuit Judge for the Fourth Circuit. which was agreed to by the Senate on June 8, 2000; Everett L. Mosely, of Virginia, to be Inspector and Levin (for Cleland) Amendment No. 3418, General, Agency for International Development. which was agreed to by the Senate on June 14, Marjory E. Searing, of Maryland, to be Assistant 2000. Page S6297 Secretary of Commerce and Director General of the A unanimous-consent agreement was reached pro- United States and Foreign Commercial Service. viding for the filing of certain amendments. 1 Army nomination in the rank of general. Page S6225 Page S6299 Estate Tax Repeal: Senate began consideration of Messages From the House: Page S6255 the motion to proceed to the consideration of H.R. Measures Placed on Calendar: 8, to amend the Internal Revenue Code of 1986 to Pages S6185±86, S6255 phase out the estate and gift taxes over a 10-year pe- Communications: Page S6256 riod. Pages S6295±97 Executive Reports of Committees: Page S6256 A cloture motion was entered to close further debate on the motion to proceed to the consideration Statements on Introduced Bills: Pages S6257±59 of the bill and, in accordance with the provisions of Additional Cosponsors: Pages S6259±60 Rule XXII of the Standing Rules of the Senate, a Amendments Submitted: Pages S6266±84 vote on the cloture motion will occur on Tuesday, Authority for Committees: Page S6284 July 11, 2000. Page S6296 Subsequently, the motion to proceed was with- Additional Statements: Pages S6254±55 drawn. Page S6297 Enrolled Bills Presented: Page S6256 Military Construction Appropriations Conference Record Votes: Four record votes were taken today. Report: Senate agreed to the conference report on (Total—171) Pages S6186±88, S6218 H.R. 4425, making appropriations for military con- Adjournment: Senate convened at 9:31 a.m., and struction, family housing, and base realignment and adjourned, pursuant to the provisions of S. Con. Res. closure for the Department of Defense for the fiscal 125, at 2:44 p.m., until, 1 p.m., on Monday, July year ending September 30, 2001, clearing the meas- 10, 2000. (For Senate’s program, see the remarks of ure for the President. Page S6225±42 the Majority Leader in today’s Record on page Interior Appropriations—Agreement: A unani- S6297.) mous-consent agreement was reached providing for further consideration of H.R. 4578, making appro- Committee Meetings priations for the Department of the Interior and related agencies for the fiscal year ending September (Committees not listed did not meet) 30, 2001, on Monday, July 10, 2000. Page S6297 HUD’S GOVERNMENT INSURED Authority for Committees: All committees were MORTGAGES authorized to file legislative reports during the ad- Committee on Governmental Affairs: Permanent Sub- journment of the Senate on Thursday, July 5, 2000, committee on Investigations concluded hearings to from 11:00 a.m. to 1:00 p.m. Page S6293 examine the adequacy of Department of Housing Executive Reports of Committees: Senate received and Urban Affairs’ policies and procedures for over- the following executive report of a committee: seeing lenders that make mortgage loans insured by

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HUD’s Federal Housing Administration, focusing on Gaffney, Inspector General, Kathryn M. Kuhl-Inclan, mortgage fraud commonly known as ‘‘flipping’’, Assistant Inspector General for Audit, and Philip which involves the purchase and then resale of prop- Kesaris, Assistant Inspector General for Investiga- erty at greatly inflated prices, after receiving testi- tions, all of the Department of Housing and Urban mony from William C. Apgar, Assistant Secretary Development. for Housing/Federal Housing Commissioner, Susan h House of Representatives DC JAIL—CORRECTIONS MEDICAL Chamber Action RECEIVER The House was not in session. It will reconvene Committee on Government Reform: Subcommittee on the at 12:30 p.m., on Monday, July 10. District of Columbia held a hearing on Beyond Community Standards and a Constitutional Level of Committee Meetings Care? A Review of Services, Costs, and Staffing Lev- els at the Corrections Medical Receiver for the Dis- DISTRICT OF COLUMBIA—MANAGEMENT trict of Columbia Jail. Testimony was heard from REFORM Laurie Ekstrand, Director, Administration of Justice Committee on Appropriations: Subcommittee on the Issues, General Government Division, GAO; Karen District of Columbia held a hearing on Management Schneider, Special Officer, U.S. District Court, Dis- Reform in the District Government. Testimony was trict of Columbia; and the following officials of the heard from Gloria L. Jarmon, Director, Health, Edu- District of Columbia: Eric Christian, Deputy Mayor, cation and Human Services, Accounting and Finan- Public Health and Justice; Ronald Shansky, M.D., cial Management Issues, GAO; the following officials Corrections Medical Receiver; and John Clark, Cor- of the District of Columbia: Anthony A. Williams, rections Trustee. Mayor; and Linda M. Cropp, Chairman, Council. f DRUGS AND ILLEGAL IMMIGRANTS CONTINUE FLOOD TO U.S. FROM MEXICO NEW PUBLIC LAWS Committee on Government Reform: Subcommittee on (For last listing of Public Laws, see DAILY DIGEST, p. D698) Criminal Justice, Drug Policy and Human Resources S. 1967, to make technical corrections to the sta- held a hearing on Black-Tar Heroin, Methamphet- tus of certain land held in trust for the Mississippi amine, Cocaine, Illegal Immigrants Continue to Band of Choctaw Indians, to take certain land into Flood U.S. from Mexico Testimony was heard from trust for that Band. Signed June 29, 2000. (P.L. the following officials of the Department of Justice: 106–228) Joseph D. Keefe, Special Agent in Charge, Special f Operations, DEA; and Luis E. Barker, Chief Patrol Agent, El Paso Sector, U.S. Border Patrol, Immigra- CONGRESSIONAL PROGRAM AHEAD tion and Naturalization Service; Ed Logan, Special Agent in Charge, San Diego, U.S. Customs Service, Week of July 3 through July 8, 2000 Department of the Treasury; Judge W. Royal Senate and House of Representatives stand in ad- Furgeson, Jr., U.S. District Court, Western District journment until Monday, July 10, 2000. of Texas; and public witnesses.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 1 p.m., Monday, July 10 12:30 p.m., Monday, July 10

Senate Chamber House Chamber Program for Monday: Senate will begin consideration of Program for Monday: To be announced. H.R. 4578, Interior Appropriations.

Extensions of Remarks, as inserted in this issue

HOUSE Goodling, William F., Pa., E1161 Moore, Dennis, Kans., E1163, E1165 Hall, Ralph M., Tex., E1171, E1172, E1176 Oberstar, James L., Minn., E1180, E1183 Andrews, Robert E., N.J., E1183 Hayes, Robin, N.C., E1169 Owens, Major R., N.Y., E1177 Baker, Richard H., La., E1164, E1166 Hayworth, J.D., Ariz., E1160 Paul, Ron, Tex., E1170 Barr, Bob, Ga., E1167, E1168, E1178 Hooley, Darlene, Ore., E1178 Rodriguez, Ciro D., Tex., E1164, E1166 Barrett, Thomas M., Wisc., E1160 Istook, Ernest J., Jr., Okla., E1159 Rothman, Steven R., N.J., E1167, E1168 Bentsen, Ken, Tex., E1182 Jackson-Lee, Sheila, Tex., E1169 Rush, Bobby L., Ill., E1162 Biggert, Judy, Ill., E1171 Jones, Stephanie Tubbs, Ohio, E1163, E1181 Sanchez, Loretta, Calif., E1179 Brown, Sherrod, Ohio, E1163 Kanjorski, Paul E., Pa., E1181 Skelton, Ike, Mo., E1165 Cardin, Benjamin L., Md., E1170 Kolbe, Jim, Ariz., E1179 Souder, Mark E., Ind., E1176 Clayton, Eva M., N.C., E1184 Kucinich, Dennis J., Ohio, E1163, E1166 Stabenow, Debbie, Mich., E1184 Cummings, Elijah E., Md., E1168 Lantos, Tom, Calif., E1181 Stark, Fortney Pete, Calif., E1182 Emerson, Jo Ann, Mo., E1179 LaTourette, Steven C., Ohio, E1163 Thompson, Mike, Calif., E1160 Engel, Eliot L., N.Y., E1159 Lazio, Rick, N.Y., E1167 Thornberry, Mac, Tex., E1184 Filner, Bob, Calif., E1184 Lee, Barbara, Calif., E1161 Towns, Edolphus, N.Y., E1163, E1165, E1166 Fletcher, Ernie, Ky., E1164, E1167, E1168 Lewis, Jerry, Calif., E1159 Udall, Mark, Colo., E1162 Forbes, Michael P., N.Y., E1179 Lewis, Ron, Ky., E1165 Udall, Tom, N.M., E1172 Gekas, George W., Pa., E1162 Lucas, Ken, Ky., E1162 Walden, Greg, Ore., E1170, E1172 Gephardt, Richard A., Mo., E1161 Luther, Bill, Minn., E1172 Watts, J.C., Jr., Okla., E1169 Gillmor, Paul E., Ohio, E1179 Manzullo, Donald A., Ill., E1184 Gonzalez, Charles A., Tex., E1178 Miller, Gary G., Calif., E1164, E1183

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